Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Nineteenth (19) CONGRESS
First Regular Session
1175

HOUSE BILL NO.,

Introduced by Hon. Bryan B. Revilla

EXPLANATORY NOTE

First filed in the 16" Congress by Reps. Ibarra “Barry” Gutierrez, Walden Bello, Arlene
“Kaka” Bag-ao, and by Rep. Jose Christopher Y. Belmonte, this measure was approved in the third
and final reading in the last three consecutive Congresses.

This bill aims to provide a comprehensive framework embodying the people’s right to
adequate food. Provisions of the 1987 Philippine Constitution, particularly in Article I] (Declaration
of Principles and State Policies) which state:

“Section 9. The State shall promote a just and dynamic social order that will ensure
the prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a rising standard
of living, and an improved quality of life for all.”

“Section 11. The State values the dignity of every human person and guarantees full
respect for human rights.”

“Section 21. The State shall promote comprehensive rural development and agrarian
reform.”

make it a State policy, and gives the State the corresponding obligation, to guarantee the fulfillment
of the peoples’ right to adequate food, The same obligation was voluntarily adopted by the
Philippines as State-Party to the International Covenant on Economic, Social and Cultural Rights
which, in its Article 11, provides:

“Article 11. (1) The States Parties to the present Covenant recognize the right of everyone
to an adequate standard of living for himself and his himself and his family, including adequate
food, clothing and housing, and to the continuous improvement of living conditions. The States
Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect
the essential importance of international cooperation based on free consent. (2) The State Parties to
the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall
take, individually and through international cooperation, measures, including specific programmes,
which are needed: (a) to improve methods of production, conservation and distribution of food by
making full use of technical and scientific knowledge, by disseminating knowledge of principles of


nutrition and by developing or reforming agrarian systems in such a way as to achieve the most
efficient development and utilization of natural resources; (b) Taking into account the problems of
both food-importing and food-exporting countries, to ensure an equitable distribution of world food
supplies in relation to need.”

Indeed, a number of international instruments signed by the Philippines, including the
Convention on the Rights of the Child and the Convention on the Elimination of All Forms of
Discrimination Against Women, and numerous pieces of local legislation like Republic Act No.
9700 (Comprehensive Agrarian Reform Program Extension with Reforms which adopted the
policies in Republic Act No, 6657), Republic Act No. 8435 (Agriculture and Fisheries
Modernization Act), Republic Act No. 8550 (Philippine Fisheries Code), Republic Act No. 7607
(Magna Carta for Small Farmers), Republic Act No. 7884 (National Dairy Act), Republic Act No.
7900 (High Value Crops Act), Republic Act No. 8178 (Agricultural Tariffication Act), Republic
Act No. 7308 (Seed Industry Development Act), Republic Act No. 9168 (Plant Variety Protection
Act), Republic Act No. 7581 (Price Act), Republic Act No. 71 (Price Tag Law), Executive Order
No. 51 (Milk Code), and Republic Act No. 8976 (Philippine Food Fortification Act of 2000), have
the over-all, arching objective of guaranteeing the right of Filipino citizens to adequate food.

However, the lack of a comprehensive framework embodying right to adequate food
is a chasm between policy and implementation. Public funds are not only inadequate but dissipated
due to corruption, A comprehensive framework law, is essential to make the right to adequate food
meaningful. This comprehensive law will not only harmonize provisions of all laws related to
Fitipinos’ right to adequate food but would also clarify the scope and content of the right, establish
standards for compliance, lay down principles to shape the process of realization, and prohibit
violations of the right to adequate food

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

=

Bevan B. Revilla
Representative
AGIMAT Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

ETEENTH (19") CONGRESS
First Regular Session

”
novse pitino,_2175

Introduced by Hon. Bryan B. Revilla

AN ACT
PROVIDING A FRAMEWORK FOR THE RIGHT TO ADEQUATE FOOD,
AND FOR OTHER PURPOSES

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
Framework Act.”

SEC. 2. Statement of Policy. - Consistent with 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, and Convention on the Elimination of All Forms of
Discrimination Against Women, to which the Philippines is a State Party, it is hereby made the
declared policy of the State to guarantee the right to adequate food.

Adequate food is not a matter of charity, but of legal entitlement. Hunger is inconsistent
with human dignity and human rights, and must be eliminated. The State shall provide for a
framework to address and eliminate hunger in an organized manner.

