· 
, 
SIXTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
1455 
s. B. No. __ 
-=-
Introduced by SENATOR CYNTHIA VILLAR 
EXPLANATORY NOTE 
;ii/tilth.' 
<eH.;.,.1 HIe j.",rt .. ~ 
'13 
SEP -2 
1'111 :14 
In the last three years, the national government expenditure for social services 
has gone up by an annu<ll average of 19.2 percent. The share of social services to the 
total budget has also increased, from 28.2 percent in 2010 to 34.8 percent in 2013. 
This is mainly due to the increase in the funding for social security welfare and 
employment, particularly the Pantawid Pamilyang Pilipino program (4Ps). 
In 2013 
alone, the budget for social services is nearly PhP700 billion. While the budgets for 
health and education also saw a substantial increase, they are still well below 
international standards. 
The United Nations Educational, Scientific, and Cultural Organization (UNESCO) 
provides a benchmark figure of around 6 percent of GNP for education spending, 
whereas the World Health Organization (WHO) recommends 5 percent of GDP for 
health spending. 
National government spending for education was only 2.4 percent of the GNP in 
2012 while spending for healthcare was merely 0.5 percent of the GDP. Indeed, the 
field of development economics argue that investments in human capital formation is a 
necessary ingredient of sustainable economic development. Undoubtedly, it is the 
means that will shape the quality of the next generation of Filipinos. Missing the 
opportunity to prioritize this does not bode well for the country's future. 
A good indicator of the government's under-investment in human capital 
formation is malnutrition which has long been a perrenial problem in the country. 
Certainly, this demonstrates the quality and state of delivery of public services in the 
country and the magnitude of the poverty situation. 
According to the 2011 Nutritional, Status of Filipino Children conducted by the 
Food Nutrition and Research Institute (FNRI), 20 percent of children zero to five years 
old are underweight. Meanwhile, 33 percent of this age group are stunted, and 
about two percent are overweight. There is no significant difference whether the 
household head is a man or a woman. In absolute terms, data according to the UN 
Report on the State of Food Insecurity in the World 2012, six (6) million Filipino children 
are malnourished. 
A mother's health is directly linked to a child's nutritional status. Moreover, 
children of teen-age mothers are among the most at risk. About 25.4 percent of 
, 'i l .. ': ;::" 
, ~I, ~i If!: 


malnourished children are those whose mothers are teen-agers, according to the FNRI. 
Thus, any program on malnutrition must cover women of reproductive age, pregnant 
women and. lactating mothers. Among pregnant women, the FNRI estimates that 25 
percent are nutritionally at risk potentially leading to low birthweight, neo-natal and infant 
deaths. The FNRI also finds that a total of 15.9 percent Filipino children ages 0-3 years 
old were born with low birthweight. Among lactating mothers, 11.9 percent are 
underweight while 17.7% are overweight. 
The 1987 Constitution enshrines the right to health. Specifically, in Section 15, 
Article 2, it emphasizes that "The State shall protect and promote the right to health of 
the people and instill health consciousness among them." Moreover, the country is 
signatory to various international conventions and agreements that highlight a rights-
based approach to health and nutrition. In support of this international legal framework, 
Congress has recently passed two landmark laws that stand to make a big difference in 
responding to maternal health and child nutrition: The Magna Carta of Women (R.A. 
9710) and the Responsible Parenthood and Reproductive Health Act (R.A.1035). The 
Philippine Development Plan 2011 to 2016 aims to prioritize population groups and 
areas highly affected by or at risk of malnutrition, specifically pregnant women, infants, 
children Ho 2 years old, underweight children 0 to 5 years old, and local government 
units with high levels of child undernutrition or at risk of undernutrition. These are 
certainly steps in the right direction that could both complement and support existing 
govemment programs. 
The country's current quest for inclusive growth will not be realized unless 
malnutrition is sustainably addressed. The FNRI emphasizes that the first 1,000 days of 
a child's life from womb to 2 years old is crucial in preventing malnutrition. Otherwise, 
the child's health and educational outcomes will forever be compromised. What this 
means is a generation of Filipinos unable to contribute to the country's competitiveness 
in the local and global labor markets. Undoubtedly, the situation is urgent and calls for a 
comprehensive policy that will seek to sustainably address program, budgetary and 
policy gaps, and complement earlier initiatives. 
A rights-based and multi-sectoral approach to maternal health and nutrition is 
recommended, given the international and national policy framework discussed above. 
