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RepublicoftLephilippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRHSS
First Regular Session
HouseBil|N£046
Introduced by Representative Midy N. Cua
Lone District, Quirino
RECEivE
Tl..:::f#---.i!`,.i:i
AN ACT
pRovlDING A FRAMEwoRK To PROTECT AND pROMOTn THE RIGHT To
ADEQUATE FcOD
nxpLANATORy NOTE
A study by the World Food Programme revealed that one out of ten households in the Philippines are
food insecure. To cope with this food insecurity, many households bonow money for food, purchase
food   on   credit,   and   spend  their   savings`.   Another  older   study   by  the   Food   and   Agriculture
Organization of the United Nations (FAO) previously revealed that from 2019 to 2021,   5.7  million
Filipinos were undernourished, or unable to acquire enough food to meet the daily minimum dietary
energy requirements over a period of one year. The same study revealed that the Philippines remained
among the 63 countries that have the largest number of undernourished people2.
In  consideration  of these,  this  bill  aims  to  provide  a  comprehensive  framework  embodying  the
people's  rights  to  adequate  food.  Provisions  of the   1987  Philippine  Constitution,  particulai.ly  in
Article 11 (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  I I . 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. Additionally, the Philippines is a signatory to several international
I  World  Food Programme.  2022.  "Food  Security  Monitoring  -October  2022."  Wfy.org.  December  12,  2022.
https://www.wfp.org/publications/wfp-philippines-food-security-monitoring-october-
2022#:~:text=According%20to%200ctober%20survey%20results,poorest%20regions°/o20in%20the%20Philippi
nes.
2 Baclig, Cristina Eloisa. 2019. "World Food Day 2022: Rising Costs Keep Millions in PH Away from I-[ealthy
Diets."   Philippine   Institute   for   Development   Studies.   2019.   https://www.pids.gov.ph/details/news/in-the-
news/world-food-day-2022-rising-costs-keep-millions-in-ph-away-from-healthy-diets.


instruments such as the lnternational Covenant on Economic, Social and Cultural Rights, Conv€mtion
on the Rights of the Child,  and the Convention on the Elimination of All Forms of Discriniriation
Against  Women.  Other notable policies  such  as 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 (Magma 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), Re[tublic
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.
To  address  existing  issues,  and  to  complement  existing  policies,  this  bill  seeks  to  inake  it  a  State
obligation to ensure access to food, its availability and adequacy, and provide a comprehensive legal
framework to harmonize Philippine laws on the right to adequate food, clarify standards. and prtc>hibit
violations against it.  The bill proposes to create the Commission on the Right to Adequate Foiod in
charge of administering and overseeing the  implementation of the  said  measure.  It  sets percentage
targets on the reduction of hunger and aims for a zero incidence of hunger, obligating the country to
act on the promise of reducing hunger. This bill also does not forgive  lightly those who deliberately
starve or deny access to food to anyone or any group by providing for penalties.
This   measure  previously   passed   the  third   reading   in   the   18th   Congress.   It   was   proposed  by
Representatives  Cheryl  P.  Deloso-Montalla,  Jericho  Jonas  8.  Nograles,  Luis  Raymund  "Lray"  F.
Villafuerte,  Jr.,  Jose  Christopher  Y.  Belmonte,  Jesus  "Bong"  C.  Suntay,  Adriano  A.  Ebcas;,  Sol
Aragones, Angelina "Helen" D.L. Tan, M.D., Rico 8. Geron, Amihilda J. Sangcopan, Ria Christina
G. Fariflas, Xavier Jesus D. Romualdo, Leo Rafael M. Cueva, Jorge Antonio P. Bustos, Way  Kurat
Zamora, Strike 8. Revilla, Rufty 8. Biazon, Roman T. Romult), Leonardo L. Babasa, Jr., Manuel Jose
"Manmix"  M.  Dalipe,  Deogracias  Victor  "DV"  8.  Savellano,  Loren  Legarda,  fohn  Marvin  "Yul
Servo" C. Nieto, Dan S. Femandez, Alfred C. Delos Santos, Cesar "Jawo" I. Jimenez, Jr., Ferdinand
L. Hemandez, Marlyn "Len" 8. A]onte, Erie G. Yap, Rose Marie "Baby" J. Arenas, Argel Joseph T.
Cabatbat,  Joy  Myra  Salvador-Tambunting,  "Kuya"  Jose  Antonio  R.  Sy-Alvarado,  Pablo  Jo'hn  F.
