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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18%) CONGRESS
First Regular Session

5279
HOUSE BILL NO.

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

First filed in the 16" Congress by Reps. Ibarra “Barry” Gutierrez, Walden Bello, Arlene
“Kaka” Bag-ao, and by this Representation, this measure is the substitute bill approved by the
Committee on Human Rights during the 3 Regular Session of the 16 Congress. In the 17
Congress, the same measure with House Bill No. 7193 was approved in the 3 Reading and
transmitted to the Senate for appropriate action

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

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

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

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

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


“Article 11. (1) The States Parties to the present Covenant recognize the right
of everyone to an adequate standard of living for himself and his himself and his family,
including adequate food, clothing and housing, and to the continuous improvement of
living conditions. The States Parties will take appropriate steps to ensure the realization
of this right, recognizing to this effect the essential importance of international
cooperation based on free consent. (2) The State Parties to the present Covenant,
recognizing the fundamental right of everyone to be free from hunger, shall take,
individually and through international cooperation, measures, including specific
programmes, which are needed: (a) to improve methods of production, conservation
and distribution of food by making full use of technical and scientific knowledge, by
disseminating knowledge of principles of nutrition and by developing or reforming
agrarian systems in such a way as to achieve the most efficient development and
utilization of natural resources; (b) Taking into account the problems of both food-
importing and food-exporting countries, to ensure an equitable distribution of world
food supplies in relation to need.”

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

However, the lack of a comprehensive framework embodying right to adequate food
is a chasm between policy and implementation. Public funds are not only inadequate but
dissipated due to corruption. 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’ right to adequate food but
would also clarify the scope and content of the right, establish standards for compliance, lay
down principles to shape the process of realization, and prohibit violations of the right to
adequate food.

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

Jhb


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18%) CONGRESS
First Regular Session

HOUSE BILL NO. 5279

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE.

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

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

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

SEC. 2. Statement of Policy. - Consistent with the principles enshrined in the
Constitution as well as the provisions of the International Covenant on Economic, Social and
Cultural Rights, Convention on the Rights of the Child, and Convention on the Elimination of
All Forms of Discrimination Against Women, to which the Philippines is a State Party, it is
hereby made the declared policy of the State to guarantee the right to adequate food.

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

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

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

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

©) Food emergency refers to a situation in which access to food is endangered, as that
caused by natural events like drought, floods, storms, earthquakes, or crop failures


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resulting from pests or diseases; or by human agency such as internal or international
armed conflict;
d) Hunger refers to a condition in which people do not get enough food to eat to provide
the nutrients for fully productive, active and healthy living due to unavailability and
inaccessibility of food. It can be acute, such as during a major disaster when food supply
channels are cut, or chronic, when people are regularly not getting enough food to
conduct an active life for a long time.
It is also a condition of starvation, which is not having enough food of any sort to eat,
or undernourishment, which is having enough food to eat, but of inadequate quality;
Right to adequate food refers to the right to have regular, permanent and unrestricted
access, either directly or by means of financial purchases, to quantitatively and
qualitatively adequate, sufficient and safe food, corresponding to the cultural traditions
of the people to which a consumer belongs, and which ensure physical and mental,
individual and collective, fulfilling and dignified life, free of fear; and
) Vulnerable groups refer to those who are particularly disadvantaged. These include
indigenous peoples, ethnic, linguistic or religious minorities, persons with disabilities,
persons living with HIV or AIDS, refugees and internally displaced people, elderly,
women, including pregnant and lactating mothers and children, particularly those from
zero to twenty-three (23) months of age.

¢

SEC. 4. Normative Content. — The right to adequate food is realized when every man,
woman and child, alone or in community with others, has physical and economic access at all
times to adequate food, or means for its procurement. The right to adequate food will therefore
not be interpreted in a narrow or restrictive sense, which equates it with a minimum package
of calories, proteins and other specific nutrients. The right to adequate food will have to be
realized progressively. However, the core obligation is to take the necessary action to mitigate
and alleviate hunger, even in times of natural or other disasters. The right to be free from hunger
ensures a minimum daily nutritional intake and the bare survival of the person. The right to
adequate food goes beyond freedom from hunger. Central to the realization of the right to
adequate food is an adequacy standard in terms of quality, quantity and cultural acceptability,
sustainability of food availability and access.

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

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


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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 do not
interfere with the enjoyment of other human rights.