SEC. 3. Definitions. - As used in this Act:

Food refers to solid, liquid and semi-liquid 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 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;
Hunger refers to a condition in which people do not get enough food to eat to provide the
nutrients for fully productive, active and healthy living due to unavailability and
inaccessibility of food. It can be acute, such as during a major disaster when food supply
channels are cut, or chronic, when people are regularly not getting enough food to conduct
an active life for a long time.

b,

©

d)



It is also a condition of starvation, which is not having enough food of any sort to eat, or
undernourishment, which is having enough food to eat, but of inadequate quality;

e) Right to adequate food refers to 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, and

f) Vulnerable groups refer to those who are particularly disadvantaged. These include
indigenous peoples, ethnic, linguistic or religious minorities, persons with disabilities,
persons living with HIV or 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. Normative Content. — The right to adequate food is realized when every man,
woman and child, alone or in community with others, has physical and economic access at all
times to adequate food, or means for its procurement. The right to adequate food will therefore 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 will have to be realized
progressively. However, the core obligation is 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 the person. The right to adequate food
goes beyond freedom from hunger. Central to the realization of the right to adequate food is an
adequacy standard in terms of quality, quantity and cultural acceptability, sustainability of food
availability and access

a) The concept of adequacy is particularly significant in relation to the right fo adequate
food since it serves to underline a number of factors which must be taken into account
in determining whether particular foods or diets that are accessible, can be considered
the most appropriate under given circumstances. The notion of sustainability is
intrinsically linked to the notion of adequate food or food security, implying food being
accessible for both present and future generations. The precise meaning of adequacy is
to a large extent determined by prevailing social, economic, cultural, climatic,
ecological and other conditions, while sustainability incorporates the notion of long-
term availability and accessibility.

b) The core content of the right to adequate food implies:

1) The availability of food in a quantity and quality sufficient to satisfy the dietary
needs of individuals, free from adverse substances, and acceptable within a
given culture; and

2) The accessibility of such food in ways that are sustainable, and do not interfere
with the enjoyment of other human rights.

c) Dietary needs refer to the diet as a whole contains a mix of nutrients for physical and
mental growth, development and maintenance, and physical activity, that are in
compliance with human physiological needs at all stages throughout the life cycle, and
according to gender and occupation. Measures therefore need to be taken to maintain,
adapt or strengthen dietary diversity and appropriate consumption and feeding patterns,
including optimal breast-feeding, while ensuring that changes in availability and access
to food supply as a minimum do not negatively affect dietary composition and intake.

d) Freedom from adverse substances refers to the requirements for food safety and for a
range of protective measures by both public and private means to prevent


©)

g)

contamination of foodstuffs through adulteration, or through bad environmental
hygiene, or inappropriate handling at different stages throughout the food chain. Care
must also be taken to identify and avoid or destroy naturally occurring toxins

Cultural or consumer acceptability implies the need also to take into account, as far as
possible, perceived non nutrient-based values attached to food and food consumption
and informed consumer concerns regarding the nature of accessible food supplies.
Availability refers to the possibilities either for feeding oneself directly from productive
land or other natural resources, or for 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,

Accessibility refers to economic and physical accessibility.

1) Economic accessibility implies that personal or household financial costs
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, and is a measure of the
extent to which it is satisfactory for the enjoyment of the right to adequate food.
Socially vulnerable groups such as landless persons and other particularly
impoverished segments of the population need attention through special
programs.

2) Physical accessibility implies 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, need special
attention, and sometimes priority consideration with respect to accessibility of
food. A particular vulnerability is that of many indigenous population groups
whose access to their ancestral lands is threatened.

SEC. 5. Conditions for the exercise of the right to adequate food. — Every person has the
right to live in conditions that will enable the person:

a)

b)

c)

d)

e)

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

To be financially acquire a sufficient quantity and quality of food and to satisfy other
basic needs;

To be safe from the risk of losing access to food, as a consequence of sudden shocks,
like an economic or climatic crisis, or brought about by internal displacements of
people, or cyclical events, such as seasonal food insecurity;

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

‘To access foods or diets that is the most appropriate under given circumstances, in
terms of their nutritional value and cultural acceptability

Every infant, girl and boy 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.

No limitation on the right to adequate food may be allowed, unless it is provided by law,
is necessary for the purpose of a compelling public interest, and is compatible with the nature of
the right to adequate food

SEC. 6, 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 his or her age, sex, health status
and occupation, as provided for in Section 13 of this Act

SEC. 7. 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 will be sanctioned in
accordance with law.