Such an approach will seek to expand the current DOH program on maternal health and 
nutrition, equip local government units to scaleup their programs, enhance the role of 
the National Nutrition Council, empower women to make informed decisions on their 
sexual and reproductive rights, protection from violence, adequate, safe and gender 
sensitive maternal health services, and provide the wherewithal to key stakeholders to 
ensure they can implement and attain the goal of a malnutrition-free Philippines, among 
others. 
In view of the foregoing, the immediate approval of this Act is earnestly sought. 


SIXTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
S. B. No. 1455 
Introduced by SENATOR CYNTHIA VILLAR 
i>l.nlatl.' 
(3H,~. ,,( tI!.<~""t .. , 
'13 
SEP -2 All :14 
IUX'EIVEr> By:-t- ' 
AN ACT PROVIDING FOR A COMPREHENSIVE MALNUTRITION PROGRAM 
AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Tit/e. - This Act shall be known as "The Malnutrition-Free Act of 
2 
2013". 
3 
4 
SEC. 2. Dec/aration of Polif:y. -
The right to health is a fundamental principle 
,.' 
,J 
5 
guaranteed by the State. Section 15, Article 2, the 1987 Constitution emphasizes that 
6 
"The State shall protect and promote the right to health of the people and instill health 
7 
consciousness among them." Moreover, pursuant to various international human rights 
8 
instruments and agreements that the State adheres to, the State guarantees the right to 
9 
adequate food, care and nutrition to children, specifically those from zero to five-year 
10 
olds. The advancement and protection of the right of men and women to access all 
11 
information necessary to make informed choice on the proper care, nutrition and food 
12 
choices for their children and family shall be central to the efforts of the State to 
13 
comprehensively and sustainably address malnutrition. 
14 
15 
The State likewise declares its determination to eliminate hunger and to reduce all 
16 
forms of malnutrition; that, hunger and m;alnutrition are unacceptable. The State further" 
17 
maintains that nutrition is both an end-goal and a means to achieve sustained 
18 
development. It is a multi-faceted issue requiring the commited inputs from all sectors. 
19 
As such, nutrition shall be a priority of the government to be implemented by all its 
20 
branches in collaboration with non-government organizations and the private sector in 
21 
an integrated manner. 
22 
23 
The State furthermore allocates its resources in sustainable manner thereby 
24 
eradicating malnutrition of women of reproductive age, pregnant women, and children 
25 
from 0 to 24 months only. 
26 
27 
The State finally refocuses the intervention program on malnutrition to the first 
28 
1,000 days of a child's life cycle, covering the nine months in the womb and 0 to 24 
29 
months of hislher life is crucial in preventing malnutrition. 
1 


30 
SEC. 3. Objectives. - This Act specifically aims to: 
31 
32 
(a) 
Provide a more comprehensive, sustainable and multisectoral approach to 
33 
address malnutrition; 
34 
35 
(b) 
Provide a policy environment conducive to nutrition improvement; 
36 
37 
(c) 
Provide mechanisms, strategies and approaches in implementing 
38 
programs and projects to Improve nutritional status and to eradicate malnutritionand 
39 
hunger; 
40 
41 
(d) 
Strengthen the National Nutrition Council (NNC) as the policy-making 
42 
body on nutrition; and 
43 
44 
(e) 
Ensure the meaningful and 
active participation, partnership and 
45 
cooperation of NNC-member I;Igencies, other National Government Agencies (NGAs),_ 
46 
Local Government Units (LGUs), Non-Government Organizations (NGOs), and the 
47 
private sector in an integrated and holistic manner for the promotion of the nutritional 
48 
well-being of the population. 
49 
50 
SEC. 4. 
Comprehensive Anti-Malnutrition Program. -
There shall be a 
51 
comprehensive and sustainable program to address malnutrition in the country to be 
52 
formulated by the National Nutrition Council, in cooperation with other government 
53 
agencies, local government units, the private sector, relevant civil society organizations 
54 
and industry, within three (3) months from the effectivity of this Act. 
55 
56 
SEC. 5. Coverage and Phases of the Program. -This Act covers all Filipinos 
57 
who are nutritionally at risk, with specific focus on wornen of reproductive age, pregrant 
58 
women, lactating mothers, particularly teen-age mothers, and all Filipino children ages 
59 - zero to two (2) years old that reside in nutritionally-poor areas identified by the Food and 
60 
Nutrition Research Institute (FNRI). 
61 
62 
The Comprehensive Anti-Malnutrition Program, hereinafter cited as CAMP, shall 
63 
be implemented in two phases. The first phase which will be implemented in the first 
64 
three years of the program, will cover areas identified by the FNRI as having the most 
65 
number of nutritionally at risk populations. The second phase, which will be 
66 
implemented in the succeeding three years of the program shall be implemented in the 
67 
fourth to sixth class municipalities in the country. 
