[ Commonwealth Act No. 85, October 26, 1936 ]

AN ACT TO CREATE THE POSITIONS OF PROVINCIAL AGRICULTURAL SUPERVISORS AND LOCAL AGRICULTURAL SUPERVISORS AND TO AMEND THE REVISED ADMINISTRATIVE CODE ACCORDINGLY.

Be it enacted by the National Assembly of the Philippines:SECTION 1. The positions of provincial agricultural supervisors and local agricultural supervisors are hereby created and for this purpose Chapter Forty-six of the Administrative Code, as amended, is hereby further amended by adding to said chapter a new article, which shall be entitled "Article V.—Agricultural Supervisors," and shall contain the following provisions:"ARTICLE V.—Agricultural Supervisors

“SEC. 1813-A. Provincial agricultural supervisors and local agricultural supervisors.—There shall be a provincial agricultural supervisor in each province and a local agricultural supervisor in each municipality, municipal district or group of municipalities or municipal districts as may be recommended by the Director of Plant Industry. The provincial and local agricultural supervisors shall be appointed in accordance with the Civil Service Law and Rules.“SEC. 1813-B. Powers and duties of the provincial agricultural supervisors.—The provincial agricultural supervisor shall be the chief representative of the Bureau of Plant Industry in his province and shall as such have within the same general supervision and direction of the work of said Bureau, especially as regards the investigation of soil and climatic conditions and methods of producing and handling agricultural products; the introduction, production, and distribution of improved seeds and plants; the control and eradication of diseases, insects, and other pests injurious to plants; the operation of demonstration and agricultural extension work; the collection of agricultural statistics; and the publication and distribution of bulletins, circulars, and other printed matter. He shall at all times exercise supervision over the local agricultural supervisors of his province and shall keep informed as to the manner in which they perform their duties, by personal inspection where possible or by information he may secure from them or any other available means. He shall in proper cases advise them and give them instructions whenever they request the same or occasion therefor arises. He shall have power to take all steps necessary to check whatever may be injurious to agriculture and may cause the prosecution of persons responsible for any violation of the agricultural laws and ordinances and lawful regulations applicable to the province. He shall also have authority to combat any pest and remove the cause of any disease injurious to plants."Whenever it shall come to his knowledge that any law, regulation or municipal ordinance promulgated to combat any plant pest or disease is being disregarded in any municipality or municipal district within his province and the enforcement of such law, regulations or ordinance is being neglected, he shall bring this fact to the attention of the local agricultural supervisor and of the president of said municipality or municipal district and said officers shall immediately take such action as may be necessary to secure the proper enforcement of such law, regulation or ordinance."The provincial agricultural supervisor shall prepare and send to the Director of Plant Industry an annual report on his work and on the condition of' agriculture in his province and shall keep such records and statistics as said Director may require."SEC. 1813-C. Clerical assistance for provincial agricultural supervisor—Office room and supplies.—The provincial board of each province shall provide the necessary clerical assistance for the provincial agricultural supervisor and shall furnish suitable office room and the furniture, equipment, supplies, printing, stationery, and blank forms necessary for the proper transaction of the business of the office. Such personnel shall be appointed by the provincial board, on nomination by the provincial agricultural supervisor."SEC. 1813-D. Estimate to be submitted by the provincial agricultural supervisor to the provincial board.—The provincial agricultural supervisor shall prepare an estimate showing the probable expense of carrying on the work of his office and of the local agricultural supervisors of the province for the period for which the regular estimates of other provincial expenses are made, and shall seasonably submit the same to the provincial board, together with Plant Industry."SEC. 1813-E. Powers and duties of local agricultural supervisor.—The local agricultural supervisor shall perform his duties under the direct supervision of the provincial agricultural supervisor. He shall have the following powers and duties."(a) He shall, subject to the direction of the provincial agricultural supervisor, exercise general supervision over the condition of agriculture in his district, and shall, within the same, enforce all agricultural legislation and regulations applicable and see to the proper prosecution of all violations thereof."He shall have authority to eliminate everything that maybe a menace to agriculture in his district and to remove any cause of plant pest or disease and enforce the agricultural legislation and regulations applicable in such cases.“(b) He shall provide himself with the necessary material and instruments for all urgent cases of plant disease or pest."(c) He shall prepare and propose to the municipal council or municipal councils of his district suitable ordinances or regulations for the promotion and protection of local agriculture."(d) He shall at least once a week or more frequently if necessary, inspect each barrio and sitio of his district and shall attend, free of charge, to the inquiries of planters and fanners for at least two hours weekly in the local government building or in any other available place that may be more suitable. “(e) He shall, on request, personally assist poor planters and farmers, free of charge in combating any injurious plant pest and shall, when necessary, apply to the provincial agricultural supervisor for assistance."