Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City bee DAT EBIL 2p 22 f

~
NINETEENTH CONGRESS

First Regular Session

HOUSE BILL No. 2189

introduced by Rep. Ray Florence

EXPLANATORY NOTE

The Philippines’ tropical climate makes it a prime location for agriculture. Our
farmlands are fertile, rich, and best suited for growing staple crops such as rice,
vegetables, and fruit.

Despite being an agricultural country, however, a survey done by the Social
Weather Stations (SWS) reports that 2.5 million Filipino families have experienced
involuntary hunger at the end of 2021.

Article Il, Section 11 of the 1987 Constitution states that ‘The State values the
dignity of every human person and guarantees full respect for human rights." Access
to nutritious food and clean drinking water is an inalienable human right for all. 2.5
million Filipino families suffering from hunger does not align with policies expressly
stated in the Constitution which we uphold.

It is our duty as representatives of the people to address, not just the instances
of hunger but, the lack of healthy food available to all — at a fair price point.
Vulnerability, underdevelopment and isolation of certain areas, and poverty are key
factors which can hinder one's access to food. Not to mention natural disasters,
conflicts, pandemics, global recessions and other variables beyond our control can
affect food supply as well

Similar to the measure filed by Sen. Riza Hontiveros in the 18th Congress, this
bill seeks to address, not just hunger plaguing millions of Filipino families but, the
problems of undernourishment and malnourishment through the creation of a
Commission on the Right to Adequate Food. It is also the goal of this bill to address
food security and assure its longevity for Filipinos through inter-agency, civil, and
sectoral cooperation.

The immediate passage of this bill is earnestly sought.

Representétive, AnaKalusugan Partylist

” RECEIVED aN

y

I



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2189
Introduced by Rep. Ray Florence T. Reyes

AN ACT ENSURING ZERO HUNGER FOR ALL FILIPINOS

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

SECTION 1. Short Title - This Act shall be known as “Ensuring Zero Hunger for
All Filipinos.”

SECTION 2. Declaration 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 the Convention
on the Elimination of All Forms of Discrimination Against Women, to which the
Philippines is a State Party, it is hereby declared the policy of the State to guarantee
the right to adequate food

Article II of the 1987 Constitution states:

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.

Article 11 of the International Covenant on Economic, Social and Cultural Rights
provides:

1. The States Parties to the present Covenant recognize the right of everyone
to an adequate standard of living for himself and his family, including
adequate food, 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 internal cooperation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental
right of everyone to be free from hunger, shall take, individually and through
international co-operation, the 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 the 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.

Freedom from hunger is a fundamental entitlement of every Filipino, but it remains a
significant challenge in the country, with official statistics showing an increase in the
incidence of hunger among Filipinos during the COVID-19 pandemic.

Hunger is inconsistent with the principles of equity, social justice and improved quality
of life enshrined in the 1987 Constitution and with human dignity and human rights,
and must be eliminated.

The Philippines has committed itself to end hunger and eradicate poverty by 2030, as
part of the Sustainable Development Goals.

One of the objectives of the Philippine Development Plan 2017-2022 is to reduce
poverty significantly.

There is a pressing need to reexamine and calibrate government policy to
comprehensively eliminate hunger.

The whole of government must take positive steps toward ending hunger
progressively in a coherent, accountable, transparent and organized manner, with the
active participation of the population and without any form of discrimination.

Adequate food is not a matter of charity, but a 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.

SECTION 3. Freedom from Hunger. - Every person has a right to be free from
hunger. Hunger refers to a condition in which people do not get enough food to eat to
provide the necessary nutrients for a fully productive, active and healthy living due to
the 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. It is also a condition of
starvation, which is not having enough food of any sort to eat, or undernourishment,
which is having food but of inadequate quality. Every person suffering from hunger or


malnutrition or at risk of suffering from hunger or undernutrition is entitled toa minimum
amount of food according to one’s age, sex, health status and occupation, as provided
for in Section13.

SECTION 4. Condition to Remain Free from Hunger. - For every Filipino to remain
free from hunger, s/he must live in conditions that will enable him/her:

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

b) To 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, such as an economic or climactic crisis, or one that is brought about by
a national health emergency such as the COVID-19 pandemic, or one that
caused the intemal displacement of people, or cyclical events, such as
seasonal food scarcity;

CS)

d

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

To access food or diet that is the most appropriate under given circumstances,
in terms of their nutritional value and cultural acceptability.

e

f)

All Departments and attached agencies and bureaus shall ensure that their
rules and regulations, plans and programs, activities and projects are focused
on creating and/or maintaining the above conditions.

