Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2288

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
ENSURING THE AVAILABILITY, ADEQUACY, ACCESSIBILITY AND SAFETY
OF FOOD TO EVERY FILIPINO

EXPLANATORY NOTE

‘The Philippines is a country that is regularly hit by natural and human-
induced disasters and the need for early warning systems is paramount.
Access to such information ensures that vulnerable communities have the
capacity for evidence-based and timely decision-making even before a crisis
arises.

‘The huge and fast-growing population in the Philippines is often cited as
the main factor driving the country’s global competitiveness and improve
attractiveness to investment. While reports indicate that there is enough food
to feed the entire country, many Filipinos, especially children below the age of
five, continue to suffer from malnutrition due to inadequate intake of food and
nutrients.

In the 2018 Global Food Security Index by the Economist Intelligence
Unit (EIU), the Philippines ranked 70th out of 130 countries. Such ranking is
an improvement from the 2017 index, where the country ranked 79th out of
113. However, this still puts us 34th out of 57 middle-income countries
surveyed. Out of 23 Asia-Pacific countries included, we ranked 14th, only
ahead of Myanmar (19th), Cambodia (21st) and Laos (23rd) in the ASEAN.

‘The country ranked 74th for food affordability, 63rd for food availability,
69th for quality and safety and 101st in terms of natural resources and
resilience. Among the sub-categories, the Philippines again ranked first in only
one, nutritional standards pointing perhaps to our perennial problem with
being excellent in law-making, but extremely poor in implementation.


Among its many provisions, the foregoing measure explicitly lists down
governmental obligations of the State to respect, protect, and fulfill every
Filipinos’ right to adequate food. It also lays out specific percentage targets on
the reduction of hunger, ultimately aiming for the zero incidences of forced
hunger within a ten year period.

This measure seeks to address the following concerns: 1) food
availability, stability, and adequacy; 2) food quality and safety; 3) the
determination of standards on the minimum amount of food to be given to any
person suffering from hunger or undernutrition; 4) physical and economic
access to food; and, 5) well-functioning distribution, processing, and market
systems.

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

‘RED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

206

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
ENSURING THE AVAILABILITY, ADEQUACY, ACCESSIBILITY AND SAFETY
OF FOOD TO EVERY FILIPINO

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 “Right to
Adequate Food Framework Act of 2019”

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

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

Section 3. Definition of Terms. ~ 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 off 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 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 necessary nutrients for fully productive, active and
healthy living due to the unavailability and inaccessibility of food. It can
be acute, such as during a major disaster when food supply channels are
cut, or chronic, when people are regularly not getting enough food to
conduct and 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;

f) Vulnerable groups refers to those who are particularly disadvantaged.
These include indigenous peoples, linguistic or religious minorities,
persons with disabilities, persons living with Human Immunodeficiency
Virus (HIV) or Acquired Immune Deficiency Syndrome (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.

Section 4. Normative Content. - The right to adequate food is realized
when every man, woman and child, alone or in 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. However, States have the core obligation 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 a person. The right 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 since it underlines
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, improving that food must be accessible to both
present and future generations. The precise meaning of adequacy is to
a large extend 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:

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;

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 that 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, as well as to ensure that changes in availability and
access to food supply as a minimum do not negatively affect dietary

composition and intake.

d) 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 foodstuff 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 refers to the need 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.

f) The concept of 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

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move food from the site of production to where it is needed in
accordance with demand.
g) Accessibility refers to economic and physical accessibility:

1 Economic accessibility means 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 may need attention
through special programs.

2 Physical accessibility means 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 priority consideration with
respect to accessibility of food. A particular vulnerability is that
of many indigenous peoples groups whose access to their
ancestral lands is threatened.

Section 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 of other natural resources; or

b)

°)

rely on well-functioning food distribution, processing and market
systems, or both;

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

to be safe from the risk of losing access to food, as a consequence
of sudden shocks, 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;


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

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

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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.

Section 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 one’s age, sex, health status and occupation, as provided for
in Section 13 of this Act.

Section 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 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 favourable treatment of women for
reasons of pregnancy and maternity, shall be eliminated and prevented. The
equality of opportunities between men and women shall be promoted.

Section 8. Principles ~The principles upon which the provisions of this
Act are founded are:

a. 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 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 responsibilities and functions to public authorities
for the implementation and compliance with the framework and any
subsequent measures to be taken. In addition, the expected results
are spelled out clearly and appropriate procedures are established.

. Non-discrimination - The protection for human rights must be
objectively and reasonably be 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 measure 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. The people also have the power to
demand information on the processes that feed into the achievement
of the particular entitlement, which provide an easy and low-cost
corrective check to malfeasance.

. Human dignity ~ Persons have absolute and inherent worth, simply
because they are humans, and 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, must treat persons equally and respect their human
worth and dignity.

Empowerment ~ The people have the power, capacity, capability and
access means to improve 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 specific provisions for
awareness-raising, capacity-building and education on the right to
adequate food.

g. 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.
Rules and regulations to be adopted for ensuring the implementation
of this Act shall be clear, fair and accessible. The rule of law also
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.

Section 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 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 suspended legislation necessary for the continued enjoyment of
the right to adequate food.

b. Protect -the State has the duty to provide guarantee 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 capacities to access
sufficient and adequate food 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. Fulfill — the State has the power to 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 can
freely and regularly enjoy the right to adequate food. It is equally
the duty of the State 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,
disappear or otherwise no longer take care of them.

