Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

1728

HOUSE BILL No.

Introduced by HON. RUTH MARIANO-HERNANDEZ

AN ACT
PROVIDING FOR THE MANDATORY APPOINTMENT OF A NUTRITION OFFICER IN
ALL PROVINCES, CITIES AND MUNICIPALITIES IN THE COUNTRY, AMENDING FOR
‘THE PURPOSE REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS
THE LOCAL GOVERNMENT CODE OF 1991

| EXPLANATORY NOTE
In its key findings, the World Bank-sponsored International Development in Focus
publication on Undernutrition in the Philippines: Scale, Scope, and Opportunities for
Nutrition Policy and Programming? published on June 15, 2021 has among others,

stated the following:

> Undernutrition is, and has always been, a serious problem in the Philippines;
|

> For nearly thirty years, there have been almost no improvements in the
prevalence of undernutrition in the Philippines. One in three children (29%)
younger than five years old suffered from stunting (2019), being small in size for
their age;

> The country is ranked fifth among countries in the East Asia and Pacific region
with the highest prevalence of stunting and is among the 10 countries in the
world with the highest number of stunted children;

thi V. N., Gabriel Demombynes, Sharon Faye A. Piza, and Ann Jillian V. Adona, Undernutrition
inthe es: Scale, Scope, and Opportunities for Nutrition Policy and Programming. International
Development in Focus. Washington, DC: World Bank. doi:10,1596/978-1-4648-1701-4. License: Creative

‘Commons Attribution CC BY 3.0 IGO htt: k.org/en/e pines/p
undernutrition-in-th ippine

* Mbuya, Nkosi



> There are regions with levels of stunting that exceed 40 percent of the
population. In Bangsamoro Autonomous Region in Muslim Mindanao 45 percent
of children below five are stunted. In MIMAROPA its 41 percent. In the Bicol,
Western Visayas and south-central Mindanao (SOCCKSARGEN) Regions it is 40
percent;

> Micronutrient undernutrition is also highly prevalent in the Philippines: 38
percent among infants six to 11 months old; 26 percent among children 12-23
manths; and 20 percent of pregnant women are anemic, Nearly 17 percent of
children aged 6-59 months suffered from vitamin A deficiency (2018), of which
children aged 12-24 months had the highest prevalence (22 percent) followed
by children aged six to 12 months (18 percent);

> The persistence of very high levels of childhood undernutrition, despite decades
of économic growth and poverty reduction, could lead to a staggering loss of the
countrys human and economic potential. A Filipino child with optimal nutrition
will have greater cognitive development, stay in school longer, learn more in
school, and have a brighter future as an adult, while undernutrition robs other
children of their chance to succeed;

> The burden on the Philippine economy brought by childhood undernutrition was
estimated at US$44 billion, or 1.5% of the country’s GDP, in 2015;

> The Impact of COVID-19 on hunger and undernutrition has made it even more
urgent for the Government of the Philippines to scale up its efforts to tackle
undernutrition;

> Hunger in the Philippines rose sharply following the start of the pandemic. Social
Weather Stations (SWS) surveys show that in September 2020, after seven
manths of community quarantine, 31 percent of families reported experiencing
hunger in the past 30 days, and 9 percent were suffering severe hunger—in both
cases, the highest levels recorded in more than 20 years;

> The key determinants of undernutrition are multisectoral. At the immediate
level, a child becomes undernourished because of inadequate or inappropriate

fogd, health, and care; and,

> Atthe basic level, poverty is one of the most important causes of undernutrition:
42,4 percent of children from households in the poorest income quintile are
stunted. Governance structures also pose significant challenges for the country’s
efforts to combat undernutrition.

While we do not lack good nutrition laws, the challenge is in the implementation. Local
government units are key to implementing such laws. Local government units (LGUs)
have insufficient funding and lack full-time nutrition and health staff.

|
Republic |Act No. 7160, or the Local Government Code of 1991, provides a list of
appointive officials common to LGUs. However, it does not explicitly include the



appointment of a nutrition officer to take charge of nutrition services and programs
of the government.

The other, prevailing laws that provide for nutrition program officials and personnel
are Presidential Decree (PD) 491 (1974) that created the National Nutrition Council
(NNC), Letter of Instruction 441 (1976) that is the basis of the Department of the
Interior and Local Government (DILG) to establish functioning nutrition committees
at different administrative levels (barangay, municipality, city, province, and region),

and PD 1!

69 (1978) that strengthened the Barangay Nutrition Program by providing

a Barangay Nutrition Scholar (BNS) in every barangay.

In cogni:
nutrition
municipal
supervisi
respective

This mea:
nutrition

nce of this loophole, this bill seeks the mandatory appointment of a
officer who shall head the nutrition office in provinces, cities and
jities in the country, and focus on the planning, implementation and
n of nutrition-specific programs and policies for the benefit of their
constituents.

sure is a policy action to help address the decades-long challenge of reducing
in the country as this will also foster a strong and more coordinated

partnership for nutrition between the national and local governments.

