HOUSE OF REPRESENTATIVES
RECEIVED
pave:_12 JUL 2018

SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES. )
First Regular Session )

HOUSE OF REPRESENTATIVE:
H.No. 4423

Introduced by Representative Raul C. Tupas

EXPLANATORY NOTE

AN ACT INSTITUTING THE FREE NUTRI-MEALS PROGRAM IN PUBLIC
ELEMENTARY AND SECONDARY SCHOOLS, PROVIDING MECHANISMS FOR
ITS IMPLEMENTATION, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

The Sustainable Development Goals (SDGs) aim to end all forms of hunger
and malnutrition by 2030, making sure all people — especially children and the more
vulnerable — have access to sufficient and nutritious food all year round.

According to the Food and Agriculture Organization, due to the lack of
nourishing food sources and nutrition education, hunger and malnutrition are still
dominant in the Philippines. Protein deficiency is one of the leading malnutrition
problems in the Philippines. Over three million children suffer from protein deficiency,
which causes these children to be severely underweight and suffer from stunted
growth.2

Based on the Global Hunger Index, the Philippines faces a "serious" level of
hunger in 2015. The GHI is a tool made to "comprehensively measure and track
hunger.” As a country scores higher in the index, the level of the hunger problem also
increases.$

The Philippines' detailed components show that stunting is still the most
prevalent problem among children:4

Component Latest Philippine Data

* http:/borgenproject.org/fighting-mainutrition-philippines/

Ibid.
* http://www.rappler.com/move-ph/issues/hunger/110803-global-hunger-index-2015-philippines-serious
“bid,


Proportion of undernourished in 13.5%
population

Prevalence of wasting in children 7.9%
under 5 years old

Prevalence of stunting in children 30.3%
under 5 years old

Under 5 mortality rate 3%

It is the rationale of this bill for the government to take a concerted efforts to
institutionalize a Free Nutri-Meals Program for children in all public elementary and
secondary schools to tackle the problem of hunger and malnutrition. Through this
initiative marked improvement in the attendance, nutrition, health, and academic
performances of school children in public elementary and secondary schools can be
realized

It is the full intent of this legislation to empower the National Nutrition Council to
be in the forefront in fighting malnutrition and establish the Nutri-Meal Fund

In viewing of the foregoing, the passage of this measure is earnestly sought.

aS
RAUL C. TUPAS


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SEVENTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.No. 1498,

Introduced by Representative Raul C. Tupas

EXPLANATORY NOTE

AN ACT INSTITUTING THE FRE NUTRIF-MEALS PROGRAM IN PUBLIC
ELEMENTARY AND SECONDARY SCHOOLS, PROVIDING MECHANISMS FOR
ITS IMPLEMENTATION, APPROPRIATING FUNDS THEREFOR, 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 “Free Nutri-Meals Program of
2016".

SECTION 2. Declaration of Policy. - It is the declared policy of the State to::

a, Protect and promote the right to health of the people and instil health
consciousness among them;

b. End-hunger, achieve food security, and improve nutrition;

c. Institutionalize a concerted and focused approach to address the incidence of
malnutrition and hunger among school children;

SECTION 3. Free Nutri-Meals Program for Filipino Children in Public Elementary
and Secondary Schools. —To improve the attendance, nutrition, health, and
academic performances of school children in public elementary and secondary
schools, the Free Nutri-Meals for Filipino Children in Public Elementary and
Secondary Schools Program is hereby institutionalized.

The program is a nutrition-driven initiative that will provide free nutri-meals for school
children enrolled in public elementary and secondary schools.

The nutri-meals shall be served during lunchtime break of the class for five (5) days a
week and to complete the duration of one hundred (100) feeding days.


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SECTION 4. Program Phase - The Program shall be implemented in two phases
following a 5-year full implementation phase.

The first phase which will be implemented in the first two years shall be initially
implemented in all public elementary schools including kindergarten centers
(Kindergarten to Grade VI, following the K-12 Policy).

The second phase shall commence on the third year after the enactment of this Act,
and shall cover all public elementary schools including kindergarten. centers
(Kindergarden to Grade VI) and secondary schools (including the Junior and Senior
High School levels following the K-12 Policy).

Provided, that schools located in the following areas shall be accorded prioritization in
the implementation of this Act:

@. those where severe malnutrition or where ‘severely wasted” pupils as defined
by existing government guidelines are reported;

b. those located in areas of armed conflict; and
c. those located in highly congested areas.

SECTION 5. Role of the National Nutrition Council. -The National Nutrition Council
(NNC) shall establish a Nutrition Framework for implementation of the program. The
Nutrition Framework, among others, will serve as blueprint containing the
implementation mechanisms; integrated package of nutrition services;
institutionalization of a system of qualification; development of a data base of
information, knowledge and best practices for nutrition programs; food and health
aspects of school-based implementation; monitoring progress report on children;
participation of communities and civil society and private-public sector partnership.

SECTION 6. Integrated Nutrition Education and Social Preparation. - The Free
Nutri-Meals Program shall be complemented by information, education, and
communication campaigns, which aims to promote a holistic and integrated approach
to health and nutrition education of schoolchildren. For this purpose, relevant and
user-friendly nutrition information and education materials shall be developed and
distributed in the public school. Orientation-training shall be held among DepEd health
and nutrition unit personnel at the regional and division levels, concerned local
government representatives, and the parent-teacher association (PTAs), in order to
orient then on the Program's objectives and mechanics and generate support for the
Program.

