Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

Houie Bil No, 8795

Introduced by Representatives
Ibarra “Barry” M. Gutierrez III (AKBAYAN), Walden F. Bello (AKBAYAN),
Arlene “Kaka” J. Bag-ao (Lone District, Dinagat Islands),
and Jose Christopher “Kit” Y. Belmonte (6" District, Quezon City)

EXPLANATORY NOTE

Provisions of the 1987 Philippine Constitution, pasticularly in Asticle It (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.” (emphasis supplied)

make it a State policy, and gives the State the corresponding obligation, to guarantee the
fulfillment of the peoples’ tight to adequate food. The same obligation was voluntarily adopted
by the Philippines as State-Party to the Infernational 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 continous 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.”
(emphasis supplied)

Indeed, a number of international instruments signed by the Philippines, including the Convention
an 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 Reforns 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 ActNo. 7607 (Magna Carta for Small Farmers), Republic Act No,
7884 (National Dairy Ad), Republic Act No. 7900 (High Value Crops Ad), Republic Act No. 8178
(Agricultural Tarification Acl, Republic Act No. 7308 (Seed Industry Development Ac), Republic Act
No. 9168 (Plant Variety Protection Adl), Republic Act No. 7581 (Pree Ac), Republic Act No. 71
(Price Tag Law), Executive Order No. 51 (Milt Code), and Republic Act No, 8976 (Philippine Food
Fortification Act of 2000), have the over-all, arching objective of guaranteeing the tight 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 ate not only inadequte but dissipated due to
corruption, Who could forget the PhP728 million fertilizer scam, the PhPS billion swine scam,
the PhP3.1 billion irrigation scam, or the questionable disbursement of PhP120 million out of

Ginintuang Masaganang Ani funds?


‘A comprehensive framework law, therefore, is essential to make the right to adequate, food
meaningful. This comprehensive law will not only harmonize provisions of all laws related to
Filipinos’ tight to adequate foodbut 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.

Ibarra “Barty” fierrez IIT Walden F, Bello

_
CH Jehdbo
‘Arlene “Baka” J. Bagra Jose Clitistopher “Kit” Y, Belmonte


i

wR &

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HevbetBill No, 8795

Introduced by Representatives
Ibarta “Barry” M. Gutierrez III (AKBAYAN), Walden F. Bello (AKBAYAN),
Arlene “Kaka” J. Bag-ao (Lone District, Dinagat Islands),
and Jose Christopher “Kit? Y. Belmonte (6" District, Quezon City)

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

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

SECTION 1. Short title—This Act shall be known as the “Right fo Adequate Food Framework, Act
of 20142”

SECTION 2. Statement of policy—Consistent with the principles enshrined in the 1987
Philippine Constitution, as well as the provisions of the International Covenant on Economis, Social and
Cultural Rights, Convention on the Rights of the Child, aad Convention on the Elimination of All Fornis 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.

SECTION 3. Defintions—As used in this Act:

(@) “Food” is nourishment that includes solid, liquid and semiliquid nourishment, as well as
drinking water


(b) “Hunger” is a spectrum of situations, from starvation, which is not having enough food of

any sort to eat, to undernutrition, which is having enough food to eat, but of inadequate

quality.

(©) “Right 10 adequate food” is the tight to have regular, permanent and unrestricted access, either

directly or by means of financial purchases, to quantitatively and qualitatively adequate and
sufficient food, corresponding to the cultural traditions of the people, to which a person
belongs, and which ensure physical and mental, individual and collective, fulfilling and

dignified life, free of fear.

(@ “Vulnerable groups? axe those who are particularly disadvantaged. These include, but shall not
be limited to, indigenous peoples, ethnic, linguistic or religious minorities, persons with
disabilities, persons living with HIV or AIDS, refugees and internally displaced people,

women and children,

SECTION 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 fo adequate food will therefore not
be interpreted in a narrow of restrictive sense, which equates it with a minimum package of
calories, proteins and other specific nutrients. The right 0 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.Central to the realization of the right fo

adequate food is adequacy and sustainability of food availability and access.

(a) The concept of adequagy 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 secusity, 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. The core content of the

right to adequate food implies:


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(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 that do not interfere with

the enjoyment of other human rights.

(b) Dietary needs imply that 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 breast-feeding,
while ensuring that changes in availability and access to food supply as a minimum do not

negatively affect dietary composition and intake.