Garcia, Elenita Milagros "Eileen" Ermita-Buhain, Joey Sarte Salceda, Junie E. Cua, Jose "Ping-Ping"
I.  Tejada,  Micaela S.  Violago, Greg G.  Gasataya, Romeo M.  Jalosjos, Jr., Horacio P.  Suansing, Jr.,
Francisco Jose "Bingo" F.  Matugas,  CPA,  CESO,  LLB,  Jose Enrique "Joet"  S.  Garcia,  Ill,  Ruwel
Peter S. Gonzaga, Teodorico T. Haresco, Jr., Luisa Lloren Cuaresma, Juliette T. Uy, Paul Ruiz Daza,
Jocelyn  Sy  Limkaichong,  Manuel  F.  Zubiri,  Manuel  T.  Sagarbarria,  Loma  P.  Bautista-Bandigan,
Peter John D. Calderon. Luis N. Campos, Jr., David "Jay-Jay" C. Suarez, Sandro L. Gonzalez, Romeo
S. Mono, Vincent Franco "Duke" D. Frasco, Yasser Alonto Balindong, Angeo Marcos Barba, Joseph
Sto.  Nifio  8.  Bemos, Narciso  R.  Bravo,  Jr.,  Alfel  M.  Bascug,  Wilfredo  "Willy"  S.  Caminero.,  Carl
Nicolas C. Cai, Maximo Y. Dalog, Jr„ Abdullali D. Dimaporo, Jumel Anthony I.  Espino, Joce]lyn F.
Fortuno,  Arm  K.  Hofer,  Glona  G.  I,abadlabad,  Mario  Vittoro  "Marvey"  A.  Marino,  Maricel  G.
Natividad-Nagafio,  MD,  Na.  Lucille  L.  Nava,  MD,  Pablo  C.  Ortega,  Emmarie  "Lolypop"  Ouano-
Dizon,  Eddiebong  G.  Plaza,  Geraldine  8.  Roman,  Hector  S.  Sanchez,  Loma  C.  Silverio,  Kristine
Singson-Meehan,  John  Reynald  M.  Tiangco,   Kristine  Alexie  8.   Tutor,  Diego  `Nonoy"  C'.  Ty,
Rosanna  "Ria"  Vergara,  Elizaldy  S.  Co,  Sergio  C.  Dagooc,  Godofredo  N.  Guya,  Stella  Luz  A.
Quimbo,  Lawrence  "Law"  H.  Fortun,  Manuel  D.  Cabochan,  Ill,  Wilfrido  Mark  M.  Enverga,  Wes
Gatchalian, Raymund Democrito C. Mendoza, Josephine Ramirez-Sato, Rufus 8. Rodriguez, Edgar S.
Sarmiento as principal authors thereof.
In view of the foregoing, approval of this measure is earnestly sought.
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Republicofthephilippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTI] CONGRHSS
First Regular Sessin
HouseBi||No.8046
Introduced by Representative Midy N. Cua
Lone Distrtot, Quirino
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AN ACT
PROVIDING A FRAMF]WORK T0 PROTECT AND PROMOTE THE RICH.T T0
ADEQUATE FcOD
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress assembled:
SHCTI0N I. Sfeor/ rj.//e. -This Act shall be known as the  "Jij.gfe/ /a j4c7eg#clre Fooc7,4c/. "
SEC 2. Dec/clrcz/jaw o/Po/i.c};. -- 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.
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. Towards this end, the State shall provide for
framework to address and elininate hunger in an organized manner, and protect the right of the people
to adequate food.
