Hees oF

RECEIVED
Republic of the Philippines 18
HOUSE OF REPRESENTATIVES — DATE:_1 8 JUL 2016
Quezon City, Metro Manila Tinie: "I

BY:
SEVENTEENTH CONGRESS
First Regular Session

1645

RESSTRATION UNIT
NJ ANDEX. SERVICE

House Bill No.

Tntroduced by HON. LINABELLE RUTH R. VILLARICA
4™ DISTRICT, BULACAN

EXPLANATORY NOTE.

‘The State must address the matter of hunger affecting Filipinos by ensuring adequate
food for all. This will provide for a healthy and strong population, better equipped to push
the Philippines to progress and prosperity.

In the fourth quarter of 2013, however, the Social Weather Survey fielded from 11 to
16 December 2013, found 18.1% or an estimated 3.90 million families experiencing
involuntary hunger at least once in the past three months. The Social Weather Station found
an average hunger rate of 19.5% for the year 2013. This, notwithstanding the various
existing laws that guarantee certain aspects of the right to adequate food, namely: R.A. No.
6657 (Comprehensive Agrarian Reform Law); R.A. No.8435 (Agricultural and Fisheries
Modernization Act); R.A. No. 8550 (Philippine Fisheries Code); R.A. No. 7607 (Magna
Carta for Small Farmers); R.A. No. 7884 (National Dairy Act); R.A. No. 7900 (High Value
Crops Act); R.A. No. 8178 (Agricultural Tariffication Act); R.A. No. 7308 (Seed Industry
Development Act); R.A. No. 9168 (Plant Variety Protection Act); R.A. No, 7581 (Price Act);
R.A. No. 71 (Price Tag Law); R.A. No. 7900 (High Value Crops Development Act); R.A No.
8550 (Philippine Fisheries Code); E.0. No. 51 (Milk Code); and R.A. No. 8976 (Philippine
Food Fortification Act).

This bill seeks to provide for an adequate food framework law to help strengthen food
programs, harmonize these laws and to ensure that they are effectively implemented. ‘This
framework law will improve accountability in the delivery of these food programs.

‘Support for the enactment of this measure is eamestly requested.

Atfllaraer

REP. LINABELLE RUTH R. VILLARICA

TATIVES


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

SEVENTEENTH CONGRESS
First Regular Session

A ts
House Bill No, 184°

Introduced by HON. LINABELLE RUTH R, VILLARICA
4"™ DISTRICT, BULACAN

AN ACT
PROVIDING A FRAMEWORK FOR THE RIGHT TO ADEQUATE FOOD,
ESTABLISHING FOR THE PURPOSE A COMMISSION ON THE RIGHT TO.
ADEQUATE FOOD AND APPROPRIATING FUNDS THEREFOR

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

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

SEC. 2. Declaration of Policy. ~ It shall be the policy of the State to guarantee the
right to adequate food which is a matter of legal entitlement, consistent with human rights
and human dignity,

The State shall provide for a framework to address and eliminate hunger in an
organized manner

SEC, 3. Definition of Terms. — As used in this Act, the following terms shall be
defined as follows:

a.) Food is nourishment that includes solid, liquid and semi-liquid nourishment, as
well as drinking water;

b.) Hunger is starvation, which is not having not enough food of any sort to eat, to
undernourishment, which is having enough food to eat, but of inadequate quality:

¢.) Right to adequate food is the right to have regular, permanent and unrestricted
access, either directly or by means of financial purchases, to quantitatively and
qualitatively sufficient food, corresponding to the cultural traditions of the people,

1


to which he or she belongs, and which ensure a physical and mental, individual
and collective, fulfilling and dignified life, free of fear;

4.) Vulnerable groups are particularly disadvantaged. These include indigenous
peoples, ethnic, linguistic or religious minorities, persons with disabilities,
individuals living with HIV/AIDS, refugees and internally displaced people,
women and children.

