Title
Free Irrigation Service Act
Law
Republic Act No. 10969
Decision Date
Feb 2, 2018
The Free Irrigation Service Act aims to provide free irrigation service to small-scale farmers in the Philippines, exempting them from paying irrigation service fees and condoning their unpaid debts, in order to promote rural development and food self-sufficiency.
A

Declaration of Policy

  • Promotes comprehensive rural development, food self-sufficiency, equitable access to opportunities, and sustained productivity.
  • Aims to improve quality of life in rural areas and achieve national development.
  • Ensures availability of vital support services, particularly irrigation through construction, repair, and maintenance.
  • Committed to lowering the cost of production by providing free irrigation and relieving farmers and irrigators associations from unpaid irrigation service fees (ISF).

Scope of Free Irrigation Service

  • Exempts farmers with landholdings of 8 hectares and below from paying ISF for water from national and communal irrigation systems funded and managed by NIA and other government agencies.
  • Applies also to irrigation systems turned over to irrigators associations (IAs).
  • Farmers with more than 8 hectares, corporate farms, plantations, fishponds, and others using water for non-agricultural purposes continue to pay ISF.

Condonation and Writing Off of Loans, Past Due Accounts, and Penalties

  • Unpaid ISF and penalties of farmers with 8 hectares and below to NIA are condoned and written off.
  • Loans, past due accounts, interests, and penalties of IAs to NIA are also condoned and written off.

Operation and Maintenance (O and M) of National Irrigation Systems

  • NIA shall continue to develop, operate, and maintain National Irrigation Systems (NIS).
  • May delegate O and M of secondary, tertiary canals, and farm ditches to capable IAs.
  • NIA will provide equivalent funds for O and M of delegated facilities.
  • NIA responsible for issuing policies and criteria for determining IA capability to operate and maintain these systems.

Operation and Maintenance of Communal Irrigation Systems

  • Communal Irrigation Systems (CIS) shall continue to be operated and maintained by IAs.
  • National government to provide equivalent funds for O and M of CIS in lieu of ISF previously billed to exempt farmers.

Collection and Use of Irrigation Service Fees (ISF)

  • NIA shall issue guidelines on collection and use of ISF from those not exempt under the Act.
  • Includes measures for collection of unpaid ISF from non-exempt users.
  • National government funds supplement O and M of both NIS and CIS.

Technical Assistance to Irrigators Associations

  • NIA and other government agencies to provide technical assistance to IAs on O and M of irrigation systems and farm enterprise management.

Appropriations

  • Necessary funds for implementing the Act to be included in the annual General Appropriations Act.

Implementing Rules and Regulations

  • Within three months from effectivity, NIA in consultation with concerned agencies, farmers, IAs, and stakeholders shall promulgate implementing rules and regulations.

Separability Clause

  • If any provision is declared invalid or unconstitutional, other unaffected provisions remain effective.

Repealing Clause

  • Republic Act No. 3601, as amended, is amended to the extent it is inconsistent with this Act.
  • All other conflicting laws, issuances, executive orders, and regulations are repealed, modified, or amended accordingly.

Effectivity

  • The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.

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