(© Freedom from adverse substances sets requirements for food safety and for a range of
protective measures by both public and private means to prevent contamination of
foodstuffs through adulteration, or through bad envizonmental hygiene, ot inappropriate
handling at different stages throughout the food chain. Care must also be taken to identify

and avoid or destroy naturally occurring toxins.

(d) Cultural or consumer aevepfability implies the need also to take into account, as fat as possible,
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perceived non nutrient-based values attached to food and food consumption and informed

consumer concerns regarding the nature of accessible food supplies.

(©) Anailability xefets 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 encompasses both economic and physical accessibility:

(1) Economic acessibilifimplies 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


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procure their food, and is a measure of the extent to which it is

tisfactory 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 programmes,

Q) Physical anessibility 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,

SECTION 5. Conditions for the exercise of the right to adequate food—Everyperson has

the tight to live in conditions that will enable the person:
(® Either to:
(1) Feed directly from productive land or other natural resources; or

(2) Rely on well-functioning distribution, proc
@) Both;

sing and market systems, or

(b) To be financially able, not only to acquire a sufficient quantity and quality of food, but also

to satisfy her or his 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 cyclical events,such as seasonal food insecusity;

(@ 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 nuttitional well-being, where all

physiological needs ate met; and

(© To access foods ot diets that are the most appropriate under given circumstances, in terms

of their nutritional value and cultural acceptability.


Every girl and boy has a right to adequate food and to nutrition adequate for their age, allowing
growth and development.

Every woman has a right fo adequate food and adequate nutrition during pregnancy and lactation.

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

SECTION 6. Freedom from hunger—Every person has a right to be free from hunger.
Every person suffering from hunger or undernutrition, or at risk of suffering from hunger oz
undernutrition, is entitled to a minimum amount of food according to his or her age, sex, health

status and occupation, as provided for in Section 15 of this Act.

SECTION 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 fo adequate food, is unlawful and will be sanctioned

in accordance with law.

All forms of discrimination against women with regard to the guaranteed right fo adequate food,
including less favorable treatment of women for reasons of pregnancy and maternity, will be
climinated 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.

SECTION 8. Priaciples—The principles upon which the provisions of this Act are founded

are:


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(@) Participation — people should be able to determine their own well-being and participate in the
planning, désign, 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
Siate 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 where necessary.

(©) 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 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.

(©) Non-ditrimination ~ a level of protection of human tights objectively and reasonably the same
for everybody, irrespective of sex, age, race, colour, religion or any other ground, In addition
to specifically prohibiting discrimination on any ground, this principle requires specific
measures aimed at correcting de fac 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.

(@ Transparency ~ open access by the public to timely and reliable information on the decisions
and performance of public authotities. Holders of public office are as open as possible about
all their decisions and actions that may affect the free exercise of the righ? fo 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 — absolute and inherent worth that persons have, 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


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in the implementation of this Act, the State, through its public officials, treats persons
‘equally and respects their human worth and dignity.

() Empowerment — people have power, capacities, 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.
pacity: 1B ig) sl

(®) Rule of Jaw — 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 tule 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.

SECTION 9. Governmental obligations —The State has the duty to tespect, protect and
fulfill the right ¢o adequate fod.

(®) Respect — the State has the obligation not to interfere with ot impair the enjoyment of the righ?
40 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 inftinging the human right fo adequate food, ot repeal
formally ot suspend legislation necessary for the continued enjoyment of the right 10 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 ot means for its procurement is endangered by the acts of others. It also

ought to teview the relevant administrative and legislative framework ensuring that activities


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within their competence undertaken by private actors do not infringe the right to adequate

food of others.

(©) Fufill — the State has the power to facilitate the enjoyment of the right fo adequate food by
adopting or pursuing appropriate policies and measures, in a manner to foster and promote
the human right 0 adequate food and to create and meintain conditions under which every
person can freely and regularly enjoy theright 0 adequate food. It is equally the duty of the State
to provideright 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.

SECTION 10. Taggets—The State will 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 years after the effectivty of

this Act such incidence of hunger will be further reduced by twenty-five percent (25%): Provided,

further, That in seven and a half years, it will be further reduced by twenty-five (25%): Provided,

finally, That in ten (10) years a zero (0) 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;

(©): Share of budget spent on programs aimed at creating access to productive resources;

(@ Percentage of budget spent on agri-research, agri-extension, ittigation, training, technology,
credits and rural development;

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

( Percentage of public budget allocation for social transfer programs to those unable to feed

themselves;


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

(h) Percentage of marginalized and disadvantaged population covered by a public nuttition
supplement program;

@ Percentage of population aware of available food and nutrition programs; and

()) Coverage of school feeding programs.