SEC. 4, Conditions for the Exercise of the Right to Adequate Food. ~ Every person has
the right to live in conditions that enable him or her to:

a.) either feed himself or herself directly from productive land or other natural resources,
or rely on well-functioning distribution, processing and market systems or both;

b.) be financially able, not only to acquire a sufficient quantity and quality of food, but
also to satisfy his or her basic needs;

.) be safe from the risk of losing access to food, as a consequence of sudden shocks, like
an economic or climatic crisis, or cyclical events, such as seasonal food insecurity;

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

€,) access foods of diets that are the most appropriate under given circumstances, in terms
of their nutritional value and cultural acceptability.

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

SEC. 5. Freedom from Hunger. ~ Every person has a right to be fee from hunger. Every
person suffering from hunger or undernourishment, or at risk of suffering from hunger or
undemourishment, is entitled to a minimum amount of food according to his or her age, sex,
health status and occupation, a provided for under Section 16 of this Act.

SEC. 6. 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 his or her right to adequate food, is unlawful and will be
sanctioned in accordance with the law.


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

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

SEC. 7. Targets. ~ The Government will ensure that in two and a half years, the incidence
of hunger will be reduced, from the level current at the time of the passage of the framework
act, by 25%; in five years, it will be further reduced by 25%; in seven and a half years, it will
be further reduced by 25% ; and in ten years, zero hunger will be achieved.

‘The Government will also ensure that in 10 years, land devoted to food production will be
inereased to 50% of all prime agricultural land in every region.

Periodic reviews will be undertaken to ensure compliance with set targets. In the
implementation of this framework act, priority will be given to identified areas with
chronically malnourished individuals. In measuring the incidence of hunger, the key primary
data sources will include the National Nutrition Surveys (NNS): the Survey of Hunger
Incidence in the Philippines (SHIP); the self-rated hunger indicator of the Social Weather
Stations (SWS); and the household surveys of the National Statistics Office (NSO), namely
the Family Income and Expenditure Survey (FIES) and the Annual Poverty Indicates Survey
(APIS).

SEC. 8. Impact Assessment. - All proposed government actions, plans and projects
including any development plan, will take into account the right to adequate food, and will
undergo an objective impact assessment prior to its adoption and implementation.

Any strategic intervention aimed at ensuring the enjoyment of the tight to adequate food
will similarly undergo an objective impact assessment prior to its adoption and
implementation.

SEC. 9. Commission on the Right to Adequate Food; Composition. ~ There is hereby
created a Commission on the Right to Adequate Food attached to the Commission on Human
Rights (CHR).

SEC. 10. Composition; Qualifications; Salary. — It shall be composed of a Chairperson

and two members who shall be appointed by the President for a term of seven (7) years

without reappointment. Their reappointment to any vacancy will be only for the unexpired

term of their predecessor. Of those first appointed, the Chairperson will hold office for seven

(7) years, a Commissioner for five (5) years, and another Commissioner for three (3) years
3


without reappointment. In no case shall any Member be appointed or designated in a
temporary capacity.

They shall be natural born citizens, and at least thirty five (35) years of age at the time of
their appointment. At least one of them shall be a member of the Philippine Bar.

The Chairperson and the Members of the Commission will receive the same salary and
benefits as the Chairperson and Members, respectively of the Constitutional Commissions,
which shall not be decreased during their term of office.

SEC. 11. Prohibition against Holding any Other Office. — The Chairman and Members of
the Commission shall not hold any other office or employment during their tenure. ‘They
shall not, during their tenure 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 corporation or their
subdivisions.

SEC. 12. Powers and Functions of the Commission on the Right to Adequate Food. ~ The
following are the powers and functions of the Commission on the Right to Adequate Food:

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

b,) Investigate, motu proprio or on 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 for their
violation, 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 underprivileged whose
right to adequate food has been violated or needs protection;

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

£) 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 of the right to
adequate food;
4


g.) Monitor the Philippine 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 f

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

In exercising its powers and duties, the Commission on the Right to Adequate Food shall:
1. Apply the human rights principles as declared under this Act;

2. Work in close cooperation with representatives of civil society and take their views
into consideration;

3. Use to the fullest extent possible the services, facilities and information, including
statistical information, of the relevant public and private bodies and organizations, to
prevent duplication of efforts and expenses.

