Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19 CONGRESS
First Regular Session

HOUSE BILL NO, 1299

Introduced by. REP. WILBERT T. LEE

AN ACT
PROVIDING A FRAMEWORK TO PROTECT AND PROMOTE THE RIGHT TO ADEQUATE
FOOD

EXPLANATORY NOTE

According to the World Bank, hunger in the Philippines rose sharply at the
start of the pandemic. A survey by the Social Weather Stations (SWS) showed that in
September 2020, 31% of Filipino families experienced hunger in the past 30 days and
9% were suffering from severe hunger - the highest levels recorded in more than

20 years.)

From November 3 to December 3, 2021, the Department of Science and
Technology conducted the Rapid Nutrition Assessment Survey that “provided
snapshots of the nutrition and food security situation of Filipinos during the COVID-
19 pandemic.” Of the 5,717 households surveyed composed of 7,240 individuals,
62.1% or six out of 10 reported they experienced moderate to severe food insecurity,
while food security is highest in households with children (7 out of 10), and those

with pregnant family members (8 out of 10).?The survey also noted that food

" QR for Hunger: Nurturing and Saving Children from Hunger. Reliefweb.int (20 May 2022. Retrieved from
‘nips! /reliefweb.invreport/philippines/qr-hunger-nurturing-and-saving-children-hunger

* CNN Philippines Staff. (30 April 2021). 62% of households experienced having no food amid the COVID-19
pandemic —survey. Rettieved 19 November 2021, from
‘nups://canphilippines.com/news/2021/4/30/households-experiencing-having-no-food-amid-the-COVID-19-
pandemic.heml


insecurity was highest between April and May 2020, or when the country was placed
under enhanced community quarantine.”

In the 2021 Global Hunger Index, the Philippines ranks 68th out of the 116
countries with sufficient data to calculate 2021 GHI scores. With a score of 16.8, the

Philippines has a level of hunger that is moderate.*

‘At a time of unprecedented global wealth, widespread hunger is an affront to
humanity. No person should go hungry regardless of their economic situation. All
countries should endeavour to provide the most basic necessities to everyone as a
matter of right.

In recognition of this goal, the international community has on many
occasions recognized the right to adequate food.

Article XXV (1) of the Universal Declaration of Human Rights states that
“{elveryone has the right to a standard of living adequate for the health and well-

being of himself and of his family, including food...”

Article XI (1) of the International Covenant on Economic, Social and Cultural

Rights (ICESCR) provides that “[t]he States Parties to the present Covenant recognize

the right of everyone to an adequate standard of living for himself and his family,
including adequate food...The States Parties will take appropriate steps to ensure the
realization of this right, recognizing to this effect the essential importance of

international co-operation based on free consent.”

The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) also provides under Article Xil (2) that “...[S]tate Parties shall
ensure to women appropriate services in connection with pregnancy, confinement
and the post-natal period, granting free services where necessary, as well as

adequate nutrition during pregnancy and lactation.”

> pid.
+ Global Hunger Index, Retrieved from: https://www. globalhungerindex.org/philippines.html Accessed on 28
June 2022,


Under Article XXIV (2)(c) of the Convention on the Rights of the Child (CRC),
the State Parties are mandated “[t]o combat disease and malnutrition, including
within the framework of primary health care, through, inter alia, the application of
readily available technology and through the provision of adequate nutritious foods

and clean drinking-water...”

Finally, the Convention on the Rights of Persons with Disabilities (CRPD)
provides under Article XXVIII that the “States Parties recognize the right of persons
with disabilities to an adequate standard of living for themselves and their families,

including adequate food...”

The core content of the right to adequate food includes the concepts of food
availability and accessibility, which shall be in a quantity and quality sufficient to
meet the dietary needs of individuals, and in ways that are sustainable, and do not

interfere with the enjoyment of other human rights.

This means that the right to food encompasses everything from feeding the
hungry, supporting the food production industry, and ensuring that good and

nutritious food are both affordable and accessible to everyone.