SEC. 3. De#7zz.¢.our. -As used in this Act:
a.    Dz.e/crry #eeczs refer to  a mix of nutrients for physical  and mental growth,  development and
maintenance,  and  physical  activity,  that  follow  human  physiological  needs  at  all  stages
throughout the life cycle, and according to gender and occupation;
b.    Foes refers to solid, liquid and semi-liquid nourishment, as well as dri]king water, and when
taken into the body serves to nourish, build and repair tissues, suppl,v energy, or regulate body
processes;
c.    FoocZ a/ochac7e refers to an act of cutting off food supplies from a particular al-ea by force,
either in part or totally;
d.    FoocJ emerger}ey 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 resulting from pests or
diseases;  or by human agency such  as  internal  or international  armed conflict;  or infectious
disease  outbreaks  or  pandemics.  such  as  Severe Acute  Respiratory  Syndrome  (SARS)  and
Coronavirus 19 disease (COVID-19);
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e.    Fooc7 Soverc!.g7¢ty  refers  to  the  right  of people  to  healthy  and  culturally  appropriate  food
produced through ecologically sound and sustainable methods, and their right to define their
own food and agriculture systems,  putting the  aspirations  and needs  of those who produce,
distribute and consume food at the heart of food systems and policies rather than the demands
of markets and corporations;
f.    H##ger refers to  a condition  in which people do not get enough food to  eat to provide the
necessary nutrients for fully productive, active and healthy living due to the unavailability and
inaccessibility of food, which may be (a) acute,  such as during a major disaster when food
supply channels  are  cut,  (b) chronic, when people are regularly  not getting enough  food to
conduct an active  life for a long time,  or (c)  a condition of starvation, which  is not having
enough food of any sort to eat, or (d) undernourishment, which is having enough food to eat,
but of inadequate quality; and
9.    yw/#erc}b/e  growps  refer  to  those  who  are  particularly  disadvantaged  such  as  indigenous
peoples, ethnic, linguistic or religious minorities, persons with disabilities, persons living with
Human lmmunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndr(]me (AIDS),
refugees  and  intemally  displaced  people,  elderly,  women,  including  pregnant  and  lactating
mothers and children, particularly those from zero to twenty-three (23) months of age.
Z2       SEIC. 4. Progressive Realization of the Right to Adequate Food. -Every personhas the rigivf to have
23       regular,  permanent  and  unresthcted  access,  either  directly  or  by  means  of financial  purchases,  to
24       quantitatively  and  qunlitatively  adequate,  sufficient  and  safe  food,  corresponding  to  the  cultural
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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.
The  right  to  adequnte  food  is  realized  when  every  man,  woman  and  child,  alone  or  in
29       community with others, have physical and economic access at all times to adequate food, or means for
its procurement.  The right to adequate food must 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 must be realized progressively.
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34        SEC. 5. Co7~e can/e#/ or /rfee jtj.gfe/ fo <4dcgwo/e Foes. ~ The core content of the right to adequate food
35        includes the concepts of fcod availability and accessibility, which must be in a quantity and quality
36       sufficient  to  satisfy  the  dietary  needs  of individuals,  and  in  ways  that  are  sustainable,  and  do  not
37       interfere with the enjoyment of other human rights.
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39       SEC.  6. Foes j4degwczc}7 Sfcz7edarc7.  - Central  to  the  realization  of the  right to  adequate  food  is  the
40       standard  of adequacy  in terms  of quality,  quantity  and  cultural  acceptability,  sustainability  of food
41        availabiLityand access.
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43                      The  standard  of  adequacy  includes  a  number  of  factors  which  must  be  considered  in
determining  whether  particular  foods  or  diets  that  are  accessible  can  be  considered  the  most
appropriate under given circumstances. Sustainability is intrinsically linked to the concept of adequate
food or food security, implying that food must be accessible to both present and future generations.
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48                      The  concept  of adequacy  to  a  large  extent  is  determined  by  prevailing  social.,  economic,
49       cultural,   climatic,   ecological   and   other   conditions,   while   sustainability   incorporates   long-term
50       availability and accessibility.