SECTION 5. Eradication of Hunger by 2030. - The State shall ensure that, in two-
and-a-hallf (2 %) years after the effectivity of this Act, the incidence of hunger will be
reduced by twenty-five percent (25%) from the level recorded at the time of the
passage of this Act. Provided, That five (5) years after the effectivity of this Act, such
incidence of hunger will be further reduced by twenty-five percent (25%): Provided,
further, That in seven-and-a-half (7 1) years, it will be further reduced by twenty-five
percent (25%): Provided, finally, That by 2030, there shall be zero incidence of hunger.

SECTION 6. Fully Integrated Whole of Government Approach to Eradicate
Hunger. - To eliminate hunger by 2030, the State adopts a comprehensive whole-of-
government approach to policy and plan development and implementation, program
management and service delivery. All Departments and their attached agencies and
bureaus shall work together across portfolio boundaries to achieve an integrated
government response to eliminate hunger. In particular, all departments and their
attached agencies shall:

a) Plan, program and budget in conjunction with each other;


b)

©)

Collaborate in the review, design and delivery of policy, programs and services;

Coordinate and communicate through formal and informal channels toward
more timely and effective implementation of policy decisions;

d

Implement policies in an integrated manner;

€) Share information and data and cooperate in knowledge management;

f) Effectively align policies, programs, activities and projects;

g
h

Share reporting duties; and

Engage with civil society organizations, businesses and the private sector, and
ensure their active participation in policy, plan and program design and
implementation

SECTION 7. Commission on the Right to Adequate Food. - There is hereby
created a Commission on the Right to Adequate Food, hereinafter referred to as the
Commission, which shall be attached to the Office of the President.

The Commission shall be the primary policy-making and coordinating body to
guarantee full exercise of the right to adequate food. It shall exercise monitoring and
‘oversight functions, apply human rights principles, conduct objective impact
assessment on all government policies, programs and projects prior to adoption and
implementation, work in close cooperation, and coordination with relevant government
agencies and in consultations with civil society organizations and the private sector,
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 (NFP) and implement programs of action to
eradicate hunger, achieve food security, improve nutrition and promote sustainable
agriculture. In coordination with relevant government agencies and in consultation with
civil society organizations and the private sector.

The Commission on the Right to Adequate Food 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;

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
under-privileged 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;

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

Evaluate key programs of agencies and monitor agency local and national
government compliance with obligations in regard to the right to adequate food;

g.

h) Together with the DBM, lead the conduct of national-local or inter-local
convergence planning and budgeting pertaining to programs implementing right

to adequate food and security;

i) Request the assistance of any Department, bureau, office or agency in the
performance of its functions;

}) Appoint officers and employees in accordance with law; and
k) 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
forty-five (45) 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 must be a member of the Philippine Bar.

The Chairperson and Members of the Commission shall not, during their tenure, hold
any other office or employment. Neither shall they engage in the practice of any kind
of 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 shall 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 hold office for ten (10) years, another
Member shall be appointed as Commissioner for seven (7) years, and another shall
be appointed Commissioner and shall serve for five (5) years, without reappointment.
‘A Member who shall be appointed to fill a vacancy shall serve only the unexpired
portion of the term of the predecessor. In no case shall any Member be appointed or
designated in a temporary or acting capacity.

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

SECTION 8. Representation and Participation of People’s Organizations, Civil
Society, Business and Private Sector. ~ The whole-of-government approach


requires genuine and meaningful participation of people's organizations, civil society,
business, and the private sector. To this end, all departments and their attached
agencies and bureaus shall involve civil society and other stakeholders in the review,
reform, formulation and implementation of policies, plans, programs, activities, and
projects to end hunger by 2030.

To guarantee public participation, the Commission on the Right to Adequate Food
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;

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

SECTION 9. Priority Attention. — Priority attention shall be given to the following
individuals, groups and communities, who are particularly vulnerable to hunger and
starvation:

a) Physiologically and clinically vulnerable persons, such as those afflicted with
COVD-19 and others with co-morbidities; children, particularly those from zero
to twenty-three (23) months of age; pregnant women and lactating mothers;
persons with disabilities; chronically-ill persons and older persons (senior
citizens);

b) Geographically disadvantaged persons such as persons living in remote and
isolated, very poor or underdeveloped areas; and

c)

Economically vulnerable persons, such as small farmers, artisanal fisherfolk,
street children, urban poor, people with disabilities, unemployed persons,
indigenous peoples, ethnic, linguistic or religious minorities, and internally
displaced persons.