68 
69 
SEC. 6. Types and Definition of Malnutrition. -
The following types of 
70 
malnutrition are hereby defined: 
71 
72 
a) 
Low birth weight refers to weight at birth of less than 2500 grams or 5.5 
73 
pounds; 
74 
75 
b) 
Underweight refers to low weight-for-age which is less than negative two (2) 
76 
standard deviations (SD) of the WHO Child Growth Standard median; 
2 


, . 
77 
C) 
Stunting refers to low height-for-age which is less than negative 2 standard 
78 
deviations (SO) of the WHO Child Growth Standard median. An indicator of 
79 
long standing or chronic malnutrition; 
80 
81 
d) 
Wasting -
refers to low weight-for-height which is less than negative 2 
82 
standard deviations (SO) of the WHO Child Growth Standard median; 
83 
84 
e) 
Overweight - refers to weight above normal for height, which is greater than 
85 
positive 2 standard deviations (SO) of the WHO Child Growth Standard 
86 
median. 
87 
88 
SEC. 7. Target. -
The CAMP shall target to reduce the prevalence rate of 
89 
underweight children from 0 to 5 years of age by 10 percent from 2011 to 2018 or a total 
90 
of five (5) years. 
91 
92 
For purposes of this Act, the first phase of CAMP shall endeavor to decrease the 
93 
prevalence rate of underweight children from 0 to 5 years old from 20.2 percent in 2011 
94 
to 13.6 percent in 2015, consistent with the target indicated in the Philippine 
95 
Development Plan 2011-2016. 
96 
97 
By the second phase, covering 2016 to 2018, the prevalence rate of underweight 
98 
Filipino children from 0 to 5 years old shall be 10 percent. 
99 
100 
SEC. 8. Shared Responsibility. -
Couples must share responsibility in providing 
101 
care, health, and nutrition to children, according to their religious and cultural beliefs. 
102 
Provided, that such beliefs are not detrimental to the over-all well being of their children. 
103 
104 
SEC. 9. Breastfeeding and the Mother's Right to Informed Choice. -
105 
Consistent with Republict Act No. 1 0028 or the Expanded Breastfeeding Promotion Act 
106 
of 2009, the State shall provide adequate information and communication materials to 
107 
promote breastfeeding and all forms of nutritious food and supplement to ensure every 
108 
Filipino child's optimal nutrition. 
109 
110 
However, in cases when the mother is unable to breastfeed for various reasons, 
111 
and consistent with international human rights instruments that the State has adhered to 
112 
which guarantees the right to information and informed choice, the mother has the right 
113 
to access all available information on and to choose from among the many options of 
114 
feeding her child and should not be made inferior if she chose to opt for the latter. 
115 
116 
SEC. 10. Philippine Plan of Action for Nutrition (PPAN) and Strategies. - The 
117 
PPAN is the integrated short, medium and long-term plan of the government in 
118 
response to the global call to eradicate' hunger and malnutrition. It is the blueprint for 
119 
achieving nutrition adequacy for all as an important element for international 
120 
competitiveness, people empowerment and human development. 
121 
122 
The PPAN aims to reduce prevalence of protein-energy malnutrition, Vitamin A 
123 
deficiency, iron deficiency anemia and iodine deficiency disorders. 
3 


124 
The PPAN shall employ a twin strategy: promotion of household food security; and 
125 
the prevention, control and elimination of micro-nutrient malnutrition. It shall involve 
126 
short, medium, and long-term interventions to address hunger and malnutrition. Further, 
127 
programs to ensure household food security through availability and accessibility of safe 
128 
and nutritious foods shall be encouraged. 
129 
130 
SEC. 11. 
The National Nutrition Council. - The National Nutrition Council 
131 
(NNC), composed of a Governing Board and a Secretariat, is the highest policy making 
132 
body on nutrition. 
It coordinates the formulation and the implementation of the 
133 
Philippine Plan of Action for Nutrition (PPAN). It shall provide overall direction for the 
134 
nutrition plans and programs and coordinate all others" agencies which contribute" 
135 
resources and expertise for nutrition development. 
136 
Due to the urgent need to address malnutrition, and in order to increase its 
137 
efficiency and effectiveness, the NNC is hereby transferred to the Office of the 
138 
President (OP) immediately upon the effectivity of this Act. The transfer of the NNC to 
139 
the OP shall be for a period of six (6) years, or until such time as the country's nutrition 
140 
status has greatly improved. 
