S. NO. 1165 H. NO. 35045 / 88 OG No. 19, 2788 (May 11, 1992) ; 2 VLD 433 2d ; Malaya 4/6/92

[ REPUBLIC ACT NO. 7307, March 27, 1992 ]

AN ACT CREATING THE PHILIPPINE CARABAO CENTER TO PROPAGATE AND PROMOTE THE PHILIPPINE CARABAO AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as the "Philippine Carabao Act of 1992".

SEC. 2. Declaration of Policy. - The Constitution provides that the State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. It also provides that the State shall support indigenous, appropriate, and self-reliant scientific and technological capabilities, and their application to the country's productive systems and national life. Towards this end, the State shall establish various programs to conserve, propagate and promote the Philippine carabao as a source of draft animal power, meat, milk and hide.

SEC. 3. Definition of Terms. - As used in this Act, the following terms shall mean:

"Philippine Carabao Center" refers to the National Carabao Center at the University of the Philippines at Los Baños, the other carabao centers in Luzon, Visayas and Mindanao, and those that will be created pursuant to this Act;

"Draft animal power" refers to power provided by the carabao as a farm animal;

"Smallholder farmer" refers to a farmer owning or cultivating five (5) hectares or less of farmland;

"Semi-Commercial Production" refers to the raising of twenty (20) to forty-nine (49) carabaos.

SEC. 4. Creation of the Philippine Carabao Center. - There is hereby created a Philippine Carabao Center, hereinafter referred to as the PCC which shall be under the supervision and control of the Department of Agriculture.

SEC. 5. Powers and Functions of the PCC. - The PCC shall have the following powers and functions:

1. Conserve, propagate and promote the Philippine carabao as a source of draft animal power, meat, milk and hide;
2. Enable the farmers, particularly smallholder farmers and CARP beneficiaries to avail themselves of good quality carabao stocks at all times and at reasonable prices through an organized program of production, breeding, training and dispersal;
3. Undertake training programs for farmers, particularly smallholder farmers and CARP beneficiaries, designed to transfer technology on the proper care and reproduction of the carabao and the processing of its meat and milk;
4. Encourage backyard dairy development in rural areas by raising carabaos so as to meet the nutritional needs of the smallholder farmers and their families and reduce dependence on imported milk by-products;
5. Undertake research activities in all disciplines that lead to the improvements of the over-all productivity of the Philippine carabao;
6. Increase the existing annual population growth of the Philippine carabao to keep pace with human population growth; and
7. Enter into memoranda of agreement and receive donations through the Department of Agriculture from local and foreign sources. Upon the recommendation of the PCC Advisory Board, the individual carabao centers may enter into agreements directly with funding agencies through their respective board regents or head of agency.

SEC. 6. Priorities. - The PCC shall give priority to the following activities:

1. Increase in carabao population and productivity;
2. Development of feeding systems for backyard and semi-commercial production, improving reproductive efficiency, physiology and schemes to reduce losses caused by parasites and diseases;
3. Reproduction, breeding, nutrition and animal health;
4. Socioeconomic researches to ensure economic viability and acceptance of technology by farmers; and
5. Development of appropriate technologies that are cost-effective, simple and practical.

At least thirty (30) to fifty (50) percent of the carabaos maintained/propagated by each carabao center shall be of the pure native/indigenous stock to ensure the preservation of the Philippine carabao and provide option to the farmers.

SEC. 7. PCC Advisory Board. - The PCC Advisory Board shall be composed of the following:

1. Secretary of the Department of Agriculture or his representative, as Chairman;
2. Undersecretary for Regional Operations, Department of Agriculture, as Vice Chairman;
3. Executive Director, Philippine Council for Agriculture, Forestry and Natural Resources, Research and Development (PCARRD);
4. Chancellor of the University of the Philippines in Los Baños (UPLB) and presidents of Central Luzon State University (CLSU), Central Mindanao University (CMU), Cagayan State University (CSU), Don Mariano Marcos Memorial State University (DMMMSU) in La Union, Visayas State College of Agriculture (VISCA), West Visayas State University in Iloilo, University of Southern Mindanao (USM), and the president of the state college or university where a carabao center may be established pursuant to this Act;
5. Director of the Bureau of Animal Industry;
6. Executive Director of PCC; and
7. Farmers' representative to be appointed by the Board.

SEC. 8. Functions of the PCC Advisory Board. - The PCC Advisory Board shall perform the following functions:

1. Formulate policies, programs and projects for the development of the Philippine carabao;
2. Review and recommend the annual budget of the PCC;
3. Evaluate the implementation, efficiency and effectiveness of the programs and projects of the PCC; and
4. Recommend the establishment or abolition of carabao centers as may be deemed necessary.

SEC. 9. Executive Director of PCC. - The Executive Director of the PCC shall be appointed by the Secretary of the Department of Agriculture.

