Republic of the Philippines:
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4649
HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Food insecurity is measured through a household's experience of anxiety over food
‘sources and hunger’. More than 8 million rated themselves as “food poor’ on a survey?
and the country's food insecurity status from 2001 remains high. This has led to the
worsening of the malnutrition problem among Filipinos—the Philippine is top among
ASEAN countries in the ranking of Child Wasting, or children who have acute
malnutrition.

At the last quarter of 2018, some 2.4 million Filipino families experienced involuntary
hunger. Despite being rich in agricultural resources, the Philippines remains to be food
insecure® and the top ASEAN country for undernourishment*. Hunger, poverty and
food security are closely related—a high incidence of poverty conventionally equates
to higher food hunger incidence. Although hunger rates have lowered compared to the
past, there is still much to go on for food security in the country. No Filipino deserves
to go hungry.

To address this, this legislation seeks to make it a State obligation to ensure access

RNRLDOST. Accessed July 15,2019. htps:/pia gov ph feature/rtiles/1020538

2 Villanueva, Rhine. Osiber 17,2018. Pilppine Star. Accessed July 15,2019,

hnup: ww pita comfhealines/2018/10/17/1860727 nake-foo-acouriy rior

"Mera Nei Arn, Apa 25, 201, Pipin une ate dps 82019 'SWS". Inquirer.net Accesed July 15,2019,

nips /newsinf inquirer ne/111044S/pilippine-hunger-rate-dropain-q-2019-4w

‘Dy, Rolando January 28,2019, "Whereis the Philippines in Oletal Hunger in ASEANTT. Business Wold Accessed Jy 18,2019,
‘nnpa/www boron com/where--the philippines -in-aobsl-hinger-in-scan!

$ Philippine Star October 17,2018, Aecested July 15,2019, hip: /www phistarcon/eadnes/2018/10/1771860952/philippines-moves-
elobal-food-seourty-index



to food, its availability and adequacy, and provide a comprehensive legal framework
to harmonize Philippine laws on the right to adequate food, clarify standards and
prohibit violations against it.

The bill proposes to create the Commission on the Right to Adequate Food in charge
of administering and overseeing the implementation of the said measure. It sets
percentage targets on the reduction of hunger and aims for a zero incidence of hunger,
obligating the country to act on the promise of reducing hunger. This bill also does not
forgive lightly those who deliberately starve or deny access to food to anyone or any
group by providing for penalties.

The approval of this bill, filed as a counterpart to Senator Poe's version in the Senate,
is earnestly sought.

LUIS “LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines:
HOUSE OF REPRESENTATIVES
Que3on City

EIGHTEENTH CONGRESS
First Regular Session

House BiLt no, 1649

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PROVIDING A FRAMEWORK FOR THE RIGHT TO ADEQUATE FOOD

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Right to Adequate Food
Act of 2019”.

SECTION 2. Declaration of Policy. 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 of
legal entitlement. Hunger is inconsistent with human dignity and human rights, and
must be eliminated. The aim of this Act is to provide a framework, within which hunger
will be addressed in an organized way, and through which hunger may be ended

SECTION 3. Definition of Terms. - As used in this Act, the following terms shall be
defined as follows:

a.) Accessibility — refers to the capacity of individuals to produce or procure
food, and the removal of barriers which prevent such access. It
encompasses economic and physical accessibility:


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

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

b.) Adequacy — refers to the presence 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 to the accessibility of such food

in ways that are sustainable, and which do not interfere with the enjoyment
of other human rights:

1.

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.

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.

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 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.


4. Sustainability refers to the availability, adequacy, and
accessibility for both present and future generations, in a manner
which does not jeopardize the environmental balance.

c.) 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;

d.) Council — refers to the Inter-Agency Council on the Right to Adequate Food
created under this Act;

e.) Food — refers to nourishment that includes solid, liquid and semi-liquid
nourishment, as well as drinking water;

£.) Food blockade - refers to a knowing and willful effort to cut off food supplies
from a particular area by force either in part or in total.

g.) Hunger — refers to a spectrum of situations, from starvation, which is not
having enough food of any sort to eat, to undernourishment, which is having
enough food to eat, but of inadequate quality;

h.) 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 and sufficient food, corresponding
to the cultural traditions of the people, to which he or she belongs, and which
ensure a physical and mental, individual and collective, fulfilling and
dignified life, free of fear;

Vulnerable groups — refer to those who are particularly disadvantaged.

