, , 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
11AY 28 P 3 :48 
SENATE 
S, No. 
2790 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING THE PHILIPPINE BASIC EDUCATION NUTRITION AND 
PERFORMANCE ACCELERATION PROGRAM, APPROPRIATING FUNDS 
THEREFOR 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 15 provides: 
SEC. 15. The State shall protect and promote the 
right to health of the people and instill health 
consciousness among them. 
According to the United Nations Children's Fund (UNICEF), early 
childhood until the age of eight is critical for the cognitive, physical and emotional 
development of a child.
l 
Thus, education imparted to a child during his or her first decade of learning 
will in large part determine the opportunities avail.able to him or her in the future. 
In order to give today's children every opportunity of succeeding, fulfilling their 
nutritional requirements during these formative years is essential. Doing so is made 
even more imperative given that hunger impairs a child's ability to learn by 
I Freedom from Hunger, "World Hunger Facts," URL <https:!!www.freedomfromhunger.orglworld-
hunger-facts> 
1 


" ' 
, , 
hampering their cognitive and physical growth and leaves them more vulnerable to 
d· 
2 
Isease. 
Despite the existing dangers to a child's education progress due to hunger, 
we consider the following facts: 
1. Sixty-six million primary-age children in the developing world go to class 
hungry.3 
2. In the Philippines, due to hunger, 8.6% of school-aged children between the 
ages of 5-19 years old suffer from acute malnutrition.4 
These statistics show that we have much to do to address the needs of our 
school children. 
Thus we need to enact a measure that addresses the Issue of eradicating 
hunger and malnutrition among our young scholars by providing them with the 
proper nutritional requirements to succeed at school and in life. 
This bill mandates a school-based feeding program spearheaded by the 
National Nutrition Council. 
This is the Senate counterpart bill of House Bill No. 5348, otherwise known 
as Nutriskwela Act, authored by Rep. Sherwin Gatchalian. 
~~ )~ 
MIRIAM DEFE~~ANTI~GO 
.1f 
2 National Hunger Association, "Facts About Child Nutrition," URL 
<http://www.nea.org/home/39282.htn> 
3 Stop Hunger Now, "Facts on Hunger," URL <http://www.stophungernow.org/hunger-facts> 
4 Rodriguez, Fritzie, "Latest PH Nutrition Survey Reveals Little Progress in Beating Hunger." Rappler. 10 
July 2014. 
2 


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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'15 
MAY 28 P 3 :43 
SENATE 
S. No. 
2790 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
ESTABLISHING THE PHILIPPINE BASIC EDUCATION NUTRITION AND 
3 
PERFORMANCE ACCELERATION PROGRAM, APPROPRIATING FUNDS 
4 
THEREFOR 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
5 
SECTION 1. Short Title. - This Act shall be known as the "Nutriskwela 
6 
Act." 
7 
SECTION 2. Declaration of Policy. - The State recognizes the primacy of 
8 
education as a means to a better life. Towards this end, the State shall enact 
9 
measures to promote meaningful education for everyone and aid our students in 
10 
need by addressing their nutritional requirements and providing them sufficient 
11 
nourishment to help them make the most of our educational system. 
12 
SECTION 3. The Program. - The Philippine Basic Education Nutrition and 
13 
Performance Acceleration Program (Program) is hereby established. The Program 
14 
shall have the following objectives: 
15 
a. 
Institutionalize a production and servIce system to address the 
16 
nutritional and dietary needs of elementary school children during school hours; 
1 


1 
b. 
Streamline the vanous school children feeding programs of the 
2 
Department of Education, the Department of Social Welfare and Development, and 
3 
other government agencies into one system in order to increase efficiency in the 
4 
use of allocated resources; 
5 
c. 
Eliminate the incidence of the nutritionally wasted and severely 
6 
wasted condition among children enrolled in public elementary schools; 
7 
d. 
Accelerate and improve the academic performance and participation 
8 
and physical development of children during the course of their basic education 
9 
course; 
10 
e. 
Further mcrease elementary education enrolment rates and school 
11 
attendance records; 
12 
f. 
Empower local government officials, members of the community and 
13 
other local stakeholders to actively participate in the nutritional and educational 
14 
development of their local children; 
15 
g. 
Ensure transparency, accountability, and efficacy in the disbursement 
16 
and distribution of funds and goods for the purposes of this Act. 
17 
There shall be established a feeding program directed towards the students 
18 
most in need of proper nourishment. The beneficiaries of this program shall be 
19 
entitled to one free meal to be made available to them within the first two hours of 
20 
their school shift. 
2 


