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

i

SEVENTEENTH CONGRESS

First Regular Session

: 4361
HOUSE BILLNO.

Introduced by HON. AMADO T. ESPINO, JR.

EXPLANATORY NOTE

This measure proposes to provide for an adequate food structure to help
ensuring food security of the country by harmonizing existing laws and programs and
efficiently implementing the same. This framework law will improve the accountability
in the delivery of the food security programs of the government.

The State must address the matter of hunger and poverty 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, the Social Weather Survey (SWS) fielded from
11 to 16 December 2013, found that 18.1% or an estimated 3.90 million families are
experiencing involuntary hunger at least once in the past three (3) 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
tight 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).

In view of the foregoing, approval of this measure is earnestly sought.

Representative
Fifth District, Pangasinan


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

SEVENTEENTH CONGRESS

First Regular Session

4361

Introduced by HON. AMADO T. ESPINO, JR.

AN ACT
PROVIDING FOR A FRAMEWORK FOR FOOD SECURITY ESTABLISHING FOR
THE PURPOSE A FOOD SECURITY AUTOHITY AND APPROPRIATING FUNDS
THEREFOR

HOUSE BILL No,

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

SECTION 1. Short Title. - This Act shall be known as the "Food Security
Framework Act.”

SEC. 2. Declaration of Policy. - It shall be the policy of the State to guarantee
the right to adequate food for the Filipinos by providing 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 undemourishment, which is having enough food to eat, but of inadequate
quality;

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

d.) Vulnerable groups are particularly disadvantaged including but not limited
to 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 will 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;

c.) 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 or 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 free from
hunger. Every person suffering from hunger or undernourishment, or at risk of
suffering from hunger or undernourishment, 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 shall 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 shall ensure that in two and a half years


(2 %), the incidence of hunger will be reduced, from the level current at the time of
the passage of the Food Security Framework Act, by 25%, in five (5) years, it will be
further reduced by 25%; in seven and a half (7%) years, it will be further reduced by
25%; and in ten (10) years, zero (0) hunger will be achieved.

The Government shall also ensure that in ten (10) years, land devoted to food
production will be increased to 50% of all prime agricultural land in every region.

Periodic reviews shall be undertaken to ensure compliance with set targets. In
the implementation of this Food Security Framework Act priority shall be given to
identified areas with chronically malnourished individuals and in determining the
incidence thereof, the data from the National Nutrition Surveys (NNS); the Survey of
Hunger Incidence in the Philippines (SHIP); and the household surveys of the
Philippine Statistics Authority (PSA) namely the Family Income and Expenditure
Survey (FIES) and the Annual Poverty Indicates Survey (APIS) shall be the primary
source.

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

SEC 9. Food Security Framework Authority; its Composition. - There is hereby
created an Adequate Food Security Authority (AFSA) attached to the Department of
Agriculture (DA).

SEC. 10. Composition; Qualifications; Salary - It shall be composed of a
Chairperson and two (2) 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 for seven (7) years; a Commissioner for five (5) years and
another Commissioner for three (3) years without reappointment. In no case shall
any Member be appointed or designated in a temporary capacity.

The Chairperson and the Members of the Authority shall be natural born
citizens; at least thirty five (35) years of age at the time of their appointment and at
least one of them shall be a member of the Philippine Bar.

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

SEC. 11. Prohibition against Holding any Other Offices. The Chairman and
Members of the Authority shall not hold any other office or employment during their
tenure. They shall not, during their tenure, engage in the practice or 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 Authority. - The following are the
powers and functions of the Adequate Food Security Authority:

a.) Receive complaints on violations which will undermine adequate food
security from individuals and groups which will include violations of RA 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);

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 security of all persons within the Philippines, as well as Filipinos
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;

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

f.) 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;

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

In exercising its powers and duties, the Adequate Food Security Authority


shall:

1. Apply the alternative Dispute Resolutions principles as declared under this
Act;

2. Work in close cooperation with social services departments and quasi-
judicial agencies;

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 Adequate Food
Security Framework Act, the Adequate Food Security Framework Authority 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 (DT!) 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
interagency cooperation, there shall be created an Inter-Agency Council on the Food
Security Framework, which will be headed by the Chairperson of the Adequate Food
Security Authority (AFSA) which will be composed of the following additional
agencies:

a.) Department of Agriculture (DA);
b.) Department of Agrarian Reform (DAR);

¢.) Department of Health (DOH).

d.) Department of Trade and Industry (DTI):

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

f.) 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.) NDCC

1) Philippine News Agency (PNA);

™.) Philippine Information Agency (PIA);

1.) Two (2) representatives of concerned people's organizations; and
©.) Two (2) representatives of non-government organizations.

SEC. 15. Powers and Functions of the Inter-Agency Council on the Adequate
Food Security Act. - The Council members shall formulate programs and projects to
provide strategic interventions with respect to the full implementation and protection


of adequate food security. The Council shall also serve as the monitoring body in
regard to the right to adequate food initiatives.

The government agencies which are members of the council may designate
their respective 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 Authority on
the Food Security Framework 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 Authority on the Food Security
Framework, in coordination with the Department of Social Welfare and Development
(DSWD), shall 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 the 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 capable of taking care of them, elderly, and
persons with disabilities.

There shall be a fair, independent and accessible recourse procedure to the
Food Security Framework Authority 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 DS WD shall report to the
Authority to Food Security Framework 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 Authority on the Right to Adequate Food
Security Framework and where necessary, will give further guidance, so as to ensure
that all groups are covered appropriately.

SEC; 17, Emergencies. - During emergency situations, the Authority on the
Right to Food Security Framework 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:

c.) 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
Authority on the Right to Adequate Food Security Framework, 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 marginaliied areas of the population with high rate of illiteracy

SEC. 19. Education and Awareness Raising Campaign. - The Authority on the
Right to Adequate Food Security Framework 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 Authority on the Food Security Framework,
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, shall 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.

SEC: 21. Monitoring System. There shall be an integrated monitoring system
in which all government agencies at all levels, under the supervision of the Authority
‘on the Food Security Framework 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;

¢.) 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 Civil
Society. - To ensure public participation, the Authority on the Food Security


Framework shall:

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

b.) Conduct consultations on specific areas of implementation of this 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 Act
and the progressive realization of the right to adequate food security.

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, through 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 partially or totally;

b,) Refusal to implement a food-related program;

¢.) Discrimination in implementing a food-related program;

d.) Negligence in implementing food-related programs resulting to death;
e.) Obstructing access to food in time of calamity or war:

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

g.) Distribution of expired 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 act, shall be held liable for damages.

SEC. 26. 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 DA, in coordination with
the DAR. DSWD, DOLE DTI, DPWH, NEDA, NAPC, NDCC, PIA and with the
participation of people's organizations and human rights non-governmental
organizations, shall issue the necessary rules and regulations to implement the
provisions of this Act within sixty (60) days from its effectivity

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

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,