77

CONGRESSWATCH

Philippine ANALYST June 2016CONGRESSWATCH

Farm Tourism bill signed into lawPresident Benigno Aquino III signed into law Republic Act (RA) 10816, known as the Farm Tourism Development Act of 2016. The law aims to attract visitors and tourists to farm areas for production, educational and recreational purposes.

Farm tourism (also referred to as agri-tourism), as defined by the law, involves any agricultural- or fishery-based operation or activity that brings farmers, visitors or

tourists who want to be educated and trained on farming. The enactment of the Farm Tourism Development Act of 2016 could help the agriculture sector if it works, since this would improve the income and economic viability of small farmers and rural communities. It seeks to boost farm tourism in the Philippines by promoting environment-friendly, efficient and sustainable farm practices. According to the law, “(it) recognizes that tourism, coupled with agriculture extension services, can disseminate the value of agriculture in the economic and cultural development of the country, serve as a catalyst for the development of agriculture and fishery communities, and provide additional income for farmers, farmworkers and fisherfolk.”

The law provides for a Farm Tourism Strategic Action Plan, which outlines a set of programs, projects as well as activities for the development and growth of farm tourism in the country. The Plan will be integrated with the National Tourism Development Plan, and shall cover the following: Investment promotion and financing; market research, trends, innovations and information; accreditation of farm tourism camps; market promotion and development; agriculture and fishery research, development and extension; institutional- and human-resource development; and infrastructure support.

Meanwhile, a Farm Tourism Development Board will be established under the Department of Tourism (DOT). The Board will be composed of the following: Tourism Secretary as the chairperson; Agriculture Secretary as the vice chairperson;

members include the Trade Secretary, the president of an educational institution providing farm tourism programs, the president of a national farm tourism organization, the president of a national inbound tour operations association, and the president of a national federation of farmers cooperatives. The DOT along with the Department of Agriculture (DA), Tourism Infrastructure and Enterprise Zone Authority (TIEZA), and concerned local government units will develop a set of criteria on any geographic area where a farm tourism may be established so as to ensure and encourage more productivity and farmers.

Although farm tourism remains a relatively budding tourism sub-sector, it should be further pushed for, given its vast potential. As International School of Sustainable Tourism (ISST) president Mina Gabor noted, farm tourism is “one of the country’s sunshine industries, which can be developed because of the

78 CONGRESSWATCH

Philippine ANALYST June 2016CONGRESSWATCH

BENEfiTS Of fARm TOuRiSm:

h Economic growth – offers a path to economic development in rural areas, attracts visitors and generates more employment for the locals;

h Social benefits – contributes to poverty alleviation, which mitigates migration and slum formation in urban areas;

h Health benefits – encourages organic farming;

h Education – helps in educating the new generation about the importance of the environment in ensuring food security and balanced eco-system and in providing an avenue for technology transfer;

h Heritage and ecological conversation – majority of the sites have been established as World Heritage Sites

LuZON

Kaharian Realty & Farms Inc. Lipa City, BatangasMoca Agri-Farm Castillo, BatangasCostales Nature Farms Majayjay, LagunaHacienda Macaluan Inc. Calauan, LagunaUniversity of the Philippines Los Baños Los Baños, LagunaSonya’s Garden Silang, CaviteIlog Maria Honey Bee Farm Alfonso, CaviteTomato Farms Piddig, Ilocos NorteNational Apiculture Research Training Development Institute Bacnotan, La UnionCentral Luzon State University Nueva EcijaD. Duran Farm Agribusiness & Training Center San Ildefonso, BulacanGawad Kalinga Enchanted Farm Angat, BulacanBorja Egg Farm Magalang, PampangaBernie’s Farm (ASGAIC) Amucao, Tarlac CityPalawan Butterfly Garden Puerto Princesa, PalawanBridge Farm Puerto Princesa, PalawanDa-PAES Agri-tourism Farm Puerto Princesa, PalawanJuboken Farm and Enterprise Camalig, Albay

ViSAYAS

Our Lady of the Philippines Trappist Monastery Jordan, GuimarasBohol Bee Farm Restaurant and Resort Dauis, BoholPamora Firm Pigidan, AbraOrchard Valley Inc. Pavio, IloiloPeñalosa Farms Victorias City, Negros Occidental

miNDANAO

KampoJuan Eco-Adventure Farm Dicklum, BukidnonMonte Vicentaue Resort Brgy. New Passi, Sultan KudaratMindanao Baptist Rural Life Center Brgy. Bansalan, Davao Del SureDel Monte Philippines Camp Philipps, BukidnonMenzi Agricultural Development Manolo Fortich, BukidnonParadise Organic Farm Roxas Conception, Koronadal CityACES Natural Farm San Francisco, Panabo City