141 
The composition of the NNC Governing Board is hereby amended and further 
142 
expanded: 
143 
A. The Governing Board. -
The Governing Board (GB) shall be composed of the 
144 
following: 
145 
(a) 
President of the Philippines (Chairperson); 
146 
(b) 
Secretary of Agriculture; 
147 
(c) 
Secretary of the Department of Social Welfare and Development; 
148 
(d) 
Secretary of the Department of Health; 
149 
(e) 
Secretary of the Department of Education; 
150 
(f) 
Secretary of the Department of Science and Technology; 
151 
(g) 
Secretary of the Department of Budget and Management; 
152 
(h) 
Department of Trade and Industry; 
153 
(i) 
Chairperson of the Philippine Commission on Women; 
154 
0) 
Presidents of the League of Cities, League of Municipalities, League of 
155 
Provinces; 
156 
(k) 
Three representatives from the private sector to be appointed by the 
157 
President of the Philippines shall each come from the food and nutrition 
158 
industry, and women. 
159 
The Board shall create a Technical Committee or such other committee of experts 
160 
as it may deem necessary to act as "the Council's advisory body on policy and program 
161 
matters. 
162 
B. The Secretariat. -
The Secretariat shall serve as the Executive arm of the 
163 
Governing Board. It shall be headed by an Executive Director, assisted by two Deputy 
164 
Executive Directors, all of whom shall be apPOinted by the President. 
4 


· 
" 
165 
SEC. 12. Functions and Powers of the NNC. -
The Council shall have the 
166 
following functions and powers: 
167 
(a) Formulate national nutrition pOlicies, plans, strategies, and approaches for 
Hi8 
nutrition improvement; 
169 
(b) Oversee and serve as a focal point in the integration of nutrition policies and 
170 
programs of all member agencies and instrumentalities charged with the implementation 
171 
of existing laws, policies, rules and regulations concerning nutrition; 
172 
(c) Coordinate, monitor, and evaluate programs and projects of both public and 
173 
private sectors, as well as of LGUs in order to insure integration of nutrition with national 
174 
policies; 
175 
(d) Receive grants, donations and contributions in any form from foreign 
176 
governments, private institutions, and other funding entities for nutrition programs and 
177 
projects: Provided, That no conditions shall be made contrary to the poliCies or 
178 
provisions of this Act; 
179 
(e) Coordinate the release of public funds for the promotion of nutrition well-being 
180 
of the country in accordance with the approved programs and projects; and 
181 
(f) Call upon any government agency and instrumentalities comprising the pillars of 
182 
the executive system for such assistance as may be required to implement the 
183 
provisions of this Act in order to reduce and eventually eliminate malnutrition in the 
184 
country. 
185 
186 
SEC. 13. Role of NNC-Member Agencies, other National Government 
187 
Agencies, Local Government Units, and the Private Sector. -
Member agencies 
188 
shall be responsible for insuring the implementation of programs and projects, 
189 
development of promotive, preventive' and curative nutrition programs, and integration 
190 
of health and nutrition concerns into their respective policies and plans. It shall provide 
191 
additional resources in any form in support of the local nutrition programs as a 
192 
continuing involvement of the national government to local programs. 
193 
The consortium of State Universities and Colleges (SUCs) shall intensify nutrition 
194 
related training, research and extension support activities through the Sarangay 
195 
Integrated Development Approach for Nutrition Improvement (SIDANI) Network 
196 
Program of the Rural Poor and other relevant approaches, there.by strengthening 
197 
delivery systems in partnership with the LGUs. 
198 
Local Government Units (LGUs), pursuant to the Local Government Code of 1991, 
199 
shall provide and deliver basic nutrition services and facilities to the community. The 
200 
LGUs shall integrate nutrition con~iderations in their short, medium and long-term 
201 
development plans, and programs and shall coordinate with the Council in the 
202 
enforcement of this Act. The State shall provide incentives to the LGUs for projects 
203 
targeting young children. 
Other National Government Agencies (NGAs) shall serve as 
204 
important links in promoting nutrition in development through its participation in the 
205 
continuing 
advocacy for nutritional improvement, 
and 
integration of nutrition 
206 
considerations in their sectoral plans and programs. 
5 


207 
Non-Government Organizations (NGOs) shall be encouraged to undertake 
208 
nutrition related researches and to recommend procedures and guidelines promotive of 
209 
good nutrition among employees of agencies or members of NGOs. 
210 
The Private Sector shall also be encouraged to provide technical and financial 
211 
assistance to community-based nutrition projects through their corporate social 
212 
responsibility programs, as their participation in the country's bid to enhance human' 
213 
capital formation. 