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1        SEC. 7. 4vcr]./czbz./i.fy s/c}ndcw.c7. --Food must be available for feeding oneself directly from productive
2       land or other natural resources,  or for well-functioning distribution,  processing and market systems
3       that can move food from the site of production to where it is needed in accordance with demand.
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5        SEC. 8. 4ccessz.bJ./J.ty slczmc7arc7. -Food accessibility is both economic, which refers to the acquisition
6       pattern or entitlement which through people procure their  food,  and  physical,  where  food must  be
7       accessibleto everyone.
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9                      Economic accessibility means that the personal or household financial cost associated with the
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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.
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15                      Physical  accessibility  means  that  adequate  food  must  be  accessible  to  everyone,  including
16       physically vulnerable individuals, such as infants and young children, elderly people, those belonging
17       to the informal sector, the physically disabled, the teminally ill and persons with persistent medical
18       problems, including the mentally ill. Victims of natural disasters, people living in disaster-prone areas
19       and other specially disadvantaged groups, and many indigenous peoples groups whose access to their
20       ancestral  lands   is  threatened,  need  special  attention  and  priority  consideration  with  respect  to
21        accessibility offood.
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23                       Socially  vulnerable  groups  such  as  landless  persons  and  other  particularly  impoverished
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segments of the population may need attention through special programs.
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26        SEC. 9. Cat/r#j.cz/ or cous#mer*4ccep/c}bl./j.ty. -In providing food, there is a need to consider, as far as
27       possible, the perceived non-nutrient based values attached to food, and the consumer's concerns on the
28        accessible food supplies.
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30                      Food must be free from adverse substances to ensure food safety. Measures must be taken to
31        maintain,  adapt  or  strengthen  dietary  diversity  and  appropriate  consumption  and  feeding  patterns,
32       including optimal breast-feeding, to ensure that changes in availability and access to food supply do
33       not negatively affect dietary composition and intake. Care must also be taken to identify and avoid or
34       destroy naturally occurring toxins.
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36                     Freedom from adverse substances implies that the requirements for food safety and a range of
37       protective measures are implemented to prevent contamination of foodstuff through adulteration, bad
38       environmental hygiene, or inappropriate handling at different stages throughout the food chain.
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40       SEC. LO. Conditions f or the Exercise of the Right to Adequate Food. -Every person has the rigivf to
41        live in conditions that shall enable the personto:
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a.    Acquire  food directly  from productive  land  or other natural  resources;  or rely on well-
functioning food distribution, processing and market systems, or both;
b.    Acquire  food directly from productive  land or other natural resources;  or rely on well-
functioning food distribution, processing and market systems, or both;
c.    Be safe from the risk of losing access to food, as a consequence of sudden shocks, like an
economic  or  climatic  crisis,  or  one  that  is  brought  about  by  internal  displacements  of
people, or cyclical events, such as seasonal food insecurity;
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d.    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
e.    Access food or diet that is the most appropriate under given circumstances,  in terms of
their nutritional value and cultural acceptability.
Every infant, girl and t)oy,  has a right to adequate food and to optimal health, development
and nutrition adequate for their age, gro\^th and development.
Every  woman  has  a  right  to  adequate  food  and  adequate  nutrition  during  pregnancy  and
12        lactation.
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14                      Unless it is provided by law, or is necessary for the purpose of a compelling public interest,
15       and is compatible with the nature of the right to adequate food, there is no limitation on the right to
16       adequate food.
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18       SEC.11. Freec7o";o" f7"#ger. -Every person has a right to be free from hunger. Every of suffering
19       from person suffering from hunger or under nutrition, or at risk hunger or under nutrition is entitled to
20       a minimum amount of food according to one's age, sex, health status and occupation, as provided for
21        in section  19 of this Act.