The Farm Tourism Development Act of 2016 will improve the income and economic viability of small farmers.

list of farm tourism sites in the philippines accredited by the da/dot

(Source: Development Bank of the Philippines, Industry Monitor (2014); Ang Asosasyon Sang Manguguma Nga Bisaya-OWA Mangunguma, Inc. (AAMBIS-OWA Party-list

Source: Ang Asosasyon Sang Manguguma Nga Bisaya-OWA Mangunguma, Inc. (AAMBIS-OWA Party-list)

79CONGRESSWATCH

Philippine ANALYST June 2016CONGRESSWATCH

agricultural nature of the economy.” Aside from this, Senator Cynthia Villar, proponent of the law, pointed out that “farm tourism can also help solve the problem of urban migration, which is placing stress on public services in urban areas.”

At present, the country has a total of 30 agri-tourism sites (see List of Farm Tourism Sites). Ms. Gabor is encouraging the new Tourism secretary to accredit more farms and include farm tours in travel packages since “this is a new product for tourism (that) facilitates more job generation.”

Duterte issues FOI as first executive order

In light of the 16th Congress’ failure to yet again pass the Freedom of Information (FOI) bill, President Rodrigo Duterte has issued the much-awaited measure as an executive order (EO). As an EO, the FOI is only for those in the Executive branch. It does not cover the Judiciary and Congress or other Constitutional bodies, and can be rescinded by the next President. A law is necessary to fully institutionalize the FOI.

The Freedom of Information (FOI) bill, which will promote transparency by ensuring public access to government records, is a much-awaited measure that dates back to 1987 (see backgrounder on FOI bill). Under “Daang Matuwid,” there were high hopes for its enactment under President Benigno Aquino III. Despite it being a major promise in his campaign, however, the former president withheld endorsement of the measure as priority legislation throughout his term, citing the need to address other more pressing concerns first.

Newly-elected President Rodrigo Duterte has issued the much anticipated bill as an executive order (EO). As an EO, it covers agencies under the executive branch, including all its offices, departments, bureaus, offices, government-owned or controlled corporations, as well as state universities and colleges. It is a landmark document as a transparency and accountability measure, but would still need to be made a law in order to make it an all-encompassing and entrenched measure.

Communications Secretary Martin Andanar said the President leaves it up to Congress if it would pass an FOI bill that would make public access to government information for all branches of government. Given President Duterte’s influence, especially in the legislature where his party PDP-Laban holds a supermajority, it seems likely the law would be passed during his administration.

According to the new EO, “Every Filipino shall have access to information, official records, public records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for public document.

“Access to information shall be denied when the information falls under any of the exceptions provided for in the 1987 Constitution.”

The EO does not cover the Judiciary and the Congress and other Constitutional bodies, and can be rescinded by the next President. Furthermore, violating the EO would not carry criminal liabilities, only administrative ones.

The Department of Justice and the Office of the Solicitor General has been tasked to prepare a list of exceptions within 30 days from the date the EO was signed (see box for Key statements on the FOI as EO and Criticisms to the Aquino administration’s amendments to the FOI Bill in the 15th Congress).

The Pres ident s igned the EO las t Ju ly 23.

BACkGROuNDER ON fREEDOm Of iNfORmATiON (fOi)

Freedom of Information (FOI) laws establish public access to information held by the government. It is a transparency and accountability measure meant to establish a “right-to-know” legal process. In the Philippines, there are Constitutional guarantees that open up the deliberative process to public access, such as: (1) Bill of Rights, Art. II, Sec. 7 - The right of the public to gain access to information on the government’s decision-making process; and (2) Declaration of Principles and State Policies, Art. II, Sec. 28 - The state policy on full public disclosure of all transactions involving public interest. Despite this however, the FOI bill in the country has been languishing in Congress since it was first filed in 1992.

In the 14th Congress, the FOI bill was almost passed into law, with the Senate ratifying the bicameral report for the bill, but with the Lower House failing to do the same.

In the 15th Congress, the bicam version was re-filed by Rep. Lorenzo Tanada III as House Bill No. (HB) 53. HB 53 adopts in full the bicam version of the FOI bill, which had undergone full legislative process in the preceding Congress. HB 53 was the basis and framework of the Aquino administration-backed version of the FOI bill in the 15th Congress.

In the 16th Congress, the bill was again re-filed. The Senate passed the bill on third and final reading, but with the Lower House again failing to do the same.

Farm tourism could likely spur to economic development in rural areas.