These include indigenous peoples, ethnic, linguistic or religious minorities,

persons with disabilities, individuals living with HIV/AIDS, refugees and

internally displaced people, women and children;

ARTICLE II
GENERAL PRINCIPLES

SECTION 4. General Principles. - The principles upon which the provisions of this
Act are founded, and which must be observed in the process of realizing the right to
adequate food, are:


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

b.) Empowerment. - People have the 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 the framework
act, the empowerment principle entails the inclusion of specific provisions
on awareness-raising, capacity-building and right to adequate food
education;

c.) Human dignity. - \t is the absolute and inherent worth that persons have,
simply because they are human, not by virtue of any social status or
particular powers. The framework act recognizes in an unequivocal form
that every person has a right to adequate food. To comply with this principle
in ihe implementation of the framework act, the State, through its public
Officials, treats persons equally and respects their human worth and dignity;

d.) Non-discrimination. - It is a level of 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 framework act, it means paying particular
attention to those groups that cannot enjoy their rights as fully as others;

e.) Participation. - People are 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 where necessary;
f.

Rule of law. - It means that governmental 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 the
framework 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;
and

g.) Transparency. - It is open access by the public to timely and reliable
information on the decisions and performance of public authorities. Holders
of public office should be 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 the framework
act means that right-holders are provided with essential information about
the decision-making process and those accountable and responsible for it
Right-holders 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 maladministration;

ARTICLE Ill
THE RIGHT TO ADEQUATE FOOD

SECTION 5. The Right to Adequate Food. —

a.) Every person has a right to be free from hunger. Every person suffering
from hunger or undernourishment, or at risk of suffering from hunger or
undernourishment, is entitled to a minimum amount of food according to
his or her age, sex, health status and occupation;

b.) Every person has the right to live in conditions that enable her or him to:


1. Feed herself or himself directly from productive land or other natural
resources, or rely on well-functioning distribution, processing and
market systems, or both;

2. Be financially able, not only to acquire a sufficient quantity and quality
of food, but also to satisfy her or his other basic needs;

3. 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 insecurity;

4. 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

5. Access foods or diets that are the most appropriate under given
circumstances, in terms of their nutritional value and cultural
acceptability.

c.) Every girl and boy has a right to adequate food and nutrition adequate
for her or his age, allowing her or him to grow and develop;

d.) 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.

SECTION 6. 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 his or her right to adequate
food, is unlawful and will be sanctioned in accordance with the 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

SECTION 7. Interpretation of the Right to Food. - The right to adequate food is
realized when every Filipino has equal 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 food shall be
interpreted based on the elements of availability, accessibility, and adequacy as
defined in this Act.

SECTION 8. Interrelation with Other Rights. — The right to adequate food is
interrelated with and indivisible from other rights recognized under the Constitution,
and domestic and international law. No provision of this Act may be construed as a
bar to the exercise of other rights.

ARTICLE V
STATE OBLIGATIONS

SECTION 9. The State as Duty Bearer. - The State, as the primary duty-bearer of
this Act, has the duty to respect, protect and fulfill the right to adequate food. To this
end:

a.) It is the duty of the State 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;


b.) Itis the duty of the State 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 on the right to adequate food of others; and

¢.) It is the duty of the State to facilitate the enjoyment of the right to
adequate food by adopting or pursuing appropriate policies and
measures, in a manner that will foster and promote the human right to
adequate food and to create and maintain conditions under which every
person can freely and regularly enjoy her or his right to adequate food.
It is equally the duty of the State to provide the 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.

SECTION 10. Duties of State Agencies and Instrumentalities. - These duties of
the State shall extend to all state agencies, offices, and instrumentalities at all levels
and government-owned and controlled corporations, subject to the Constitution and
pertinent laws, policies, or administrative guidelines that define specific duties of state
agencies and entities concerned

In particular, the following agencies shall the have the following duties and
responsibilities, in addition to those existing under the Constitution and pertinent laws,
policies, or administrative guidelines:

a.) The Department of Agriculture will have the primary duty to ensure food
availability, stability and adequacy;

b.) The Department of Health will have the primary duty to ensure food quality
and safety;


c.) The Department of Trade and Industry will have the primary duty to ensure
physical and economic access to food; and

d.) The Department of Public Works and Highways will have the primary duty
to ensure well-functioning distribution, processing and market systems.

SECTION 11. Targets. - Towards the achievement of the objectives of this Act, the
Government will ensure that in two and a half years, the incidence of hunger will be
reduced, from the level current at the time of the passage of the framework act, by 25
percent; in five years, it will be further reduced by 25 percent; in seven and a half
years, it will be further reduced by 25 percent; and in I0 years, zero hunger will be
achieved.