SEC. 13. Institutional Responsibilities. — In implementing the right to adequate food, the
Commission on the Right to Adequate Food may call out other agencies to ensure the right to
adequate food. In the implementation of the right to adequate food, the Department of
Agriculture (DA) will have the primary duty to ensure food availability, stability and
adequacy; the Department of Health (DOH) will have the primary duty to ensure food quality
and safety; the Department of Trade and Industry (DTI) will have the primary duty to ensure
physical and economic access to food; and the Department of Public Works and Highways
(DPWH) will have the primary duty to ensure well-functioning distribution, processing and
market systems.

SEC. 14, Inter-Agency Council on the Right to Adequate Food. ~ To facilitate inter-
agency cooperation, there shall be created an Inter-Agency Council on the Right to Adequate
Food, which will be headed by the Chairperson of the Commission on the Right to Adequate
Food, which will be composed of the following additional agencies:

a.) Department of Agriculture (DA);

b.) Department of Agrarian Reform (DAR);

.) Department of Health (DOH);


4.) Department of Trade and Industry (DTI);

e.) Department of Public Works and Highways (DPWH);

£) Department of Environment and Natural Resources (DENR);
g.) Department of Energy (DOE);

h,) Department of Social Welfare and Development (DSWD);
i.) National Economic and Development Authority (NEDA);
j.) National Anti-Poverty Commission (NAPC);

k.) National Disaster Coordinating Couneil (NDCC);

1.) Philippine News Agency (PNA);

1m.) Philippine Information Agency (PIA);

n,) Two (2) representatives of people’s organizations; and

0.) Two (2) representatives of non-government organizations.

SEC.

15. Powers and Functions of the Inter-Agency Council on the Right to Adequate

Food. = The Council members shall formulate programs and projects to provide strategic
interventions to respect, protect and fulfill the right to adequate food. The Council shall also
serve as the monitoring body in regard to the right to adequate food initiatives.

‘The council members that are government agencies may designate their duly authorized
representatives with the rank of assistant secretary or its equivalent. The council members
who are representatives of people’s organizations and non-governmental organizations will
be chosen by the Commission on the Right to Adequate Food from a list of nominees
provided by the people’s organizations and non-governmental organizations engaged in the
promotion of the right to adequate food. These members shall attend council meetings, and
will receive emoluments as may be determined by the council, in accordance with existing

budget and accounting rules and regulations.


SEC, 16. Minimum Amount of Food. ~ The Commission on the Right to Adequate Food,
in coordination with the Department of Social Welfare and Development (DSWD), will
ensure regular, reliable and timely delivery of a minimum amount of food, which is the exact
quantity of calories, proteins and micronutrients corresponding to age, sex, health status or
occupation of a person pursuant to a certification procedure, or the means for its procurement,
to persons who are suffering from hunger or undernourishment, or are at risk from suffering
from hunger or undernourishment, but who cannot take care of their own needs, due to
reasons beyond their control, including, but not limited to, children whose parents die or
disappear, or otherwise no longer take care of them, elderly, and persons with disabilities,

‘There shall be a fair, independent and accessible recourse procedure to the Commission
on the Right to Adequate Food for complaints and appropriate remedies in case of a
determined violation of the right to adequate food. For purposes of monitoring and
evaluation, the DSWD shall report to the Commission on the Right to Adequate Food on a
regular basis. Specific support measures shall be designed and implemented to prevent or
compensate for disadvantages that identified vulnerable groups suffer from, in regard to the
enjoyment of their right to adequate food, subject to review by the Commission on the Right
to Adequate Food, and where necessary, will give further guidance, so as to ensure that all
groups are covered appropriately.