This bill establishes the framework for addressing hunger and provides the
means through which our country can comply with our international obligations with
regard to the right to food. This bill likewise provides that our obligation shall be met
through progressive realization so as to allow our government to implement the

programs under this bill without necessarily hampering our other development goals.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19"" CONGRESS
First Regular Session

House Bitno. 1299

Introduced by. REP. WILBERT T. LEE

‘AN ACT
PROVIDING A FRAMEWORK TO PROTECT AND PROMOTE THE RIGHT TO ADEQUATE
FooD

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

Section 1. Short Title. - This Act shall be known as the “Right to Adequate
Food Act”

Sec. 2. Declaration of Policy. ~ Pursuant to the principles enshrined in the
Constitution, as well as the provisions of the International Covenant on Economic,
Social and Cultural Rights, Convention on the Rights of the Child, the Convention on
the Elimination of All Forms of Discrimination against Women, and the Convention
‘on the Rights of Persons with Disabilities, to which the Philippines is a State Party, it

is hereby declared the policy of the State to guarantee the right to adequate food.

Adequate food is not a matter of charity, but a basic human right and a
prerequisite for total well-being. Towards this end, the State shall provide for a
framework to address and eliminate hunger systematically and protect the right of

the people to adequate food.

Sec. 3. Definition of Terms. — As used in this Act:


Dietary needs ~ refer to a mix of nutrients for physical and mental growth,
development and maintenance, and physical activity, which follow human
physiological needs at all stages throughout the life cycle, and according to
gender and occupation;

Food ~ refers to solid, liquid, and semi-solid nourishment as well as
drinking water, and when taken into the body serves to nourish, build and
repair tissues, supply energy, or regulate body processes;

Food blockade — refers to an act of cutting off food supplies from a
particular area by force, either in part or totally;

Food emergency — refers to a situation in which access to food is
endangered, as that caused by natural events like drought, floods, storms,
earthquakes, or crop failures resulting from pests or diseases; or by human
agency such as internal or international armed conflict; or infectious
disease outbreaks or pandemics, such as Severe Acute Respiratory
Syndrome (SARS) and the COVID-19 virus;

Food sovereignty ~ refers to the right of the people to healthy and
culturally appropriate food produced through ecologically sound and
sustainable methods, and their right to define their own food and
agriculture systems, putting the aspirations and needs of those who
produce, distribute, and consume food at the heart of food systems and
policies rather than the demands of markets and corporations;

Hunger — refers to a condition in which people do not get sufficient food
to eat to meet the necessary nutrients for fully productive, active, and
healthy living due to the unavailability and/or inaccessibility of food, which
may be (a) acute, such as during a major disaster when food supply
channels are cut, (b) chronic, when people are regularly not getting
enough food to conduct an active life for a long time, or (c) a condition of

starvation, which is not having enough food of any sort to eat, or (d)


undernourishment, which is having enough food to eat, but of inadequate
or insufficient quality; and

g. Vulnerable groups — refer to those who are particularly disadvantaged such
as indigenous peoples, ethnic, linguistic or religious minorities, persons
with disabilities, persons living with Human Immunodeficiency Virus (HIV)
or Acquired Immune Deficiency Syndrome (AIDS), refugees and internally
displaced people, elderly, women, including pregnant and lactating
mothers and children, particularly those from zero to twenty-three (23)

months of age.

Sec. 4. Progressive Realization of the Right to Adequate Food. - Every person
has the right to have regular, permanent and unrestricted access, either directly or
by means of financial purchases, to quantitatively and qualitatively adequate,
sufficient and safe food, corresponding to the cultural traditions of the people to
which a consumer belongs, and which ensure physical and mental, individual and

collective, fulfilling and dignified life, free of fear.

The right to adequate food is deemed met when every man, woman, and child,
alone or in community with others, have physical and economic access at all times to
adequate food, or means for its procurement. The right to adequate food shall not
be interpreted in a narrow or restrictive sense, which equates it with a minimum
package of calories, proteins, and other specific nutrients. The right to adequate food

shall be realized progressively.