¢) Dietary needs refer to the diet as a whole contains a mix of nutrients for physical

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

Freedom from adverse substances refers to the requirements for food safety and for
‘a range of protective measures by both public and private means to prevent
contamination of foodstuffs through adulteration, or through bad environmental
hygiene, or inappropriate handling at different stages throughout the food chain.
Care must also be taken to identify and avoid or destroy naturally occurring toxins.
Cultural or consumer acceptability implies the need also to take into account, as far
‘as possible, perceived non nutrient-based values attached to food and food
consumption and informed consumer concerns regarding the nature of accessible
food supplies.

Availability refers to the possibilities either for feeding oneself directly from
productive land or other natural resources, or for well-functioning distribution,
processing and market systems that can move food from the site of production to
where it is needed in accordance with demand.

8) Accessibility refers to economic and physical accessibility:

1) Economic accessibility implies that personal or household financial costs
associated with the acquisition of food for an adequate diet should be at a
level such that the attainment and satisfaction of other basic needs are not
threatened, or compromised. Economic accessibility applies to any
acquisition pattern or entitlement through which people procure their food,
and is a measure of the extent to which it is satisfactory for the enjoyment
of the right to adequate food. Socially vulnerable groups such as landless
persons and other particularly impoverished segments of the population
need attention through special programs.

2) Physical accessibility implies that adequate food must be accessible to
everyone, including physically vulnerable individuals, such as infants and
young children, elderly people, those belonging to the informal sector, the
physically disabled, the terminally ill and persons with persistent medical
problems, including the mentally ill. Victims of natural disasters, people
living in disaster-prone areas, and other specially disadvantaged groups,
need special attention, and sometimes priority consideration with respect to


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accessibility of food. A particular vulnerability is that of many indigenous
population groups whose access to their ancestral lands is threatened.

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

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

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

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

e) To access foods or diets that is the most appropriate under given circumstances, in

terms of their nutritional value and cultural acceptability.

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

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

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

SEC. 6. Freedom from hunger. — Every person has a right to be free from hunger.
Every person suffering from hunger or under nutrition, or at risk of suffering from hunger or
under nutrition is entitled to a minimum amount of food according to his or her age, sex, health
status and occupation, as provided for in Section 13 of this Act.

SEC. 7. Non-discrimination. — Any distinction, exclusion or restriction made on the
basis of race, color, sex, age, language, religion, political or other opinion, national or social
origin, property, birth or other status, which has the effect or purpose of impairing or limiting
the capacity of an individual to exercise the right to adequate food, is unlawful and will be
sanctioned in accordance with law.

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

‘The prohibition of discrimination will not be read to include government action to
remedy past effects of discrimination against particular individuals or groups and to promote
‘equality of opportunities with regard to the right to adequate food.

SEC. 8. Principles. — The principles upon which the provisions of this Act are founded

°)

d)

are:
4) Participation ~ People should be able to determine their own well-being and
participate in the planning, design, monitoring and evaluation of decisions affecting

them. Individuals are able to take part in the conduct of public affairs, including the


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adoption and implementation of State policies. Such participation is active, free and
meaningful, whether it is exercised directly or through intermediary organizations
representing specific interests. It is supported by capacity-building and appropriate
integrative mechanisms where necessary.

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

Nondiscrimination — The protection of human rights objectively and reasonably the
same for everybody, irrespective of sex, age, race, color, religion or any other
ground. In addition to specifically prohibiting discrimination on any ground, this
principle requires specific measures aimed at correcting de facto discrimination or
eliminating conditions that cause or help to perpetuate discrimination, as well as
measures promoting equality. In the context of this Act, it means paying particular
attention to those groups that cannot enjoy their rights as fully as others.
Transparency — The public should be given free and open access to timely and
reliable information on the decisions and performance of public authorities. Holders
of public office are as open as possible about all their decisions and actions that
may affect the free exercise of the right to adequate food. Applying the principle of
transparency within the context of this Act means that people are provided with
essential information about the decision-making process and those accountable and
responsible for it. People also have the power to demand information on the
processes that feed into the achievement of the particular entitlement, with an easy
and low-cost corrective check to malfeasance.

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

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

Rule of law — Government authority is legitimately exercised only in accordance
with written, publicly disclosed and accessible laws adopted and enforced in
conformity with established procedures. The principle is intended as a safeguard
against arbitrary use of State authority and lawless acts of both organizations and
individuals, Any implementing rules and regulations to be adopted for ensuring the
implementation of this Act will be clear, fair and accessible. The rule of law also


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means that no person or body can breach the law with impunity. There is access to
justice including the right to an effective remedy for anyone whose rights are
violated, as well as the guarantee of due process in all legal proceedings.