1 
SECTION 4. National Committee. - The National Nutrition Council and its 
2 
member agencies, constituent departments, and committees shall be the 
3 
implementing body of the Program. 
4 
The National Nutrition Council Governing Board, its Secretariat and 
5 
Technical Committee, hereinafter referred to as the National Committee, shall be 
6 
primarily responsible for policy formulation and evaluation of the Program. 
7 
Specifically, the National Committee shall have the following functions: 
8 
a. 
Define the optimal nutrition standards and create a meal plan that will 
9 
meet the essential dietary requirements of children for active and energetic 
10 
participation in school. The standards shall take into consideration the traditional 
11 
dietary patterns of the area and food supplies that are locally available; 
12 
b. 
Create an operations manual that details the Program system and 
13 
instructs the various sub-committees on their specific role in the implementation of 
14 
the program, including but not limited to rules and guidelines concerning logistics, 
15 
procurement, uniform brand and packaging identity and quality control. The 
16 
National Committee shall then disseminate said manual to the sub-committees; 
17 
c. 
Draft and organizational staffing plan that outlines the number, nature 
18 
and position of the personnel required by the subcommittees for the purpose of 
19 
implementing the Program; 
20 
d. 
Facilitate 
efficient policy 
coordination between the 
varIOUS 
21 
committees, agencies, civil society and private sector stakeholders referred to 
22 
under this Act; and 
3 


1 
e. 
Establish a strategy for prioritized implementation of the Program in 
2 
areas where severe malnutrition occurs and in conflict areas. 
3 
SECTION 5. Regional Nutrition Committees. - The Regional Committees 
4 
shall be primarily responsible for overseeing the implementation of the production 
5 
and service level of the Program by the City Nutrition Committees of those 
6 
designated by law as independent component or highly urbanized cities. 
7 
Specifically, the Regional Committees shall have the following functions: 
8 
a. 
Conduct regular on-site inspections of the food preparation and 
9 
delivery operations of the Program undertaken by the City Committees under their 
10 
supervlslOn; 
11 
b. 
Submit quarterly progress reports to the National Committees 
12 
detailing the level of accomplishments of the City Committees under their 
13 
supervision and evaluating their compliance with the operations manual and other 
14 
pertinent provisions of this Act; and 
15 
c. 
Develop and implement quality control strategies to maintain and 
16 
even baseline of service quality among the City Committees under their 
17 
jurisdiction. 
18 
SECTION 6. Provincial Nutrition Committees. - The Provincial Committees 
19 
shall likewise perform the functions of the Regional Committees in overseeing the 
20 
Municipal Committees, and the City Committees not otherwise covered under Sec. 
21 
5 of this Act. 
4 


1 
SECTION 7. Local Committees. -
The City and Municipal Nutrition 
2 
Committees, hereinafter referred to as Local Committees, shall be primarily 
3 
responsible for the implementation of the production and service level of the 
4 
Program. Specifically, the Local Committees shall perform the following 
5 
functions: 
6 
a. 
Procure the necessary raw foodstuffs and other materials to prepare 
7 
the meals, which shall be, to the extent possible, sourced from local suppliers; 
8 
b. 
Coordinate the necessary logistical support for implementation of the 
9 
Program, including but not limited to the delivery of food stuffs to the preparation 
10 
facilities, the preparations of the meals on-site, and distribution of the meals to the 
11 
students; 
12 
c. 
Implement the organizational staffing plan to ensure the training and 
13 
employment of the necessary support staff for the efficient implementation of the 
14 
Program; and 
15 
d. 
Submit a monthly progress report to the corresponding Regional or 
16 
Provincial Committee detailing vital Program success indicators, including but not 
17 
limited to the quantity and price of food stuffs procured, the number of meals 
18 
prepared and served daily, the participation rate among students covered under this 
19 
Act, among others. The report should also indicate any Program weaknesses, 
20 
liabilities or other problems incurred during the implementation of the Program. 
21 
SECTION 8. Barangay Nutrition Committees. - The Barangay Committees 
22 
shall be primarily responsible for documentation and other auxiliary concerns. 
23 
Specifically, the Barangay Committees shall perform the following functions: 
5 