All forms of discrimination against women with regard to the guaranteed right to adequate
food, including less favorable treatment of women for reasons of pregnancy and maternity, will be
eliminated and prevented. The equality of opportunities between men and women will be
promoted.

The prohibition of discrimination will not be read to 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. 8. Principles. - The principles upon which the provisions of this Act are founded

are:

4) Participation — People should be able to determine their own well-being and participate
in the planning, design, monitoring and evaluation of decisions affecting them.
Individuals are able to take part in the conduct of public affairs, including the adoption
and implementation of State policies. Such participation is active, free and meaningful,
whether it is exercised directly or through intermediary organizations representing
specific interests. It is supported by capacity-building and appropriate integrative
mechanisms where necessary.

b) Accountability — Public officials are answerable to their superiors and to the people
they serve. Application of the principle of accountability in the context of the right to
adequate food framework law requires clear assignment of responsibilities and
functions to public authorities for implementation of the framework law and any
subsequent measures to be taken, In addition, the expected results are spelled out
clearly and appropriate procedures are established.

©) Nondiscrimination ~ The protection of human rights objectively and reasonably the
same for everybody, irrespective of sex, age, race, color, religion or any other ground.
In addition to specifically prohibiting discrimination on any ground, this principle
requires specific measures aimed at correcting de facto discrimination or eliminating
conditions that cause or help to perpetuate discrimination, as well as measures
promoting equality. In the context of this Act, it means paying particular attention to
those groups that cannot enjoy their rights as fully as others.

d) Transparency ~ The public should be given free and open access to timely and reliable
information on the decisions and performance of public authorities. Holders of public


¢

p

office are as open as possible about all their decisions and actions that may affect the
free exercise of the right to adequate food. Applying the principle of transparency
within the context of this Act means that people are provided with essential information
about the decision-making process and those accountable and responsible for it. People
also have the power to demand information on the processes that feed into the
achievement of the particular entitlement, with an easy and low-cost corrective check
to malfeasance.

Human dignity ~ Persons have absolute and inherent worth, simply because they are
human, not by virtue of any social status or a particular power. This Act recognizes in
an unequivocal form that every person has a right to adequate food. To comply with
this principle in the implementation of this Act, the State, through its public officials,
‘treats persons equally and respects their human worth and dignity.

Empowerment ~ The people have power, capacity, capabilities and access needed to
change their own lives, including the power to seek from the State remedies for
violations of their human rights. This principle is the logical consequence of all the
preceding principles. In the context of this Act, empowerment entails including specific
provisions on awareness-raising, capacity-building and right to adequate food
education,

Rule of law ~ Government authority is legitimately exercised only in accordance with
written, publicly disclosed and accessible laws adopted and enforced in conformity
with established procedures. The principle is intended as a safeguard against arbitrary
use of State authority and lawless acts of both organizations and individuals. Any
implementing rules and regulations to be adopted for ensuring the implementation of
this Act will be clear, fair and accessible. The rule of law also means that no person or
body can breach the law with impunity. There is access to justice including the right to
an effective remedy for anyone whose rights are violated, as well as the guarantee of
due process in all legal proceedings.

SEC. 9. Governmental obligations. — The State has the duty to respect, protect and fulfil
the right to adequate food.

a)

b)

cy

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 could 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.

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
is bound to take preventive measures necessary to protect persons whose capacity to
access sufficient and adequate food or means for its procurement is endangered by the
acts of others. It also ought to review the relevant administrative and legislative
framework ensuring that activities within their competence undertaken by private
actors do not infringe the right to adequate food of others.

Fulfill — The State has the power to facilitate the enjoyment of the right to adequate
food by adopting or pursuing appropriate policies and measures, in a manner to foster
and 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. It
is equally the duty of the State to provide for right to adequate food, by adopting and
putting in place measures to provide food, or means for its procurement, to persons


who cannot take care of their own needs, due to reasons beyond their control, in
particular for children whose parents die or disappear or otherwise no longer take care
of them.

SEC. 10. Targets. — The State shall ensure that in two and a half years after the effectivity
of this Act, the incidence of hunger will be reduced, from the level current at the time of the passage
of this Act, by twenty-five percent (25%): 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, it will be further reduced by twenty-five percent
(25%): Provided, finally, That in ten (10) years a zero incidence of hunger will be achieved.