Sec. 5. Core Content on the Right to Adequate Food. — The core content of the
right to adequate food includes the concepts of food availability and accessibility,
which shall be in a quantity and quality sufficient to meet the dietary needs of
individuals, and in ways that are sustainable, and do not interfere with the

enjoyment of other human rights.


Sec. 6. Food Adequacy Standard. — Central to the realization of the right to
adequate food is the standard of adequacy in terms of quality, quantity and cultural

acceptability, sustainability of food availability and access.

The standard of adequacy includes a number of factors which are considered
in determining whether particular foods or diet that are accessible can be considered
the most appropriate under particular circumstances. Sustainability is intrinsically
linked to the concept of adequate food or food security, implying that food must be

accessible to both present and future generations.

Sec. 7. Availability Standard, — Food is considered available when it can be
secured either directly from productive land or other natural resources, or from a

well-functioning distribution, processing, and market systems that can move food

from the site of production to where it is needed in accordance with demand.

Sec. 8. Accessibility Standard. — Food accessibility includes both economic and

physical.

Economic accessibility means that the personal or household financial cost
associated with the acquisition of food for an adequate diet should be at a level such
that the attainment and satisfaction of other basic needs are not threatened or
compromised. Economic accessibility applies to any acquisition pattern or
entitlement through which people procure their food. It is a measure of the extent to.

which it is satisfactory for the enjoyment of the right to adequate food.

Physical accessibility means that adequate food must be accessible to
everyone, including physically vulnerable individuals, such as infants and young
children, elderly people, those belonging to the informal sector, the physically
disabled, the terminally ill and persons with persistent medical problems, including
the mentally ill. Victims of natural disasters, people living in disaster-prone areas and
other specially disadvantaged groups, and many indigenous peoples’ groups whose
access to their ancestral lands is threatened, need special attention and priority

consideration with respect to accessibility to food.


Socially vulnerable groups such as landless persons and other particularly

impoverished segments of the population shall be assisted through special programs.

Sec. 9. Cultural or Consumer Acceptability. — In providing food, there is a need
to consider, as far as possible, the perceived non-nutrient-based values attached to

food, and the consumer's concerns on the accessible food supplies.

Food must be free from adverse substances to ensure food safety. Measures
must be taken to maintain, adapt or strengthen dietary diversity and appropriate
consumption and feeding patterns, including optimal breast-feeding, to ensure that
changes in availability and access to food supply do not negatively affect dietary
composition and intake. Care must also be taken to identify and avoid or destroy

naturally occurring toxins.

Freedom from adverse substances implies that the requirements for food
safety and a range of protective measures are implemented to prevent
contamination of foodstuff through adulteration, bad environmental hygiene, or

inappropriate handling at different stages throughout the food chain.

Sec. 10. Conditions for the Exercise of the Right to Adequate Food. - Every

person has the right to live in conditions that shall enable the person to:

a. Acquire food directly from productive land or other natural resources; or
rely on well-functioning food distribution, processing and market systems,
or both;

b. Financially acquire a sufficient quantity and quality of food and to satisfy
other basic needs;

c. Be safe from the risk of losing access to food, as a consequence of sudden
shocks, like an economic or climate crisis, or one that is brought about by
internal displacements of people, or cyclical events, such as seasonal food

insecurity;


d. Have the opportunity of good food utilization through access to adequate
diet, clean water, sanitation and health care and to reach a state of
nutritional well-being, where all physiological needs are met; and

e. Access food or diet that is the most appropriate under given circumstances,

in terms of their nutritional value and cultural acceptability.

Every infant has a right to adequate food and to optimal health, development

and nutrition adequate for their age, growth and development.

Every woman has a right to adequate food and adequate nutrition during

pregnancy and lactation.

Unless otherwise provided by law or necessary for the purpose of a
compelling public interest and compatible with the nature of the right to adequate

food, there is no limitation on the right to adequate food.

Sec. 11. Freedom from Hunger. - Every person has a right to be free from
hunger. Every person suffering from hunger or under nutrition, or at risk of suffering
from hunger or under nutrition is entitled to a minimum amount of food according to.

one's age, sex, health status and occupation, as provided for in Section 19 of this Act.