1 
a. 
Record and document the daily serVIce indicators and other 
2 
information at the school level, including but not limited to the indicators 
3 
mentioned in Section 7 (d) of this Act, and forward the information to their 
4 
respective Local Committees; and 
5 
b. 
Formulate and implement strategies to encourage volunteerism and 
6 
engagement in the Program by members of the community to supplement 
7 
manpower needs and improve service quality. 
8 
SECTION 9. Deworming. -
In order to improve the effectiveness of 
9 
nutritional outcomes of the Program, the Department of Health (DOH) shall be 
10 
responsible for coordinating a deworming program which shall serve all students 
11 
identified as Program beneficiaries under Sec. 4 of this Act. The deworming shall 
12 
be conducted annually within the first quarter of each academic year. The DOH 
13 
shall promulgate the implementing rules for a deworming program which shall 
14 
include the following: 
15 
1. Identification ofthe beneficiaries 
16 
2. Procurement of the necessary medicine and equipment 
17 
3. Establish a schedule for implementation which shall be coordinated with 
18 
the activities of the Program as provided in this Act. 
19 
SECTION 10. Implementation Areas. -
For the first three years of 
20 
implementation of this Act, the National Committee shall pick the five poorest 
21 
provinces in the priority areas as provided under Section 4(e) which shall serve as 
22 
the pilot areas for implementation and shall be limited to public elementary and 
6 


1 
high school institutions. During the third year of said implementation and every 
2 
year thereafter, the National Committee shall make a recommendation to the 
3 
President on the additional provinces, cities or municipalities that may be covered 
4 
by the Program. The recommendation must be acted upon by the President within 
5 
six months of its submission, otherwise, it shall be deemed disapproved by the 
6 
President. 
7 
Upon approval of the President, the necessary funds for additional 
8 
implementation shall be included in the next annual budget. 
9 
SECTION 11. Beneficiaries. - The Local Committees shall maintain a strict 
10 
list of beneficiaries for this Program. The National Committee shall establish an 
11 
enrolment system for the Program as well as delisting. The enrolment system shall 
12 
have at least the following guidelines: 
13 
1. The poorest students shall be prioritized and assisted 
III any 
14 
administrative requirement for this Program. 
15 
2. Only enrolled students may be recipients ofthis Program. 
16 
The National Committee may provide for other guidelines to ensure that the 
17 
resources are properly directed to the students who most in need. 
18 
SECTION 12. Role of the Department of Education. - In addition to its 
19 
responsibilities as a member agency of the National Committee, the Department of 
20 
Education (DepEd) shall have the following responsibilities: 
7 


· . 
1 
a. 
Coordinate with the participating Program schools to install sufficient 
2 
permanent facilities for the purpose of preparing the student meals, subject to the 
3 
provisions of applicable laws on sanitation; 
4 
b. 
Implement an assessment system to track the academic performance 
5 
ofthe Program beneficiaries; and 
6 
c. 
Provide logistical support for the Program at the school level, as 
7 
necessary. 
8 
SECTION 13. Role a/the Department a/Social Welfare and Development.-
9 
In addition to its responsibilities as a member agency of the National Committee, 
10 
the Department of Social Welfare and Development (DSWD) shall use its 
11 
expertise in feeding programs to assist the Local Committees at the production and 
12 
service level of implementation of the Program. The DSWD shall also assist the 
13 
National Committee in identifying and targeting priority areas as provided under 
14 
Section 4(e) ofthis Act. 
IS 
SECTION 14. Role of the Technical Education and Skills Development 
16 
Authority. - The Technical Education and Skills Development Authority (TESDA) 
17 
shall provide assistance to the Local Committees in training and employing 
18 
personnel as provided under Section 7(c) of this Act. 
19 
SECTION 15. Private Sector Participation. - Private sector participation is 
20 
encouraged under this Act. The National Committee, in cooperation with the 
21 
subcommittees, the Department of Finance, and relevant government agencies, 
22 
shall formulate a system of incentives to encourage corporate social responsibility 
23 
and individual donations for the benefit of the Program through various methods, 
8 