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23       SEC.  12.  Prj.#cz.p/es.  -  The  provisions  of this  Act  are  founded  on  the  rights-based  principles  of
24       participation, transparency, human dignity, accountability, non-discrimination, empowerment and rule
25       of law, and are consistent with the progressive realization of the right to adequate food.
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27        SEC.  13. IVo#rdf.scr;.mJ.#a/z.o#.  -- Any distinction,  exclusion  or restriction  made on the  basis  of race,
28       color, sex, age,  language, religion, political or other opinion, national or social origin, property, birth
29       or other status, which has the effect or purpose of impairing or limiting the capacity of an individual to
30       exercise the right to adequate food, is unlawful and shall be sanctioned in accordance with law.
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32                      All forms of discrimination against women with regard to the right to adequate food, including
33       less  favorable treatment of women for reasons of pregnancy and matemity,  shall be eliminated  and
34       prevented. The equality of opportunities between men and women shall be promoted.
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36                      The prohibition of discrimination shall not include government action to remedy past effects
37       of discrimination against particular individuals or groups and to promote equality of opportunities with
38       regard to the right to adequate food.
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40       SHC.  14. Govemrme#/ Ob/j.gr/I.o#s.  -The State, as the primary duty bearer, has the duty to respect,
41       protect and fulfill the right to adequate food and maintain food sovereignty, in accordance with the
42       conditions provided under section lo of this Act.
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44                      The state has the core obligation to take the necessary action to mitigate and alleviate hunger,
45       even in times of natural or other disasters. The right to be free from hunger ensures a minimum daily
46       nutritional intake and the bare survival of a person. The right to adequate food goes beyond freedom
47       fromhunger.
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a.    Respec/ -the State has the obligation not to interfere with or impair the enjoyment of the
right to adequate food. No public authority may deprive any person of food or means for
its procurement, apply laws and regulations, or pursue a policy or practice, in a way that
may result in preventing the enjoyment of or infringing the human right to adequate food,
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or repeal  formally  or suspend  legislation necessary for the continued  enjoyment of the
right to adequate food.
b.    Pro/ec/ - 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 shall take
preventive  measures  necessary to  protect persons  whose  capacities  to  access  sufficient
and adequate fond or means for its procurement are endangered by the acts of others. It
also  must  review  the  relevant  administrative  and  legislative  framework  ensuring  that
activities within their competence undertaken by private actors do not infringe on the right
to adequate food of others.
c.    Fw/¢// -the State  shall facilitate the enjoyment of the right to adequate food by adopting
or pursuing appropriate policies and measures that promote the human right to adequate
food  and  to  create  and  maintain  conditions  under  which  every  person  carl  freely  and
regularly enjoy the right to adequate food.
SEC.15. rczrge/b'. -The State shall ensure that in two and half years (2 i/2) after the effectivity of this
Act, the incidence of hunger is reduced by twenty-frve percent (25%), from the level recorded at the
time of the passage of this Act: Provjdec7,  That five (5) years after the effectivity of this Act,  such
incidence of hunger will be further reduced by twenty-five percent (25%): J'rovz.cJed, ¢rJfeer, That in
seven and a half (7  I/2) years, the incidence of hunger will be father reduced by twenty-five peroent
(25%): Prov!.dec7, ¢#c7/ly, That in ten (10) years, there shall be zero hunger incidence.
The  State shall  also ensure that within ten (10) years  from the  effectivity of this Act,  land
25       devoted to food production is increased to fifty percent (50%) of all prime agricultural l{md in every
26       region,   and,   within   the   same   period,   the   State   shall   ensure   that  the   following   indicators   are
27       considerably and steadily increased:
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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,    irrigation,   training,
technology, credits and rural development;
e.    Percentage  of  rural  female-headed  households,  or  rural  women,  with  legal  title  to
agriculture lands;
f.     Percentage of public budget allocation for social transfer programs to those unable to feed
themselves;
9.    Coverage  of marginalized  and  disadvantaged  population  taking  part  in  social  transfer
programs;
h.    Percentage of marginalized and disadvantaged population covered by a public nutrition
supplement program;
i.     Percentage of population aware of available food and nutrition programs; and
j.     Coverage ofschcol feeding programs.