(f) He shall prepare and send to the provincial agricultural supervisor a quarterly report of his work and the condition of agriculture in his district."(g) He shall keep such records and statistics as the provincial agricultural supervisor may require."(h) He shall visit any place where an injurious plant pest or disease exists and shall take the measures provided by regulation and such others as may be necessary to prevent the spreading of such pests or disease. He shall whenever possible furnish to poor planters and farmers, free of charge, whatever may be required to combat a dangerous plant pest or disease.“(i) He shall cooperate with the local agricultural supervisors of neighboring municipalities or municipal districts in combating any dangerous plant pest or disease."(j) He shall once a year or more frequently if necessary, deliver in each barrio or other suitable place in his district a public lecture in the local dialect, either directly or through an interpreter, on methods of cultivation of local importance in order to encourage the use of improved agricultural methods, and on the control and eradication of diseases, weeds, insects and other pests injurious to cultivated plants."(k) He shall, whenever directed to do so by the provincial agricultural supervisor, attend conferences of local agricultural supervisors called by said provincial agricultural supervisor."(l) He shall perform such other duties as may be imposed upon him by the Director of Plant Industry and the provincial agricultural supervisor."SEC. 1813-F. Office room and equipment for local agricultural supervisor.—The office room and equipment for the local agricultural supervisor shall be provided by the municipality or municipalities or municipal district or municipal districts concerned."SEC. 1813-G. Adequate stock of improved seeds, chemicals, implements, and other agricultural supplies.—Each local agricultural supervisor shall have in his charge an adequate supply of improved seeds, chemicals, implements, and other supplies intended for the eradication of weeds, diseases, insects, and other pests injurious to cultivated plants. Articles from this stock may be sold at cost plus such reasonable surcharge as may be necessary to cover the cost of preparation and losses in transit or due to deterioration and other causes. The standing value of said stock shall not exceed two hundred and fifty pesos. The sale of said articles shall cease upon the establishment in the locality of any business enterprise engaged in the sale of agricultural supplies, in which case such stock shall be used exclusively for free public service. "SEC. 1813-H. Agricultural fund—How created.—Each municipality or municipal district shall annually set aside a sum of not less than five per centum of its general fund, and each provincial board shall set aside from its general fund a like sum which, together with the sums set aside by the municipalities and municipal districts under its jurisdiction, shall constitute a special fund to be known as 'agricultural fund.'"SEC. 1813-I. Use to be made of agricultural fund.—The agricultural fund so created shall be deposited with the provincial treasurer and shall be used only to pay the salaries and office and traveling expenses of the provincial agricultural supervisors, their subordinate personnel, and the local agricultural supervisors of the province, and the traveling expenses necessarily incurred by the same when proceeding from their place of residence to the place to which they were assigned upon being appointed, and for the purchase of improved seeds, chemicals, implements, and other supplies for the promotion and protection of agriculture to be issued to the municipalities and municipal districts concerned, and other incidental expenses in carrying out the purposes of this article.“Provincial boards are hereby authorized to accumulate from year to year any unexpended balances in the agricultural fund existing at the close of each fiscal year, for the purposes of establishing agricultural schools or making other permanent improvements intended for the promotion of agriculture in the province."SEC 1813-J. Salaries of provincial agricultural supervisors, their subordinates, and local agricultural supervisors.—The provincial boards, on recommendation of the Director of Plant Industry, approved by the Secretary of Agriculture and Commerce, shall fix the salaries of the provincial agricultural supervisors and their subordinates, and the salaries of the local agricultural supervisors. The salaries of the provincial agricultural supervisors shall not be less than twelve hundred pesos nor more than three thousand six hundred pesos per annum."SEC. 1813-K. Substitute local agricultural supervisor.—In case of illness or authorized leave, a local agricultural supervisor may, subject to the approval of the provincial agricultural supervisor, agree with another local agricultural supervisor to take his place, such service to be rendered without additional salary. In this case, the substitute agricultural supervisor shall be entitled to the traveling expenses and per diems that would accrue to the regular incumbent of the office. In case a local agricultural supervisor declines to render such service, the provincial agricultural supervisor shall designate therefor any local agricultural supervisor he may see fit."SEC. 1818-L. Regulations.—The Director of Plant Industry, with the approval of the Secretary of Agriculture and Commerce, shall promulgate such regulations as may be necessary to carry out the purposes of this article."

SEC. 2. This Act shall take effect on its approval.Approved, October 26, 1936.

Source: Supreme Court E-Library