SECTION 10. Planning, Programming, and Budgeting. — Policies, laws, rules,
regulations, plans, programs, activities and projects shall be directed towards
achieving four objectives: (a) guarantee stable and sustainable food supply for current
and future generations; (b) ensure affordable food; (c) secure adequate nutrition; and
(d) assure food safety and consumer protection.

The National Economic and Development Authority (NEDA) shall develop and issue
Planning Guidelines that incorporate the whole-of-government approach and focus on
achieving these objectives. When issuing annual budget calls, the Department of


Budget and Management (DBM) shall incorporate the whole-of- government approach
to achieve these objectives and eradicate hunger by 2030. Towards this end, NEDA
and DBM, together with the Commission shall lead and/or provide platforms for the
conduct of national-local and inter-local planning and co-financing budgeting
processes.

Local government units shall likewise incorporate in their development programs,
programs addressing objectives under Section 10 of this Act.

SECTION 11. Review and Rationalization of Existing Policies, Laws, Rules,
Regulations, Plans, Programs, Activities and Projects. - Policies, laws, rules,
regulations, plans, programs, activities and projects relevant to the eradication of
hunger shall be reviewed and rationalized to comply with the integrated policy and
planning objectives;

a) To guarantee stable and sustainable food supply for current and future
generations, the following Departments and agencies, with the participation of
civil society organizations, business and the private sector, shall jointly review,
and if necessary, jointly rationalize all policies, laws, rules, regulations,
programs, activities and projects related, but not limited, to: (i) agricultural and
fisheries production, (ii) trade in agricultural and food products, (ii) drought,
crop failure and disaster management, (iv) market system including small-scale
local and regional markets, particularly marketing, storage, transportation,
communications and distribution system, (v) watershed management, control
of deforestation and enhancement of national forest cover, (vi) sustainability of
productive resources and natural assets for food generation or production, (vii)
weather variability and climate change, (viii) monitoring of food stocks for food
storage and distribution, including measures against spoilage, food leakage
and corruption, (ix) security of land tenure, including mechanisms for adequate
resettlement, compensation and rehabilitation for persons, families, groups or
communities forcibly evicted, (x) farmers’ rights to save, reuse, exchange and
sell seeds and plant genetic resources, including safeguards for domestic
seeds and plant varieties against importation and use of terminator seeds, seed
pricing standards, seed databanking, (xi) agricultural research, training and
technology,(xii) investments in agriculture and public spending on agriculture,
fisheries, agrarian reform, and environmental protection (xiii) agrarian reform,
land demarcation and land distribution, (xiv) environmental protection, and (xv)
domestic and international food aid and disaster relief:

1. Department of Agriculture (DA)
. Bureau of Fisheries and Aquatic Resources (BFAR)
. Department of Agrarian Reform (DAR)

Department of Environment and Natural Resources (DENR)
. Department of Trade and Industry (DT!)

2aArRON

Department of Public Works and Highways (DPWH)


7. Department of Transportation (DOTr)

8. Department of Information and Communications Technology (DICT)
9. Department of Energy (DOE)

40. Department of Finance (DOF)

11. Department of Foreign Affairs (DFA)

12. Department of Social Work and Development (DSWD)

13. Department of the Interior and Local Government (DILG)

14. Department of Budget and Management (DBM)

15. Department of Science and Technology (DOST)

16. Department of National Defense (DND)

17.National Economic and Development Authority (NEDA)
18.National Commission on Indigenous Peoples (NCIP)

19. Philippine Commission on Women (PDW)

20.National Youth Commission (NYC)

21.Climate Change Commission (CCC)

