Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

EXPLANATORY NOTE

‘Around one in every ten Filipinos suffer from involuntary hunger every day. Defining
involuntary hunger as ‘experiencing hunger without anything to eat’, a 2018 Social Weather
Stations study showed that more than 12 million out of 104 million Filipinos suffer from
involuntary hunger every day.

In addition, per a Fact Sheet! by the United Nations, chronic, long-term lack of access
to adequate food causes severe hunger and malnutrition, leaving victims more vulnerable to
preventable death and disease.

To prevent involuntary hunger, the Fact Sheet provides that food must be available,
accessible, and adequate. First, available means that the State should ensure that food may be
obtained through natural means or through shops or markets. Second, accessible refers to
economic and physical access to food. Economic access means that food should be
affordable, while physical access means that even people in remote areas should be able to
obtain food. Finally, adequate means that food should meet dietary and cultural needs.

‘According to the Fact Sheet, the right to adequate food is not merely a moral duty—
but a legally binding human rights obligation for being recognized and mandated by the
following:

(a) The 1948 Universal Declaration of Human Rights;
(b) The 1966 Intemational Covenant on Economic, Social and Cultural Rights;
(c) The 1996 World Food Summit;

' The ES to re Food, United Nations Office of the High Commissioner on Human Rights,
https a P 7 S paf, last accessed on September 15, 2019.



(@ The 1999 General Comment No. 12 of the Committee on Economic, Social and
Social Rights;
(e) The 2000 United Nations Millennium Declaration; and the
(f) 2004 Voluntary Guidelines to Support the Progressive Realization of the Right to
‘Adequate Food in the Context of National Food Security.
‘Thus, its international and constitutional duties to protect human dignity and human
rights compel this Congress to eliminate involuntary hunger in the Philippines.
This proposed measure seeks to eliminate involuntary hunger in the Philippines
through four main means:

FIRST. Guarantee the freedom from hunger for all Filipinos;
SECOND. Vest every Filipino with the right to adequate food;
THIRD. Establish the Commission on the Right to Adequate Food; and
FOURTH. Create, empower, and institutionalize means by which the
provisions of this proposed measure may be so that the Philippines will

have a zero-incidence of hunger in ten years.

The goal of eliminating involuntary hunger in ten years will not be easy as it will
require the commitment of a great deal of resources in terms of money, effort, and goods.

But in doing so, the 18 Congress will be remembered as the one that institutionalized
the Right to Adequate Food, forever guaranteeing every Filipino with the Freedom from
Hunger.

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

——
ISTINO ‘INNO’ A. DY V


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4666

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

ANACT
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:

SEC. 1. Short Title. - This Act shall be known as the “Right to Adequate Food Act.”

SEC. 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.


SEC. 3. Definition of Terms. — As used in this Act:

a)

b)

°)

a)

e)

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;

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;

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 an 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;

Vulnerable groups refer to those who are particularly disadvantaged. These include
indigenous peoples, ethnic, 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.

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SEC. 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 to
adequate food goes beyond freedom from hunger. Central to the realization 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, implying that food must be accessible to both present and future
generations. The precise meaning of adequacy is to a large extent 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,

3


d

e)

g

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.

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 concems regarding the nature of accessible food supplies.

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 move food from the site of production to where
it is needed in accordance with demand.

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

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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.

SEC. 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 or other natural resources; or rely on well-
functioning food distribution, processing and market systems, or both;
b

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

c) 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.

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

e)

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.

SEC. 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.


Sec. 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 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 favorable 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.

The prohibition of discrimination will not 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. 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.

b)

Accountability — Public officials are answerable to their superiors and to the people they
serve. Application of the principle of accountability in the context of the right to
adequate food framework under this Act requires clear assignment 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 measures 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.

dq)

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.

e)

‘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.

f) 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.

SEC. 9. Governmental Obligations. ~ The State has the duty to respect, protect and fulfill 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 suspend legislation necessary for the continued enjoyment of the right
to adequate food.

b)

Protect — 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 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.

¢)

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

8


for right to adequate food, by adopting and putting in place measures 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.

SEC. 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 tl

this Act such incidence of hunger will be further reduced by twenty-five percent (25%):

Provided, further, That in seven and a half (7 %) 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

hun

ger.

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

increase:

a.
b.

c.

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 percentages 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.

SEC. 11. Institutional Responsibilities. ~The following agencies of the government are
required to fulfill their respective mandates in a manner that will ensure full implementation of
the primary objectives of this Act:
a. Department of Agriculture (DA);
b. Department of Agrarian Reform (DAR);
c. Department of Education (DepEd);
d. 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);
i. Department of Public Works and Highways (DPWH);
Department of Social Welfare and Development (DSWD);
k. Department of Science and Technology (DOST);
1. Department of Trade and Industry (DTI);
m. Department of Budget and Management (DBM);
. Department of Transportation (DOT?);
Department of Information and Communications Technology (DICT);

rR mo

=

. Commission on Human Rights (CHR);

. Food and Nutrition Research Institute (FNRI);
National Anti-Poverty Commission (NAPC);

s. National Economic Development Authority (NEDA);

t. National Food Authority (NFA);

u. National Nutrition Council (NNC);

2 pe

vy. Technical Education and Skills Development Authority (TESDA); and

10


w. 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.

SEC. 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. 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;

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

ut


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;

g. 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;

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, 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 shalll 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.

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The Chairperson and the Members of the Commission shall receive the same salary,
benefits, privileges and emoluments of a Undersecretary and Assistant Secretary, respectively.

SEC. 13. Standards on the Amount of Food. - The DSWD, in coordination with the local
government units (LGUS) concemed, 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 recourse 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, 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, such as landless people,
street children, urban poor or unemployed 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.

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SEC. 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 compliant 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 ited in case of necessity and distribution of

food to intended recipients is properly supervised and coordinated.

SEC. 15. Information Dissemination. — All government agencies, under the direction of the
Commission on the Right to Adequate Food, in coordination with the Philippine 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 to 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.

SEC. 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.

14


SEC. 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 so; and,

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

SEC. 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, sex, income, bracket, civil status and ethnicity;
©. Monitor progress achieved in the realization of the right to adequate food; and,
d. Establish or identify an early waming mechanism for food supply shortages and
emergencies.

SEC. 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. Alll 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.

1s


SEC. 20. Penal Provisions. — The penalty of prision 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:

a. blockade;

b. refusal to implement a food-related program;

c. discrimination in implementing a food-related program;

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

e. 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.

Provided 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 against International

Humanitarian Law, Genocide and Other Crimes against Humanity,” and other relevant laws.

SEC.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
rights 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 hereby 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.

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SEC. 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.

SEC. 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.

SEC. 24. Rationalization of Policies. ~ All existing policies, laws, decrees, executive orders,
memorandum orders, memorandum circulars, administrative orders, and ordinances 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.

Concemed 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.

SEC. 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.

SEC. 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.

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SEC. 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,