Justice for the Filipino Farmers: The effect of Rice Liberalization Act or Republic Act No. 11203

Rice fields are turning gold and two weeks from now, harvesting season will start here in Nueva Ecija. But unlike last year, you don't see from the farmer's eyes the excitement of reaping the fruit of four months of hard labor. Excitement turned into worry... worrying of just breaking even or even selling the harvest at a loss. Farmers have all the reasons to worry for the farm gate price of fresh palay is currently at 12 to 14 pesos per kilogram compared to 19 to 21 pesos per kilogram same season last year. 

Here are some interesting numbers... The average cost and average yield per hectare during this season are 40,000 pesos and 5,000 kgs of palay, respectively. At 12 pesos per kg, it will give a net income of 20,000 pesos per hectare ((12 pesos/kg x 5,000 kgs) - 40,000 pesos) compared to 55,000 pesos ((19 pesos/kg x 5,000 kgs) - 40,000 pesos) same season last year. That is roughly 65% loss of income! 20,000 pesos income translates to 3,333 pesos of monthly income and that amount of money is surely not enough to have a decent living for a farmer who only owns one or two hectares of farm.

It is ironic that farmers are the ones feeding the nation yet they cannot feed themselves...

It is ironic that government officials are exhausting all their time in figuring out where transgenders should pee yet they are ignoring the industry where millions of Filipinos depend their future...

Source: https://www.facebook.com/100000205029946/posts/3045247812158690?sfns=mo

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THE RICE TARIFFICATION LAW:

The Rice Tariffication Law titled “An Act liberalizing the importation, exportation, and trading of rice, lifting for the purpose the quantitative import restriction on rice, and for other purposes” was signed into law by President Rodrigo Roa Duterte on February 14, 2019. This is also known as the Rice Liberalization Act or Republic Act No. 11203, which amends the Agricultural Tariffication Act of 1996 that imposed tariff to agricultural imports except for rice. Primarily, the law aims to lift the quantitative restriction (QR) on rice imports and replace it with a general tariff.  The Agricultural Tariffication Act of 1996 served as the Philippine government’s compliance to our obligation to WTO, lifting QRs and imposing tariff to agricultural products. The law aims to protect local farmers from the entry of more imported rice into the country through the imposition of 35% tariff on rice coming from member-countries of the Association of Southeast Asian Nations (ASEAN) like Thailand and Vietnam. For non-ASEAN countries, 40% tariff is imposed. The collected tariffs will be used to fund mass irrigation, warehousing, and rice research.

Effects of rice tariffication:

Positive:

1. Lower retail prices for consumers. Possible savings for the consumers as it allows no limit in terms of the volume of imports which will eventually stabilize prices. However, in the long run, the economy could benefit more from the adoption of import tariffs than implementation of QRS which limit the entry of commodities and may lead to unstable prices.
2. Address the rice shortage. Would address the urgent need to improve availability of rice in the country, prevent artificial rice shortages, reduce the prices of rice in the market, and curtail corruption and cartel domination in the rice industry.
3. Lower inflation rates. The law will also reduce government's role in rice importation and lead to more rice imports by the private sector, thus, lowering rice prices and help tame inflation.
4. Interventions to support rice farmers. RCEF will provide key interventions to support farmers and enhance their competitiveness and profitability, including farm machinery and equipment to improve farm operations, rice seed development, propagation, and promotion, expanded rice credit, and extension services. Likewise, it will open up a window for farmers to export and contribute to the world market.

Negative                      

1. New law lacks safety nets for Filipino farmers. Farmer groups clamor that the new law will make them compete with cheap rice imports, making them more penniless. Measures should be in place to ensure that Filipino farmers will not suffer with the rice tariffication law and that "safety nets" are available for farmers.  While it has its good points, the lack of government regulation worries stakeholders.
2. 
   
2. Potential displacement of farmers, NFA employees, accredited NFA retailers, rice millers and rice by-product producers.  Aside from the obvious displacement of rice farmers, NFA employees, and some 90,000 accredited NFA rice retailers nationwide, the deregulation of rice imports goes beyond the industry. Some of the businesses and industries that will be affected by liberalized rice importation includes the following:       
2.                                               
   1. Millers. There are around 6,600 registered rice millers all over the country, employing 55,000 workers. Industry stakeholders, in a position paper, said that a complete milling facility costs from Php 30 million (US$572,519.08) to Php 50 million (US$954,198.47)¹  . This would place the value of the whole industry itself at Php200 billion (US$ 3.82 billion) to Php300 billion (US$ 5.73) ( (Orly Manuntag, Confideartion of Grains Retailers Association of the Philippines).
   2. 
      
   2. Animal feeds and beer industry. A by-product of the rice milling process, the rice bran is used for making animal and aquaculture feeds. A shortage in local unhusked rice production would also mean there would be a drop in its by-product.  If feed mills produce less, it would cause a possible increase in the prices of pork and chicken which use rice bran as major ingredient for its feeds. Another by-product which comes from the milling process is the brewer's rice or “binlid” which is used in manufacturing alcoholic drinks, particularly beer.
   2. 
      