22. National Disaster Risk Reduction Management Council (NDRRMC)
23.Local Government Units

b) To ensure affordable food, the following Departments and agencies, with
the participation of civil society organizations, business and the private
sector, shall jointly review, and if necessary, jointly rationalize all policies,
laws, rules, regulations, programs, activities and projects related, but not
limited, to (i) regulation and monitoring of volatilty/stability of food prices, (i)
chronic food poverty, (ii) mobilization of domestic public and private
savings, (iv) unfair competition/uncompetitive practices in the market, (v)
adequate consumer protection against fraudulent market practices,
misinformation and unsafe food, (vi) climate change adaptation and
mitigation, (vii) transportation costs, traffic, ports and highways, (vii) oil price
monitoring, (ix) food supply monitoring, (x) taxes on consumption, (xi)
protection of labor and access to labor, including standards for living wage
and decent standards of living (xii) social transfer scheme, subsidies, or
food safety nets, and (xiii) public feeding programs:

. Department of Agriculture (DA)
. Bureau of Fisheries and Aquatic Resources (BFAR)
. Department of Agrarian Reform (DAR)

FenNn =

Department of Environment and Natural Resources (DENR)


Department of Trade and Industry (DT!)
. Department of Energy (DOE)

Department of Finance (DOF)

Bangko Sentral ng Pilipinas (BSP)

Department of Public Works and Highways (DPWH)
10.Department of Transportation (DOTr)
11. Department of Information and Communications Technology (DICT)

©CONOa

12. Department of Health (DOH)

13. National Nutrition Council - Department of Science and Technology
(NNC-DOST)

14.Department of the Interior and Local Government (DILG)
15. Department of Social Work and Development (DSWD)
16. Department of Education (DepEd)

17. Department of Labor and Employment (DOLE)

18. National Economic and Development Authority (NEDA)
19. National Commission on Indigenous Peoples (NICP)
20. Philippine Commission on Women (PCW)

21. National Youth Commission (NYC)

22, Climate Change Commission (CCC)

23.Philippine Information Agency (PIA)

24. Philippine News Agency (PNA)

25.Local Government Units

¢) To secure nutrition adequacy, the following Departments and agencies, with
the participation of civil society organizations, business and the private
sector, shall jointly review, and if necessary, jointly rationalize all policies,
laws, rules, regulations, programs, activities and projects related, but not
limited, to: (i) the minimum amount of food entitlement for each individual,
including exact quantity of calories, proteins and micronutrients according
to age, sex, health status and occupation of a person, (ii) breastfeeding and
breast milk substitutes, (iii) hidden hunger (undernutrition and malnutrition)
and chronic food poverty, (iv) nutrition education and awareness, (v) public
nutrition programs, (vi) public nutrition supplement programs, (vii) food
labelling, (viii) food fortification, (ix) genetically modified organisms or
genetically engineered food products, (x) climate change adaptation and
mitigation, and (xi) food cultural acceptability programs (including, among



others, labelling, distribution programs for indigenous peoples and ethnic,
linguistic or religious minorities):

1. Department of Health (DOH)

2. National Nutrition Council - Department of Science and Technology
(NNC-DOST)
3. Food Nutrition and Research Institute - Department of Science and
Technology (FNRI-DOST)
. Department of Science and Technology (DOST)

Department of Education (DepEd)

. Department of Social Work and Development (DSWD)

4.
5.
6. Department of the Interior and Local Government (DILG)
7
8. Department of National Defense (DND)
9

. Department of Energy (DOE)
10. National Economic and Development Authority (NEDA)
14.Climate Change Commission (CCC)
12. National Disaster Risk Reduction Management Council (NDRRMC)
13.National Commission on Indigenous Peoples (NCIP)
14. Philippine Commission on Women (PCW)
15. National Youth Commission (NYC)
16. Philippine Information Agency (PIA)
17.Philippine News Agency (PNA)
18.Local Government Units

d) To assure food safety and consumer protection, the following Departments
and agencies, with the participation of civil society organizations, business
and the private sector, shall jointly review, and if necessary, jointly
rationalize all policies, laws, rules, regulations, programs, activities and
projects related, but not limited, to (i) measures against contamination or
adulteration of food, (ii) control of contamination from agricultural, industrial
or other pollutants in the production of food, (iii) safety standards for food
production, processing, storage, distribution and preparation, (iv) monitoring
and regulation of food processing and handling technologies, (v) monitoring
and control of emerging food-borne pathogens or microorganisms, (vi)
monitoring of misuse and abuse of pesticides and herbicides, (vii)
monitoring and surveillance of food and water-borne diseases, (viii)
regulation and monitoring of preparation and serving of street-vended food,
(ix) monitoring, regulation and standards for water quality for irrigation and
ingestion (drinking), (x) food regulatory powers, (xi) food safety and



