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

Sixteenth Congress
First Regular Session

HOUSE BILL NO, 8872

Introduced by REP, LINABELLE RUTH R. VILLARICA

EXPLANATORY NOTE

One of the Millennium Development Goals is to eradicate extreme
poverty and hunger. The aim is to halve, between 1990 and 2015, the
proportion of people who suffer from hunger as indicated by the prevalence of
underweight children under-five years of age and the proportion of
population below minimum level of dietary energy consumption.

However, based on the Sixth National Nutrition Survey, carried out by
the Food and Nutrition Research Institute (“FNRI”) in 2008, our progress
towards achieving the goal of halving the prevalence of underweight children
under-five years of age is behind schedule. According to the FNRI, 27% or
over 3 Million children who are between 0-5 years old are underweight for
their age, 30% or close to $.5 million of them are short for their age and 5.5%
or over half'a million are thin or wasted. Similarly, it was found that 2 out of
3 infants 6 months to less than 1 year of age and 1 out of 2 children 1 year to
less than 2 years of age were anemic and likely to suffer from long-term
cognitive impairment.

Further, the FNRI found that in 2008, 27% of pregnant women were -
nutritionally at risk of delivering low birth-weight babies and that among
lactating women, 12% were chronically energy deficient and therefore, have
compromised caring capacities.

On the other hand, the Food & Agriculture Organization of the United
Nations cites, in its website, protein-energy malnutrition and micronutrient
deficiencies as the leading nutritional problems in the Philippines. According
to said organization, malnutrition in the Philippines is caused by a host of
interrelated factors ~ health, physical, social and economic, among others.


About 28 Million Filipinos are unable to buy food to meet their nutritional
requirements and other basic needs.

The problem is confounded by the various natural calamities that have
beset the country. Recently, with the devastation brought by typhoon Yolanda,
the United Nations warned that 1.5 million children in typhoon ravaged areas
of the Philippines are at risk of malnutrition. Moreover, according to the UN,
close to 800,000 pregnant and nursing mothers need nutritional help.

It is clear therefore, based on the foregoing that the issue of
malnutrition needs to be given a special focus. The immediate approval of this
Act is, therefore, earnestly sought.

REP. LINABELLE RUTH R. VILLARICA


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

Sixteenth Congress
First Regular Session

HOUSE BILL NO._887 2

Introduced by REP. LINABELLE RUTH R. VILLARICA

AN ACT PROVIDING FOR A COMPREHENSIVE MALNUTRITION
PROGRAM
AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Title. — This Act shall be known as “The Malnutrition-Free
Act of 2014”.

SEC. 2. Declaration of Policy.— The right to health is a fundamental
principle guaranteed by the State. Section 15, Article 2, the 1987 Constitution
emphasizes that “The State shall protect and promote the right to health of the
people and instill health consciousness among them.” Moreover, pursuant to
various international human rights instruments and agreements that the State
adheres to, the State guarantees the right to adequate food, care and nutrition
to children, specially those from zero to five-years old.

‘The State likewise declares its determination to eliminate hunger and to
reduce all forms of malnutrition and that hunger and malnutrition are
unacceptable, The State further maintains that nutrition is both an end-goal
and a means to achieve sustained development. It is a multi-faceted issue
requiring committed inputs from all sectors. As such, nutrition shall be a
priority of the government to be implemented by all its branches in
collaboration with non-government organizations and the private sector, in an
integrated manner.


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The State furthermore allocates its resources in a sustainable manner
thereby eradicating malnutrition of women of reproductive age, pregnant
women, and children from 0 to 24 months.

The State finally refocuses the intervention program on malnutrition to
the first 1,000 days of a child’s life, i.e. the nine months in the womb and the
first 24 months of his/her life which are crucial in preventing malnutrition.

SEC. 8.Objectives—This Act specifically aims to:

(a) Provide a more comprehensive, sustainable and multisectoral
approach to address malnutrition;

(b) Provide a policy environment conducive to nutrition
improvement;

(c) Provide mechanisms, strategies and approaches in implementing
programs and projects to improve nutritional status and to eradicate
malnutrition and hunger;

(4) Strengthen the National Nutrition Council (NNC) as the polic
making body on nutrition; and

(ec) Ensure the meaningful and active participation, partnership and
cooperation of NNC-member agencies, other National Government Agencies
(NGAs), Local Government Units (LGUs), Non-Government Organizations
(NGOs), and the private sector, in an integrated and holistic manner, for the
promotion of the nutritional well-being of the population.

SEC.4. Comprehensive Anti-Malnutrition Program. — There shall be a
comprehensive and sustainable program to address malnutrition in the country
to be formulated by the NNC, in cooperation with other government agencies,
LGUs, the private sector, relevant civil society organizations and industries,
within three (3) months from the effectivity of this Act.

SEC. 5. Coverage and Phases of the Program. - This Act covers all
Filipinos who are nutritionally at risk, with specific focus on women of
reproductive age, pregnant women, lactating mothers, particularly teen-age
mothers, and all Filipino children ages zero to two (2) years old that reside in
nutritionally-poor areas identified by the Food and Nutrition Research
Institute (FNRI).