Sec. 12. Principles. ~The provisions of this Act are founded on the rights-based
principles of participation, accountability, non-discrimination, transparency, human
dignity, empowerment and rule of law, and are consistent with the progressive

realization of the right to adequate food.

Sec. 13. Non-discrimination. — Any distinction, exclusion or restriction made on
the basis of race, color, sex, age, language, religion, political or other opinion,
national or social origin, property, birth or other status, which has the effect or
purpose of impairing or limiting the capacity of an individual to exercise the right to

adequate food, is unlawful and shall be sanctioned in accordance with law.

All forms of discrimination against women with regard to the right to

adequate food, including less favorable treatment of women for reasons of


pregnancy and maternity, shall be eliminated and prevented. The equality of

opportunities between men and women shall be promoted.

The prohibition of discrimination shall not include government action to
remedy past effects of discrimination against particular individuals or groups and to

promote equality of opportunities with regard to the right to adequate food

Sec. 14. Governmental Obligations. ~ The State, as the primary duty-bearer,
has the duty to respect, protect and fulfill the right to adequate food and maintain
food sovereignty, in accordance with the conditions provided under Section 10 of

this Act.

The State has the core obligation to take the necessary action to mitigate and
alleviate hunger, even in times of natural or other disasters. The right to be free from
hunger ensures a minimum daily nutritional intake and the bare survival of a person.

The right to adequate food goes beyond freedom from hunger.

a. Respect — the State has the obligation not to interfere with or impair the
enjoyment of the right to adequate food. No public authority may deprive
any person of food or means for its procurement, apply laws and
regulations, or pursue a policy or practice, in a way that may result in
preventing the enjoyment of or infringing the human right to adequate
food, or repeal formally or suspend legislation necessary for the continued
enjoyment of the right to adequate food.

b. Protect — the State has the duty to provide guarantees against threats and
risks stemming from private actors or societal forces that are controllable

by State action. It shall take preventive measures necessary to protect

persons whose capacities to access sufficient and adequate food or means
for its procurement are endangered by the acts of others. It also must
review the relevant administrative and legislative framework ensuring that
activities within their competence undertaken by private actors do not

infringe on the right to adequate food of others


c. Fulfill — the State shall facilitate the enjoyment of the right to adequate
food by adopting or pursuing appropriate policies and measures that
promote the human right to adequate food and to create and maintain
conditions under which every person can freely and regularly enjoy the

right to adequate food.

Sec. 15. Targets. — The State shall ensure that in two and a half (2 %) years
after the effectivity of this Act, the incidence of hunger is reduced by twenty-five
percent (25%), from the level recorded at the time of the passage of this Act:
Provided, That five (5) years after the effectivity of this Act, such incidence of hunger
will be further reduced by twenty-five percent (25%): Provided, further, That in seven
and a half (7%) years, the incidence of hunger will be further reduced by twenty-five
percent (25%): Provided, finally, That in ten (10) years, there shall be zero hunger

incidence.

The State shall also ensure that within ten (10) years from the effectivity of
this Act, land devoted to food production is increased to fifty percent (50%) of all
prime agricultural land in every region, and, within the same period, the State shall

ensure that the following indicators are considerably and steadily increased:

a. Percentage of development of ancestral lands;

b. Percentage of rural population with access to productive resources;

c. Share of budget spent on programs aimed at creating access to productive
resources;

d. Percentage of budget spent on agri-research, agri-extension, irrigation,
training, technology, credits and rural development;

e. Percentage of rural female-headed households, or rural women, with legal
title to agricultural lands;

f. Percentage of public budget allocation for social transfer programs to

those unable to feed themselves;


g. Coverage of marginalized and disadvantaged population taking part in
social transfer programs;

h. Percentage of marginalized and disadvantaged population covered by a
public nutrition supplement program;

i. Percentage of population aware of available food and nutrition programs;

and

j. Coverage of school feeding programs.

The percentage rates used as indicators herein shall also be stipulated in the

rules and regulations issued to implement the provisions of this Act.

