Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
According to statistics provided by ;he National Statistical Coordination Board 
(NSCB), more than sixteen million Filipinos are estimated to be below the foodlsubsistence 
threshold as of the year 2000. This refers to Filipinos whose income cannot provide for their 
basic food requirements. 
At the same time, large amounts of apparently wholesome food are wasted everyday 
by hotels, restaurants, supermarkets, etc. To address the poverty issue and to curtail food 
wastage, surplus food can be donated, collected and distributed to our less fortunate 
brothers and sisters in the Philippines. However, prospective donors and helpers are 
unwilling or afraid to donate, collect and distribute surplus food due to possible legal liability 
that may arise as a result of their charitable acts. 
This bill seeks to address the issue of legal liability in the donation of apparently 
wholesome food for charitable purposes to encourage the donation of surplus food to needy 
people. For this and the foregoing reasons, the passage of this bill is earnestly sought. 


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Introduced by Senator Richard J. Gordon 
AN ACT TO ENCOURAGE THE DONATION OF FOOD FOR CHARITABLE PURPOSES 
Be if enacted by the Senate and the House of Representatives of fhe Philippines in 
Congress assembled: 
SECTION 1, Shod Title. -This Act shall be known as the "Food Donation Act." 
Sec. 2. Declarafion of Poky. - It is the policy of the State to alleviate national 
poverty and reduce food wastage. As such, the State shall implement measures to 
encourage the donation of apparently wholesome food for charitable purposes. 
Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall be 
defined as follows: 
(1) "Apparently Wholesome Food" refers to food that meets all quality and 
labeling standards imposed by pertinent laws and administrative regulations 
even though the food may not be readily marketable due to appearance, age, 
freshness, grade, size, surplus, or other conditions. 
(2) "Donate" is to dispose gratuitously of an apparently wholesome food in 
favor of another. It includes giving by one person to another person of an 
apparently wholesome food for distribution, notwithstanding that the former 
has charged a nominal fee from the latter, if the ultimate beneficiary is not 
required to give anything of monetary value. 
(3) "Food" refers to any raw, cooked, processed, or prepared edible 
substance, ice, beverage, or ingredient used or intended for use in whole or in 
part for human consumption. 
(4) "Gross Negligence" refers to voluntary and conscious conduct, including a 
failure to act, by a person who, at tke time of the conduct, knew that the 
conduct was likely to be harmful to the health or well-being of another person. 


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(5) "Intentional Misconduct" refers to conduct by a person with knowledge at 
the time of the conduct that the conduct is harmful to the health or well-being 
of another person. 
(6) "Charitable Purposes" refers to philanthropic, humanitarian and non-profit 
objectives, including the benefit of the needy, poor, sick, prisoners, orphans, 
etc. 
Sec 4. Liabihty for Damages from Donated Food. - A person, whether natural or 
juridical, shall not be subject to civil or criminal liability arising from the nature, age, 
packaging, or condition of apparently wholesome food that a person donates in good faith 
for charitable purposes. This shall not apply, however, to an injury or death of an ultimate 
beneficiary of the donated food that results from an act or omission of a person constituting 
gross negligence or intentional misconduct. 
Sec. 5. Construction - This Act shall not be construed to create liability. 
Sec. 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is 
hereby repealed or modified accordingly. 
Sec. 7. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect. 
Sec. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days from the date 
of its publication in at least one (1) newspaper of general circulation. 
Approved.