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The Comprehensive Anti-Malnutrition Program, hereinafter cited as
CAMP, shall be implemented in two phases. The first phase which will be
implemented in the first three years of the program, will cover areas identified
by the FNRI as having the most number of nutritionally at risk populations,
The second phase, which will be implemented in the succeeding three years of
the program shall be implemented in the fourth to sixth class municipalities in
the country.

SEC. 6. Types and Definition of Malnutrition. - The following types of
malnutrition are hereby defined:

a) Low birth weight refers to weight at birth of less than 2500 grams
or 5.5 pounds;

b) Underweight refers to low weight-for-age which is less than
negative two (2) standard deviations (SD) of the WHO Child Growth Standard
median;

c) __ Stunting refers to low height-for-age which is less than negative 2
SD of the WHO Child Growth Standard median and which is an indicator of
long standing or chronic malnutrition;

d) Wasting refers to low weight-for-height which is less than
negative 2 SD of the WHO Child Growth Standard median; and

e) Overweight refers to weight above normal for height, which is
greater than positive 2 SD of the WHO Child Growth Standard median,

SEC. 7. Target, -‘The CAMP shall target to reduce the prevalence rate
of underweight children from 0 to 5 years of age to 10 percent from 2011 to
2018 or a total of five (5) years,

For purposes of this Act, the first phase of CAMP shall endeavor to
decrease the prevalence rate of underweight children from 0 to 5 years old
from 20.2 percent in 2011 to 18.6 percent in 2015, consistent with the target
indicated in the Philippine Development Plan 2011-2016,

By the second phase, covering 2016 to 2018, the prevalence rate of
underweight Filipino children from 0 to 5 years old should be 10 percent.

SEC. 8. Philippine Plan of Action for Nutrition (PPAN) and
Strategies. - The NNC shall, within three (9) months from the adoption of
this Act, adopt the PPAN which is the integrated short, medium and long-
term plan of the government in response to the global call to eradicate hunger

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and malnutrition. It shall be the blueprint for achieving nutrition adequacy for
all as an important element for international competitiveness, people
empowerment and human development.

The PPAN shall aim to reduce the prevalence of protein-energy
malnutrition, Vitamin A deficiency, iron deficiency anemia and iodine
deficiency disorders.

The PPAN shall employ the twin strategies of: (a) promoting household
food security; and (b) preventing, controlling and eliminating micro-nutrient
malnutrition. It shall involve short, medium, and long-term interventions to
address hunger and malnutrition. Further, programs to ensure household food
security through availability and accessibility of safe and nutritious foods shall
be encouraged.

The adoption of the PPAN shall be based on the Philippine Plan of Action
for Nutrition 2011-2016 which was already adopted by the NNC Governing
Board on 12 January 2012,

SEC.9. The National Nutrition Council. - Due to the urgent need to
address malnutrition, the composition of the NNC Governing Board is hereby
amended and the same shall now be composed of the following:

(a) Secretary of Health (Chairperson);

(b) Secretary of Agriculture (Vice-Chairperson);

(c) Secretary of the Department of Social Welfare and Development;

(d) Secretary of the Department of Education;

(c) Secretary of the Department of Science and Technology;

() Secretary of the Department of Budget and Management;

(g) Secretary of the Department of Trade and Industry;

(h) Secretary of the Department of Interior and Local Government;

(i) Secretary of the Department of Labor and Employment;

(j) Chairperson of the Philippine Commission on Women;


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(k)

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The Executive Director of the National Economic and
Development Authority; and

Three representatives from the private sector to be appointed by
the President of the Philippines who shall come from the food,
nutrition industry, and women sectors respectively. Said
representatives shall serve for a term of two (2) years.

In the event that any cabinet member cannot attend a council meeting,
said member shall be represented by an undersecrtary or assistant secrtary.

The composition of the NNC’s Secretariat and Technical Committee as
defined in Executive Order No. 284, Series of 1987 shall be maintained,

SEC. 10. Functions and Powers of the NNC—The NNC shall have the
following functions and powers:

(a)

(a)

Formulate national nutrition policies, plans, strategies and
approaches for nutrition improvement in accordance with the
CAMP and PPAN;

Oversee and serve as a focal point in the integration of nutrition
policies and programs of all member agencies and
instrumentalities charged with the implementation of existing
laws, policies, rules and regulations concerning nutrition;

Coordinate, monitor and evaluate programs and projects of the
public and private sectors and LGUs to ensure their integration
with national policies;

Receive grants, donations and contributions, in any form, from
foreign governments, private institutions and other funding
entities for nutrition programs and projects: Provided, That no
conditions shall be made contrary to the policies or provisions of
this Act;

Coordinate the release of public funds for the promotion of the
nutritional well-being of the country in accordance with the
approved programs and projects; and



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(f) Call upon any government agency and instrumentality for such
assistance as may be required to implement the provisions of this
Act.