Periodic reviews shall be undertaken to ensure compliance with set targets. In
the implementation of this Act, priority shall be given to identify areas with a
chronically mainourished population. In measuring the incidence of hunger, the key
primary data sources will include national nutrition surveys, household surveys of the
Philippine Statistics Authority (PSA), namely the Family Income and Expenditure
Survey and the Annual Poverty Indicators Survey, and global hunger indices as

benchmarks.

Sec. 16. Institutional Responsibilities. — The following agencies of the
government are required to fulfill their respective mandates in a manner that shall

ensure full implementation of the primary objectives of this Act:

a. Department of Agriculture (DA);

b. Department of Agrarian Reform (DAR);

c. Department of Budget and Management (DBM);

d. Department of Education (DepEd);

e. Department of Environment and Natural Resources (DENR);
f. Department of Health (DOH);

g. Department of the Interior and Local Government (DILG);
h. Department of Justice (DOJ);

i. Department Labor and Employment (DOLE);


j. Department of Public Works and Highways (DPWH);

k. Department of Social Welfare and Development (DSWD);

|. Department of Science and Technology (DOST);

m. Department of Trade and Industry (DTI);

1. Commission on Human Rights (CHR);

©. Commission on Higher Education (CHED);

p. National Anti-Poverty Commission (NAPC);

q. National Economic Development Authority (NEDA);

. National Food Authority (NFA);

s. National Nutrition Council (NNC);

t. Technical Education and Skills Development Authority (TESDA); and

u. Other agencies and instrumentalities of the government whose functions
are necessary for the efficient and effective implementation of the right to.

adequate food

In addition, the Commission on the Right to Adequate Food as established
under this Act shall develop a fully integrated whole-of-government approach to
implement the national policy governing the right to adequate food and the use of a
human rights-based approach for the establishment and implementation of the
national policy.

Sec. 17. Commission on the Right to Adequate Food. ~ There is hereby created
a Commission on the Right to Adequate Food, hereinafter referred to as the

Commission, which shall be attached to the Office of the President.

The Commission shall be the primary policy-making and coordinating body to
guarantee full exercise of the right to adequate food. It shall exercise monitoring and
oversight functions, apply human rights principles, conduct objective impact
assessment on all government policies, programs and projects prior to adoption and
implementation, work in close cooperation, and coordination with relevant

government agencies and in consultations with civil society organizations and the

10


private sector, and use all available resources for the efficient and effective

implementation of this Act.

It shall formulate a national food policy consistent with the policy formulated
by the Inter-Agency Task Force (IATF) on Zero Hunger. The IATF on Zero Hunger shall
effectively be replaced by the Commission which shall implement programs of action
to eradicate hunger, achieve food security, improve nutrition and promote

sustainable agriculture.
The Commission shall have the following powers:

a. Receive complaints of violations of the right to adequate food from
individuals and groups;

b. Investigate, motu proprio, or upon complaint by any party, all forms of
violations of the right to adequate food;

c. Adopt operational guidelines and rules of procedure and cite for contempt
individuals and groups for their violations, in accordance with the Rules of
Court.

d. Provide appropriate legal measures for the protection of the right to
adequate food of all persons within the Philippines, as well as Philippine
citizens residing abroad, and provide for preventive measures and legal aid
services to the underprivileged whose right to adequate food has been
violated or needs protection;

e. Establish a continuing program of research, education and information to
enhance respect for the primacy of the right to adequate food;

f, Recommend to Congress effective measures to promote the right to
adequate food, to harmonize existing laws affecting the right to adequate
food, to ensure their complementation, and the availability of remedies for
violations and compensation to victims of violations of the right to

adequate food;

n


g. Monitor the Government's compliance with its obligations with regard to
the right to adequate food;

h. Request the assistance of any department, bureau, office or agency in the
performance of its functions;

i. Appoint officers and employees in accordance with law; and

j. Perform such other duties and functions as may be provided by law.

Sec. 18. Composition. — The Commission is composed of a chairperson and two.
(2) members who must be natural-born citizens; at least thirty-five (35) years of age
at the time of their appointment; and must not have been candidates for any elective
position in the elections immediately preceding their appointment. At least one (1)

of them must be a member of the Philippine Bar.