It will a
mandatin|
ground ni

efficiently.

For the ft
earnestly,

Iso help strengthen the National Nutrition Council (NNC) by effectively
all local governments to secure adequate financing for personnel on the
jeded for existing and upcoming nutrition programs to run effectively and

|
foregoing reasons, the immediate consideration and passage of this bill is

urged.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

| NINETEENTH CONGRESS
| First Regular Session

1728

HOUSE BILL No.

| Introduced by HON. RUTH MARIANO-HERNANDEZ

AN ACT
PROVIDING FOR THE MANDATORY APPOINTMENT OF A NUTRITION OFFICER IN
ALL PROVINCES, CITIES AND MUNICIPALITIES IN THE COUNTRY, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS
THE LOCAL GOVERNMENT CODE OF 1991

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

SECTION 1. Section 443, Book III, Title Two, Chapter 2 of Republic Act No. 7160, is
hereby amended to read as follows:

pei 443. Officials of the Municipal Government, — (a) There shall be in
each municipality a municipal mayor, a municipal vice-mayor,
sangguniang bayan members, a secretary to the sangguniang bayan, a
municipal treasurer, a municipal assessor, a municipal accountant, a
municipal budget officer, a municipal planning and development
coordinator, a municipal engineer/ building official, a municipal health
officer, and a municipal civil registrar. A municipal cooperatives
development officer (CDO) shall also be appointed: Provided, That the
municipality has the option to appoint a full-fledged CDO or merge
related such position to an existing position or official in an office, unit
or department in the municipal government: Provided, further, That if
the municipality shall appoint a full-fledged CDO, the municipality has
the option to set the rank, remuneration and other emoluments of the
municipal CDO subject to existing laws, rules, and regulations.

A MUNICIPAL NUTRITION OFFICER (MNO) SHALL ALSO BE
APPOINTED: PROVIDED, THAT THE MUNICIPALITY HAS THE
OPTION TO SET THE RANK, REMUNERATION AND OTHER



EMOLUMENTS OF THE MNO SUBJECT TO EXISTING LAWS, RULES,
AND REGULATIONS.

“(b) xxx
"(xxx

“(d) xxx

"(e) xxx.

SECTION 2. Section 454, Book III, Title Three, Chapter 2 of Republic Act No. 7160, is
hereby amended to read as follows:

“SEQ. 454. Officials of the City Government. — (a) There shall be in each
city|a mayor, a vice-mayor, sangguniang panlungsod members, a
secretary to the sangguniang panlungsod, a city treasurer, a city assessor,
a city accountant, a city budget officer, a city planning and development
coordinator, a city engineer, a city health officer, a city civil registrar, a
city administrator, a city legal officer, a city veterinarian, a city social
welfare and development officer, and a city general services officer. A
city CDO shall also be appointed: Provided, That the city has the option to
appoint a full fledged CDO or merge such position to an existing position
or official in a related office, unit or department in the city government:
Provided, further, That if the city shall appoint a full fledged CDO, the city
has the option to set the rank. remuneration and other emoluments of
the city CDO subject to existing laws, rules, and regulations;

PROVIDED, THAT THE CITY HAS THE OPTION TO SET THE RANK,
REMUNERATION AND OTHER EMOLUMENTS OF THE CNO SUBJECT
TO EXISTING LAWS, RULES, AND REGULATIONS.

A i NUTRITION OFFICER (CNO) SHALL ALSO BE APPOINTED:
“(b) xxx

"(xxx

@ xxx

“(e) xxx.”

SECTION 3. Section 463, Book III, Title Four, Chapter 2 of Republic Act No. 7160, is
hereby to read as follows:

“SEC. 463, Officials of the Provincial Government. — (a) There shall be in each
province a governor, a vice-governor, members of the sangguniang panlalawigan.
a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial



assessor; a provincial accountant, a provincial engineer, a provincial budget
officer, a provincial planning and development coordinator, a provincial legal
officer, a provincial administrator, a provincial health officer, a provincial social
welfare and development officer, a provincial general services officer, a provincial
agriculturist, and a provincial veterinarian. A provincial CDO shall also be
appointed: Provided, That the province, in the appointment of a full fledged CDO
shall set the rank, remuneration and other emoluments of the provincial CDO
subject to existing laws, rules, and regulations.

A PROVINCIAL NUTRITION OFFICER (PNO) SHALL ALSO BE
APPOINTED: PROVIDED, THAT THE PROVINCE HAS THE OPTION TO
SET THE RANK, REMUNERATION AND OTHER EMOLUMENTS OF THE
PNG SUBJECT TO EXISTING LAWS, RULES, AND REGULATIONS.

™ xx
“(kxx
“(xxx

“(e) xx.”