consumer protection advocacy, education, research and implementation of
related laws and regulations, (xii) effective and integrated food control
system including complementary measures for agriculture and fisheries
(fresh produce), the food industry including food manufacturers and
establishments, food distribution and retail outlets, and the food service
sector including restaurants, caterers, street vendors and consumers, (xiii)
monitoring, supervision and regulation of genetically modified organisms or
genetically engineered food production, storage, distribution and marketing
and impact on health, environment (including potential for genetic
contamination or genetic pollution of plant species), soil, and issues arising
from intellectual property ownership associated with creating new crops and
food, labelling, and pre-market testing, (xiv) hidden hunger (undernutrition
and mainutrition) and chronic food poverty, (xv) climate change adaptation
and mitigation, and (xvi) justiciability and accountability measures, including
measures to address smuggling, cartels, price manipulation, corruption,
food poisoning, contamination or adulteration of food products,
contamination of productive resources and natural assets, land conflicts,
conflicts over productive resources and natural assets:

1. Department of Agriculture (DA)
. Department of Agrarian Reform (DAR)
Department of Environment and Natural Resources (DENR)
Department of Trade and Industry (DT!)
Department of Energy (DOE)
Department of Foreign Affairs (DFA)
. Department of Social Work and Development (DSWD)
Department of Health (DOH)

PA OAH

9. Department of Justice (DOJ)
10. Department of Education (DepEd)

11.Department of Labor and Employment (DOLE)

12. Department of the Interior and Local Government (DILG)

43, Department of Budget and Management (DBM)

14. Department of Science and Technology (DOST)

15. Department of National Defense (DND)

16. Department of Transportation (DOTr)

17.Department of Information and Communications Technology (DICT)
18. Department of Tourism (DOT)


19.Food Safety Regulatory Coordination Board and Food Safety
Regulatory Agencies of the Department of Agriculture (DA),
Department of Health (DOH), and Department of the Interior and
Local Government (DILG)

20. National Economic and Development Authority (NEDA)
21. Food and Drug Administration (FDA)

22. National Commission on Indigenous Peoples (NCIP)
23.Climate Change Commission (CCC)

24. National Disaster Risk Reduction Management Council (NDRRMC)
25. Philippine Commission on Women (PCW)

26. National Youth Commission (NYC)

27. Philippine Information Agency (PIA)

28. Philippine News Agency (PNA)

29.Local Water Utilities Administration (LWUA)

30.Local Government Units

SECTION 12. Targets and Indicators. — By 2030, land devoted to food production
will be increased to fifty percent (50%) of all prime agricultural land in every region,
and 100% of coastal municipalities in covered regions adopts and practices state
policy on integrated coastal management to achieve food security, sustainable
livelihood, poverty alleviation and reduction of vulnerability to natural hazards; within
the same period, the State shall ensure that the following indicators will considerably
and steadily increase:

a)
b)

°)

dq)

e)

Percentage of ancestral lands developed for sustainable production of food:

Percentage of rural population with access to productive resources; including
municipal waters especially designated for artisanal fisherfolks’ food source
and livelihood;

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

Share of budget spent on programs aimed at addressing devastations caused
by manmade and natural calamities;

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;

Percentage of women participating in paid labor;


h) 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;

k) Percentage of population aware of available food and nutrition programs; and

Coverage of school feeding programs.

SECTION 13. Standards on the Minimum Amount of Food. - Within one (1) year
from the effectivity of this Act, the Commission, in consultations with the DSWD, NNC,
and the DOH, 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 (like the effect and impact of the COVID-19 pandemic),
including but not limited to children whose parents die due to the pandemic or
disappear or otherwise, no longer able to take care of them, the elderly, and persons
with disabilities. The guidelines shall include

a) 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 person;

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

©) 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 food.

SECTION 14, Food Emergencies. - Whenever a situation arises in which access to
food is endangered, as that caused by natural elements like drought, floods, storms,
earthquakes, or crop failures resulting from pests or diseases, or by human agency
such as intemal or international armed conflict, or a national health emergency such
as the COVID-19 pandemic, the Commission on the Right to Adequate Food, in
coordination with the National disaster Risk Reduction and management Council
(NDRRMC) shalll ensure that:

a) Information on potential or brewing food emergencies is shared speedily among
all Departments and agencies, and with the general public;


b) Food emergency responses sufficiently cover both early warning responses
and disaster preparedness in case of a crisis; and food responses are
organized and managed efficiently and effectively;

c) Food aid is free from spoilage, leakage and are protected against theft and
corruption; and

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

The Department of National Defense (DND), the Department of Justice (DOJ) and the
Department of the Interior and Local Government (DILG) shall ensure strict
compliance with Republic Act No. 9851, or the “Philippine Act on Crimes Against
International Humanitarian Law, Genocide, and Other Crimes Against Humanity” and
other relevant laws, when responding to food emergencies.