   3. Biomass, construction industry. A drop in local rice output will also mean a decrease in rice hull, which is used as fuel for biomass furnaces used in the provinces to provide electricity. Rice hulls are also used as a binder for cement and land fillers (Orly Manuntag, Confideartion of Grains Retailers Association of the Philippines).
3. Enable cartels of the rice trade and will throw poor sectors into a worsened state of hunger. There is no guarantee that retail rice prices will be lower in the long run with unhampered importation. Relying on rice imports makes the country vulnerable to higher world market prices as well as to rice production and export decisions of other countries. In 2008, for instance, Vietnam, India and Pakistan restricted their rice exports amid rising global rice prices. Thailand also raised the idea of creating a global rice cartel similar to that for oil exporting countries.
3. 
   

Some salient issues on rice tariffication

1. Rice imports are cheaper than domestically produced rice. Under a free market, the market price of rice will decline with the influx of cheaper rice imports. Liberalizing rice imports will help, but will not solve the Philippines' inflation problem.
3. 
   
3. Tariff are set at 35% tariff rate on all rice imports from ASEAN countries, and a 40% tariff on all imports from non-ASEAN countries. However, some experts claim these tariff rates are still too high, and lower rates (10% to 20%) might be more feasible in keeping with the central goal of making rice more affordable for Filipinos. While this will result in imported rice becoming more expensive, the flood of imported grains will still threaten local produce and worse, affects the farmers.
4. To ensure that the rice to be imported will not be infested by pathogens or pests like bukbok (weevils), the new law requires that all private players secure “sanitary and phytosanitary import clearances” from BPI before they can import. Past experience tells us that this could be prone to abuse (Dr. Ramon Clarete, University of the Philippines School of Economics).
5. The Rice Fund will be put to better use if it were focused instead on improving rice farmers’ access to credit and crop insurance (Dr. Emil Q.  Javier, National Academy of Science and Technology).

Source : http://ap.fftc.agnet.org/ap_db.php?id=960&print=1

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Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 11203

An Act Liberalizing the Importation, Exportation and Trading of Rice, Lifting for the Purpose the Quantitative Import Restriction on Rice, and For Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Section 2 of Republic Act (R. A.) No. 8178. as amended, is hereby further amended to read as follows:

"Sec. 2. Declaration of Polic - — It is the policy of the State to ensure food security and to make the country’s agricultural sector viable, efficient and globally competitive. The State adopts the use of tariffs m lieu of non-tariff import restrictions to protect local producers of agricultural products.

Section 2. Section 3 of R. A. No. 8178. as amended is hereby further amended to read as follows:

"Sec. 3. Definition of Terms. - The following definitions apply to the terms used in this Act:

"(a) ‘Agricultural products’ shall refer to specific commodities classified under Chapters 1-24 of the Harmonized Commodity Description and Coding System (HS) adopted and used in Section 1611 of R. A. No. 10863, otherwise known as the "Customs Modernization and Tariff Act" (CMTA);

"x x x

"(c) ‘ATIGA Rate’ refers to tariff rate commitments under the ASEAN Trade m Goods Agreement (ATIGA) applicable to importations originating from Association of Southeast Asian Nations (ASEAN) member States;

"(d) ‘Bound rate’ refers to the agreed maximum tariffs on products committed by the Philippines to the World Trade Organization (WTO) under the Uruguay Round Final Act, and under the ATIGA, in accordance with its tariff schedule (Annex 2: Tariffs under the ASEAN Trade in Goods Agreement (ATIGA)- PHILIPPINES);

"(e) ‘Buffer Stock’ refers to the optimal level of rice inventory that shall be maintained at any given time to be used for emergency situations and to sustain the disaster relief programs of the government during natural or man-made calamities;

"(f) ‘In-Quota Tariff Rate’ refers to the tariff rates for minimum access volumes committed by the Philippines to the WTO under the Uruguay Round Final Act:

"(g) ‘Out-Quota Tariff Rate’ refers to the higher rate of customs duty that is levied on the quantities of an imported agricultural product in excess of its minimum access volume (MAV);

"(h) ‘Minimum Access Volume’ refers to the volume of a specific agricultural product that is allowed to be imported with a lower tariff as committed by the Philippines to the WTO under the Uruguay Round Final Act;

"(i) ‘Most Favoured Nation (MFN) Rate’ refers to Philippine tariff rates that are applicable to imports from all sources as prescribed in the CMTA;

"(j) ‘Quantitative Import Restrictions’ refer to non-tariff restrictions used to limit the amount of imported commodities, including, but not limited to discretionary import licensing and import quotas, whether qualified or absolute;

"(k) ‘Rice’ refers to all products classified under the Harmonized Commodity Description and Coding System (HS) heading 10.06;

"(l) ‘Rice Shortage’ is a situation where the quantity available or the supply of the commodity in a market falls short of the quantity demanded or required at a given time;

"(m) ‘Tariff’ refers to a tax levied on a commodity imported from another country. It earns revenues for the government and regarded as instruments to promote local industries by taxing their competitors. The benefit is accorded to the local producers by the maintenance of a domestic price at a level equal to the world price plus the tariff;

"(n) ‘Tariff Equivalent’ refers to the rate of tariff that provides comparable protection under existing quantitative import restrictions, reflected by the average price gap between domestic prices and world prices; and

"(o) ‘Tariffication’ refers to the lifting of all existing quantitative restrictions such as import quotas or prohibitions, imposed on agricultural products, and replacing these restrictions with tariffs."