The Executive Director of the PCC shall perform the following functions:

1. Oversee the implementation of the policies, programs and projects of the PCC;
2. Assist the PCC Advisory Board in the review, evaluation and monitoring of the Carabao Program; and
3. Perform such other functions as may be assigned by the PCC Advisory Board.

SEC. 10. Appointment of Directors or Project Leaders of Other Carabao Centers. - The Directors or Project Leaders of the carabao centers shall be appointed by the respective board of regents or head of agency.

SEC. 11. Functions of the Directors or Project Leaders of Other Carabao Centers. - Subject to the policies of the PCC, the Directors or Project Leaders of other carabao centers shall perform the following functions:

1. Administer the policies, programs and projects of the PCC in their respective centers;
2. Recommend the creation of divisions and sections including the staffing pattern of the centers;
3. Prepare the budget of their centers;
4. Approve the expenditures of their respective budgets;
5. Recommend to their respective head of agency the appointment of personnel or consultants;
6. Recommend policies, programs and projects to the Executive Director of the PCC; and
7. Perform such other functions as may be assigned by the Executive Director of the PCC.

SEC. 12. Implementation and Coordination of the Program. -The PCC Advisory Board through the Executive Director shall coordinate, monitor and evaluate the implementation of the carabao program.

It shall identify, through the Directors of carabao centers and Project Leaders from the various implementing stations, the programs and projects in the areas of reproduction, breeding, distribution, nutrition, animal health, and processing of carabao meat and milk. It shall formulate strategies relative to the reproduction and distribution of the Philippine carabao.

Luzon, Visayas and Mindanao shall initially have a total of thirteen (13) carabao centers. The centers in Luzon shall be located at U.P. Los Baños (UPLB) in Laguna; Central Luzon State University (CLSU) in Nueva Ecija; Cagayan State University (CSU) in Cagayan; Don Mariano Marcos Memorial State University (DMMMSU) in Ilocos Norte; and Don Mariano Marcos Memorial State University (DMMMSU), in La Union. The centers in Visayas shall be at La Carlota Stock Farm in Negros Occidental; Ubay Stock Farm in Bohol; Visayas State College of Agriculture (VISCA) in Leyte; and West Visayas State University in Iloilo. The centers in Mindanao shall be at Central Mindanao University (CMU) in Bukidnon; University of Southern Mindanao (USM) in Cotabao; Mindanao State University in Marawi City and Mindanao Livestock Development Complex in Kalawit, Labason, Zamboanga del Norte. These centers shall specialize in the development of technology on reproduction, breeding, nutrition, animal health and processing of meat and milk.

SEC. 13. Farmer's Participation. - The farmer-participants shall be encouraged to establish strong farmers' associations or cooperatives to serve as focal point for government assistance in the propagation and dispersal of Philippine carabaos and the dissemination of technology on the carabao.

SEC. 14. Beneficiaries. - The beneficiaries of the CARP and those under Presidential Decree No. 27, and other smallholder farmers shall be given priority in the carabao dispersal program.

SEC. 15. Participation of the Department of Agriculture and Local Government Units. - The carabao centers, the regional and provincial offices of the Department of Agriculture, specifically the Bureau of Animal Industry, and the local government units shall implement a carabao dispersal and propagation program within their respective areas in accordance with the national policy and program of the PCC. The PCC shall adopt a national dispersal program to primarily benefit the smallholder farmers and CARP beneficiaries.

Any income from the sale of the carabao shall be placed in a revolving fund to be used in the propagation and distribution of carabaos.

SEC. 16. Use of Funds. - Not more than thirty percent (30%) of funds allocated under this Act and in subsequent annual appropriations shall be used for personal services, and maintenance and operating expenses, ten percent (10%) for research and development, sixty percent (60%) for carabao dispersal and distribution.

SEC. 17. Annual Report. - The PCC shall submit an annual report to the Office of the President, the Senate, and the House of Representatives indicating among others the number of carabaos distributed and the names of the beneficiaries.

SEC. 18. Transfer of Carabao Programs to the PCC. - Upon approval of this Act, the existing carabao programs and projects implemented by various agencies shall be transferred to the PCC.

SEC. 19. Appropriation. - The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter.

SEC. 20. Separability Clause. - If any part, section, or provision of this Act shall be held invalid or unconstitutional, the rest of the provisions shall not be affected thereby.

SEC. 21. Repealing Clause. - All laws, executive orders, rules and regulations, or part thereof which are inconsistent with this Act are hereby repealed or modified accordingly: Provided; however, That nothing in this Act shall amend, modify or repeal the provisions of Republic Act No. 7160, otherwise known as the Local Government Code.

SEC. 22. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,

This bills which is a consolidation of Senate Bill No. 1165 and House Bill No. 35045 was finally passed by the Senate and the House of Representatives on February 3, 1992, and February 4, 1992, respectively.

Approved: March 27, 1992

(Sgd.) CORAZON C. AQUINO
President of the Philippines

Source: Supreme Court E-Library