The Chairperson and members of the Commission shall not, during their
tenure, hold any other office or employment. Neither shall they engage in the
practice of any profession, or in the active management or control of any business
which, in any way, may affect the functions of their office, nor shall they be
financially interested, directly or indirectly, in any subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their

subsidiaries.

The Chairperson and members of the Commission shall be appointed by the
President and shall not be reappointed to another term. From among the members,
one (1) shall serve as the chairperson and shall hold office for ten (10) years, another
member shall be appointed as Commissioner for seven (7) years, and another shall
be appointed Commissioner and shall serve for five (5) years, without reappointment.
A member who shall be appointed to fill a vacancy shall serve only the unexpired
portion of the term of the predecessor. In no case shall any member be appointed or

designated in a temporary or acting capacity.


The Chairperson and members of the Commission shall receive the same
salary, benefits, privileges and emoluments of a cabinet secretary and
undersecretary, respectively.

Sec, 19. Standards on the Amount of Food. - Within one (1) year from the
effectivity of this Act, the Commission shall, in consultations with the DSWD, DILG,
NNC and the DOH, issue guidelines on the minimum amount of food for persons who
are suffering from hunger or undernourishment, or are at risk of suffering from
hunger or undernourishment, but who cannot take care of their own needs, due to
reasons beyond their control, including, children whose parents die or disappear, or
otherwise no longer take care of them, elderly, and persons with disabilities. The

guidelines include:

The exact quantity of calories, proteins and micronutrients, to which the

minimum amount of food will correspond, according to the age, sex,
health status and occupation of a person;

b. A simple and accessible application or certification procedure for the
minimum amount of food entitlement with transparent, fair and non-
discriminatory eligibility or certification criteria; and

c. Relief mechanisms to ensure that such individuals are provided with their
minimum food requirement.

Specific support measures shall be designed and adopted to prevent or

compensate for disadvantages of the identified vulnerable persons or groups suffer

from, with regard to the enjoyment of their right to adequate food.

Sec. 20. Emergencies. - The Commission, in coordination with the National

Disaster Risk Reduction and Management Council (NDRRMC), shall:

a. Provide food emergency responses which sufficiently cover both early
warning responses and disaster preparedness in case of a crisis; and

organize and manage food responses efficiently and effectively;

13


b. Ensure that food supply responses are compatible with the right to
adequate food and international standards regulating emergencies; and

c. Initiate requests for international assistance in case of necessity and
supervise and coordinate properly the distribution of food to intended

recipients.

Sec. 21. Information Dissemination. - All government agencies, under the
direction of the Commission, in coordination with the Philippine News Agency (PNA)

and Philippine Information Agency (PIA), shall:

a. Inform the population about the rights established in this Act and the
implementing rules and regulations adopted upon its passage into law and
other measures taken for the purpose of facilitating and promoting the
realization of the right to adequate food; and

b. Use the most appropriate ways and methods of disseminating information
by providing information through all media forms, and in local languages,
notably in the most marginalized areas and among populations with a high

rate of illiteracy.

Sec. 22. Education and Awareness Program. — The Commission, in

coordination with the DepEd, CHED and TESDA, shall ensure that:

a. School curriculum includes material related to food and nutrition
education, the right to adequate food and human rights principles; and

b. Relevant adult education and training programs shall include materials
related to food and nutrition, the right to adequate food and human rights
principles.

Sec. 23. International Cooperation. - The Commission, in coordination with

the CHR and the Department of Foreign Affairs (DFA), shall:
a. Ensure that activities undertaken in other countries, including those by

private actors, do not infringe on the enjoyment of the right to adequate

food by the people in the concerned countries;


b. Promote international cooperation and help ensure the realization of the
right to adequate food in other countries, if in a position to do so; and
c. Ensure that international and other agreements which the Philippine

Government enters into, consider,the guarantee on the right to food.