214 
215 
SEC. 14. Remuneration and Skills Training for Barangay Health Workers and 
216 
Barangay Nutrition Scholars. -
LGUs are mandated to provide adequate honoraria 
217 
to Barangay Nutrition Scholars (BNS) and Barangay Health Workers (BHWs). They 
218 
shall likewise endeavour to provide sustained capability building skills to BNS and 
219 
BHWs in support of local nutrition programs. 
220 
The DOH shall be responsible for disseminating all information necessary and 
221 
providing training programs to the LGUs' nutrition programs. The LGUs, with the 
222 
technical assistance of the DOH, shall be responsible for the training of BHWs and BNS 
223 
and other barangay volunteers on nutrition promotion. 
224 
The national government shall provide additional and necessary funding and other 
225 
necessary assistance for the effective implementation of this Act. 
226 
227 
SEC. 15. Nutrition in the Aftermath of Natural Disasters and Calamities. -
228 
Areas that are struck by disasters must be prioritized in the delivery of nutrition 
229 
programs. National, regional, and local governments are mandated to immediately 
230 
provide emergency food supplies for proper nourishment of lactating mothers and 
231 
children, specifically those from zero to two (2) years old. 
232 
233 
Private sector donations in emergency situations shall be allowed immediately in 
234 
the aftermath of natural disasters and calamities. The National Disaster Risk Reduction 
235 
Management Council (NDRMMC) is hereby mandated to formulate guidelines in pursuit 
236 
of this Section. 
237 
238 
National and local disaster risk reduction and management councils are hereby 
239 
enjoined to involve women in the decision making process, allowing them to take part in 
240 
implementing disaster-preparedness, recovery and rehabilitation programs. 
241 
242 
SEC. 16. Teen-Age Mothers and Lactating Women. -
LGUs shall endeavour to 
243 
monitor teen-age mothers and lactating women from poor households. Access to 
244 
nutrition by these nutritionally at risk populations must at all times be ensured by health 
245 
centers and barangay officials. 
246 
247 
SEC. 17. Appropriations. - An initial sum of 100 Million Pesos (PhP100,000,000) 
248 
is hereby appropriated for this Act in support of locally initiated nutrition programs; 
249 
Thereafter, an appropriation for this Act shall be proviqed annually in the General 
250 
Appropriations Act. 
6 


· ,. 
251 
LGUs which have been identified by the FNRI as among 'those that have 
252 
populations that are nutritionally at risk, will supplement the funds necessary for the 
253 
implementation of this Act through a mandatory allocation of at least five percent (5%) 
254 
of their Internal Revenue Allotment for malnutrition reduction: Provided That, the Local 
255 
Gender and Development Budget shall likewise be utilized for nutrition programs 
256 
pursuant to the nutrition standard promulgated by the NNC on local feeding programs. 
257 
258 
The funds needed by the NNC to carry out the provisions of this Act shall be 
259 
charged to the appropriations of the NNC under the annual General Appropriations Act 
260 
in addition to the appropriations of other department/agencies whose programs and 
261 
activities are in support of the PPAN and this Act: Provided That, no public fund shall 
262 
be used for feeding programs that will be implemented for less than 120 days 
263 
continuously. 
264 
265 
Funds needed by SUCs in implementing BIDANI and other nutrition approaches 
266 
shall be incorporated in the annual appropriation of SUCs. 
267 
268 
SEC. 18. Review and Sunset Clause. - Six years after the effectivity of this Act 
269 
and every three years thereafter, the NNC shall conduct a review of the nutrition status 
270 
of the country and shall make a determination if international standards have been 
271 
complied with. 
272 
273 
In the event the standards have not been met upon expiry of this Act, Congress 
274 
shall reauthorize this Act for such period as may be necessary to comply with the 
275 
international standards set on malnutrition. 
276 
277 
SEC. 19. Separability Clause. -
If any proviSion of this Act or theapplication of 
278 
such provision to any instrumentalities or entities or circumstancesis held invalid or 
279 
unconstitutional for any reason or reasons, the remainder of thisAct or the application of 
280 
such other provisions shall not be affected thereby. 
281 
282 
SEC. 20. Repealing Clause. -
All, laws and part of, laws, decrees, 
283 
orders, proclamations, issuance, rules and regulations which are inconsistent with 
284 
theprovisions of this Act are hereby repealed, amended or modified accordingly. 
285 
286 
SEC. 21. Effectivity. - This Act shall take effect fifteen days after itspublication in 
287 
the Official Gazette or at least two (2) national newspapers of general circulation 
288 
whichever comes earlier. 
289 
290 
Approved, 
7