Periodic reviews will be undertaken to ensure compliance with set targets, In the implementation
of this Act, priotity will be given to identified areas with chronically malnourished, In measuring
the incidence of hunger, the key primary data sources will include national nutrition surveys,
survey of hunger incidence in the Philippines, the self-rated hunger indicator of the Social
Weather Stations, and household surveys of the National Statistics Office, namely the Family

Income and Expenditure Survey and the Annual Poverty Indicators Survey.

SECTION 11, Impact assessment—All proposed government actions, plans and projects,
including any development plan, will take into account the right fo adiquate food, and will undergo
an objective impact assessment prior to its adoption and implementation. The steps for this

objective impact assessment include:

(8) Screening ~identifyingproposals subject to impact assessment, and theit level of detail

(b) Scoping — identifying the issues and impacts that are likely to be significant for the effective
enjoyment of the right fo adequate food.

(©) Examination of alternatives ~ determining other options for achieving the same objectives as
those of the proposal,

(@) Impact analysis — identifying and predicting the likely social, economic, environmental,
andother related effects of the proposal.

(©) Mitigation and impact management — establishingmeasures necessary toavoid ot minimize
predicted adverse impacts, and to incorporate these into theproposal implementation plan.

(9) Impact statement or report ~assessmentof significant outcomes including a simplified summary
for public debate.

(@) Public consultation — seekingthe public’s input on matters affecting them.

(h) Review of the impact assessment report — determinig whether the reportidentifies all relevant

information on the possible impacts on the enjoyment of theright to adequate food, takes into


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consideration all potential social, economic, environmental and other effects ofthe proposal,
and contains concerns and comments of the potentially affectedpopulation, and all the
information necessary for decision-making,

@ Decision-making — approving ox rejecting the proposal, and establishing theterms and
conditions for its implementation.

@) Evaluation and monitoring — systematic determination of merit, worth and significance.

‘Any sttategic intervention aimed at ensuring the enjoyment of the right fo adequate food will

similarly undergo an objective impact assessment prior to its adoption and implementation,

SECTION 12, Institutional responsibilities —In implementing the right fo adequate food, the
Department of Agriculture will have the primary duty to ensure food availability, stability and
adequacy; the Department of Health will have the primary duty to ensure food quality and safety;
the Department of Trade and Industry will have the primary duty to ensure physical and
economic access to food; and the Department of Public Works and Highways will have the

primary duty to ensure well-functioning distribution, processing and market systems.

SECTION 13. Commission on the Right to Adequate Food—There is hereby created a
Commission on the Right to Adequate Food, an agency attached to the Philippine Commission

on Human Rights,

‘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 theit 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 (1) of them shall be a member of the

Philippine Bar.

‘The Chairperson and the Members of the Commission will not, during their tenure, hold any
other office or employment. Neither shall they engage in the practice of any profession, ot in the
active management of 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 sub-
divisions, agencies, or instrumentalities, including government-owned or controlled corporations

ot their subsidiaries.

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‘The Chairperson and the Members will be appointed by the President for a term of seven (7)
years, without reappointment. Appointment to any vacancy will be only for the unexpired term
of the predecessor.Of those first appointed, the Chairperson will hold office for seven (7) years,
a Commissioner for five (5) years, and another Commissioner for three (3) years, without
reappointment. Appointment to any vacancy shall be only for the unexpired 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 will receive the same salary and benefits
as the Chairperson and Members, respectively, of the Constitutional Commissions, which shall

not be decreased during their term of office.
‘The Commission on the Right to Adequate Foodwill have the following powers:

@) Receive complaints of violations of the right fo adequate food from individuals and groups;

(b) Investigate, of propio, orapon complaint by any party, all forms of violations of the right 0
adequate foods

(© Adopt operational guidelines and rules of procedure, and cite for contempt for their
violation, in accordance with the Rules of Court.

(A) Provide appropriate legal measures for the protection of the right fo adequate food of all persons
within the Philippines, as well as Philippine citizens residing abroad, and provide for
preventive measutes and legal aid services to the under-privileged whose right fo 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 o adequate food,to harmonize
existing laws affecting the right fo adequate food, to ensure their complementation, and the
availability of remedies for violation,s and compensation to victims of violations of the right
to adequate food

@ Monitor the Government's compliance with its obligations in regard to the right fo adequate
foods

(h) Request the assistance of any department, bureau, office or agency in the performance of its

functions;

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@ Appoint officers and employees in accordance with law; and

@) Perform such other duties and functions as may be provided by law.
In exercising its powers and duties, the Commission on the Right to Adequate Food will:

(@) Apply the human rights principles established by this Act;

(b) Work in close cooperation with representatives of civil society and take their views into
consideration;

(©) Use, to the fullest possible extent, the services, facilities and information, including statistical
information, of the relevant public and private bodies and organizations, to prevent

duplication of effort and expenses.

