Free Irrigation Service Act

Case Overview and Summary

Summary of Republic Act No. 10969 (Free Irrigation Service Act)

Declaration of Policy (Section 2):
- Promote rural development, food self-sufficiency, equitable access to opportunities, and sustained productivity.
- Ensure availability of vital support services like irrigation to increase agricultural production and farmers' incomes.
- Contribute to lowering cost of production through free irrigation service and relieve farmers from unpaid irrigation service fees.

Scope of Free Irrigation Service (Section 3):
- Farmers with landholdings of 8 hectares and below are exempted from paying irrigation service fees (ISF) for water from national irrigation systems (NIS) and communal irrigation systems (CIS) funded, constructed, maintained, and administered by the National Irrigation Administration (NIA) and other government agencies, including those turned over to irrigators associations (IAs).
- Farmers with more than 8 hectares, corporate farms, plantations, fishponds, and non-agricultural users of NIS and CIS shall continue to pay ISF.

Condonation and Writing Off of Loans, Past Due Accounts and Penalties (Section 4):
- All unpaid ISF and corresponding penalties of farmers with 8 hectares and below to NIA are condoned and written off.
- All loans, past due accounts, and corresponding interests and penalties of IAs to NIA are condoned and written off.

Operation and Maintenance (O&M) of National Irrigation Systems (Section 5):
- NIA shall continue to develop, operate, and maintain NIS.
- NIA may delegate O&M of secondary and tertiary canals and farm ditches to capable IAs and provide equivalent funds for O&M.
- NIA shall issue policies, qualification requirements, and selection process for determining capable IAs.

Operation and Maintenance of Communal Irrigation Systems (Section 6):
- CIS shall continue to be operated and maintained by IAs.
- National government shall provide equivalent funds for O&M of CIS in lieu of ISF no longer billed from exempt farmers.

Collection and Use of ISF (Section 7):
- NIA shall issue guidelines on collection and use of ISF, including unpaid ISF, from those not exempted under this Act, in addition to funds provided by the national government for O&M of NIS and CIS.

Technical Assistance to Irrigators Associations (Section 8):
- NIA and other government agencies shall provide technical assistance to IAs on O&M of NIS and CIS, and on farm enterprises management.

Appropriations (Section 9):
- Amounts necessary for implementation of this Act shall be included in the annual General Appropriations Act.

Implementing Rules and Regulations (Section 10):
- Within 3 months from effectivity of this Act, NIA, in consultation with concerned agencies, farmers, IAs, farmer cooperatives, and other stakeholders, shall promulgate implementing rules and regulations.

Separability Clause (Section 11):
- If any provision is declared invalid or unconstitutional, other provisions not affected shall remain in full force and effect.

Repealing Clause (Section 12):
- Republic Act No. 3601, as amended by Presidential Decree Nos. 552 and 1702, is amended insofar as it is inconsistent with this Act.
- All other laws, decrees, issuances, orders, rules or regulations contrary to or inconsistent with this Act are repealed, modified, or amended accordingly.

Effectivity (Section 13):
- This Act shall take effect after 15 days from its publication in the Official Gazette or in two newspapers of general circulation.