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Republic of the Philippines > RECEIVED 2
HOUSE OF REPRESENTATIVES i 01 JUL 2013
Quezon City ES
16" Congress
First Regular Session

5
HOUSE BILL NO. 658

Introduced by: HON. MA. VICTORIA R. SY-ALVARADO_

EXPLANATORY NOTE

This bill seeks to increase the penalties provided under the Sanitation Code of the Philippines
(Presidential Decree number 856) and add protection for the public against acts inimical to proper
handling and preparation processes.

‘The element of trust is essential in the relationship between those who handles and prepares food
and those who consume it. Sadly, this has been put to serious question in light of improper food handling
and preparation exposed by members of the media, especially those of special interest investigative
reporting news television shows. The terrifying and grossly discomforting revelations by these reports are
clear and evident acts contrary to and in violation of the Code on Sanitation of the Philippines and are
now causing anxiety and loss of appetite to a significant number of our people. What is more distressing
is that the danger posed by such violations is only meted with an insanely backward penalty system, as
provided by the current state of law.

The sanctity of our food is a serious and ever present concern of our society. We should always
endeavor to secure the lives and health of the general public. I need not remind others of the possible
consequence of an indifferent attitude towards sanitary food handling and preparation. However, it is
‘worth stressing the age old saying that an ounce of prevention is worth a pound of cure.

‘The poor and marginalized sectors of our society are the most vulnerable to any serious health
issue arising from the improper food handling and preparation. In turn, the government health services
stand to bear the brunt of providing adequate care and medication for them. It is clearly in the interest of
the State that preventive measures be designed so as to punish those who unduly and directly cause
danger to the public's lives and health. This bill is a preparatory step in curbing the dangers this problem
pose and promote the well being of our people.

With these reasons, the immediate passage of this bill is earnestly sought.

MA. VIGfORIA R. SY-ALVARADO
Representative
First District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
16® Congress
First Regular Session

HOUSE BILLNOSSS

Introduced by HON. MA. VICTORIA R. SY-ALVARADO-

AN ACT PENALIZING ACTS INIMICAL TO PROPER FOOD HANDLING AND
PREPARATION REQUIREMENTS, AS PROVIDED BY CHAPTER Ill OF PRESIDENTIAL
DECREE NO. 856, OTHERWISE KNOWN AS THE CODE ON SANITATION OF THE
PHILIPPINES, FOR THE PURPOSE OF INCREASING THE PENALTY FOR VIOLATION
THEREOF

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

Section 1. In the interest of protecting the public against acts inimical to proper for handling
and preparation processes, Chapter III of Presidential Decree no. 856 is hereby amended
for Sec.33 (A) to be inserted and read as follows:

CHAPTER III — Food Establishments
‘Sec.33 (A) Penal Provisions. —

(i) Penalty for persons committing violation/s in the proper handling
and preparation of food, as provided in this chapter — for placing the
lives and health of the general public at risk, employees and/or other
persons who directly commit violations in the proper handling and
preparation of food, as provided by this chapter, shall be, without
prejudice to other criminal and/or civil actions available to government
and members of the general public, penalized by imprisonment for a
period of not less than SIX (6) MONTHS AND ONE (1) Day but not
exceeding FIVE THOUSAND PESOS (P 5,000.00) or BOTH,
depending upon the discretion of the court.

(ii) Penalty for the owners, employers, supervisors, or persons otherwise
performing similar tasks or functions in the establishments where
violation/s in the proper handling and preparation of food, as
provided in this chapter, occurred — for placing lives and health of the
general public at risk through their fault, negligence or otherwise, in
hiring, supervising, or other acts falling short of the due diligence
required by law in the management of food establishment, owners,
employers, supervisors, managers, and other persons who are required by
law to exercise due diligence in protecting the sanctity of food, and
patently failing to exercise such as evident on the violation/s in the
proper handling and preparation of food in the establishment they own,

i oa or persons otherwise performing similar tasks or

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funetions, as provided by this chapter, shall be, without prejudice to other
criminal and/or civil actions available to the government and members of
the general public, penalized by imprisonment for a period of not less
than SIX (6) MONTHS AND ONE DAY (1) but not exceeding FOUR
(4) YEARS or by a fine not exceeding FIVE THOUSAND PESOS ( P-
5,000.00) or BOTH, depending upon the discretion of the court.

(iii) Penalty for the Provincial, City or Municipal Health officer in
Charge of ensuring the implementation of this Code in the locality
where the persons stated in the two preceding subsections who have
done acts inimical to the sanitation requirements in violation/s of the
proper handling and preparation of food, as provided by this
chapter occurred — for placing lives and health of the general public at
risk through the GROSS NEGLIGENCE and/or DERELICTION OF
THEIR DUTY, as provided by this chapter, the Provincial, City, or
Municipal Health Officer shall be, without prejudice to other criminal
and/or civil actions available to government and members of the general
public, penalized by imprisonment for a period of not less than SIX (6)
MONTHS AND ONE (1) DAY but not exceeding FIVE THOUSAND
PESOS (P 5,000.00) or BOTH, Depending upon the discretion of the
court.

(iv) For Placing lives and health of the general public at risk through the
WILLFUL, FELONIOUS AND CRIMINAL CONNIVANCE,,
CONSPIRACY AND OTHER SIMILAR ACTS with the owners,
employers, supervisors, or persons otherwise performing similar tasks or
functions in the establishments where violation/s in the proper handling,
and preparation of food, as provided in this chapter, occurred, or with the
persons committing violation/s in the proper handling and preparation of
food, as provided in this chapter, the Provincial, City or Municipal
Health Officer shall be, without prejudice to other criminal and/or civil
actions available to government and members of the general public,
penalized by imprisonment for a period of not less than SIX (6)
MONTHS AND ONE (1) DAY but not exceeding SIX (6) YEARS or a
fine not exceeding TEN THOUSAND PESOS (P 10,000.00) or BOTH,
and shall be ABSOLUTELY DISQUALIFIED FROM HOLDING
PUBLIC OFFICE, depending on the discretion of the court.

Section2. This ACT shall take effect fifteen (15) days following its publication in the
Official Gazette or in a Newspaper of General Circulation

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