SEC. 9. Governmental obligations. — The State has the duty to respect, protect and
fulfil the right to adequate food.
a) Respect — The State has the obligation not to interfere with or impair the enjoyment

b)

°)

of the right to adequate food. No public authority may deprive any person of food
or means for its procurement, apply laws and regulations, or pursue a policy or
practice, in a way that could result in preventing the enjoyment of or infringing the
human right to adequate food, or repeal formally or suspend legislation necessary
for the continued enjoyment of the right to adequate food.

Protect — The State has the duty to provide guarantees against threats and risks
stemming from private actors or societal forces that are controllable by State action.
It is bound to take preventive measures necessary to protect persons whose capacity
to access sufficient and adequate food or means for its procurement is endangered
by the acts of others. It also ought to review the relevant administrative and
legislative framework ensuring that activities within their competence undertaken
by private actors do not infringe the right to adequate food of others.

Fulfill — The State has the power to facilitate the enjoyment of the right to adequate
food by adopting or pursuing appropriate policies and measures, in a manner to
foster and promote the human right to adequate food and to create and maintain
conditions under which every person can freely and regularly enjoy the right to
adequate food. It is equally the duty of the State to provide for right to adequate
food, by adopting and putting in place measures to provide food, or means for its
procurement, to persons who cannot take care of their own needs, due to reasons
beyond their control, in particular for children whose parents die or disappear or
otherwise no longer take care of them.

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

The State shall also ensure that in ten (10) years, land devoted to food production will
be increased to fifty percent (50%) of all prime agricultural land in every region, and, within
the same period, the State shall ensure that the following indicators will considerably and
steadily increase, as may be determined in the implementing rules and regulations of this Act:

a) Percentage of development of ancestral lands;

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

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

d) Percentage of budget spent on agri-research, agri-extension, irrigati

\, training,

technology, credits and rural development;


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©)

f)
8)
h)

i)
‘))

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;

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,

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, priority will be given to identify areas with chronically
malnourished population. In measuring the incidence of hunger, the key primary data sources
will include national nutrition surveys, household surveys of the Philippine Statistics Authority
(PSA), namely the Family Income and Expenditure Survey and the Annual Poverty Indicators
Survey, and global hunger indices as benchmarks.

SEC. 11. Institutional Responsibilities. - The following agencies of the government
are required to fulfil their respective mandates in a manner that will ensure full implementation
of the primary objectives of this Act:

a)
b)
°)
d)
e)
D)
8)
h)
i)
i)
k)
)

Department of Agriculture (DA);

Department of Agrarian Reform (DAR);

Department of Education (DepEd);

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

Department of Interior and Local Government (DILG),
Department of Justice (DOJ);

Department of Labor and Employment (DOLE);
Department of Public Works and Highways (DPWH);
Department of Social Welfare and Development (DSWD);
Department of Science and Technology (DOST);
Department of Trade and Industry (DTI);

m) Commission on Human Rights (CHR);

n)
0)
p)
cy)
1)
8)

National Anti-Poverty Commission (NAPC);

National Economic Development Authority (NEDA);

National Food Authority (NFA);

National Nutrition Council (NNC);

Technical Education And Skills Development Authority (TESDA); and

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

In addition, the development of the capacity to implement the national policy governing
the right to adequate food and the use of a human-rights based approach for the establishment
and implementation of the national policy must be institutionalized.


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SEC. 12. Commission on the Right to Adequate Food. — There is hereby created a
Commission on the Right to Adequate Food, hereinafter referred to as the Commission, which
shall be attached to the Office of the President.

The Commission shall be the primary policy-making and coordinating body to
guarantee full exercise of the right to adequate food. It shall exercise monitoring and oversight
functions, apply human rights principles, conduct objective impact assessment on all
government policies, programs and projects prior to adoption and implementation, work in
close cooperation with civil society organizations and use all available resources of the
government and private bodies or organizations for the efficient and effective implementation
of this Act. It shall formulate a national food policy and implement programs of action to
eradicate hunger, in coordination with relevant government agencies and in consultations with
civil society organizations and the private sector.

The Commission will have the following powers:

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

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.