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The  percentage  rates  used  as  indicators  herein  shall  also  be  stipulated  in  the  rules  and
regulations issued to implement the provisions of this Act.
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4                      Periodic   reviews   shall   be   undertaken   to   ensure   compliance   with   set   targets.   In   the
5        implementation of this Act,  priority  shall  be given to  identify areas  with chronically malnourished
6       population. In measuring the incidence of hunger, the key primary data sources will include national
7       nutrition surveys, household surveys of the philippine statistics Authority (PSA), namely the Family
8       Income and Expenditure survey and the Annual poverty Indicators survey, and global hunger indices
9       as benchmarks.
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SEC.  16.  /#s/i.fcif;.o"cI/ jzespo7!sz.bz./I.fz.es.  -The  following agencies of the goveminent  are required to
fulfill  their  respective  mandates  in  a  matter  that  shall  ensure  full  implementation  of the  primary
objectives of this Act:
a.    Department of Agriculture (DA);
b.    Department of Agrarian Reform (DAR);
c.    Deparment of Budget and Management (DBM);
d.    Department of Education (DepEd);
e.    Department of Environment and Natural Resources (DENR);
f.     Department of Health (DOH);
9.    Department of the Interior and Local Government (DILG);
h.    Department of Justice (DOJ);
i.     Department of Labor and Employment (DOLE);
j.     Department of public works and Highways (DPWH);
k.    Department of social welfare and Development (DSWD);
I.     Department of science and Technology (DOST);
in.   Department of Trade and Industry (DTI);
n.    Commission on Human Rights (CHR);
o.    Commission on Higher Education (CHED);
p.    National Anti-Poverty commission (NAPC);
q.    National Economic and Development Authority (NEDA);
r.    National Food Authority (NFA);
s.    National Nutrition council (NNC);
t.     Technical Education and skills Development Authority (TESDA); and
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u.    other agencies and instrumentalities of the government whose functions are necessary for
the efficient and effective inplementation of the right to adequate food.
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5                      In   addition,   the   development   of  a   fully   integrated   whole-of-government   approach  to
6       implement the national poliey governing the right to adequate food  and the use of a human rights-
7       based   approach   for   the   establishment   and   implementation   of  the   national   policy   must   be
8        i nstituti onal ized.
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10        SEC.17. Commz`£sz.o# ow ffee Rz.gfof Jo j4cJeq#cz/e Fooc7. ~ There is hereby created a commission on the
1 1        Right to  Adequate Food,  hereinafter referred to  as the Commission,  which  shall be  attached to the
12       Office of the president.
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14                      The commission shall be the primary policy-making and coordinating body to guarantee full
15       exercise  of the  right  to  adequate  food.  It  shall  exercise  monitoring  and  oversight  functions,  apply
16       human rights principles,  conduct objective impact assessment on all  government policies,  programs
17       and projects prior to adoption and implementation, work in close cooperation, and coordination with
18       relevant  government  agencies  and  in  consultations  with  civil  society  organizations  and  the  private
19       sector, and use all available resources for the efficient and effective implementation of this Act.
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21                       It shall formulate a national  food policy consistent with the policy formulated  by the  lnter-
22       Agency Task Force on zero Hunger. The commission shall implement programs of action to eradicate
23        hunger, achieve food security, improve nutrition, and promote sustainable agriculture.
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The Commission on the Right to Adequate Food shall 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;
c.    Adopt operational guidelines and rules of procedure, and cite for contempt individuals and
groups for their violations 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  wl.lose  right  to
adequate food has been violated or needs protection;
e.    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;
9.    Monitor  the  Govemment's  compliance  with  its  obligations  in  regard  to  the  right  to
adequate food;
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h.    Request the assistance of any department, bureau, office or agency in the perfomance 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.
