Republic of the Philippines e
HOUSE OF REPRESENTATIVES, 21 JAN

Quezon City, Metro Manila 443-Py
SIXTEENTH CONGRESS 4 ~ Pape
Second Regular Session

House Bill No. __5348

Introduced by Honorable Sherwin T. Gatchalian

Explanatory Note

According to the United Nations Children’s Fund (UNICEF), early childhood until the
age of cight is critical for the cognitive, physical and emotional development of a child

Based on this statement, education imparted to a child during their first decade of
learning will in large part determine the opportunities available to him or her in the
future. In order to give today’s children every opportunity of succeeding, fulfilling their
nutritional requirements during these formative years is essential. Doing so is made
even more imperative given that hunger impairs a child’s ability to learn by hampering
their cognitive and physical growth and leaves them more vulnerable to disease.!2

Despite the existing dangers to a child’s educational progress due to hunger, we
consider the following facts:

* 66 million primary-age children in the developing world go to class hungry.

* In the Philippines, due to hunger, 8.6 percent of school-aged children between
the ages of 5-19 years old are wasted, indicating that they suffer from acute
malnutrition.4

* According to the Department of Education (DepEd), for the 2012-2013
academic year, 1,918,464 public elementary school children were wasted or
severely wasted.5

These statistics show that we, as a Nation, have failed to satisfy the adequate
nutritional needs of today’s children. The basic right of a child to proper care and
nutrition as provided for in our Constitution has largely gone ignored in the case of at
least one million school children.

* Freedom from Hunger, “World Hunger Facts’, URL < https://www.freedomfromhunger.org/world-hunger-facts>
? National Education Association, “Facts About Child Nutrition”. URL < http://www.nea.org/home/39282.htm>
|: Stop Hunger Now, “Facts on Hunger”, URL < http://www. stophungernow.org/hunger-facts>
Rodriguez, Fritze, “Latest PH Nutrition Survey reveals litte progress in beating hunger”, Rappler, July 10, 2014
“Gavilan, Jodesz, "Gov't feeding program to benefit 4M ‘wasted’ children in 2015”, Rappler, November 20, 2014



It is with these alarming facts that this legislation, otherwise known as the Nutri-
Skwela Act of 2015, is brought before you, It aims to address the issue of eradicating
hunger and malnutrition amongst our young scholars by providing them with the
proper nutritional requirements to succeed at school and in life.

The Act is highlighted by the following provisions:

1) Providing at least one meal on each school day to children enrolled in day care,
kindergarten, and grades 1-6 in all public educational institutions, free of
charge. Children whose classes start in the morning shall be provided with
breakfast before the start of classes while children whose classes start in the
afternoon shall be provided with lunch prior to the start of classes. In addition,
children whose daily academic program lasts for more than five hours shall be
cligible for two meals free-of-charge.

2) A central body known as the National Nutrition Council shall be responsible for
the overall formulation, implementation and evaluation of the program. A key
clement of the program is to empower local government units to actively
participate in the program through the City and Municipal Nutrition
Committees, otherwise known as Local Committees, which shall be mainly
responsible for the procurement of food, and logistical and organizational
concerns of the program. The Local Committees’ operations shall be overseen by
the Provincial and Regional Nutrition Committees, In addition, volunteerism
and community participation are also highly encouraged, to allow community
members to aid in the success of eradicating hunger.

3) Monitoring and quality compliance with the program’s standards shall be
observed through weekly reports submitted by the Local Committees. ‘These
weekly compliance reports shall include financial statements on liquidation and
expenses. A performance audit shall be conducted by the Commission on Audit
on a quarterly basis for the first two years of the program’s implementation, and
annually thereafter.

With the Nutri-Skwela Act of 2015, we aim to rid our schools of hunger, and promote

and nurture the educational development of today’s young scholars who are the

Nation’s future. Hence, the immediate enactment of this Act is-sought,)

OTA

SHERWI IN T. GATCHALIAN
\_/ Representative
First District, Valenzuela City



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

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 5348

———
Introduced by Honorable Sherwin T. Gatchalian
—

AN ACT
ESTABLISHING THE PHILIPPINE BASIC EDUCATION NUTRITION AND
PERFORMANCE ACCELERATION PROGRAM, APPROPRIATING FUNDS,
THEREFOR, AND FOR OTHER PURPOSES

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 the “Nutri-Skwela
Act of 2015”.

SEC, 2. Declaration of Policy. - The State shall protect and promote
the right of every Filipino child to a nurturing and fulfilling experience in the
basic education system. For this purpose, the State shall dedicate significant
resources to the strengthening of the capacities of children to perform well and
succeed in school.

Pursuant to this declaration, the State shall undertake programs and
advocacies to solve the nutritional and dietary needs of young students.