Provide appropriate legal measures for the protection of the right to adequate food

ofall persons within the Philippines, as well as Philippine citizens residing abroad,

and provide for preventive measures and legal aid services to the underprivileged

whose right to adequate food has been violated or needs protection;

Establish a continuing program of research, education and information to enhance

respect for the primacy of the right to adequate food;

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;

Monitor the Government’s compliance with its obligations in regard to the right to

adequate food;

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

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

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

»b)

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d

e)

8)

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

The Chairperson and the Members of the Commission shall not, during their tenure,
hold any other office or employment. Neither shall they engage in the practice of any
profession, or in the active management or control of any business, which in any way may be


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

The Chairperson and the Members of the Commission will be appointed by the
President and shall not be reappointed to another term. From among the Members, one shall
serve as the Chairperson and shall old office for ten (10) years, another Member shall be
appointed as Commissioner for seven (7) years, and another shall be appointed Commissioner
for five (5) years, without reappointment. A Member who shall be appointed to fill a vacancy
shall serve only the unexpired portion of the term of the predecessor. In no case will any
Member be appointed or designated in a temporary or acting capacity.

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

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

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

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

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


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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;

c) Requests for international assistance are initiated in case of necessity and

distribution of food to intended recipients is properly supervised and coordinated.

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

a) Inform the population about the rights established in this Act and the implementing
rules and regulations adopted upon its entry into force, as well as about any other
measure taken for the purpose of facilitating and promoting the realization of the
right to adequate food; and
Use the most appropriate ways and methods of disseminating information by
providing information through all media forms, and in local languages, notably in
the most marginalized areas and among populations with a high rate of illiteracy.

SEC. 16. Education and Awareness Program. — The Commission, in coordination
with the DepEd, Commission on Higher Education (CHED) and TESDA, shall ensure that:

a) The school curriculum includes material related to food and nutrition education, the

right to adequate food and human rights principles; and

b) Relevant adult education and training programs shall include materials related to

food and nutrition, the right to adequate food and human rights principles.

SEC.17. International Cooperation. ~The Commission, in coordination with the CHR
and the Department of Foreign Affairs (DFA), shall:

a) Ensure that activities undertaken in other countries, including those by private
actors, do not infringe on the enjoyment of the right to adequate food by people in
the concerned countries, in coordination with DA, DTI, DOH AND NEDA and
other relevant agencies;

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.

SEC. 18. Monitoring and Evaluation System. — There shall be an integrated
monitoring system that shall ensure that all government agencies at all levels, under the
supervision of the Commission, will:

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

and processes consistent with human rights principles as established by this Act;

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

c) Monitor progress achieved in the realization of the right to adequate food, and

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

emergencies.

SEC. 19. Representation and Participation of People’s Organizations and Civil
Society. — To guarantee public participation, the Commission shall ensure that:

b)

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

b) Civil society and other stakeholders actively participate in the institutions that

oversee the realization of the right to adequate food, as well as in formulating

capacity building mechanisms and special measures for disadvantaged groups; and

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

government is required to report on progress made with the implementation of this

‘Act, and the progressive realization of the right to adequate food in the country.

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

a) Blockade;

b) Refusal to implement a food-related program;

¢) Discrimination in implementing a food-related program;

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

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

f) Theft, corruption or black marketeering of food being given as humanitarian aid,

in time of calamity or war,

2) Distribution of expired, or unsafe food at a school feeding program or other feeding
program, in time of calamity or war;

Contamination of food or water sources, through mining activities, aerial spraying

of plantations, or any other similar means; and

i) Other analogous acts.

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

SEC, 21. Civil and Administrative Liabilities. — Any public officer or employee who
directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of a
person’s rights guaranteed in this framework Act, will be liable for damages. Any violation of
a provision of this Act, whether committed by public or private actors, will similarly give rise
to liability for damages.

It is hereby declared a ministerial duty on the part of the Government to ensure the
enjoyment of the rights guaranteed in this Act and to perform the duties embodied in it
Appropriate cases may be filed before the courts to compel compliance with the provisions of
this Act. These cases shall be without prejudice to liability for damages, as well as
administrative liability that may be incurred.

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

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

SECTION 24. Rationalization of Policies. — All existing policies, laws, decrees,
executive orders, memorandum orders, memorandum circulars, administrative orders, and
ordinances shall be rationalized and interpreted in a way that will guarantee the realization of
the right to adequate food, as provided for by this Act.

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

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

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

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

Approved,