IMPLEMENTING RULES AND REGULATIONS OF THE ORDINANCE NO.

2020-
012R, OTHERWISE KNOWN AS “THE AGRICULTURAL RENTAL LAW 2020 OF THE
PROVINCE OF BUKIDNON”
RULE I
GENERAL PROVISIONS

Section 1. Title. – These rules and regulations shall be known as the “Implementing
Rules and Regulations of the Agricultural Rental Law 2020 of the Province of Bukidnon,
and shall collectively be referred to as the “Rules” as mandated in Section 5 of Ordinance
No. 2020-012R.
Section 2. Purpose. – These Rules shall operationalize the provisions of Ordinance No.
2020-012R, herein referred to as the “Ordinance”, and prescribe the procedures and
guidelines for its implementation in order to facilitate compliance therewith and achieve
the objectives thereof.
Section 3. Declaration of Objectives and Policy. – These IRR are issued pursuant to
the objectives and policies declared under Ordinance No. 2020-012R, to wit: It is hereby
declared as the policy and objective of the Local Government of the Province of Bukidnon
that:

3.1. The Local Government shall promote and protect the rights of the banana
and pineapple lessors in the Province of Bukidnon; and
3.2. The Local Government shall ensure that with the proliferation of agricultural
plantation firms in Bukidnon, rights and laws shall not be violated and social
justice is preserved.
3.3. The Provincial Government of Bukidnon shall promote social and economic
equality as enshrined in Section 1, Article XIII of the 1987 Constitution.

Section 4. Construction and Interpretation. – These Rules and Regulations shall be

construed and interpreted in light of the Declaration of Objectives and Policy found in
Section 2 of the Agricultural Rental Law of 2020.

RULE II
DEFINITION OF TERMS

Section 5. Definition of Terms. – For purposes of this Rules, the following terms or
words shall mean or be understood as follows:

5.1. “Minimum Rental Rates” shall refer to the base rental amounting P25, 000.00 per
hectare per annum paid for the use or occupancy of an agricultural land planted to banana
and pineapple.

5.2. “Agricultural Lands” shall refer to lands devoted to or suitable for the cultivation of
pineapple or banana in the Province of Bukidnon.

5.3. “Agricultural Plantations” shall refer to companies that are operated whether as a
sole proprietors, partnership or corporation that are engaged in the business of pineapple
or banana plantation in the Province of Bukidnon.
5.4. “Agricultural Lessee” shall refer to any person whether natural or juridical who
rents the agricultural lands lawfully owned or possessed by the Agricultural Lessor for a
certain price in money.

5.5. “Agricultural Lessor” shall refer to any person whether natural or juridical who
lawfully owned or possessed an agricultural land by purchase, inheritance, or land
distribution by the State that is devoted to or suitable for the cultivation of pineapple or
banana.

5.6 “Provincial Agriculture Office” shall refer to the lead agency tasked to implement
and monitor The Agricultural Rental Law 2020.

5.7. “Business Permit” shall refer to a document that must be secured by the banana
and pineapple plantation companies from the city or municipal government, usually
through its Business Permits and Licensing Office (BPLO), for them to legally operate in the
Province of Bukidnon.

RULE III
COVERAGE AND APPLICATION
Section 6. Coverage. –

6.1. The provisions of the Ordinance shall apply to all agricultural companies whether
operated as sole proprietors, partnerships or corporations that are engaged in the business
of pineapple or banana plantation in the Province of Bukidnon.

6.2. It shall cover the contracts of lease entered into by the land owners as lessors and
the banana and pineapple plantation firms as lessees.

SECTION 7. Scope of Application. –

7.1. Upon the effectivity of the Ordinance, the base rental rate for all agricultural lands
planted to banana and pineapple shall be fixed at a minimum amount of Twenty-Five
Thousand Pesos (P 25, 000.00) per hectare per annum.

7.2. All subsisting contracts with rental base below Twenty-Five Thousand Pesos (P
25,000.00) shall be deemed amended upon the effectivity of this Ordinance at a minimum
base rental of Twenty-Five Thousand Pesos per hectare per annum, and shall cover only
the unexpired term of the contract.

RULE IV
STRATEGIES AND IMPLEMENTATION

Section 8. Creation of Monitoring Team and Functions. - Pursuant to Section 5 of

the Agricultural Rental Law 2020, the Provincial Agriculture Office shall develop and
establish a Monitoring Team to monitor the implementation of the said Ordinance.

After the approval of this IRR, the Provincial Governor may institute the formation of the
Monitoring Team to aid the Provincial Agriculture Office in the implementation of this
Ordinance.
The said team shall render reports of violations of Agricultural Lessees of non-compliance
of the said Ordinance to the Office of the Provincial Governor and to the Sangguniang
Panlalawigan.