The State shall also ensure that in ten (10) years, land devoted to food production will be
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 will considerably and steadily increase,
as may be determined in the implementing rules and regulations of this Act:

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;

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

f) Percentage of public budget allocation for social transfer programs to those unable to
feed themselves:

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

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.

e)

g

h

Periodic reviews will be undertaken to ensure compliance with set targets. In the
implementation of this Act, priority will be given to identify areas with chronically malnourished
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. 11. Institutional Responsibilities. ~The following agencies of the government are
required to fulfil their respective mandates in a manner that will ensure full implementation of the
primary objectives of this Act

a) Department of Agriculture (DA);
b) Department of Agrarian Reform (DAR),

c) Department of Education (DepEd);

d) Department of Environment and Natural Resources (DENR),
e) Department of Health (DOH):

f) Department of Interior and Local Government (DILG),

2) Department of Justice (DOJ);


h) Department of Labor and Employment (DOLE);

i) Department of Public Works and Highways (DPWH);

4) Department of Social Welfare and Development (DSWD):

k)_ Department of Science and Technology (DOST);

1) Department of Trade and Industry (DTI);

m) Commission on Human Rights (CHR);

n) National Anti-Poverty Commission (NAPC),

0) National Economic Development Authority (NEDA),

p) National Food Authority (NFA);

q) National Nutrition Council (NNC);

1) Technical Education And Skills Development Authority (TESDA); and

s) 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 development of the capacity 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 must be institutionalized.

SEC. 12. 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 with civil
society organizations and use all available resources of the government and private bodies or
organizations for the efficient and effective implementation of this Act. It shall formulate a national
food policy and implement programs of action to eradicate hunger, in coordination with relevant
government agencies and in consultations with civil society organizations and the private sector.

‘The Commission will have the following powers:

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

b) Investigate, motu propio, 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 for their
violation, 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;

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

£) 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,


8) Monitor the Government's compliance with its obligations in 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.

‘The Commission shall be composed of a Chairperson and two (2) members who must be
natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five
(35) years of age, and must not have been candidates for any elective position in the elections
immediately preceding their appointment. At least one of them shall be a member of the Philippine
Bar.

The Chairperson and the 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 be affected by the
functions of their office, nor shall they be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the government, any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations or their
subsidiaries.

‘The Chairperson and the Members of the Commission will be appointed by the President
and shall not be reappointed to another term. From among the Members, one shall serve as the
Chairperson and shall old office for ten (10) years, another Member shall be appointed as
Commissioner for seven (7) years, and another shall be appointed Commissioner 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 will any Member be appointed or
designated in a temporary or acting capacity.

‘The Chairperson and the Members of the Commission shall receive the same salary,
benefits, privileges, and emoluments of a Cabinet Secretary and Undersecretary, respectively.

SEC. 13. Standards on the Amount of Food.~The DSWD, in coordination with the local
government units (LGUs) concerned, shall ensure regular, reliable and timely delivery of a
minimum amount of food to any person who is suffering from hunger or under nutrition, or is at
risk from suffering from hunger or under nutrition. In consultations with the DSWD, DILG, NNC
and the DOH, the Commission shall specify the scope of the minimum amount of food entitlement
for each individual, determine 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. In addition, the Commission shall formulate a simple and accessible
application or certification procedure for the minimum amount of food entitlement and transparent,
fair and non-discriminatory eligibility or certification criteria.

There shall likewise be established fair, independent and accessible recourse procedures to
the Commission for complaints and appropriate remedies in case of a determined violation of the
right to adequate food. For its part, the DSWD shall establish an appropriate monitoring and
evaluation mechanism report to the Commission on a regular basis. The annual national
appropriations law shall include a specific item allocating resources necessary for the
implementation of the right to adequate food.


Specific support measures, particularly needed by: (a) physiologically vuinerable persons,
such as persons suffering from HIV/AIDS and their families, children, pregnant women and
lactating mothers, disabled persons, persons suffering from sickness or elderly; (b) geographically
disadvantaged persons, such as persons living in remote and isolated, very poor or underdeveloped
areas; and (c) economically vulnerable persons, such as landless people, street children, urban poor
or unemployed persons, and indigenous peoples who are also identified as vulnerable groups, will
be designed and adopted to prevent or compensate for disadvantages that they suffer from, in
regard to the enjoyment of their right to adequate food. The Commission shall review such
proposed specific support measures and, where necessary, give further guidance, so as to ensure
that all groups are covered appropriately. The Commission shall adopt and develop specific
support measures that are in accordance with right to food standards and human right principles.