The Government will also ensure that in 10 years, land devoted to food
production will be increased to 50 percent of all prime agricultural land in every region,
and that the following indicators will considerably and steadily increase over the same
10 years, together with other structural and process indicators, as may be determined
in the implementing rules and regulations of this framework 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 aiming 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 agriculture land;

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.

Periodic reviews will be undertaken to ensure compliance with set targets. In the
implementation of this framework act, priority will be given to identified areas with
chronically malnourished individuals. in measuring the incidence of hunger, the key
primary data sources will include:

a.) The National Nutrition Survey (NNS);

b.) the self-rated hunger indicator of the Social Weather Stations (SWS);

c.) household surveys of the Philippine Statistics Authority (PSA), namely
the Family Income and Expenditure Survey (FIES) and the Annual
Poverty Indicators Survey (APIS); and

d.) Such other reputable indicators and indices as may be created or
recognized domestically or internationally.

There shall be authorized to be appropriated such amounts as necessary to carry out
the provisions of this provision Act, to be included in the annual budget of the Food
and Nutrition Institute and the Philippine Statistics Authority in the General
Appropriations Act.

SECTION 12. Impact Assessment. ~ All proposed government actions, plans and
projects, including any development plan, will take into account the right to adequate
food, and will undergo an objective impact assessment prior to its adoption and
implementation. The steps for this objective impact assessment include:

€.) Identification of proposals subject to impact assessment, and their level
of detail;

b.) Identification of the issues and impacts that are likely to be significant for
the effective enjoyment of the right to adequate food;

c.) Determination of options for achieving the same objectives as those of
the proposal;


d.) Identification and prediction of the likely social, economic,
environmental, and other related effects of the proposal;

e.) Establishment of measures necessary to avoid or minimize predicted
adverse impacts, and to incorporate these into the proposal
implementation plan;

f.) Assessment of significant outcomes including a simplified summary for
public debate.

g.) Public consultation;

h.) Determination of whether the report identifies all relevant information on
the possible impacts on the enjoyment of the right to adequate food,
takes into consideration all potential social, economic, environmental
and other effects of the proposal, and contains concerns and comments
of the potentially affected population, and all the information necessary
for decision-making;

i.) Approval or rejection of the proposal, and establishing the terms and
conditions for its implementation; and

j.) Systematic determination of merit, worth and significance.

Any strategic intervention aimed at ensuring the enjoyment of the right to adequate

food will similarly undergo an objective impact assessment prior to its adoption and
implementation.

ARTICLE VII
THE INTER-AGENCY COUNCIL ON THE RIGHT TO FOOD

SECTION 13. Inter-Agency Council on the Right to Adequate Food. - To facilitate
inter-agency cooperation to fulfill the objectives if this Act, there is hereby established
an Inter-Agency Council on the Right to Adequate Food, which will be composed of
the following agencies and representatives:

a.) The Commission on Human Rights, as Chairperson;
b.) Department of Agriculture;
c.) Department of Agrarian Reform;


d.) Department of Health;

e.) Department of Trade and Industry;

f.) Department of Public Works and Highways;

g.) Department of Social Welfare and Development;
h.) National Economic and Development Authority;
i.) National Anti-Poverty Commission;

j.) Two representatives of people's organizations;

k.) Two representatives of non- governmental organizations

The council members who are representatives of people’s organizations and non -
governmental organizations will be chosen by the Council from a list of nominees
provided by people's organizations and non- governmental organizations engaged in
the promotion of the right to adequate food.

The council members are tasked to formulate programs and projects to provide
strategic interventions to respect, protect and fulfill the right to adequate food. The

council will also serve as the monitoring body in regard to right to adequate food
initiatives.

The council members that are government agencies may designate their duly
authorized representative, who will have a rank not lower than an assistant secretary
or its equivalent. These members will 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 14. Powers and Functions of the Council. — The Council shall have the
following powers and functions:

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

b.) Review and refer to the CHR complaints of violations of the right to
adequate food;


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

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

e.) 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:

f.) Monitor the Philippine Government's compliance with its obligations in
regard to the right to adequate food;

g.) Appoint officers and employees in accordance with law; and

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

In exercising its powers and duties, the Council shall:
a.)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; and
c.)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 15. Authority of the Chairperson. - The Chairperson of the Council may
call upon other instrumentalities or entities of the government and nongovernment and

civic organizations for assistance in terms of the use of their facilities and resources

towards the achievement of the objectives of this Act and its corresponding rules and
regulations.