Section 3. Section 4 of R. A. No. 8178, as amended, hereby further amended to read as follows:

"Sec. 12. Repeal. - The following laws and all other laws or provisions of law prescribing quantitative import restrictions or granting government agencies the power to impose such restrictions on agricultural products or hindering the liberalization of the importation, exportation and trading of rice are hereby repealed:

"x x x

"(8) Subparagraphs i, v, vi, vii, xi. xii, xiii, xiv, xv, xvi, xvii, xviii, xix, xxii, xxiii, and xxv of Section 6(a) of Presidential Decree (P.D.) No. 4, as amended."

Section 4. A new Section 5 is hereby inserted after Section 4 of R. A. No. 8178, as amended, to read as follows:

"Sec. 5. Issuance of Sanitary and Phytosanitary Import Clearance for Rice for the Sole Purpose of Ensuring Food. Safety. - All importers of rice are required to secure a Sanitary and Phytosanitary Import Clearance (SPSIC) from the Bureau of Plant Industry (BPI) prior to importation in accordance with existing laws, rules and regulations: Provided, That the clearance shall not provide for import volume and timing restrictions: Provided, further, That failure on the part of the BPI to release the SPSIC without informing the rice importer of any error, deficiency, omission, or additional documentary requirement shall mean automatic approval of the SPSIC applied for within seven (7) days after submission of the complete requirements.

"The imported rice should arrive before the expiration of the SPSIC from the BPI.

"The food safety regulatory function of the NFA under Item (i), Section 16 of R. A. No. 10611, otherwise known as the ‘Food Safety Act of 2013’.1âwphi1 is hereby transferred to the BPI."

Section 5. Section 6 of R. A. No. 8178, as amended, is hereby further amended to read as follows:

"Sec. 6. Tariffication. - In lieu of quantitative import restrictions, the maximum bound rates committed under the Uruguay Round Final Act shall be imposed on the agricultural products whose quantitative import restrictions are repealed by this Act. xxx.

"x x x

"For the tariff equivalent of the quantitative import restrictions on rice, the bound rate shall be as notified by the Philippines to the WTO as follows:

"(a) For the minimum access volume committed by the Philippines to WTO. the in-quota tariff rate indicated in the applicable provisions of the WTO Agreement on Agriculture shall apply;

"(b) For rice imports originating from ASEAN member states, the import duty rate under the ATIGA shall apply; and

"(c) For rice imports originating from non-ASEAN WTO member states, the out-quota tariff rate is one hundred eighty percent (180%) or the tariff equivalent calculated in accordance with Paragraph 10 pf Annex 5, Section b, of the WTO Agreement on Agriculture upon the expiration of the waiver relating to the special treatment for rice of the Philippines, whichever is higher, shall apply.

"The calculated tariff equivalent shall be determined by the Tariff Commission and approved by the National Economic Development Authority (NEDA) Board within forty-five (45) days upon the effectivity of this Act."

Section 6. A new Section 7 is hereby inserted after Section 6 of R. A. No. 8178, as amended, to read as follows:

"Sec. 7. Powers of the President. - Consistent with the Philippine national interest and the objective of safeguarding Filipino farmers and consumers, the President is hereby empowered to act with full delegated authority subject to the provisions of the CMTA. in the following circumstances:

"(a) The President may increase, reduce, revise, or adjust existing rates of import duty up to the bound rate committed by the Philippines under the WTO Agreement on Agriculture and under the ATIGA, including any necessary change in classification applicable to the importation of rice: Provided, That the power herein delegated to the President shall only be exercised when Congress is not in session: Provided, further, That any order issued by the President adjusting the applied tariff rates shall take effect fifteen (15) days after publication;

"(b) In the event of any imminent or forecasted shortage, or such other situation requiring government intervention, the President is empowered for a limited period and/or a specified volume, to allow the importation at a lower applied tariff rate to address the situation. Such order shall take effect immediately and can only be issued when Congress is not in session; and

"(c) In case the calculated out-quota tariff rate referred to under Section 6(c) of this Act exceeds one hundred percent (100%), the provision of Paragraph 1, Section 1608(a) of the CMTA shall also not apply.

"The power herein delegated to the President may be withdrawn or terminated by Congress through a Joint Resolution."

Section 7. A new Section 7-A is hereby inserted after the new Section 7 of R. A. No. 8178, as amended, to read as follows:

"Sec. 7-A. Trade Negotiation Authority. - In the interest of the Philippine rice industry and Philippine consumers, and upon the recommendation of the NEDA and the Department of Agriculture (DA), the President may enter into trade negotiations or renegotiations of the Philippine international trade commitments on rice."

Section 8. A new Section 8 is hereby inserted after the new Section 7-A of R. A. No. 8178. as amended, to read as follows:

"Sec. 8. Maintenance of Rice Buffer Stock. - The NFA shall, in accordance with the rules, regulations and procedures to be promulgated, maintain sufficient rice buffer stock to be sourced solely from local farmers."

Section 9. A new Section 9 is hereby inserted after the new Section 8 of R. A. No. 8178. as amended, to read as follows:

"Sec. 9. Lifting of Quantitative Export Restrictions on Ric - — Any and all laws, rules, regulations, guidelines, and other issuances imposing quantitative export restrictions on rice are hereby repealed. The exportation of rice shall be allowed in accordance with the established redes, regulations and guidelines."

Section 10. A new Section 10 is hereby inserted after the new Section 9 of R. A. No. 8178, as amended, to read as follows:

"Sec. 10. Special Rice Safeguard. - In order to protect the Philippine rice industry from sudden or extreme price fluctuations, a special safeguard duty on rice shall be imposed in accordance with R.A. No. 8800, otherwise known as the ‘Safeguard Measures Act’ and its implementing rules and regulations."

