‘S” RECEIVED
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TIME,

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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. Sass

Introduced by Hon. CAMILLE A. VILLAR

ANACT
ENSURING THE AVAILABILITY, ADEQUACY, ACCESSIBILITY AND SAFETY
OF FOOD TO EVERY FILIPINO

EXPLANATORY NOTE

No less than the 1987 Constitution mandates the state to enact policies that
shall promote a rising standard of living and an improved quality of life for all, and to
value the dignity of every human person with full respect for human rights. Various
national laws have been enacted in pursuit of this policy, but food insecurity and
malnutrition remain a perennial problem in the country.

In 2018, around 2.4 million Filipino families experienced involuntary hunger,
with the Philippines ranking among the top countries for undernourishment. The
average Filipino family spends about half of its annual family income on food, as
earning to spend on the standard three (3) meals a day continues to be a constant
struggle.

This bill provides for a comprehensive framework to embody the right of the
people to adequate food, define its scope and content, and harmonize the several
laws relating to said right. The aim of this proposed framework is to promote the
effective implementation of measures to address the people's right to adequate food
and clearly lay down principles that will shape the process of its realization through
coordination among government agencies with the participation of private
stakeholders.

The bill envisions a right to adequate food that shall be realized progressively.
The target is to achieve zero hunger in 10 years by developing and implementing a


national food program that will entitle all Filipinos to a minimum amount of food by
increasing the area devoted to food production in every region.

The right to adequate food is no less than the right to life. This law must be

Passed to make food a sustained priority and a legal right, not an object of charity.
Thus, the swift passage of the bill is earnestly sought.

Coambvc) swtie
MILLE A. VILLAR


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5785

Introduced by Hon. CAMILLE A. VILLAR

AN ACT
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:

Section 1. Short Title. - This Act shall be known as the "Right to Adequate
Food Framework 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) 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;


b)

°)

4)

e)

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.
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

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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)

b)

°

d)

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.

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, 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

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e)

9)

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 concerns regarding the nature of
accessible food supplies.

The concept of availability refers to the possi

ies 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 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.


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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;

¢) 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;

) 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

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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 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 matemity, 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.

c 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


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this Act, it means paying particular attention to those groups that cannot enjoy their
rights as fully as others.

d. 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.

9g. 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.

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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.

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

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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
hunger.
The State shall ensure that the following indicators will considerably and
steadily increase:
a. Percentage of development of ancestral lands;
b. Percentage of rural population with access to productive resources;
©. Share of budget spent on programs aimed at creating access to productive
resources;
d. 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;
f. Percentage of public budget allocation for social transfer programs to those
unable to feed themselves;
g. Coverage of marginalized and disadvantaged population taking part in social
transfer programs;
h. 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.


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Sec. 11. Jnstitutional 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

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Department of Agriculture (DA);

.. Department of Agrarian Reform (DAR);

. Department of Education (DepEd);

. 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);

Department of Public Works and Highways (DPWH);
Department of Social Welfare and Development (DSWD);

. Department of Science and Technology (DOST);

Department of Trade and Industry (DTI);

|. Department of Budget and Management (DBM);
.. Department of Transportation (DOTr);

Department of Information and Communications Technology (DICT);
Commission on Human Rights (CHR);
Food and Nutrition Research Institute (FNRI);

. National Anti-Poverty Commission (NAPC);
. National Economic Development Authority (NEDA);

National Food Authority (NFA);

.. National Nutrition Council (NNC);
. Technical Education and Skills Development Authority (TESDA); and
. 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.

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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
guaranteee 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 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.

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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;

i. 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 shall 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.

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

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Sec. 13. Standards on the Amount of Food. ~ The DSWD, in coordination
with the local government units (LGUS) concerned, 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.


1 Sec. 14. Emergencies. - The Commission on the Right to Adequate Food, in
2 coordination with the National Disaster Risk Reduction and Management Council
3 (NDRRMC) will have the duty to ensure that:

4 a. Food emergency responses sufficiently cover both early warning responses and
5 disaster preparedness in case of a crisis; and food responses are organized and
6 managed efficiently and effectively, and are compliant with the right to
7 adequate food and relevant international standards;

8 _b. Food supply responses are compatible with the right to adequate food and
9 international standards regulating emergencies; and,
10 c. Requests for international assistance are initiated in case of necessity and

i distribution of food to intended recipients is properly supervised and
12 coordinated.
13 Sec. 15. Information Dissemination. — All government agencies, under the

14 direction of the Commission on the Right to Adequate Food, in coordination with the
15 Philippine News Agency (PNA) and Philippine Information Agency (PIA), are
16 mandated to:

17 a. Inform the population about the rights established in this Act and the

18 implementing rules and regulations adopted upon its entry into force, as well as
19 about any other measure taken for the purpose of facilitating and promoting
20 the realization of the right to adequate food; and,

21 —_b. Use the most appropriate ways and methods of disseminating information by
2 providing information through all media forms, and in local languages, notably
23 in the most marginalized areas and among populations with a high rate of
24 illiteracy.

25 Sec. 16. Education and Awareness Program. - The Commission on the Right

26 to Adequate Food, in coordination with the DepEd, Commission on Higher Education
27 (CHED) and TESDA, shall ensure that:
28 a. The school curriculum includes material related to food and nutrition education,

29 the right to adequate food and human rights principles; and,
30 _b. Relevant adult education and training programs shall include materials related
31 to food and nutrition, the right to adequate food and human rights principles.

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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
‘$0; 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;

c. Monitor progress achieved in the realization of the right to adequate food; and,

d. Establish or identify an early warning 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. All 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

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capacity building mechanisms and special measures for disadvantaged groups;
and,

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.

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:

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blockade;

). refusal to implement a food-related program;

. discrimination in implementing a food-related program;

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

. distribution of expired, or unsafe food at a school feeding program or other

feeding program, in times of calamity or war;

. contamination of food or water sources, through mining activities, aerial

spraying of plantations, or any other similar means; and,
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

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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.

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 shalll 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.

Concerned 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.

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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.

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,

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