REPUBLIC ACT NO. 2076 - AN ACT
AMENDING CERTAIN SECTION OF REPUBLIC ACT NUMBERED SIXTEEN HUNDRED NINE,
ENTITLED "AN ACT TO ENCOURAGE AGRICULTURAL PRODUCTION BY MAKING
FERTILIZERS AVAILABLE TO FARMERS AT REASONABLE PRICES" |
Section 1.
Section two of Republic Act Numbered Sixteen hundred and nine is
amended to read as follows: "Sec. 2. The
government shall purchase fertilizers and soil conditioners in the
manner hereinafter provided, and shall sell the same to farmers in the
manner herein provided, according to the following schedule of
prices: Sulphate or ammonia P70 per ton (synthetic crystalline) Phosphate of ammonia 90 per ton Superphosphate 60 per ton Sulphate of potash 80 per ton Muriate of potash 80 per ton Organic fertilizer and soil conditioner Not less than 50 per ton Provided, That mixed fertilizer shall be priced according to the cost herein provided for the various components of the mixture plus a reasonable charge for manufacturing: And provided, further, That the prices hereinabove provided shall be for fertilizers and soil conditioners in standard six-ply paper bags, asphalt laminated, ex-warehouse Manila basis, the necessary transportation and handling expenses shall be added to the price for points outside Manila." Sec. 2. Section three of the same Act is hereby amended to read as follows: "Sec. 3.
Only bona fide farmers shall be eligible to purchase fertilizers and
soil conditioners under this Act and they shall be allowed to purchase
only those types and in the quantities which the field agents of the
Bureau of Agricultural Extension shall certify jointly with the
municipal agriculturist to be actually necessary for their own planting
operations.cralaw "In making the certification provided in the first paragraph hereof, the officials concerned shall be guided by a national program for the allocation and distribution of fertilizers and soil conditioners formulated by the Secretary of Agriculture and Natural Resources or by any council or committee designated by him for the purpose.cralaw "In no case shall the fertilizers and soil conditioners acquired under this Act be resold or disposed of without previous approval from the Bureau of Agricultural Extension." Sec. 3. Section four of the same Act is amended to read as follows: "Sec. 4. The
ACCFA is hereby designated and directed to administer the distribution
of fertilizers and soil conditioners through the facilities of farmers'
cooperative marketing associations and their federations or other
farmers' cooperative associations or bona fide private farmers'
organizations duly registered with the Department of Labor that are or
may be organized in every town, and in towns where there are no
farmers' cooperative marketing associations operating or doing business
therein, other farmers' cooperative associations or bona fide private
farmers' organizations through the Bureau of Agricultural Extension
proportionately to the acreage devoted for agricultural production by
province in accordance with the latest statistics of the Department of
Agriculture and Natural Resources: Provided, That the fertilizer and
soil conditioner shall be used for the purpose it is intended and shall
not be channeled to the black market; and that the distributing agency
of fertilizers and soil conditioners shall take all steps to prevent
the waste and black marketing of the same, and shall provide the
greatest publicity concerning their distribution, giving such
information to the barrio councils or to any other civic organizations
requesting such information: Provided, further, That in the
distribution of fertilizers and soil conditioners preference be given
to small farmers with landholdings not exceeding five hectares, except
in the case of small farmers with landholdings of not exceeding two
hectares who may be allowed to buy the fertilizers and soil
conditioners on credit: Provided, further, That fertilizers and soil
conditioners not exceeding one bag per farmer may be distributed free
to indigent farmers who suffer losses due to crop failure because of
calamitous events certified to by the Director of the Bureau of
Agricultural Extension, with the approval of the Secretary of
Agriculture and Natural Resources: Provided, furthermore, That in the
handling, warehousing, transporting, and trucking of said fertilizers
and soil conditioners, only personnel and facilities of the farmers'
cooperative marketing associations and their federations or bona fide
private farmers' organizations or other farmers' cooperative
associations shall be utilized: Provided, finally, That the ACCFA shall
be responsible for delivering the fertilizers and soil conditioners to
the farmers at the fertilizing period appropriate for the various crops
of farmers throughout the Philippines." Sec. 4. Section five of the same Act is amended to read as follows: "Sec. 5. The
ACCFA shall determine before the beginning of each crop year, in
consultation with the Bureau of Agricultural Extension, the various
commodity corporations, the various chambers of agriculture, the