Section 11. Section 7 of R. A. No. 8178. as amended, is hereby renumbered as Section 11 and is amended to read as

"Sec. 11. Mechanism for the Implementation of Minimum Access Volume (MAV). - An equitable and transparent mechanism for allocating the MAV of agricultural products whose quantitative restrictions are herein lifted, shall be developed and established, having the least government intervention, addressing the requirements of each geographical area, and without entailing any cost to importers/users of these products to the detriment of local consumers and other end-users.

"In the case of rice, its MAV will revert to its 2012 level at three hundred fifty thousand metric tons (350,000 MT) as indicated in the Philippine commitment to the WTO.

"x x x."

Section 12. Section 8 of R. A. No. 8178. as amended, is hereby renumbered as Section 12 and is amended to read as follows:

"Sec. 12. Agricultural Competitiveness Enhancement Fund. - To implement the policy enunciated in this Act, there is hereby created the Agricultural Competitiveness Enhancement Fund, herein referred to as the Fund. The Fund shall consist of all duties collected from the importation of agricultural products, except rice, under the MAV mechanism, including unused balances and collections from repayments from loan beneficiaries including interests, if any. The Fund shall be automatically credited to Special Account 183 in the General Fund of the National Treasury: Provided, That fund releases shall not be subject to any ceiling bv the Department of Budget and Management (DBM).

"x x x."

Section 13. A new Section 13 is hereby inserted after the renumbered Section 12 of R. A. No. 8178, as amended, to read as follows:

"Sec. 13. Rice Competitiveness Enhancement Fund. - There is hereby created a Rice Competitiveness Enhancement Fund, herein referred to as the ‘Rice Fund’. The Rice Fund shall consist of an annual appropriation of Ten billion pesos (₱10,000,000,000.00) for the next six (6) years following the approval of this Act and shall be automatically credited to a Special Account in the General Fund of the National Treasury which shall be in place within ninety (90)’ days upon the effectivity of this Act.

"At the end of the sixth (6th) year, a mandatory review shall be conducted by the Congressional Oversight Committee on Agricultural and Fisheries Modernization (COCAFM) to determine whether the Rice Fund and its use as provided for under this Act shall be continued, amended, or terminated. The COCAFM shall utilize the increase or decrease in farmers’ incomes as a primary benchmark in determining the effectiveness of the interventions under the program and its possible extension.

"The Secretary of Agriculture shall be accountable and responsible for the Rice Fund in coordination with other government agencies concerned.1âwphi1

"The amount allocated shall be released directly to the implementing agencies as provided for in this Act based on the objectives and plans of the rice industry roadmap: Provided, That the unutilized portion of the Rice Fund allocated to the implementing agencies shall not revert to the General Fund but shall continue to be used for the purpose for which it was set aside. Fund releases charged against the Rice Fund shall not be subject to any ceiling by the Department of Budget and Management (DBM).

"Any program undertaken in accordance with this Act shall only be deemed complementary and supplementary to and shall not be a replacement of any existing programs for rice and rice farmers already implemented by the DA and other agencies concerned.

"Subject to the usual accounting and auditing rules and regulations, the Rice Fund shall be allocated and disbursed to rice producing areas, as follows:

"(a) Rice Farm Machineries and Equipment – Fifty percent (50%) of the Rice Fund shall be released to and implemented by the Philippine Center for Postharvest Development and Mechanization (PHilMech) as grant in kind to eligible farmers associations, registered rice cooperatives and local government units (LGUs), in the form of rice farm equipment, such as tillers, tractors, seeders, threshers, rice planters, harvesters, irrigation pumps, small solar irrigation, reapers, driers, millers, and the like, for purposes of improving farm mechanization: Provided, That the PHilMech shall, whenever feasible, procure from accredited local manufacturers to assist in the promotion of locally manufactured farm machineries and equipment;

"(b) Rice Seed Development, Propagation and Promotion – Thirty percent (30%) of the Rice Fund shall be released to and implemented by the Philippine Rice Research Institute (PhilRice) and shall be used for the development, propagation and promotion of inbred rice seeds to rice farmers and the organization of rice farmers into seed growers associations and/or cooperatives engaged in seed production and trade:

"(c) Expanded Rice Credit Assistance – Ten percent (10%) of the Rice Fund shall be made available in the form of credit facility with minimal interest rate-s and with minimum collateral requirements to rice farmers and cooperatives, to be managed equally by the Land Bank of the Philippines (LBP) and the Development Bank of the Philippines (DBP); and

"(d) Rice Extension Services – Ten percent (10%) of the Rice Fund shall be made available for the extension services provided by PHilMech. PhilRice. Agricultural Training Institute (ATI) and Technical Education and Skills Development Authority (TESDA) for teaching skills on rice crop production, modern rice farming techniques, seed production, farm mechanization, and knowledge/technology transfer through farm schools nationwide as follows: seventy percent (70%) to TESDA, ten percent (10%) each to ATI, PhilRice and PHilMech.

"Provided, That the percentage allocation will be reviewed on the third year of the effectivity of this Act for possible revisions should intervention priorities change.

"Provided, further, That preferential attention should be given to rice farmers, cooperatives and associations adversely affected by the tariffication of the quantitative import restriction on rice in accordance with the thrust and priorities of R. A. No. 8435, as amended, otherwise known as the ‘Agriculture and Fisheries Modernization Act’ and the Philippine Development Plan (PDP). The increase or decrease of farmers’ incomes shall be the primary benchmark in granting these interventions.