SECTION 16. Minimum Amount of Food. — Within one (1) year from the effectivity
of this Act, Council shall issue guidelines on the minimum amount of food for persons
who are suffering from hunger or undernourishment, or are at risk from suffering from
hunger or undernourishment, but who cannot take care of their own needs, due to
reasons beyond their control, including, but not limited, to children whose parents die

15


or disappear, or otherwise no longer take care of them, elderly, and persons with
disabilities. The guidelines shall include:

1.) 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;

2.) 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

3.) A relief mechanism to ensure that such individuals are provided with their
minimum food requirement.

Specific support measures will be designed and adopted to-prevent or compensate
for disadvantages that identified vulnerable persons or groups suffer from, with regard
to the enjoyment of their right to adequate food.

SECTION 17. Emergencies. - The Council, in coordination with the National Disaster
Risk Reduction and Management Council, 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 international standards regulating emergencies; and

¢.) Requests for international assistance are initiated in case of necessity,
alongside supervising and coordinating distribution of food response
received.

SECTION 18. Information. - All government agencies, under the direction of the
Council, in coordination with the Philippine News Agency and Philippine Information
Agency, have a duty to:


a.) Inform the population about the rights established in this framework act and
about 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,
including by providing information in oral ways, and in local languages,
notably in the most marginalized areas and among populations with a high
rate of illiteracy,

SECTION 19. Education and Awareness Raising. - The Council, in coordination
with the Department of Education, Commission on Higher Education and Technical
Education and Skills Development Authority, will have the duty to 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.) Adult education and training programs, when relevant, include material
related to food and nutrition, the right to adequate food, and human rights
principles.

SECTION 20. International Cooperation. - The Council, in coordination with 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 21. Monitoring System. - There will be an integrated monitoring system

in which all government agencies at all levels, under the supervision of the Council
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, status and group;

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

d.) Establish or identify an early warning mechanism.

The Commission shall also establish fair, independent and accessible recourse
procedures for complaints and appropriate remedies in case of a determined violation
of the right to adequate food.

SECTION 22. Representation and Participation of People’s Organizations and
Civil Society. - To guarantee public participation, the Council shall ensure the
following:

a.) Free and meaningful participation, including freedom of information and
freedom of association;

b.) Consultations on specific areas of implementation of this framework act; and

Cc.) National public hearings every two years, at which the Government is
required to report on progress made with the implementation of this
framework act, and the progressive realization of the right to adequate food
in the country.

ARTICLE IX
MISCELLANEOUS PROVISIONS

SECTION 23. 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 to adequate food, as
provided for by this framework act. Laws affecting the realization of the right to
adequate food will be interpreted in a way compatible with the right to adequate food
and this framework act.


The cabinet secretaries concerned and other executive authorities will report, at
regular intervals, to the Council, on legislative and regulatory measures that have been
elaborated and adopted, and the time frames within which they are envisaged to
achieve their objectives.

SECTION 24. Penal Provisions. - The penalty of prision mayor will be imposed on
any public or private actor, who deliberately starves or denies access to food to any
particular individual or group, through the commission of any of the following acts:

a.) Food blockade;

b.) Refusal to implement a food-related program;

C.) Discrimination in implementing a food-related program;

d.) Negligence in implementing food-related programs;

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;

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

i.) Other analogous acts.

The penalty is imposable without prejudice to any other criminal, civil or administrative
liability under Philippine law.

SECTION 25. 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 to this
person for damages.

Any violation of a provision of this framework 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 framework act. Appropriate cases may be
filed before the courts to compel compliance with the provisions of this act. These
cases will be without prejudice to liability for damages, as well as administrative liability
that may be incurred.

SECTION 26. Appropriations. = There shall be authorized to be appropriated such
amounts as necessary to carry out the provisions of this Act. Afterwards, such sums
as may be necessary for the continued implementation of this act shall be included in
the annual General Appropriations Act.

There will be an allocation of 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 long term. Every person's right to be free from hunger can
never be deviated from by temporary or permanent cutbacks.

SECTION 27. Reportorial Requirements. — The Council shall submit quarterly and
annually reports to the Office of the President, the Senate of the Philippines, the House
of Representatives, on the status implementation of this Act and the achievements
thereof.

SECTION 28. Implementing Rules and Regulations. —- The Commission on Human
Rights will issue the necessary rules and regulations to implement the provisions of
this act within thirty (30) days from its effectivity, in coordination 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 Economic and Development Authority, and
National Anti-Poverty Commission, and peopte's organizations and human rights
nongovernmental organizations actively involved in promoting the right to food and its
components as defined in this Act.

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SECTION 29. Separability Clause. — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law of the provision not otherwise affected shall
remain valid and subsisting.

SECTION 30. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to, or inconsistent with, the provisions of this Act is hereby repealed, modified or

amended accordingly.

SECTION 31. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,

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