Section 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 by
twenty-five percent (25%), from the level recorded at the time of the passage of
this Act: Provided, That five (5) years after the effectivity of this Act such
incidence of hunger will be further reduced by twenty-five percent (25%):
Provided, further, That in seven and a half (7 1/2) years, it will be further
reduced by twenty-five percent (25%): Provided, finally, That in ten (10) years
there shall be a zero incidence of hunger.

‘The State shall ensure that the following indicators will considerably and
steadily increase:

a.
b.
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I

Percentage of development of ancestral lands;

Percentage of rural population with access to productive resources;
Share of budget spent on programs aimed at creating access to
productive resources;

. Percentage of budget spent on agri-research, agri-extension,

irrigation, training, technology, credits and rural development;

. Percentage of rural female-headed households, or rural women,

with legal title to agriculture lands;
Percentage of 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.

The percentage of the foregoing indicators shall also be stipulated in the
implementing rules and regulations of this Act.


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.

Section 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:

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. 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);

. Department of Budget and Management (DBM);
. Department of Transportation (DOT1);
. Department of Information and Communication Technology (DICT);

Department of Human Rights (CHR);

. Food and Nutrition Research Institute (FNRI);

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 a fully-integrated whole of government
approach 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.

Section 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 the implementation and 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 on the Right to Adequate Food will have the following
powers:

a. Establish a National Food Policy and a continuing program of research,
education and information to enhance respect for the primacy of the
right to adequate food;

b. Adopt operational guidelines and rules of procedure, in relation to the
National Food Policy

c. Recommended 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;

d. Provide appropriate legal measures for the protection of the right to
adequate food of all persons within the Philippines, as well as Philippine
citizens residing abroad, and provide for preventive measures and legal
aid services to the under-privileged whose right to adequate food has
been violated or needs protection;


e. Receive complaints of violations of the right to adequate food from
individuals and groups; and cite for contempt for their violation, in
accordance with the Rules of Court.

f. Investigate, motu propio, or upon complaint by any party, all forms 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.

The Commission shall be composed of a Chairperson and two (2) members
who must be natural-born citizens of the Philippines and, at the time of their
appointment, at least 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 (1) of them must 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 affected by the functions of their office,
nor shall they be financially interested, directly or indirectly, in any contract
with, or in any franchise or privilege granted by the government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or
controlled corporations or their subsidiaries.

‘The Chairperson and the Members of the Commission shall be appointed by
the President and shall not be reappointed to another term. From among the
Members, one shall serve as the Chairperson and shall hold office for ten (10)
years, 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 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 Undersecretary and
Assistant Secretary, respectively.


Section 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 or is at risk 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
resource procedures to the Commission for complaints and appropriate
remedies in case of a determined violation of the right to adequate food. For its
part, the DSWD shall establish an appropriate monitoring and evaluation
mechanism and report to the Commission on the right to food 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
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, 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 to ensure that all identified vulnerable groups are covered
appropriately. The Commission shall adopt and develop specific support
measures that are in accordance with right to food standards and human
rights principles.

Section 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 :


a. Food emergency responses sufficiently cover both early warning
responses and disaster preparedness in case of a crisis; and food
responses are organized and managed efficiently and effectively, and are
complaint with the right to adequate food and relevant international
standards;

b. Food supply responses are compatible with the right to adequate food
and international standards regulating emergencies; and,

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

Section 15 Information Dissemination. ~ All government agencies, under
the direction of the Commission on the Right to Adequate Food, in coordination
with the Philippines 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 adequate food; 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.

Section 16. Education and Awareness Program. ~ The Commission on
the Right to Adequate Food, 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.

Section 17. International Cooperation. The Commission on the Right to
Adequate Food, in coordination with the CHR and the Department of Foreign
Affairs (DFA), shall:

a. Ensure that activities undertaken in other countries, including those by
private actors, do not infringe on the enjoyment of the right to adequate


food by people in the concerned countries, in coordination with DA, DTI,
DOH and NEDA and other relevant agencies;

b. 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 0; and,

c. Ensure that international and other agreements which the Philippine
Government enters into, take into account the guarantee on the right to
food.

Section 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 on the Right to Adequate
Food, shall:

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, sec, 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.

Section 19. Representation and Participation of People’s Organizations
and Civil Society. ~To guarantee public participation, the Commission on the
Right to Adequate Food shall ensure that:

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

b. Civil society and other stakeholders actively participate in the
institutions that oversee the realization of the right to adequate food, as
well as in formulating capacity building mechanisms and special
measures for disadvantaged groups; 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.


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

. blockade;

. refusal to implement a food-related program;

. discrimination in implementing a food-related program;

|. negligence in implementing food-related programs, resulting in death;

. obstructing access to food in time of calamity or war;

theft, corruption or black marketeering of food being given as

humanitarian aid, in times of calamity or war;

g. distribution of expired, or unsafe food at a school feeding program 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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Provide 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 and International Humanitarian Law,
Genocide and Other Crimes against Humanity,” and other relevant laws.

Section 21. Civil and Administrative Liabilities. — Any public officer or
employee who directly or indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of a person’s right guaranteed under this 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 here declared a ministerial duty on the part of the Government to
ensure the enjoyment of the rights guaranteed in this Act and to perform the
duties provided for in this Act. 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.

Section 22. Appropriations. — There will 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 will be aimed at the progressive
realization of the right to adequate food over the long term.

Section 23. Implementing Rules and Regulations. - The Commission on
the Right to Adequate Food shall issue 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 ordinance 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 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.

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

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

Section 27. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,