cooperative associations, and bona fide private farmers' organizations
the aggregate fertilizer and soil conditioner requirements for the
year, the actual needs and/or requirements per hectare of land
according to the kind of crop or crops produced thereon, and the
monthly schedule of procurement and delivery. The quantity of
fertilizer and soil conditioner to be allotted to the farmer-applicants
shall be on the basis of the actual needs and/or requirements of each
kind of crop or crops per hectare as determined in the manner
hereinabove described: Provided, however, That delivery and/or
distribution of the fertilizers and soil conditioners shall be made by
the ACCFA directly to the farmers concerned or, if such farmer or
farmers is or are members of a cooperative association which is
affiliated with the ACCFA, to said cooperative association: Provided,
further, That in the event the funds made available to the ACCFA be
less than what is appropriated, delivery and/or distribution shall be
made proportionately on the basis of the actual needs or requirements
of each kind of crop or crops." Sec. 5. Section six of the same Act is amended to read as follows: "Sec. 6. The
ACCFA shall procure the fertilizers and soil conditioners in the
quantities and types which are required at the lowest possible prices
first from locally produced supplies and the balance from imports
through public bidding to be conducted by a committee composed of the
Secretary of Finance or his representative, as chairman, the Secretary
of Agriculture and Natural Resources or his representative and a
representative of the ACCFA, as members: Provided, That the Central
Bank of the Philippines shall allocate the necessary dollars for the
importation of said fertilizers and soil conditioners: And provided,
further, That in order to assure the procurement and delivery of the
aggregate fertilizer and soil conditioner requirements, the funds
appropriated in section nine hereof shall be utilized solely for the
purpose of paying the difference between the total price of purchases
made and the selling price of the different kinds of fertilizer and
soil conditioner as provided in section two hereof." Sec. 6. Between section six and section seven of the same Act, the following new section is inserted: "Sec. 6-A.
Local purchases and/or importations made by the ACCFA of the aggregate
fertilizer and soil conditioner requirements in compliance with the
above sections shall be exempt from the payment of sale tax, all
percentage taxes of whatever nature and description, including the
special import tax." Sec. 7. Section seven of the same Act is amended to read as follows: "Sec. 7. The
representatives of farmers' cooperative marketing associations and
their federations may demand at any time that a bidding be called by
the committee herein created, for the purpose of assuring procurement
and delivery of their respective fertilizer and soil conditioner
requirements on time." Sec. 8. Section eight of the same Act is amended to read as follows: "Sec. 8. Any
official or employee of the ACCFA, or any official or employee of any
farmers' cooperative association and their federation or bona fide
private farmers' organization who shall discriminate in favor of or
against any person or persons in violation of section three hereof, or
who shalld, abet, facilitate, or channel fertilizers and soil
conditioners provided for in this Act to persons other than those
embraced in section three hereof or who shall violate any provision of
this Act shall be punished by a fine of not less than two thousand
pesos or not more than five thousand pesos and imprisonment of not less
than six months and not more than two years. "Any farmer receiving fertilizers
or soil conditioners under this Act who shall dispose of the same in
any manner other than their application to his farm without previous
approval from the Bureau of Agricultural Extension shall forfeit all
rights to receive fertilizers or soil conditioners under this Act and
shall, in addition, be punished by a fine of two thousand pesos or
imprisonment of one year, or both.cralaw "Any person who knowingly buys or receives from any farmer receiving fertilizers or soil conditioners under this Act without previous approval from the Bureau of Agricultural Extension, or any person or the president or manager of any juridical person who shall possess, deal in, sell, store, or export fertilizers or soil conditioners provided for in this Act, shall be punished with the same penalties prescribed in the preceding paragraph of this section." Sec. 9. Section nine of the same Act is amended to read as follows: "Sec. 9.
There is hereby appropriated for the purpose of this Act an amount of
twenty million pesos to be drawn every year and for a period of six
years out of any funds in the National Treasury." Section 10. Section ten of the same Act is amended to read as follows: "Section 10.
This Act shall take effect upon its approval and for a period of six
years from the date of its approval." Section 11. This Act shall take effect upon its approval.cralaw Approved: June 13, 1958 |