1 
including but not limited to income tax credits, discounts for business permits 
2 
registration or other assistance. 
3 
SECTION 16. Monitoring and Quality Control. - The National Committee 
4 
in coordination with its subcommittees and the Local Committees shall strictly 
5 
monitor the activities that will be conducted at the production and service level of 
6 
the program. The procurement, handling, storage, transportation and sanitation of 
7 
the products whether in its raw or end stage must ensure that the quality and safely 
8 
protocols are followed and that measures are undertaken for the prevention and 
9 
control of food safely problems. Towards this end, the National Committee shall 
10 
facilitate the training and development of operating guidelines in food safely under 
11 
this Program to ensure reliable and consistent food products. 
12 
The Local Committees shall ensure the actual delivery of the food to the 
13 
student-beneficiaries in accordance with the program specification and 
14 
requirements. A weekly compliance report, to include the liquidation and summary 
15 
of expenses shall form part of the quarterly assessment on the Program. 
16 
SECTION 17. Performance and Financial Audit. - To further strengthen 
17 
accountability and improve public expenditure management, with the end in view 
18 
of eliminating waste and ascertainment of the effectiveness of the program, a 
19 
quarterly performance audit shall be conducted by the Commission on Audit in the 
20 
first two years of the program's implementation and every year thereafter. 
21 
The audit shall provide and overall picture of how various segments of the 
22 
program are implemented and whether the expected roles and responsibilities of 
9 


.' , 
1 
stakeqolders are met, which outcome may lead to the identification of areas where 
2 
improvements can be introduced, and shall include, among others: 
3 
1. 
Review of the procedures of the program; 
4 
2. 
Evaluation ofthe performance reports by the Local Committees; 
5 
3. 
Random interview of staff involved III the implementation of the 
6 
program; and 
7 
4. 
Documentation of reports and validation from data source. 
8 
SECTION 18. Prohibition on Political Signage. - The Local Committees 
9 
shall ensure that the packaging of the meals and other produced materials are in 
10 
conformity to the uniform packaging and branding identity contained in the 
11 
operations manual as provided in Sec. 4 (b) of this Act. It shall be prohibited for 
12 
any public officer to alter or cause any alteration in the packaging and branding 
13 
identity, including but not limited to: 
14 
a. 
Affixing or causing to be affixed, the name, image, or logo of any 
15 
public official on any production and service level materials related to the 
16 
Program; and 
17 
b. 
Installing or causing to be installed, signage at the implementation site 
18 
or at any other place crediting and individual public officer for implementation of 
19 
any level ofthe Program, or bearing his or her image, name or logo. 
20 
SECTION 19. Penal Provision. - Any public officer committing any of the 
21 
prohibited acts in the preceding section shall be punished with imprisonment of not 
10 


" 
" 
I 
less than six months nor more than one year, and perpetual disqualification from 
2 
public office. 
3 
SECTION 20. Appropriations. - For the initial operating expense of the 
4 
Program, the sum of Five Hundred Million Pesos (P500,000,000) is hereby 
5 
appropriated from the Presidential Social Fund. 
6 
Thereafter, such sum necessary for its continuous implementation shall be 
7 
included in the annual General Appropriations Act. 
8 
SECTION 21. Separability Clause. - If any provision or part hereof, is held 
9 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
10 
affected shall remain valid and subsisting. 
II 
SECTION 22. Repealing Clause. - Any law, presidential decree or issuance, 
12 
executive order, letter of instruction, administrative order, rule or regulation 
13 
contrary to or is inconsistent with the provision of this Act is hereby repealed, 
14 
modified, or amended accordingly. 
15 
SECTION 23. Effectivity Clause. - This Act shall take effect fifteen (15) 
16 
days after its publication in at least two (2) newspapers of general circulation. 
Approved, 
lapm04242015 
11