In addition, the team shall perform the following functions:

1. Assist in the monitoring of the non-compliant Agricultural Lessees;

2. Assist the Provincial Government of Bukidnon and recommend mechanism for strict
implementation of the ordinance;

3. Set criteria for the additional guidelines to the City or Municipal Offices to strictly
monitor the Ordinance; and

4. Perform such other functions as may be necessary for the realization of the objectives
and policies as well as the principles enunciated under this Ordinance.

Section 9. Composition. – The Monitoring Team shall be composed of 1 (one) chairman

who is the Provincial Agriculturist and 4 (four) members: 1 (one) member from the
Provincial Agriculture Office, 1 (one) from the Multi-partite Monitoring Team of the Office
of Provincial Environment and Natural Resources (PENRO), 1 (one) member from each
Municipal or City Agriculture’s Office and 1 (one) from their Licensing Office.

Section 10. City/Municipal Agriculture Office Powers and Functions. – The City or
Municipal Agriculturist shall issue a certification and require the Agricultural Lessees to
submit a notarized affidavit stating that they complied with the Ordinance submitting
therewith additional requirement in the renewal of their business permit:

Document 1. List of Leased Area with the following information:

a) Name
b) Area Leased (No. of Hectares)
c) Location of Leased Area (Barangay, Municipality)
d) Year Leased
e) Term of Lease (Number of Years)

Document 2. Certification that the Agricultural Lessee has not leased prime agricultural
areas planted for food and feeds (rice, corn, cassava, other grains, vegetables)

Non-compliance therewith shall give the said Officer the authority to give appropriate
recommendations to the Provincial Agriculturist.

Section 11. Provincial Agriculture Office Powers and Functions. – The Provincial
Agriculture Office being the lead agency in implementing this Ordinance shall annually
check and verify the said affidavit to monitor Agricultural Lessee’s compliance to the
Ordinance.

The Provincial Agriculturist shall have the authority to issue recommendation to the
Governor and to the Sangguniang Panlalawigan for non-issuance of accreditation and to
recommend for revocation of ECC to the Office of the National Agency concerned upon
non-compliance of the Ordinance and this Implementing Rules and Regulations.
 RULE V
APPROPRIATION

SECTION 12. Appropriation. – The Provincial Government of Bukidnon shall appropriate

funds necessary to ensure the implementation of the Ordinance and to support the
monitoring activities spearheaded by the Provincial Agriculture Office, chargeable to the
available funds of the Office of the Governor.

RULE VI
SANCTION

Section 13. Sanction. – Any agricultural plantation firm who undertakes business in the
Province of Bukidnon without complying with the herein prescribed minimum rental rates,
shall be recommended for non-issuance of local business permits, for revocation of its
Environmental Compliance Certificate (ECC) and/or be declared persona non grata.

RULE VII
FINAL PROVISIONS

Section 14. Transitory Provisions. – The Joint Committee Report Nos. 2020-L-079 (26th
SP) and 2020-R-481(26th SP) of the Committees on Laws and Rules and Privileges,
respectively, recommending approval of this Implementing Rules and Regulations, shall
form part, and made an integral part, hereof.

Section 15. Separability Clause. – If any section or provision of these Rules and
Regulations is held or declared unconstitutional or invalid by a competent court, the other
sections or provisions hereof shall continue to be in force as if the sections or provisions so
annulled or voided had never been incorporated herein.

Section 16. Repealing Clause. – All Rules and Regulations or parts of said rules and
regulations of pertinent laws inconsistent with these Rules and Regulations are hereby
revised, amended, modified and/or superseded as the case may be by these Rules and
Regulations.

Section 17. Effectivity Clause. – This Implementing Rules and Regulations shall take
effect upon its approval by the Sangguniang Panlalawigan. Thereafter, Ordinance No.
2020-012R(26th SP) and these rules are deemed operative.

TECHNICAL WORKING GROUP:

 ALSON G. QUIMBA
Chairman, Technical Working Group
Provincial Agriculturist
Province of Bukidnon

BY:

JACQUELINE A. LAGAMON
Asst. Provincial Agriculturist

HON. BENITO U. BAGUIO HON. JOSEPH D. PALMADA

Member Member
Chair, Committee on Agriculture and Chair, Committee on Environmental
Cooperative Protection/Climate Change and Disaster
th
26 Sangguniang Panlalawigan Preparedness
th
26 Sangguniang Panlalawigan

RUBELIE G. CABIGUIN
Member
Board Secretary IV
Office to the Secretary to the Sanggunian

RGC’20©