SEC. 14. Emergencies. ~The Commission on the Right to Adequate Food, in coordination
with the National Disaster Risk Reduction and Management Council (NDRRMC) will have the
duty to ensure that:

a) Food emergencies cover both early warning and preparedness for a crisis, as well as
organizing and managing food response in the case of a crisis, and comply with the
right to adequate food and the relevant international standards;

b) Emergency food responses are compatible with the right to adequate food and
intemational standards regulating emergencies;

c) Requests for international assistance are initiated in case of necessity and distribution
of food to intended recipients is properly supervised and coordinated

SEC 15. Information Dissemination. — All government agencies, under the direction of
the Commission, in coordination with the Philippine News Agency (PNA) and Philippine
Information Agency (PIA), are mandated to

a) Inform the population about the rights established in this Act and the implementing
rules and regulations adopted upon its entry into force, as well as about any other
measure 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. 16. Education and Awareness Program, — The Commission, in coordination with
the DepEd, Commission on Higher Education (CHED) and TESDA, shall ensure that:
a) The 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.17. 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 people in the
concerned countries, in coordination with DA, DTI, DOH AND NEDA and other

relevant agencies;


b) Promote international cooperation and provide assistance to 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, take into account the guarantee on the right to food.

SEC. 18. 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, will:

a) Collect data related to food and nutrition security, using monitoring methodologies and
processes consistent with human rights principles as established by this Act;

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. 19. 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, as
well as 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; and

c) National public hearings are conducted every two (2) years, at which the government
is required to report on progress made with the implementation of this Act, and the
progressive realization of the right to adequate food in the country.

d)

SEC. 20. Penal Provisions. The penalty of prision correccional will be imposed on any

public or private actor, who causes the starvation or denial of access to food to any particular
individual or group, as 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 time 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 time of calamity or war;

h) Contamination of food or water sources, through mining activities, aerial spraying of
plantations, or any other similar means; and

i) Other analogous acts.

Provided, That, the penalty is imposable without prejudice to any other criminal, civil or
administrative liability under Philippine law: Provided, further, That 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, 21. Civil and Administrative Liabilities. — Any public officer or employee who.
directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of a
person’s rights guaranteed in this framework Act, will be liable for damages. Any violation of a
provision of this Act, whether committed by public or private actors, will similarly give rise to
liability for damages

It is hereby declared a ministerial duty on the part of the Government to ensure the
enjoyment of the rights guaranteed in this Act and to perform the duties embodied in it.
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, as well as administrative
liability that may be incurred.

SEC. 22. Appropriations. — There will be an allocation in the annual budget specific and
sufficient resources for the purposes of the implementation of the right to adequate food, in
accordance with priorities set by the Commission. The allocation will be aimed at the progressive
realization of the right to adequate food over the Jong term,

SEC, 23. Implementing Rules and Regulations. - The Commission shall issue the
necessary rules and regulations to implement the provisions of this Act within sixty (60) days from
its effectivity. In the formulation of these rules and regulations, the Commission shall take the
lead and shall coordinate with the CHR, DA, DAR, DSWD, DOH, DTI, DPWH, NEDA, NNC
and NAPC, and with the active participation of people’s organizations and human rights
nongovernmental organizations.

SECTION 24. 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 will guarantee the realization of the
right to adequate food, as provided for by this Act

Concerned Cabinet secretaries and other executive authorities will report on a regular basis
to the Commission on legislative and regulatory measures that have been formulated and adopted,
and the time frames within which they are envisaged to achieve their objectives in order to achieve
zero hunger.

SEC. 25. Separability Clause. — If any part or provision of this Act will be declared
unconstitutional or invalid, the other provisions not affected in this Act will remain in full force
and effect,

SEC. 26. Repealing Clause. — All laws, decrees, executive orders, memorandum orders,
memorandum circulars, administrative orders, ordinances, or their parts, which are inconsistent
with the right to adequate food and the provisions of this Act, are hereby deemed repealed or
modified accordingly.

SEC. 27. Effecti ~ This Act will take effect fifteen (15) days after its publication in at
least two (2) newspapers of national circulation

Approved,