Sec. 24. Monitoring and Evaluation System. ~ There shall be an integrated
monitoring system that shall ensure that all government agencies at all levels, under

the supervision of the Commission on the Right to Adequate Food, shall:

a. Collect data related to food and nutrition security, using monitoring
methodologies and processes consistent with human rights principles;

b. Disaggregate collected data by age, sex, income, bracket, civil status and
ethnicity;

c. Monitor progress achieved in the realization of the right to adequate food;
and

d. Establish or identify an early warning mechanism for food supply shortages

and emergencies.

Sec. 25. Representation and Participation of People’s Organizations and Civil

Society. - To guarantee public participation, the Commission shall ensure that:

a. All persons can freely and meaningfully participate in all forms of public
discourse, access information and exercise freedom of association, in
relation to the formulation and implementation of policies pertaining to
the right to adequate food;

b. Civil society and other stakeholders actively participate in the institutions
that oversee the realization of the right to adequate food, as well as in
formulating capacity-building mechanisms and special measures for
disadvantaged groups;

c. National public hearings are conducted every two (2) years, at which the

government is required to report on the progress made on the

15


implementation of this Act, and the progressive realization of the right to

adequate food in the country.

Sec. 26. Penal Provisions. - The penalty of imprisonment of six (6) months and
one (1) day to six (6) years, or a fine of not less than One hundred thousand pesos
(100,000.00) but not more than Five hundred thousand pesos (500,000.00), or
both, at the discretion of the court, shall be imposed on any person who causes the
starvation or denial of the access to food of any particular individual or group,

through the commission of any of the following acts:

a. Blockade;

b. Refusal to implement a food-related program;

¢. Discrimination in implementing a food-related program;

d. Negligence in implementing food-related programs, resulting in death;

e. Obstructing access to food in times of calamity or war;

f. Theft, corruption or black marketeering of food being given as

humanitarian aid, in time of calamity or war;

g. Distribution of expired, or unsafe food at a school feeding program or

other feeding program, in times of calamity or war;

h. Contamination of food or water sources, through mining activities, aerial

spraying of plantations, or any similar means; and

i. Other analogous acts.

Provided, That the penalty is imposable without prejudice to any other
criminal, civil or administrative liability under existing laws. If the act committed is
food blockade during armed conflict, the penalty imposable shall be without
prejudice to the application of Republic Act No. 9851, or the “Philippine Act on
Crimes against International Humanitarian Law, Genocide and Other Crimes against

Humanity,” and other relevant laws.

Sec. 27. Civil and Administrative Liabilities. - The government shall ensure the

enjoyment of the rights guaranteed in this Act and to perform the duties provided

16


for in this Act. Appropriate cases may be filed before the courts to compel
compliance with the provisions of this Act. These cases shall be without prejudice to

liability for damages and administrative liability that may be incurred.

If the violator is a public official or employee, in addition to the penalty of
imprisonment or fine or both, the accessory penalty of perpetual absolute

disqualification to hold public office shall be imposed.

Sec. 28. Appropriations. - There shall be an allocation in the annual budget
specifically for the purposes of the implementation of the right to adequate food, in
accordance with priorities set by the Commission on the Right to Adequate Food. The
allocation shall be aimed at the progressive realization of the right to adequate food

over the long term.

Sec. 29. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the Chairperson of the Commission shall, in coordination with
the CHR, DA, DAR, DSWD, DOH, DTI, DPWH, NEDA, NNC, and NAPC, and people’s
organizations and human rights non-governmental organizations, promulgate the

necessary rules and regulations for the effective implementation of this Act.

Sec. 30. Rationalization of Policies. - All existing policies, laws, decrees,
executive orders, memorandum orders, memorandum circulars, administrative
orders, and ordinances shall be rationalized and interpreted in a way that shall
guarantee the realization of the right to adequate food as provided for in this Act.

Sec. 31. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected shall
continue to be in full force and effect.

Sec. 32. Repealing Clause. — All laws, decrees, executive orders, memorandum
order, memorandum circulars, administrative orders, ordinances, or parts thereof,
which are inconsistent with the right to adequate food and the provisions of this Act,

are hereby repealed or modified accordingly.

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Sec. 33. Effectivity Clause. - This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in a newspaper of general

circulation in the Philippines.

Approved,

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