SHC.  18. Compofz./j.o#.  -The Commission is composed of a chairperson and two (2) members who
must be natural-born citizens; at least thirty~five (35) years of age, at the time of their appointment;
and  must not have been candidates for any elective position in the elections immediately preceding
their appointment. At least one ( I ) of them must be a member of the Philippine Bar.
The  Chairperson  and  members  of the  Cormission  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 affect 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 coxporatious or their subsidiaries.
The Chairperson  and  members of the Commission shall be  appointed by the  President and
shall  not  be  reappointed  to  another  term.  From  among  the  members,  one  (1)  shall  serve  as  the
chairperson   and   shall   hold   offlce   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  members  of the  Commission  shall  receive  the  sane  salary,  benefits,
privileges and emoluments of a cabinet secretary and undersecretary, respectively.
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31        SHC.19. SJcrndclrds o# Jfoe ,4mo##r o/Food. -Within one (1) year from the effectivity of this Act, the
32       Commission shall.  in consultations with the DSWD, DILG, NNc and the DOH, issue guidelines on
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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 carmot take care of theii. own needs,
due to reasons beyond their control, including children whose parents die or disappear, or otherwise
no longer take care of them, elderly, and persons with disabilities. The guidelines include:
1)   The  exact  quantity  of  calories,  proteins  and  micronutrients,  to  which  the  mininuln
amount of food will correspond, according to the age, sex, health status and occupation of
a Person;
2)   A simple and accessible application or certification procedure for the minimum anount of
food entitlement with transparent, fair and non-discriminatory eligibility   or certification
criteria; and
3)   Relief mechanisms to ensure that such individuals are provided with their minimum food
requirement.
Speciflc  support  measures  shall  be  designed  and  adopted  to  prevent  or  compensate  for
disadvantages of the identified vulnerable persons or groups suffer from, with regard to the enjoyment
of their right to adequate food.
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1       SEC. 20. Emerge#cl.es. -The commission in coordination with the National Disaster Risk Reduction
2       and Management council OJDRRMC) shall:
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a.    Provide food emergency responses which sufficiently cover both early waming responses
and  disaster  preparedness  in  case  of crisis;  and  organize  and  manage  food  responses
efficiently and effectively;
b.    Ensure that food  supply responses  are  compatible  with  the  right to  adequate  food and
international standards regulating emergencies; and
c.    Initiate  requests  for  international  assistance  in  case  of necessity,  and  supervise  and
coordinate properly the distribution of food to intended recipients.
14        SEC.   21.   J#/or"cr/I.o#   Dz.sse"z.#crfJ.o#.   -  All   government   agencies,   un(ler   the   direction   of  the
15        Commission  in  coordination with  the  Philippines News Agency  (PNA)  and  Philippine  Information
16        Agency(PIA),shall:
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a.    Inform the population about the rights established in this Act and the implementing rules
and  regulations  adopted  upon  its  passage  into    law  and  other  measure  taken  for  the
purpose of facilitating and promoting the realization of the right to adequate f{]od; and
b.    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.
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26       SEC. 22. Edwca/;.o# c}7!d t4wc}reness Progro".  -The Commission,  in coordination with the DepEd,
27       CHED and TESDA, shall ensure that:
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29                      a.    School curriculum includes material related to food and nutrition education,  the right to
30                             adequate food and human rights principles; and
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32                      b.    Relevant adult education and training programs shall include materials related to food and
33                              nutrition, the right to adequate food and human rights principles.
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35        SEC.  23.  /#feri'!afj.o#cz/  Cooperczfz.ow.  -  The  Commission,  in  coordination  with  the  CHR  and  the
36       Department ofForeign Affairs (DFA), shall:
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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;
b.    Promote international cooperation and help ensure the realization of the right to adequate
food in other countries, if in a position to do so; and
c.    Ensure that international and other agreements which the Philippine Government enters
into, consider the guarantee on the right to food.