SEC. 3. The Program. - The Philippine Basic Education Nutrition and
Performance Acceleration Program, hereinafter referred to as the Program, is
hereby established. The Program shall accomplish the following objectives:

(a) Institutionalize a production and service system to address the
nutritional and dietary needs of elementary school children during
school hours;

(b) Streamline the various school children feeding programs of the
Department of Education, the Department of Social Welfare and


Development, and other government agencies into one system, in
order to increase efficiency in the use of allocated resources;

(c) Eliminate the incidence of the nutritionally “wasted” and “severely
wasted” condition among children enrolled in public elementary
schools;

(d) Accelerate and improve the academic performance and participation,
and physical development of children during the course of their basic
education course;

(e) Further increase elementary education enrollment rates and school
attendance records;

() Empower local government officials, members of the community, and
other local stakeholders to actively participate in the nutritional and
educational development of their local children;

(g) Ensure transparency, accountability, and efficacy in the
disbursement and distribution of funds and goods for the purposes of
this Act.

The Program shall ensure that at least one meal on each school day of
the academic year is made available free-of-charge to all children enrolled in
day care, kindergarten, and grades 1-6 in all public educational institutions
within the Philippines.

Children who attend classes in the morning shall be provided with
breakfast before the start of their classes while children whose classes start in
the afternoon shall be provided with lunch before the start of their classes.
Children whose daily academic program exceeds (5) hours per day shall be
provided with both breakfast and lunch free-of-charge.

SEC. 4. National Committee. - The National Nutrition Council and its
member agencies, constituent departments, and committees shall be the
implementing body of the Program.

The National Nutrition Council Governing Board, its Secretariat and
Technical Committee, hereinafter collectively referred to as the National
Committee, shall be primarily responsible for policy formulation and evaluation


of the Program. Specifically, the National Committee shall have the following
functions:

(a) Define the optimal nutrition standards and create a meal plan that
will meet the essential dietary requirements of children for active
and energetic participation in school;

(b) Create an operations manual that details the Program system and
instructs the various sub-committees on their specific role in the
implementation of the Program, including but not limited to rules
and guidelines concerning logistics, procurement, uniform brand
and packaging identity, and quality control. The National
Committee shall then disseminate said manual to the sub-
committees;

(c) Draft an organizational staffing plan that outlines the number,
nature, and position of the personnel required by the sub-
committees for the purpose of implementing the Program;

(d) Facilitate efficient policy coordination between the various
committees, agencies, civil society and private sector stakeholders
referred to under this Act; and,

(e) Establish a strategy for prioritized implementation of the Program
in areas where severe malnutrition occurs, and in conflict areas.

SEC. 5. Regional Nutrition Committees - The Regional Committees will
be primarily responsible for overseeing the implementation of the production
and service level of the Program by the City Nutrition Committees of those
designated by law as independent component or highly urbanized cities.
Specifically, the Regional Committees shall have the following functions:

(a) Conduct regular on-site inspections of the food preparation and
delivery operations of the Program undertaken by the City Committees
under their supervision;

(b) Submit quarterly progress reports to the National Committees
detailing the level of accomplishment of the City Committees under
their supervision and evaluating their compliance with the operations
manual and other pertinent provisions of this Act; and,


(c) Develop and implement quality control strategies to maintain an even
baseline of service quality amongst the City Committees under their
jurisdiction.

SEC. 6. Provincial Nutrition Committees — The Provincial Committees
shall likewise perform the functions of the Regional Committees in overseeing
the Municipal Committees, and the City Committees not otherwise covered
under Sec. 5 of this Act.

SEC. 7, Local Committees - The City and Municipal Nutrition
Committees, hereinafter referred to as Local Committees, shall be primarily
responsible for the implementation of the production and service level of the
Program. Specifically, the Local Committees shall perform the following
functions:

(a) Procure the necessary raw foodstuffs and other materials to prepare the
meals;

(b) Coordinate the necessary logistical support for implementation of the
Program, including but not limited to the delivery of food stuffs to the
preparation facilities, the preparation of the meals on-site, and
distribution of the meals to the students;

(c) Implement the organizational staffing plan to ensure the training and
employment of the necessary support staff for the efficient
implementation of the Program; and,

(@) Submit a monthly progress report to the corresponding Regional or
Provincial Committee detailing vital Program success indicators,
including but not limited to the quantity and price of food stufis
procured, the number of meals prepared and served daily, the
participation rate among students covered under this Act, among others.
The report should also indicate any Program weaknesses, liabilities, or
other problems incurred during the implementation of the Program.

SEC. 8. Barangay Nutrition Committees - The Barangay Committees
shall be primarily responsible for documentation and other auxiliary concerns.
Specifically, the Barangay Committees shall perform the following functions:

(a) Record and document the daily service indicators and other information
at the school level, including but not limited to the indicators mentioned


in Sec. 7(d) of this Act, and forward the information to their respective
Local Committees; and,

(b) Formulate and implement strategies to encourage volunteerism and
engagement in the Program by members of the community, to
supplement manpower needs and improve service quality.