SECTION 14. Inter-Agency Council on the Right to Adequate Food:there is hereby
established an Inter-Agency Council on the Right to Adequate Food, which will be headed by
the Chairperson of the Commission on the Right to Adequate Food, and which will be

composed additionally of the following:

(@) A representative from the Department of Agriculture;

(b) A representative from the Department of Agrarian Reform;

(©) A representative from the Department of Health;

(@ A representative from the Department of Trade and Industry

(© A representative from the Department of Public Works and Highways;

(O A representative from the Department of Environment and Natural resources;
(@ A representative from the Department of Energy;

(h) A representative from the National Economic and Development Authority;

@) A tepresentative from the National Anti-Poverty Commission;

@) Two @) representatives of people’s organizations; and

(&) Two (2) representatives of non-governmental organizations
The council members are tasked to formulate programs and projects to provide strategic

interventions to respect, protect and fulfill the right o adequate food. The Council will also serve as

the monitoring body in regard to right o adequate food initiatives.

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The government agencies may designate their duly authorized representative to the Council:
Provided, ‘That such a representative shall have a rank not lower than an assistant secretary or its

equivalent.

Members of the Council who are representatives of people’s onganizations and non-
governmental organizations will be chosen by the Commission on the Right to Adequate Food
from a list of nominees provided by people’s organizations and non-governmental organizations
engaged in the promotion of the right fo adequate food. These memberswill attend Council
meetings, and will receive emoluments as may be determined by the Council, in accordance with

‘existing budget and accounting rules and regulations.

SECTION 15, Minimum amount of food—The Department of Social Welfare and
Development will ensure regular, reliable and timely delivery of a minimum amount of food to
any person who is suffering from hunger or undernutrition, or is at risk from suffering from
hunger or undernutrition. Implementing rules and regulations will be adopted setting the
minimum amount of food. ‘These implementing rules and regulations will 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. There will be a
simple and accessible application or certification procedure for the minimum amount of food
entitlement, as provided for in the implementing rules and regulations. There will be transparent,

fair and non-discriminatory eligibility or certification criteria.

Fair, independent and accessible recourse procedures to the Commission on the Right to
Adequate Food for complaints and appropriate remedies in case of a determined violation of the
right to adequate food, shall be established. ‘There will also be an appropriate monitoring and
evaluation mechanism in which the Department of Social Welfare and Development will report
to the Commission on the Right to Adequate Food 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 will be designed and
adopted to prevent or compensate for disadvantages that identified vulnerable persons ot groups
suffer from,in regard to the enjoyment of theit right to adequate food. ‘The Commission on the
Right to Adequate Food will review proposed support measures and, where necessary, will give

further guidance, so as to ensure that all groups are covered appropriately.

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SECTION 16. Emergencies—The Commission on the Right to Adequate Food, in
coordination with the National Disaster Coordinating Council, will have the duty to ensure that:

(@ 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 be compatible with the right to adequate food and. international

standards regulating emergencies.

(©) Requests for international assistance be initiated in case of necessity, alongside supervising

and coordinating distribution of food response received.

SECTION 17, Information—All government agencies, under the direction of the
Commission on the Right to Adequate Food, in coordination with the Philippine News Agency
and Philippine Information Agency, have a duty to:

(@) 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 fo adequate food.

(0) Use the most appropriate ways and methods of disseminating information, including by
providing information in oral ways, such as rural radio, and in local languages, notably in the

most marginalized areas and among populations with a high rate of illiteracy.

SECTION 18. Education and awareness raising—The Commission on the Right to
‘Adequate Food, in coordination with the Department of Education, Commission on Higher
Education and Technical Education and Skills Development Authority,willhave the duty to

ensure that:

(@) The school curriculum includes material related to food and nutrition education, the right /o

adequate food, and human rights principles.

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(b) Adult education and training program, when relevant, include material related to food and

nutrition, the right fo adequate food, and human tights principles.