SECTION 7. Periodic Health Examination. - A simultaneous health examination
including relevant vaccination and de-worming of all school children shall be
undertaken before the start of the feeding program, and shall be conducted by either
the respective local Health Officers or Barangay Health Workers (BHW). Children
found with ailments shall be given proper treatment and referred to hospitals.


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Class advisers shall note the baseline record and progress of each pupil for the entire
duration of the implementation of this program. The respective Principals shall submit
@ quarterly progress to the report to the Division Superintendent. The Division
Superintendent shall submit the consolidated reports to the NNC.

SECTION 8. Role of the Department of Education (DepEd) -The Department of
Education shall be responsible for institutionalizing the standard free nutri-meals
program in the public education system, which will:

a. Provide free nutri-meals to all schoolchildren enroled in public elementary and
high schools;

b. Ensure that the standard nutri-meals meet the required nutritional level for
schoolchildren, as set by the NNC and DOH;

c. Institute @ system of effective sourcing, procurement and ‘delivery of the
required raw materials and other necessary inputs for the preparation of the
nutri-meals.

SECTION 8. Role of the Department of Social Welfare and Development (DSWD).
The DSWD shall identify the priority areas, in the provinces, cities and municipalities
where malnutrition rates are most severe, based on the results of the National Home
Targeting System (NHTS). The DSWD shall converge the free nutri-meals program
with the schoolchildren beneficiaries of the Conditional Cash Transfer (CCT) program.

SECTION 9. Role of the Department of Agriculture (DA). -The Department of
Agriculture (DA) shall identify and accredit farmers, farmers’ organization or farmer's
cooperative, who can supply good quality poultry products, fresh fruits, grains,
vegetables and other healthy food ingredients.

The DA, as far as practicable, shall accredit the farmers and farmers’ cooperatives
and organizations from the locality where the feeding program is to be administered.
‘The accreditation shall be based on a transparent and fair selection system, which the
Department of Agriculture shall design, promulgate and implement. The DA shall
provide technical assistance in cost-effective vegetable and rice farming within the
school premises, whenever applicable. The Bureau of Fisheries and Aquatic
Resources (BFAR) shall provide technical assistance in the development of cost-
effective ways of raising fish resources that are available in the locality.

SECTION 10. Role of the Department of Health (DOH). In addition to Section 7,
the DOH shall identify the fruits, vegetables, and other healthy foods which are
appropriate. for the free nutri-meals program in the specified locality and shall
recommend these to the DA for purchasing. The DOH shall activate Barangay Health
Workers (BHWs) and provide technical assistance in the training on the proper and
healthy preparation, cooking, and other healthy practices in relation fo the feeding
programs.


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SECTION 11. Role of the Department of the Interior and Local Government
(DILG). ~The DILG shall implement an effective monitoring system that will be
implemented through the Barangay Nutrition Scholars (BNS), and shall institutionalize
a fair and progressive system of compensation and incentives for the BNS, which shall
likewise be sourced from the funding of the national feeding program in the public
education system. The DILG shall issue memorandum circulars which will
institutionalize a subsidized funding scheme for the 5" and 6" class municipalities and
a national-local counter parting scheme for 3° and 4t*class municipalities,

SECTION 12. Private Sector Participation. Private sector partnership is encouraged
in this Act. The private entity can in the form of their Corporate Social Responsibility
donate or adopt a school as recipient of the Free Nutri-Meals Program in cooperation
with the concerned agencies identified in this Act or directly organized and
coordinated with the DepEd.

For purposes of this provision, the NNC in coordination with the Department of
Finance and other relevant government agencies may provide guidelines in a system
of incentives including but not limited to creditable expenses in income tax, or discount
in business permits registration or other assistance.

SECTION 13. Creation of the Nutri-Meal Fund. - There is hereby created the Nutri-
Meal Fund, the proceeds of which shall be raised from the following sources:

a. Special PCSO lotto draws. At least one special PCSO lotto draw per year shall
be conducted by the Philippine Charity Sweepstakes Office (PCSO); the 30%
of Net Receipts (minus operating and other expenses) usually set aside as
contribution to the charity fund shall be set aside for the Nutri-Meal Fund;

b. PAGCOR. One percent (1%) of Philippine Amusement and Gaming
Corporation (PAGCOR)'s net income per year shall be set aside for the Nutri-
Meal Fund; and

c. Collection from Sin Taxes. One percent (1%) of tax collected from’ sin taxes
allotted to health programs shall be set aside for the Nutri-Meal Fund.

SECTION 14. Management of the Nutri-Meal Fund.- The Nutri-Meal Fund shall be
managed by the NNC.

All expenditures, disbursement of funds and other activities made under the program
Shall be subject to existing government auditing and accounting rules and regulations.

SECTION 15. implementing Rules and Regulations. - The NNC shall serve as the
lead implementing agency of the program. In consultation with the Department of
Health (DOH), Department of Education (DepEd), Department of Social Welfare and
Development (DSWD), Department of Agriculture (DA), and Department of interior
and Local Government (DILG), it shall, within ninety (90) days from the effectivity of
this Act, formulate and promulgate the rules and regulations which shall guide the
program's implementation and carry out the provisions of this Act.


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SECTION 16. Separability Clause. -if any reason, any provision of this Act or any
part thereof shall be held unconstitutional and invalid, the other parts of provision of
this Act, which are not affected thereby, shall remain in full force and effect.

SECTION 17.-Repealing Clause. -All laws decrees, resolutions, orders or ordinances
or parts thereof inconsistent with this Act, are hereby repealed, amended or modified
accordingly.

SECTION 18. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspaper of general
Circulation.

Approved,