"Provided, furthermore, That if the annual tariff revenues from rice importation exceeds Ten billion pesos (₱10,000,000,000.00) in any given year within the six (6) year period following the effectivity of this Act, the excess tariff revenues shall be earmarked by Congress and included in the General Appropriations Act (GAA) of the following year:

"(a) Rice Farmer Financial Assistance – A portion of the excess rice tariff revenues shall be released to the DA and shall be used for providing direct financial assistance to rice farmers who are farming two (2) hectares and below regardless of whether they continue farming rice or not as compensation for the projected reduction or loss of farm income arising from the tariffication of the quantitative import restrictions on rice;

"(b) Titling of Agricultural Rice Lands – A portion of the excess rice tariff revenues shall be released to the Department of Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR) and Land Registration Authority (LRA). and shall be used for the subdivision and titling of agricultural rice lands or parts thereof awarded to farmer-beneficiaries under the Comprehensive Agrarian Reform Program (CARP) and other similar programs of the government:

"(c) Expanded Crop Insurance Program on Rice – A portion of the excess tariff revenues shall be released to the Philippine Crop Insurance Corporation (PCIC) and shall be used for the provision of crop insurance to qualified rice farmer-beneficiaries under « its existing agricultural insurance programs; and

"(d) Crop Diversification Program – A portion of the excess tariff revenues shall be released to the DA and shall be used for productivity-enhancement programs for rice farmers seeking to diversify production towards other crops.

"The Congressional Oversight Committee on Agricultural and Fisheries Modernization (COCAFM) shall conduct a periodic review of the use of the Rice Fund."

Section 14. A new Section 14 is hereby inserted after the new Section 13 of R. A. No. 8178, as amended, to read as follows:

"Sec. 14. Beneficiaries of the Rice Fund. - The beneficiaries of the Rice Fund shall be those farmers and farmworkers and their dependents listed in the Registry System for Basic Sectors in Agriculture (RSBSA), and rice cooperatives and associations accredited by the DA. Within one hundred eighty (180) days from the effectivity of this Act, the DA. in consultation with farmers’ cooperatives and organizations and LGUs, shall validate and update the masterlist of eligible beneficiaries to ensure that those listed are legitimate farmers, farmworkers and rice cooperatives and associations.

"In order to focus on the targeted rice farmer beneficiaries, cooperatives and associations for the Rice Fund, the list of rice producing provinces and LGUs, as provided for by PhilRice as of 2015-2018. shall, be the basis and shall be added to the roadmap as an appendix."

Section 15. A new Section 15 is hereby inserted after the new Section 14 of R. A. No. 8178. as amended, to read as follows:

"Sec. 15. Rice Industry Roadmap. - Upon the effectivity of this Act, the DA, .together with the NED A. Department of Finance (DOF), DBM, DAR. National Irrigation Administration (NIA), TESDA, PCIC, National Anti-Poverty Commission (NAPC) Farmer Sectoral Council Representative and other government agencies concerned, including rice farmer representatives, shall be given a maximum of one hundred eighty (180) days to formulate and adopt the rice roadmap to restructure the government‘s delivery of support services for the agricultural rice sector.

"The following principles shall govern the development and implementation of the roadmap for the rice industry:

"(a) Raise sustainable investments in the rice industry particularly on rice support infrastructure and post-harvest facilities;

"(b) Improve the productivity, efficiency and profitability of small rice farmers and landless farmworkers;

"(c) Strengthen research and development programs that will enhance the resiliency of the rice industry:

"(d) Preserve and enhance the rice production capabilities of future generations;

"(e) Provide accessible, targeted and technology-oriented support services that cover the entire value chain;

"(f) Set up responsible, participatory and effective governance mechanisms; and

"(g) Address impact of income loss caused by rice tariffication.

"The rice industry roadmap shall be implemented through a complementation of the DA‘s rice sector programs as funded by the GAA, and the Rice Fund created under this Act."

Section 16. A new Section 16 is hereby inserted after the new Section 15 of R. A. No. 8178. as amended, to read as follows:

"Sec. 16. National Single Window Program. - To ensure the accurate collection of tariff as provided in Section 6 of this Act, the National Single Window (NSW) program of the Bureau of Customs (BOC) shall be implemented within one hundred eighty (180) days from the effectivity of this Act in accordance with Executive Order No. 482."

Section 17. Implementing Rules and Regulations. - Within forty-five (45) days from effectivity of this Act, the DA, NEDA and DBM shall, in coordination with DAR. DENR, NIA. LRA, PCIC. PHilMech, PhilRice, TESDA, LBP, DBP, ATI, and other government agencies concerned and after consultation with directly affected stakeholders, promulgate the rules and regulations to effectively implement the provisions of this Act.

Section 18. Separability Clause. - If any portion of this Act is declared invalid or unconstitutional, the portions or provisions which are not affected shall continue to be in full force and effect.

Section 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations inconsistent with this Act are hereby repealed or modified accordingly.

Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives
VICENTE C. SOTTO III
President of the Senate

This Act which is a consolidation of Senate Bill No. 1998 and House Bill No. 7785 was passed by the Senate and the House of Representatives on November 28. 2018.

DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives
MYRA MARIE D. VILLARICA
Secretary of the Senate
Approved: February 14, 2019

(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines

Source: http://ap.fftc.agnet.org/ap_db.php?id=960&print=1

How SOGIE BILL harm some sector in the Philippines?

SOGIE BILL will be harmful to the following sector;

1. COMFORT ROOM OF WOMEN 
Pag gumamit ang isang LGBTQ+ / lalaki na nagbihis babae sa comfort room ng babae kahit di mo alam kung nagkukunwari lang yan na LGBTQ+ bawal magreklamo ang babae so, hahayaan ng mga babae na gumamit ng comfort room nila ang isang lalaki na suot pambabae dahil once magsalita sila ng against sa pandinig ng LGBTQ+ o nakadamit pambabae na lalaki pwede kasuhan ang biological women as discrimination under the SOGIE BILL. ( SO PARANG NATURAL BORN WOMEN ANG MAG AADJUST SA KANILA AT ANG MAGSASAKRIPISYO NG KALIGTASAN NILA PARA LANG HINDI KASUHAN NG MGA LGBTQ+)

2. PARENT 
Ang magulang hindi pwedeng pakialaman o ituwid ang kanilang mga anak sa kanilang kasarian halimbawa; ang isa nilang anak ay nabibilang sa LGBTQ+. Bilang magulang hindi ka matutuwa na ang anak mo ay iba ang tinatahak na daan kay itutuwid mo siya hanggat maaga pa. Once ginawa yon ng magulang pwede siyang ipakulong o sampahan ng kaso ng kanyang anak under SOGIE BILL.

3. RELIGION 
halimbawa sa simbahan nagpepreach ang isang pari or pastor tungkol sa bawal ang makiapid sa kapwa lalaki o kapwa babae or what ever against the law of GOD tapos may tinamaan sa preech na yon sa mga nagsisimba na LGBTQ+ pwedeng kasuhan ang pastor at pari sa mga sinabi nila kahit na ipinaliwanag lang nila ang nilalaman ng Bible.

4. CHRISTIAN SCHOOL / CATHOLIC SCHOOL 
nag-enroll ang isang transgender, LGBTQ+ at hindi siya tinanggap dahil sa religious belief ng school na ang school ay para lamang sa biological women and man then ang school will be punished or pwedeng kasuhan under the SOGIE BILL.

5. BUSINESS 
Halimbawa ang business mo ay more on sa mga kasal at ang prinsipyo mo na ang kasal ay sagrado at para lang sa women and men then may nag ask ng service mo na magpapakasal ang dalawang lalaki at hindi mo tinanggap ang request nila then pwede ka nila kasuhan agad under SOGIE BILL.

6. NEW BORN BABY
Once nanganak ang isang nanay hindi pwedeng ilagay sa birth certificate na MALE OR FEMALE it should be ' XX or ##" so lahat ng ipapanganak walang kasarian na ilalagay sa birth certificate so meaning hindi identified ang kasarian ng isang bata.

SO IBIG SABIHIN NITO GUSTO NILA NG SPECIAL TREATMENT HINDI EQUALITY DAHIL ANG BATAS AY PARA SA KANILA LAMANG HINDI SA LAHAT NG SECTOR.

c : Erin Morningstar

Senate B ill No. 1271 : SOGIE BILL

Senate Bill No. 1271 (In substitution of Senate Bill No. 935)

Prepared and submitted by the Committee on Women, Children. Family Relations and Gender Equality with Senator Risa Hontiveros as author thereof

AN ACT PROHIBITING DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION (SOGIE) AND PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and the House o f Representatives o f the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known and cited as the "AntiDiscrimination Act." 


SEC. 2. Declaration of Policy. - The State recognizes the fundamental right of every person, regardless of sex, age, class, status, ethnicity, color, disability, religious and political beliefs, sexual orientation or gender identity, to be free from any form of discrimination. It shall therefore intensify its efforts to fulfill its duties under international and domestic laws to respect, protect and fulfill the rights and dignity of every individual.

Towards this end, the State shall exert efforts to address all forms of discrimination and violence on the basis of sexual orientation or gender identity and to promote human dignity as enshrined in the United Nations Universal Declaration on Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, particularly the General Recommendation No. 28 on Nondiscrimination Based on Sexual Orientation and Gender Identity, Convention on the Rights of the Child, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and all other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a signatory. 


SEC. 3. Definition of Terms. - As used in this Act, the following terms shall be defined as follows:

 a. Discrimination - refers to any distinction, exclusion, restriction, or preference based on the grounds of sex, sexual orientation, gender identity or expression, hereinafter referred to as “SOGIE”, and has the purpose or effect of nullifying or impairing the recognition, access to, enjoyment, or exercise by all persons on an equal footing of all rights and freedoms. For purposes of this provision, the actual sex, sexual orientation or gender identity of the person subjected to discrimination shall not be relevant for the purpose of determining whether an act of discrimination has been committed. 

b. Gender Expression - refers to the outward manifestations of the cultural traits that enable a person to identify as male or female according to patterns that, at a particular moment in history, a given society defines as gender appropriate. 

c. Gender Identity - refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with the physiological characteristics of the opposite sex. 

d. Profiling - refers to subjecting a person or group of persons to investigatory activities, which include unnecessary, unjustified, illegal, and degrading searches, or other investigatory activities, in determining whether an individual is engaged in an activity presumed to be unlawful, immoral or socially unacceptable. 

e. Sexual Orientation - refers to the direction of emotional sexual attraction or conduct. This can be towards people of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientation) or towards people of the opposite sex (heterosexual orientation). 

f. Stigma - refers to the dynamic devaluation and dehumanization of an individual in the eyes of others which may be based on attributes that are arbitrarily defined by others as discreditable or unworthy and which result in discrimination when acted upon.