80 CONGRESSWATCH

Philippine ANALYST June 2016CONGRESSWATCH

kEY STATEmENTS ON THE fOi AS ExECuTiVE ORDER

“The executive's initiative is certainly a challenge now to Congress to pass an all-embracing FOI law…We urge in particular the House leadership to fast track the passage of a genuine FOI bill, one that will truly reflect the principles of full transparency in government and

full accountability of government officials and employees.”

-Bayan Muna Representative Carlos Isagani Zarate

"[The] new EO also has many limitations. For example, it clearly states that it will not cover 'exceptions enshrined in the Constitution, existing law or jurisprudence.' As such, limitations such as the invocation of 'executive privilege' and national security are still

there – exceptions that we duly fought against in the crafting of an FOI bill in Congress."

- Kabataan Party-List

HOuSE BiLL NO. 53 AQuiNO ADmiN AmENDmENT CRiTiCiSm

Exceptions - …access to information may be denied when…the information directly relates to national defense and its revelation will cause grave damage to the internal and external defense of the State…

Exceptions – Access to information shall be granted unless…the information directly relates to national security or defense and its revelation will cause grave damage to the national security or internal and external defense of the State

There was a general tendency on the part of governments to assign an “overbroad scope and meaning” to the term national security, in effect running the risk of prohibiting public access to a broad category of information.

(NEW) Exceptions. Access to information shall be granted unless…The records of minutes and advice given and opinions expressed during decision-making or policy formulation, invoked by the Chief Executive’s deliberative process that would result from the disclosure thereof. Once policy has been formulated and decisions made, minutes and research data may be available for disclosure unless they were made in executive session.

The amendment fails to recognize the role of the public in decision-making, especially in light of the following Constitutional guarantees that open up the deliberative process to the public.

the aquino administration’s amendments to the foi bill in the 15th congress

Sources: House Bill No. 53, proposed substitute FOI Bill from the Presidential Communications Development and Strategic Planning Office, Summary of Comments on MalacanangAmendments to the Tanada Bill dated May 2011 from the Institute for FOI, and 1987 Philippine Constitution

81CONGRESSWATCH

Philippine ANALYST June 2016CONGRESSWATCH

Sen. Drilon files bill institutionalizing 4Ps

Senate President Franklin Drilon has filed a measure that would institutionalize the implementation of the Pantawid Pamilyang Pilipino Program or 4Ps. The proposed bill also expands the reach of the poverty alleviation program. The measure is expected to be tackled this 17th Congress.

Sen. Drilon said that Senate Bill No. 12, once signed into law, will expand the number of CCT beneficiaries from the current 4.4 million households to 5.9 million.

Sen. Drilon pointed out that at least 1.5 million families formally classified under the Department of Social Welfare and Development’s (DSWD) National Household Targeting System for Poverty Reduction (NHTS-PR) as "near-poor," or whose income are only slightly above the poverty threshold, will benefit from his proposed measure.

The measure also ensures steady funding for the CCT, as it will now regularly receive the necessary f u n d s u n d e r t h e G e n e r a l A p p r o p r i a t i o n A c t .

According to Sen. Drilon the bill, once signed into law, will institutionalize the CCT as a permanent program of the national government, with the DSWD as the central planning, coordinating, implementing and monitoring body of the program.

"To ensure the effective implementation of the program, the DSWD shall closely coordinate with the Department of Education (DepEd) and the Department of Health (DOH), as regards the household-beneficiaries' availment of education and health services,” Sen. Drilon said.

According to Sen. Drilon his bill is in line with government's obligation to free Filipinos from poverty “through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.”

The senator noted the success of the 4Ps as an anti-poverty program, as studies show that the program closed about one-fourth of the poor's income gap, enabling them to move closer to the minimum income level.

"The 4Ps has become the 3rd largest Conditional Cash Transfer program globally, next only to Brazil (8.8 million households) and Mexico (6.5 million households)," he said.

The senator added that the 4Ps has improved mothers' access to maternal health by promoting pre-and post-natal care and deliveries in health facilities; improved children's health and access to health care services; and ensured better access to education by keeping thousands of poor children in school - particularly those who are most vulnerable to drop out.

The program’s cont inued implementa t ion i s crucial as in 2015 alone, it was able to bridge more than 300 ,000 ch i ld ren to f in i sh h igh school .

Sen. Drilon stressed that the CCT program has also become a platform for impoverished Filipinos to avail of social protection programs such as Philhealth, employment opportunities and entry into higher education through the Students' Grant-in-Aid Program by the Commission on Higher Education (CHED).

If passed, the law will ensure steady funding for