Law Summary
Scope and Coverage
- Applies to upland dwellers, lowland tenants, indigenous communities, CARP beneficiaries, farmers and farmworkers.
- Engages farmers' organizations, agro-processors, input suppliers, transport, warehousing, packaging sectors, NGOs.
- Encompasses government agencies and instrumentalities in DA-identified commercial crop production areas.
Definitions of Key Terms
- Non-traditional crops: crops other than rice, corn, coconut, sugarcane.
- High-Value Crops (HVC): crops with higher revenue potential than traditional crops (e.g., coffee, cacao, fruit crops, root crops, vegetables, legumes, spices, ornamental plants).
- Idle and Abandoned Land: Agricultural land unused for three years, excluding land converted to non-agricultural uses.
- Alienable and Disposable Land: Public domain land classified as not forest land.
- Forest Land: Public domain lands retained as forests and protected areas.
- Marginally Suitable Land: Land with physical limitations affecting sustained use.
- Cooperative: Registered association pursuing common socio-economic objectives.
- Farmers' Organization: Cooperatives or groups of primarily small agricultural producers.
- Small Scale Commercial Producer: Project worth up to ₱15 million.
- Farmworker: Person employed in agricultural enterprises.
- Upland Farming: Cultivation in elevated or non-irrigated areas.
- Certified and Good Seeds: Seeds meeting genetic purity standards per BPI.
- Private Sector: Non-government entities.
Site Identification
- DA, DAR, DENR, DILG/LGUs, and private sector identify and prioritize areas with comparative advantage based on agro-climatic conditions, market access, support facilities, and viable groups.
- Includes 1.3 million hectares of marginally suitable rice/corn areas and 1.2 million hectares of existing commercial crops.
- Annual review required to align with national land use policies.
Tenurial Arrangement
- Priority given to farmer-cooperatives, associations, and indigenous communities cultivating or residing near land.
- DAR and DENR may issue tenurial instruments for lands under their jurisdiction aligned with R.A. 7900 purposes.
- Leases granted for up to 25 years, renewable for another 25 years, up to 1,000 hectares.
Farm Model for High-Value Crops Production
- Adheres to DA’s Key Production Area (KPA) development approach aiming for modernization, competitiveness, and empowerment.
- Encourages crop production in suitably located areas with market access.
- Promotes cooperative organization and collective management of production, processing, marketing, distribution.
- Emphasizes agribusiness record-keeping and sustainable environmental practices.
High-Value Crops Development Fund (HVCDF)
- Initial capitalization of ₱1 billion: 60% for direct lending, 40% for guarantees.
- Funding sourced from CALF, grants, and borrowings.
- DA manages the fund through Agricultural Credit Policy Council and coordinates with BSP.
- Participating banks extend loans under their lending policies; grace periods and maturities align to project economics.
- Guarantee schemes encourage private lending, managed by QUEDANCOR.
Incentives and Privileges
- Crop insurance expanded by PCIC to cover high-value crops.
- Credit assistance available to farmer-cooperatives, CARP beneficiaries, individual farmers, and small-scale producers.
- Credit guarantees provided to enhance project bankability.
- Grace periods on government land lease payments depending on crop gestation.
- Tax exemptions for participating cooperatives on national and local taxes following RA 6938, National Internal Revenue Code, and Local Government Code provisions.
- Tax rebates to agro-processing firms buying directly from cooperatives.
- Marketing assistance for promotion, fair trade, standards, technology transfer.
- Technical support via research, extension, training coordinated by BAR, PCARRD, ATI, and other bodies.
- Infrastructure support focuses on farm-to-market roads, irrigation, trading centers, ports; BOT schemes encouraged.
- Postharvest facilities managed through coordination with concerned agencies and access facilitated.
- Access to good seeds and planting materials ensured; importation allowed under quarantine laws.
- Fiscal incentives applied through Board of Investments as per Investment Priorities Plan.
High-Value Crops Development Program Coordinating Office
- DA’s Agribusiness Group directs and coordinates the program across government and private sectors.
- Authorized to hire manpower, contract consultants, acquire resources.
- Functions include policy formulation, marketing assistance, research linkages, data bank establishment, investment promotion, monitoring.
- Regional Program Coordinating Offices established under DA Regional Agribusiness Sections for local coordination.
Miscellaneous Provisions
- Annual funding appropriated by DBM.
- Supersedes inconsistent rules, except CARP and other agrarian laws.
- Separability clause preserves the IRRs if parts declared invalid.
- Amendments made by DA Secretary after agency consultations with publication.
- Immediate effectivity upon publication.
Attachments: Tax Exemptions
- Cooperatives benefit from extensive tax exemptions per RA 6938 including income tax, sales tax, local taxes, and import duties subject to conditions.
- Exemptions last 10 years from registration or specified dates.
- Cooperatives exempt from certain fees and court charges related to cooperative functions.
Attachments: Value-Added Tax Exemptions
- Exemptions cover sales of agricultural, marine, and forest products in original state, fertilizers, pesticides, medical and educational services, certain imports, and more.
Attachments: Local Government Units Taxation Limitations
- LGUs prohibited from taxing income tax, documentary stamp tax, customs duties, some agricultural product sales, and transactions of cooperatives under RA 6938.
- Other exemptions include taxes on exports, banks, and pioneer enterprises consistent with law.