48        SHC. 24. A4o#z./or!.7®g cz#c7 Ev4/wcr/i.o# Sys/em.  -There  shall  be an integrated monitoring that system
49       shall ensure that all government agencies at all levels, under the supervision of the commission on the
50       Right to Adequate Food, shall:
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a.    Collect data related to food and nutrition security,  using monitoring methodologies and
processes consistent with human rights principles;
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. 2S. Representation and Participation Of People 's  Cirganizalions  and Civil  Society. -To s,haul
ensure guarantee public participation, the Commission that:
a.    All persons can freely and meaningfully participate in all forms of public discourse, access
information  and  exercise  freedom  of  association,  in  relation  to  the  fonnulation  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
c.    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.
SEC. 26. Pe#cr/ Provi.sl.o#S. -The penalty of imprisonment of six (6) months and one (I ) day to six (6)
years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five
hundred thousand pesos (P500.000.00), or both, at the discretion of the court, shall be imposed on any
person who causes the starvation or denial of the access to food of any particular individual or group,
through the commission of any of the following acts:
a.    blockade;
b.    refusal to implement a food-related program;
c.    discrimination in implementing a food-related program;
d.    negligence in implementing food-related programs, resulting in death;
e.    obstructing access to food in time ofcalanity or war;
f.     theft, corruption or black marketeering of food being given as humanitarian aid, in times
of calamity or war;
9.    distribution  of expired,  or  uusafe  food  at  a  school  feeding  program  or  other  feeding
program, 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.
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2                      Provz.dad  77ic7f,  the  penalty  is  imposable  without  prejudice  to  any  other  criminal,  civil  or
3       administrative  liability  under  existing  laws.  If the  act  committed  is  food  blockade  during  armed
4       conflict, the penalty imposable shall be without prejudice to the application of Republic Act No. 985l,
5       or the "Philippine Act on crimes against International Humanitarian Law, Genocide and other crimes
6       against Humanity," and other relevant  laws.
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SEC.  27.  Cz.vz./ cznd 4cJmj.#z.s'frcz/7.vc  £7.czbi./z.rz.es.  - The  government  shall  ensLire the  enjoyment  of the
rights  guaranteed in this Act and perfonn the duties provided for in this Act. 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 and administrative liability that may be incured.
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13                      If the violator is a public official or employee, in addition to the penalty of imprisonment or
14       fine or both, the accessory penalty ofpexpetual  absolute disqualification to hold public office shall be
15        imposed.
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SEC.  28. 4zxpraprj.cz/I.o#s.  -  There  shall  be  an  allocation  in  the  annual  budget  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.
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22       SHC. 29. /mp/ene#/z.#g A"/es cznd Regc¢/a/I.our.  -Within sixty (60) days from the eifectivity this of
23       Act,  the  Chairperson  of the  Commission  shall,  in  coordination  with the  CHR,  DA,  DAR,  DSWD,
24       DOH9   DTI,   DPWH,   NEDA,   NNC   and  NAPC,   and   people's   organizations   and   human   rights
25       nongovemmental  organizations,  promulgate  the  necessary  rules  and  regulations  for  the  effective
26       imp]ementation of this Act.
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28        SEC.   30.   Rc}/I.o7;a/z.zcrfi.o#   o/ Po/I.cj.es.   -All   existing  policies,   laws,   decrees,   executive   orders,
29       memorandum   orders,   memorandum   circulars,   administrative   orders,   and   ordinances   shall   be
30       rationalized and interpreted in way that shall guarantee the realization of the right to adequate food as
31        providedforbythisAct.
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33                      Cabinet secretaries and other executive authorities involved in the implementation of the right
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to adequate food 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.
38        SEC.  31. Sepczrc!b7./i.fy C'/c}w;se.  -If any  provision  of this Act  is  held unconstitutional  or  invalid,  all
39       other provisions not affected thereby shall remain valid.
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41        SHC.  32.  RepecrJj.#g  C/czase.  -All  laws,  decrees,  executive  orders,  rules  and  regulations  or  parts
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thereof, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.
SEC. 33. E#ec#.w.ty. -This Act shall take effect fifteen (15) days after its publication in the O#cj.c}/
Gc}ze//e or in a newspaper of general circulation.
48                     Approved,
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