SECTION 19. Intemational cooperation—TheCommission on the Right to Adequate Food,
in coordination with the Commission on Human Rights and the Department of Foreign

Affairs, will have the duty to:

(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; and

(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.
SECTION 10, Monitoring system —There will be an integrated monitoring system in which all
government agencies at all levels, under the supervision of the Commission on the Right to

Adequate Food, will:

(@) Collect data related to food and nutrition security, using monitoring methodologies and

processes consistent with human rights principles as established by thisAct;
(b) Disaggregate collected data by age, sex, status and groups
(©) Monitor progress achieved in the realization of the right o adequate food, ancl
(@ Establish or identify an easly warning mechanism,
SECTION 21. Representation and participation of people’s organizations and civil
society. To guarantee public participation, the Commission on the Right to Adequate Food has
the duty to ensure:
(@) Free and meaningful participation, including freedom of information and freedom of

association.

(©) Consultations on specific areas of implementation of thisAct.

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(© National public hearingsevery two (2) years, at which the Government is required to report
on progtess made with the implementation of thisAct, and the progressive realization of the

right to adequate food in the country.

SECTION 22. Penal Provisions—The penalty of prision mayorwill be imposed on any public or
private actor, who deliberately starves or denies access to food to any particular individual or

group, as through the commission of any of the following acts:

(a) Blockade;
Refusal to implement a food-related program;
pl P
(c) Discrimination in implementing a food-related program;
ip 4 Prog
(@) Negligence in implementing food-related programs, resulting in death;
(ec) Obstructing access to food in time of calamity or war;
iB )
() Theft, corruption ot black marketeering of food being given as humanitarian aid, in time of
calamity or war,
Distribution of expired, or unsafe food at a school feeding program or other feedin
P 1B prog 1
progtam, in time of calamity or war;
h) Contamination of food or water sources, through mining activities, aerial spraying of
e B praying
plantations, or any other similar means; and

(Other analogous acts.

[A fod blockade is an act of knowingly and wilfully cutting off food supplies from a particular atea

by force, either in part or totally

‘The penalty is imposable without prejudice to any other criminal, civil or administrative liability

underPhilippine law.

SECTION 23. Civil and Administrative Liabilities—Any public officer or employee who
directly ot indirectly obstructs, defeats, violates ot in any manner impedes ot impaits any of a
person’s tights guaranteed in this framework act, will be liable to this person for damages. Any
violation of a provision of this Actwhether committed by public or private actors, will similarly

give tise to liability fox damages.

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SS So. Geto:

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Teis hereby declared a miniéterial duty on the part of the Goverment to ensure the enjoyment
of the tights guaranteed in this Act and to perform the duties embodied in it. Appropriate cases
‘ay be filed before the courts to compel compliance with the provisions of this Act. These cases
willbe without prejudice to liability for damages, as well as administrative liability that may be

incurred.

SECTION 24. Appropriations —There will be an allocation in the annual budget specific and
sufficient resources for the purposes of the implementation of the right fo adequate food, in
secordance with priorities set by the Commission on the Right to Adequate Food. The allocation
will be aimed at the progressive realization of the right fo adequate food over the long term, Every
Person’s right to be free from hunger can never be deviated from by temporary or permanent

cutbacks,

SECTION 25. Implementing Rules and Regulations —The Commission on Human Rights
willissue 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
on Human Rightswill take the lead and will coordinate with the Department of Agriculture,
Department of Agrarian Reform, Department of Social Welfare and Development, Department
of Health, Department of Trade and Industry, Department of Public Works and Highways,
National Economie and Development Authority, and National Anti-Poverty Commission, and
with the active participation of people's organizations and human tights nongovernmental

otganizations,

SECTION 26. Rationalization of policies—All existing policies, laws, decrees, executive
orders, memorandum orders, memorandum circulars, administrative orders, and ordinances will

be rationalized in accordance with the right fo adequate fond, as provided for by this Act.

Tavs affecting the realization of the right to adequate food will be interpreted in a way compatible
with the right to adequate food and this Act.

“The cabinet sectetaries concerned and other executive authorities will report at regular intervals,
to the Commission on the Right to Adequate Food, on legislative and regulatory measures that
have been elaborated and adopted, and the time frames within which theyare envisaged to

achieve their objectives,

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SECTION 27. Separability clause-—If any part or provision of this Act will be declared

unconstitutional or invalid, the other provisions not affected will remain in full force and. effect.
SECTION 28. 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 ot

modified accordingly.

SECTION 29. Bffectivity—This Act will take effect fifteen (15) days after its publication in at

least two (2) newspapers of national circulation.

Approved,

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