SEC. 4. Communities Vulnerable to Discrimination and Abuse on the Basis o f SOGIE. - This Act seeks to protect individuals and communities that experience human rights violations on the basis of SOGIE, including, but not limited to, individuals and communities of diverse sexual orientation or gender identity or expression who are children, young, poor, differently abled, of different ethnic 2 background or cultural background, and of various religious belief.


SEC. 5. Discriminatory Practices. - It shall be unlawful for any person,  natural or juridical, to: 

 a. Promote and encourage stigma on the basis of SOGIE in the media, in  educational textbooks, and other medium. Inciting violence and sexual  abuse against any person or group on the basis of SOGIE is likewise  prohibited; 

 b. Include SOGIE, as well as the disclosure of sexual orientation, in the  criteria for hiring, promotion, transfer, designation, work assignment, re assignment, dismissal of workers, and other human resource movement  and action, performance review and in the determination of employee  compensation, career development opportunities, training, and other  learning and development interventions, incentives, privileges, benefits or  allowances, and other terms and conditions of employment: Provided, That  this provision shall apply to employment in both the private sector and  public service, including military, police and other similar services;  Provided, further. That this prohibition shall likewise apply to the  contracting and engaging of the services of associations or organizations  with lesbians, gays, bisexuals, transgenders, intersex, or queers  (LGBTIQs) members or of associations or organizations advocating  LGBTIQs rights; 

 c. Refuse admission or expel a person from any educational or training  institution on the basis of SOGIE: Provided, however. That the right of educational and training institutions to determine the academic  qualifications of their students or trainees shall be duly upheld; 

 d. Impose disciplinary sanctions, penalties harsher than customary or similar  punishments, requirements, restrictions, or prohibitions that infringe on the  rights of the students on the basis of SOGIE, including discriminating  against a student or trainee due to the SOGIE of the student's parents or  legal guardian; 

 e. Refuse or revoke the accreditation, formal recognition, registration or plan  to organize of any organization, group, political party, institution or  establishment, in educational institutions, workplaces, communities, and  other settings, solely on the basis of the SOGIE of their members or of their target constituencies;

f. Deny a person access to public or private nnedical and other health  services open to the general public, as well as access to public and private  health insurance, including HMOs, on the basis of SOGIE;

 g. Deny an application for or revoke, on the basis of SOGIE, any government  license, authority, clearance, permit, certification, or other similar documents necessary to exercise a profession, business, or any other  legitimate calling; 

h. Deny a person, access to or the use of establishments, facilities, utilities or  services, including housing, open to the general public on the basis of SOGIE: Provided, That the act of giving inferior accommodations or services shall be considered a denial of access or use of such facility or service; Provided, further. That this prohibition covers acts of discrimination  against juridical persons solely on the basis of the SOGIE of their  members or of their target constituencies; 

 i. Subject or force any person to undertake any medical or psychological  examination to determine or alter the person's SOGIE without the  expressed approval of the person involved, except in cases where the  person involved is a minor and below the age of discernment in which case  prior approval of the appropriate Family Court shall be required. In the  latter case, the child shall be represented in the proceedings by the  Solicitor General or the latter's authorized representative; 

 j. Subject any person, natural or juridical, to profiling, detention, or verbal or  physical harassment on the basis of SOGIE. Profiling, detention, or verbal  or physical harassment on the basis of SOGIE by members of law  enforcement agencies, including the military, police, immigration, is  likewise prohibited. Physical or verbal harassment based on SOGIE of  persons in custody or detention of the police, including subjecting them to  extortion, is also prohibited; and 

 k. Subject a person to any other analogous acts that shall have the effect or  purpose of impairing or nullifying the enjoyment, recognition, and exercise  of a person's human rights and fundamental freedoms. 

SEC. 6. Administrative Sanctions. - Willful refusal of a government official  whose duty is to investigate, prosecute, or otherwise act on a complaint for a violation of this Act to perform such a duty without a valid ground shall constitute gross negligence on the part of the official and shall be subjected to pertinent administrative sanctions.

SEC. 7. Penalties. - Any person who commits any discriminatory practice  described in Section 5(a), 5(d), 5(e), 5(g), and 5(h), upon conviction, be penalized by  a fine of not less than One Hundred Thousand Pesos (P100,000) but not more than 6 Two Hundred Fifty Thousand Pesos (P250,000) or imprisonment of not less than one  (1) year but not more than six (6) years, subject to the discretion of the court. 

Any person who commits any discriminatory practice described in Section 5(b), 5(c), 5(f), 5(i), and 5(j) shall, upon conviction, be penalized by a fine of not less 10 than Two Hundred Fifty Thousand Pesos (P250,000) but not more than Five  Hundred Thousand Pesos (P500,000) or imprisonment of not less than six (6) years  but not more than twelve (12) years, subject to the discretion of the court. 

Any person who commits any discriminatory practice described in Section 5(k)  shall upon conviction be penalized with the same penalty as the prohibited act to which it is analogous.


In addition, the court may impose upon a person found to have committed any  of the prohibited acts the rendition of community service in terms of attendance in  human rights education's familiarization with and exposure to the plight of the  victims. 