SEC.11, Role of NNC-Member Agencies, other National
Government Agencies, Local Government Units, and the Private Sector
in the implementation of this Act. - Member agencies shall be responsible
for insuring the implementation of programs and projects, development of
promotive, preventive and curative nutrition programs, and integration of
health and nutrition concerns into their respective policies and plans. It shall
provide additional resources, in any form, in support of the local nutrition
programs as a continuing involvement of the national government to local
programs.

The consortium of State Universities and Colleges (SUCs) shall intensify
nutrition related training, research and extension support activities through
the Barangay Integrated Development Approach for Nutrition Improvement
(BIDANT) Network Program of the Rural Poor and other relevant approaches,
thereby strengthening delivery systems in partnership with the LGUs.

LGUs, pursuant to the Local Government Code of 1991, shall provide
and deliver basic nutrition services and facilities to the community. The LGUs
shall integrate nutrition considerations in their short, medium and long-term
development plans, and programs and shall coordinate with the Council in the
enforcement of this Act. The State shall provide incentives to the LGUs for
projects targeting young children. Other NGAs shall serve as important links
in promoting nutrition in development through its participation in the
continuing advocacy for nutritional improvement, and integration of nutrition
considerations in their sectoral plans and programs.

NGOs shall be encouraged to undertake nutrition related researches and
to recommend procedures and guidelines promotive of good nutrition among
employees of agencies or members of NGOs.

The Private Sector shall also be encouraged to provide technical and
financial assistance to community-based nutrition projects through their
corporate social responsibility programs, as their participation in the country's
bid to enhance human capital formation.

SEC. 12. Remuneration and Skills Training for Barangay Health
Workers and Barangay Nutrition Scholars, -LGUs are mandated to provide
adequate honoraria to Barangay Nutrition Scholars (BNS) and Barangay
Health Workers (BHWs). They shall likewise endeavour to provide sustained


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capability building skills to BNS and BHWs in support of local nutrition
programs.

‘The DOH shall be responsible for disseminating all information necessary
and providing training programs to the LGUs’ nutrition programs. ‘The
LGUs, with the technical assistance of the DOH, shall be responsible for the
training of BHWs and BNS and other barangay volunteers on nutrition
promotion.

The national government shall provide additional and necessary funding
and other necessary assistance for the effective implementation of this Act.

SEC. 13. Nutrition in the Aftermath of Natural Disasters and
Calamities. - Areas that are struck by disasters must be prioritized in the
delivery of nutrition programs. National, regional, and local governments are
mandated to immediately provide emergency food supplies for proper
nourishment of lactating mothers and children, specifically those from zero to
two (2) years old.

Private sector donations in emergency situations shall be allowed
immediately in the aftermath of natural disasters and calamities. The National
Disaster Risk Reduction Management Council (NDRMMC) is hereby
mandated to formulate guidelines in pursuit of this Section.

National and local disaster risk reduction and management councils are
hereby enjoined to involve women in the decision making process, allowing
them to take part in implementing disaster preparedness, recovery and
rehabilitation programs.

SEC. 14. Teen-Age Mothers and Lactating Women. - LGUs shall
endeavour to monitor teen-age mothers and lactating women from poor
households as well as those from crisis centers. Access to nutrition by these
nutritionally at risk populations must at all times be ensured by health
workers and local government officials.

SEC. 18. Appropriations. - An initial sum of 100 Million Pesos
(PhP 100,000,000) is hereby appropriated for this Act in support of locally
initiated nutrition programs. Thereafter, appropriation for this Act shall be
provided annually in the General Appropriations Act.

LGUs which have been identified by the FNRI as among those that have
populations that are nutritionally at risk, will supplement the funds necessary
for the implementation of this Act through a mandatory allocation of at least
five percent (5%) of their Internal Revenue Allotment for malnutrition

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reduction: Provided That, the Local Gender and Development Budget shall
likewise be utilized for nutrition programs pursuant to the nutrition standard
promulgated by the NNC on local feeding programs.

The funds needed by the NNC to carry out the provisions of this Act shall
be charged to the appropriations of the NNC under the annual General
Appropriations Act in addition to the appropriations of other
department/agencies whose programs and activities are in support of the
PPAN and this Act: Provided That, for feeding programs supported by public
funds, said programs must run continously for not less 120 days.

Funds needed by SUCs in implementing BIDANI and other nutrition
approaches shall be incorporated in the annual appropriation of SUCs.

SEC. 16. Review and Sunset Clause. — Six years after the effectivity of
this Act and every three years thereafter, the NNC_ shall conduct a review of
the nutrition status of the country and shall make a determination if
international standards have been complied with.

In the event the standards have not been met upon expiry of this Act,
Congress shall reauthorize this Act for such period as may be necessary to
comply with the international standards set on malnutrition.

SEC. 17. Separability Clause. — If any provision of this Act or the
application of such provision to any instrumentalities or entities or
circumstances is held invalid or unconstitutional for any reason, the remainder
of this Act or the application of such other provisions shall not be affected
thereby.

SEC. 18. Repealing: Clause. ~ All laws and part of laws, decrees, orders,
proclamations, issuance, rules and regulations which are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 19. Effectivity, ~ This Act shall take effect fifteen days after its
publication in the Official Gazette or at least two (2) national newspapers of
general circulation whichever comes earlier.

Approved,