Title
Free Irrigation Service Act
Law
Republic Act No. 10969
Decision Date
Feb 2, 2018
The Free Irrigation Service Act provides farmers with landholdings of eight hectares and below exemption from irrigation service fees, aims to enhance agricultural productivity, and condones unpaid fees and penalties to support rural development.
A

Declaration of Policy

  • Promotes rural development, food self-sufficiency, equitable access, and sustained productivity.
  • Ensures availability of vital support services, particularly irrigation.
  • State commits to lowering production costs by providing free irrigation services.
  • Relieves farmers and irrigators associations from unpaid irrigation service fee burdens.

Scope of Free Irrigation Service

  • Exempts farmers with landholdings of 8 hectares and below from paying irrigation service fees (ISF).
  • Applies to water from national irrigation systems (NIS) and communal irrigation systems (CIS) funded or administered by NIA and other government agencies.
  • Farmers with more than 8 hectares, corporate farms, plantations, fishponds, and non-agricultural users remain liable for 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 irrigators associations (IAs) to NIA are also condoned and written off.

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

  • NIA continues to develop, operate, and maintain NIS.
  • May delegate O&M of secondary and tertiary canals and farm ditches to capable IAs.
  • NIA funds the O&M of these delegated facilities.
  • NIA issues policies and criteria to determine IA capability for O&M responsibilities.

Operation and Maintenance of Communal Irrigation Systems

  • IAs continue operation and maintenance of CIS.
  • National government provides funds equivalent to the forgone ISF for O&M of CIS.

Collection and Use of Irrigation Service Fees (ISF)

  • NIA issues guidelines on collection and use of ISF from non-exempt entities.
  • Includes management of unpaid ISF.
  • National government funds supplement O&M besides collected ISF.

Technical Assistance to Irrigators Associations

  • NIA and other government agencies provide technical assistance in O&M of irrigation systems and farm enterprise management.

Appropriations

  • Funds necessary for Act implementation included in the annual General Appropriations Act.

Implementing Rules and Regulations

  • NIA to promulgate implementing rules within 3 months after effectivity.
  • Consultations involve government agencies, farmers, IAs, cooperatives, and stakeholders.

Separability Clause

  • If any provision is declared invalid or unconstitutional, the remainder of the Act remains effective.

Repealing Clause

  • Amends Republic Act No. 3601 and related laws inconsistent with this Act.
  • Repeals or modifies contrary laws, decrees, orders, or regulations accordingly.

Effectivity

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

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