SECTION 4. A new Article shall be inserted in Book III Title V of Republic Act No. 7160
to read as|follows:

ARTICLE XXI
THE NUTRITION OFFICER

SECTION 491. QUALIFICATIONS, POWERS AND DUTIES -

A) NO PERSON SHALL BE APPOINTED NUTRITION OFFICER UNLESS HE OR
SHE IS A CITIZEN OF THE PHILIPPINES, A RESIDENT OF THE LOCAL
GOVERNMENT UNIT CONCERNED, OF GOOD MORAL CHARACTER, AND A
REGISTERED NUTRITIONIST-DIETICIAN. HE OR SHE MUST HAVE
ACQUIRED EXPERIENCE IN THE PRACTICE OF HIS OR HER PROFESSION
FOR AT LEAST FIVE (5) YEARS IN THE CASE OF THE PROVINCIAL OR
CITY NUTRITION OFFICER, AND THREE (3) YEARS IN THE CASE OF THE
MUNICIPAL NUTRITION OFFICER.

THE APPOINTMENT OF A NUTRITION OFFICER SHALL BE MANDATORY
FOR PROVINCIAL, CITY AND MUNICIPAL GOVERNMENTS.

B) THE NUTRITION OFFICER SHALL HAVE THE FOLLOWING DUTIES AND
RESPONSIBILITIES:

1) TAKE CHARGE OF THE OFFICE ON NUTRITION SERVICES, SUPERVISE
THE PERSONNEL AND STAFF OF SAID OFFICE, FORMULATE
PROGRAM IMPLEMENTATION GUIDELINES AND RULES AND


REGULATIONS FOR THE OPERATION OF THE SAID OFFICE FOR THE
| APPROVAL OF THE GOVERNOR OR MAYOR, AS THE CASE MAY BE, IN
ORDER TO ASSIST HIM OR HER IN THE EFFICIENT AND EFFECTIVE
IMPLEMENTATION OF A NUTRITION SERVICES PROGRAM GEARED
| TO IMPLEMENTATION OF NUTRITION-RELATED PROJECTS AND
| ACTIVITIES IN COORDINATION WITH THE NATIONAL NUTRITION
COUNCIL (NNC);

2) FORMULATE MEASURES FOR THE CONSIDERATION OF THE
SANGGUNIAN AND PROVIDE TECHNICAL ASSISTANCE AND SUPPORT
TO THE GOVERNOR OR MAYOR, AS THE CASE MAY BE, IN CARRYING
OUT NUTRITION ACTIVITIES;

3) DEVELOP PLANS AND STRATEGIES AND UPON APPROVAL THEREOF
BY THE GOVERNOR OR MAYOR, AS THE CASE MAY BE, IMPLEMENT

| THE SAME, PARTICULARLY THOSE WHICH HAVE TO DO WITH
NUTRITION PROGRAMS AND PROJECTS WHICH THE GOVERNOR OR
MAYOR IS EMPOWERED TO IMPLEMENT AND WHICH THE
SANGGUNIAN IS EMPOWERED TO PROVIDE FOR UNDER THIS CODE;

IN ADDITION TO THE FOLLOWING DUTIES AND FUNCTIONS, THE
NUTRITION OFFICER SHALL :

me

| 1) FORMULATE AND IMPLEMENT POLICIES, PLANS, PROGRAMS AND
PROJECTS TO PROMOTE THE NUTRITION OF THE PEOPLE IN THE
| LOCAL GOVERNMENT UNIT CONCERNED;

| Il) ADVISE THE GOVERNOR OR MAYOR, AS THE CASE MAY BE, AND
‘THE SANGGUNIAN ON MATTERS PERTAINING TO NUTRITION;

\II) EXECUTE AND ENFORCE LAWS AND REGULATIONS RELATING TO
NUTRITION;

IV) RECOMMEND TO THE SANGGUNIAN, THROUGH THE LOCAL
HEALTH BOARD, THE ENACTMENT OF SUCH ORDINANCES AS HE
OR SHE MAY DEEM NECESSARY FOR THE DELIVERY OF
NUTRITION-RELATED SERVICES;

V) CONDUCT NUTRITION INFORMATION CAMPAIGNS; AND,

VI) IN THE CASE OF THE PROVINCIAL NUTRITION OFFICER, EXERCISE
GENERAL SUPERVISION OVER NUTRITION OFFICERS OF
COMPONENT CITIES AND MUNICIPALITIES, IN COORDINATION
WITH THE NNC.

SECTION 2. Implementing Rules and Regulations - Within ninety (90) days from the
promulgation of this Act, the Department of Interior and Local Government (DILG), in
coordination with the Civil Service Commission (CSC), shall promulgate the rules and
regulations necessary for the effective implementation of this Act.


SECTION 3. Repealing Clause - All laws, decrees, executive orders, rules and
regulations, memorandum circulars, or issuances, including Presidential Decree 491 s.
1974, Presidential Decree 1569 s. 1978 and Letter of Instruction 441 s. 1976 or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION 4. Separability Clause - If any part, section or provision of this Act shall be
held invalid or unconstitutional, the other provisions not affected thereby shall remain
in full force and effect.

SECTION 5. Effectivity Clause - This Act shall take effect fifteen (15) days after its full
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,