SEC. 17. Emergencies. ~ During emergency situations, the Commission on the Right to
Adequate Food in coordination with the National Disaster Coordinating Council shall:

a.) Organize and manage early warning preparedness for a crisis as well as comply with
international standards on the right to adequate food;

b.) Prepare adequate food responses based on international standards during emergencies;

©.) Request for international assistance when necessary, alongside supervising and
coordinating the distribution of food received.

SEC. 18. Information. ~ All government agencies, under the direction of the Commission
on the Right to Adequate Food, in coordination with the PNA and the PIA shall:

a.) Inform the public about the rights established in this framework act together with its
implementing rules and regulations and the measures taken for the purpose of
facilitating and promoting the realization of the right to adequate food.

'b.) Use the most appropriate ways of information dissemination so as to reach out to the
most marginalized areas of the population with high rate of illiteracy.


SEC. 19. Education and Awareness Raising. ~The Commission on the Right to Adequate
Food in coordination with the Department of Education (DepEd), the Commission on Higher
Education (CHED) and the Technical Education Skills Development Authority (TESDA)
shall:

a.) Include in the school curriculum materials related to food and nutrition education, the
right to adequate food, and human rights principles.

b,) Adult education and training programs, when relevant, include materials related to
food and nutrition, the right to adequate food, and human rights principles.

SEC. 20. 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; and

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 so.

SEC. 21. Monitoring System. ~ There shall be an integrated monitoring system in which
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 procedures
consistent with human right principles as established by this Act;

b.) Disaggregate collected data by age, sex, status and group;
c.) Monitor progress achieved in the realization of the right to adequate food; and

d.) Establish an early warning mechanism.

SEC. 22. Representation and Participation of People's Organizations and Ci
To ensure public participation, the Commission on the Right to Adequate Food shall:

jociety. —

a.) Provide free and meaningful participation, including freedom of information and
freedom of association;

b.) Conduct consultations on specific areas of implementation of this framework Act;


c.) Ensure in national public hearings every two (2) years at which the Government is
required to report on the progress of the implementation of this framework act and the
progressive realization of the right to adequate food.

SEC. 23. Penal Provisions. ~ The penalty of prision mayor shall be imposed on any
public or private person who deliberately starves or denies access to food to any particular
individual or group, as though the commission of any of the following acts:

a.) Food blockade or the willful effort to cut off supplies from a particular area by force
either by force either partially or totally;

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

£) Theft, corruption or black marketeering of food being given as a humanitarian aid, in
time of calamity or war;

g,) Distribution of expited, or unsafe food at a school feeding program or other feeding
program, in time 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.

The penalty is imposable without prejudice to any other criminal, civil or administrative
liability under Philippine law.

SEC. 24, Civil and Administrative Liabilities. - Any public officer or employee who
directly or indirectly obstructs, defeats, violates or in any manner impairs any person's rights
guaranteed under this framework act, shall be liable to him for damages. Any violation of a
provision of this framework act, whether committed by public or private persons, will
similarly give rise to liability of damages.

It is hereby declared a ministerial duty on the part of the Government to ensure the
enjoyment of the rights guaranteed in this framework act, and to perform the duties embodied
in it. Appropriate cases may be filed before the courts to compel compliance with the

9


provisions of this Act. These cases shall be without prejudice to liability for damages, as well
as administrative liability that may be incurred.

SEC. 25. Appropriations. ~ There shall be authorized to be appropriated such amounts as
necessary to carry out the provisions of this Act. Afterwards, such sums as may be necessary
for the implementation of this Act shall be included in the General Appropriations Act.

SEC. 26. Implementing Rules and Regulations. ~ The CHR shall issue the necessary rules
and regulations to implement the provisions of this Act within sixty (60) days from its
effectivity, in coordination with the DA, DAR, DSWD, DOH, DTI, DPWH, NEDA, NAPC
and with the participation of people’s organizations and human rights non-governmental
organizations,

SEC. 27. Separability Clause. — If any provisions or part hereof, is held invalid or
unconstitutional, the remainder of the law of the provisions not otherwise affected shall
remain valid and subsisting.

SEC. 28. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with,
the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC, 29. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation,

Approved,

10