Nothing in this Act shall preclude the victim from instituting a separate and  independent action for damages and other affirmative reliefs. 

The penalties provided under this Section shall be without prejudice to the  imposition of administrative liability for government officials and employees. 


SEC. 8. Discriminatory Practices as Qualifying Aggravating  Circumstance. - If any civil, criminal, or administrative offense, not falling under this  Act, is committed and proven to be attended by any discriminatory practice prohibited  under Section 5 of this Act, said offense shall be qualified and the corresponding  penalty provided thereto shall be applied in its maximum period. 

SEC. 9. Redress Mechanisms for SOGIE-related Cases. 

 a. Inclusion o f SOGIE Concerns in All Police Stations. - The Women and  Children's Desks now existing in all police stations shall also act on and attend  to complaints/cases covered by this Act. In this regard, the police handling  said desks shall undergo trainings on human rights and SOGIE, gender  sensitivity and awareness, and sensitisation on the issue of violence and  abuse on the basis of SOGIE.

Complainant-minors can be represented by parents, guardians, social workers, or a non-government organization of good standing and reputation.

b. Role o f the Civil Service Commission - The Civil Service Commission (CSC) shall mandate the establishment of a grievance mechanism to address discriminatory practices committed by officers or employees of government agencies, instrumentalities, and government owned and controlled corporations (GOCCs) and other offices under its jurisdiction.

c. Role of the Department o f Labor and Employment - The Department of Labor and Employment (DOLE) shall mandate the establishment of a grievance mechanism to address discriminatory practices committed in the work place.

d. Role o f the Commission on Human Rights. - The Commission on Human Rights (CHR) shall investigate and recommend the filing of a complaint against any person/s violating this Act. If the Commission has reasonable cause to believe that any person or group of persons is committing acts penalized under Section 5 of this Act, the Commission shall recommend a legal action in the appropriate prosecutor's office or court. 

The CHR shall also direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required under this Act, and recommend the revocation of license, removal from office or employment, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith. Refusal by any officer without just cause to comply with an order of the Commission to revoke the licence, remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault, or who neglects to perform an act or discharge a duty required under this Act, shall be a ground for disciplinary action against said officer.

The CHR shall also document cases of discrimination on the basis of SOGIE and shall include these documented cases in its annual human rights report. The Commission shall actively provide recommendations to different branches of government on how to address and eliminate discrimination on the basis of SOGIE. 

SEC. 10. Programs to Promote Non-Discrimination and Diversity. - To eliminate all forms of discrimination, the State shall pursue initiatives and programs that seek to enable an environment free of stigma and discrimination. It shall direct the machinery and resources of the State to promote non-discrimination and shall encourage other sectors of the society to engage and participate in these efforts. It shall ensure the implementation of the following programs:

a. Social Protection Programs - the national government shall ensure that  communities vulnerable to stigma and discrimination on the basis of SOGIE  are integrated into government-run social protection programs.

 b. Diversity Programs and Policies - All government agencies, government owned and controlled corporations, private companies, public and private  educational institutions, and other entities shall establish diversity programs to  ensure human rights violations and violence on the basis of SOGIE are prevented. They shall also create an internal redress mechanism to address  cases of discrimination and develop administrative remedies or sanctions for  such cases. Public institutions shall incorporate these programs into existing  gender and development programs.

 c. Information and Education Campaign - All government agencies and  instrumentalities are mandated to develop and implement SOGI E-specific  gender sensitivity education and information dissemination. They shall  endeavour to produce and publish information and education campaign  materials on gender and human rights.

SEC. 11. Congressional Oversight Committee. - For the effective  implementation of this Act, there shall be created a Congressional Oversight  Committee, hereinafter referred to as the Anti-Discrimination Oversight Committee  (ADOC), within sixty (60) days after the enactment of this Act. The ADOC shall be  composed of ten (10) members from the Senate and the House of Representatives, which shall include the following: the Chairperson and two (2) members of the  Senate Committee on Women, Children, Family Relations, and Gender Equality: the  Chairperson and one (1) member of the Senate Committee on Justice and Human  Rights; the Chairperson and two (2) members of the House Committee on Women  and Gender Equality; and the Chairperson and one (1) member of the House  Committee on Justice. The members of the ADOC shall be appointed by the Senate  President and the Speaker of the House, respectively, with at least one (1) member representing the Minority. 


The ADOC shall be jointly chaired by the Chairpersons of the Senate Committee on Women, Children, Family Relations and Gender Equality and the House Committee on Women and Gender Equality. The Vice-Chair of the ADOC shall be jointly held by the Chairpersons of the Senate Committee on Justice and Human Rights and the House Committee on Justice. The Secretariat shall come from the existing Secretariat personnel of the Senate and the House of Representatives committees concerned.


The ADOC shall monitor the compliance of public institutions to the provisions of this Act. Within three years after the enactment of this Act, the ADOC shall conduct an audit of national and local policies that discriminate on the basis of SOGIE, and shall submit a report to Congress, the Office of the President, and the Supreme Court, on this subject.


The ADOC shall cease to exist six years after its organization.


SEC. 12. Separability Clause. - If any provision of this Act is declared unconstitutional or otherwise invalid, the validity of the other provisions shall not be affected thereby. 


SEC. 13. Repealing Clause. - All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly. 

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. Approved.


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Source : https://www.senate.gov.ph/lisdata/2517921693!.pdf