SECTION 15. Information Dissemination. — All government agencies, under the
direction of the Commission on the Right to Adequate Food, 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;

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

SECTION 16. Education and Awareness Program. - The Commission on the Right
to Adequate Food, in coordination with the DepEd, Commission in 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;

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

SECTION 17. International Cooperation. — The Commission on the Right to
Adequate Food, 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


b)

)

in the concerned countries, in coordination with DA , DTI, DPH and NEDA and
other relevant agencies;

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

Ensure that international and other agreements which the Philippine
Government enters into, take into account the guarantee on the right to food.
The Commission on the Right to Adequate Food, in coordination with the CHR
and the Department of Foreign Affairs (DFA) shall ensure that international
bilateral and/or multilateral agreements which the Philippine Government may
enter into, take into account the State’s objective to eliminate hunger by 2030.
Before entering into any international agreement, the DFA, with the
participation of relevant Departments, civil society, business and the private
sector, shall carefully evaluate the proposed agreement to determine its impact
on the eradication of hunger, and propose necessary amendments or revisions
to align the agreement with the State’s objective to eliminate hunger by 2030.

SECTION 18. Periodic Review and Public Reporting. - Periodic reviews shall 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, with global hunger indices as benchmarks.

SECTION 19. 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 the Right to Adequate Food, shall:

a

b)

ro}
d)

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

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

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

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

SECTION 20. Penal Provisions. - The penalty of prision correccional shall be
imposed on any public or private actor who causes the starvation or denial of the
access to food of any particular individual or group, as through the commission of any
of the following acts:


a)
b}

Blockade;
Refusal to implement a food-related program;

°)
dq)

Discrimination in implementing a food-related program:

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

e) Obstructing access to food in time of pandemic, calamity or war;

) Theft, corruption or black marketeering of food being given as humanitarian aid,
in times of calamity or war;

g) Distribution of expired, or unsafe food at a school feeding program o other
feeding programs, in times 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.

SECTION 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 under sections 5,6,7 and 9 of this Act,
shall 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 provided for
in this Act, as the primary duty bearer. Appropriate cases may be filed before the
courts to compel compliance with this Act. These cases shall be without prejudice to
liability for damages, as well as administrative liability that may be incurred.

SECTION 22. Appropriations. — There shall be an allocation in the annual national
and local budgets specifically for the purposes of the implementation of the right to
adequate food, in accordance with priorities set by the Commission on the Right to
Adequate Food. The allocation shall be aimed at the progressive realization of the
right to adequate food over the long term.

SECTION 23. Implementing Rules and Regulations. — The Commission on the
Right to Adequate Food shall issue he necessary rules and regulations to implement


the provisions of this Act within sixty (6) days from its effectivity. In the formulation of
these rules and regulations, the Commission shale take the lead and shall coordinate
with the CHR, DOJ, DA, DAR, DSWD, DOH, DTi, DPWH, NEDA, DBM, NNC and
NAPC, and representation among LGUs, with the active participation of people's
‘organizations and human rights nongovernmental organizations.

SECTION 24. Rationalization of Policies and Implementation of Programs. ~ All
existing policies, laws, decrees, executive orders, memorandum orders, memorandum
circulars, administrative orders, and ordinances shall be rationalized and interpreted
in a way that shall guarantee the realization of the right to adequate food as provided
for by this Act. Concerned Cabinet secretaries and other executive authorities shall
report on a regular basis to the Commission on the Right to Adequate Food 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.

The commission may also conduct separate evaluation of agency, national-local and
inter-local programs implemented for the purpose of achieving zero hunger.

SECTION 25. Separability Clause. — If any part or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
remain in full force and effect.

SECTION 26. Repealing Clause. ~ Alllaws, decrees, executive orders, memorandum
orders, memorandum circulars, administrative orders, ordinances, or parts thereof,
which are inconsistent with the right to adequate food and the provisions of this Act,
are hereby deemed repealed or modified accordingly.

SECTION 265. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,