SEC. 9, De-worming - In order to improve the effectiveness of the
nutritional outcomes of the Program, the Department of Health shall be
responsible for coordinating a de-worming program which shall serve all
students identified as Program beneficiaries under Sec. 4 of this Act. The de-
worming shall be conducted before the start of the meal schedule.

SEC. 10. Role of the Department of Education. - In addition to its
responsibilities as a member agency of the National Committee, the
Department of Education have the following responsibilities:

(a) Coordinate with the participating Program schools to install sufficient
permanent facilities for the purpose of preparing the student meals,
subject to the provisions of applicable laws on sanitation;

(b) Implement an assessment system to track the academic performance
of Program beneficiaries; and,

(c) Provide logistical support for the Program at the school level, as
necessary.

SEC. 11. Role of the Department of Social Welfare and
Development. - In addition to its responsibilities as a member agency of the
National Committee, the Department of Social Welfare and Development shall
use its expertise in feeding programs to assist the Local Committees at the
production and service level of implementation of the Program. DSWD shall
also assist the National Committee in identifying and targeting priority areas as
provided under Sec. 4(e) of this Act.

SEC. 12. Role of the Technical Education and Skills Development
Authority. - TESDA shall provide assistance to the Local Committees in
training and employing personnel as provided under Sec. 7(c) of this Act.

SEC. 13. Private Sector Participation - Private sector participation is
encouraged under this Act. The National Committee, in cooperation with the
subcommittees, the Department of Finance, and relevant government agencies,
shall formulate a system of incentives to encourage corporate social
responsibility and individual donations for the benefit of Program through


various methods, including but not limited to income tax credits, discounts for
business permits registration, or other assistance.

SEC. 14, Monitoring and Quality Control. - The National Committee in
coordination with its subcommittees and the LGUs shall strictly monitor the
activities that will be conducted at the production and service level of the
program. The procurement, handling, storage, transportation and sanitation of
the products whether in its raw or end stage must ensure that the quality and
safety protocols are followed and that measures are undertaken for the
prevention and control of food safety problems. ‘Towards this end, the National
Committee shall facilitate the training and development of operating guidelines
in food safety under this Program to ensure reliable and consistent food
products.

The Local Committees shall ensure the actual delivery of the food to the
student-beneficiaries in accordance with the program specification and
requirements. A weekly compliance report, to include the liquidation and
summary of expenses shall form part of the quarterly assessment on the
program.

SEC. 15. Performance and Financial Audit. - To further strengthen
accountability and improve public expenditure management, with the end in
view of eliminating waste and the ascertainment of the effectiveness of the
program, a quarterly performance audit shall be conducted by the Commission
on Audit in the first two years of the program’s implementation, and every year
thereafter.

The audit shall provide an overall picture of how various segments of the
program are implemented and whether the expected roles and responsibilities
of stakeholders are met, which outcome may lead to the identification of areas
where improvements can be introduced, and shall include, among others:

1) Review of the procedures for the program;
2) Evaluation of performance reports by the Local Committees;

3) Random interview of staff involved in the implementation of the
program; and,

4) Documentation of reports and validation from data source.

SEC. 16. Prohibition on Political Signage. - The Local Committees
shall ensure that the packaging of the meals and other produced materials are


in conformance to the uniform packaging and branding identity contained in
the operations manual as provided in Sec. 4(b) of this Act. It shall be prohibited
for any public officer to alter or cause an alteration in the packaging and
branding identity, including but not limited to:

(a) Affixing, or causing to be affixed, the name, image, or logo of any
public official on any production and service level materials related to
the Program; and,

(b) Installing, or causing to be installed, signage at the implementation
site or at any other place crediting an individual public officer for
implementation of any level of the Program, or bearing his or her
image, name, or logo.

SEC. 17. Penal Provision. - Any public officer committing any of the
prohibited acts in the preceding section shall be punished with imprisonment
for not less than six (6) months nor more than one (1) year, and perpetual
disqualification from public office.

SEC. 18. Appropriations. - For the initial operating expenses of the
Program, the sum of Sixty Billion Pesos (P60,000,000,000) is hereby
appropriated from the Presidential Social Fund, and from the profits and
earnings of the Philippine Charity Sweepstakes Office, the Philippine Gaming
and Amusements Corporation, and other revenue-generating agencies of the
government.

Thereafter, such sum necessary for its continuous implementation shall
be included in the annual General Appropriations Act.

SEC. 19. Implementing Rules and Regulations. - Within ninety (90)
days from the approval of this Act, the Department of Health, in coordination
with the National Nutrition Council and the Local Government Units through
the Department of Interior and Local Government, shall promulgate the rules
and regulations to implement the provisions of this Act.

SEC. 20. Separability Clause. - Should any part of this Act be declared
unconstitutional, the rest of the provisions of this Act shall continue to be in
effect and subsisting.


SEC. 21. Repealing Clause. - The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with this Act are hereby
repealed, amended, or modified accordingly.

SEC. 22. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in at least two (2) national
newspapers in general circulation.