Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  3202 
Introduced by Representative MARLYN L. PRIMICIAS-AGABAS 
EXPLANATORY NOTE 
Access to adequate and nutritious food is a basic human right and an essential 
foundation for every child’s physical, mental, and emotional development. In a country where 
millions of families struggle with poverty, hunger remains a serious barrier to educational 
attainment. It hinders school attendance, concentration, cognitive growth, and social 
development—factors that directly affect a child’s ability to learn and thrive. When children go 
to school hungry, the promise of public education as a tool for social mobility is severely 
undermined. 
The COVID-19 pandemic has only worsened this crisis. While the public health 
emergency affected all sectors of society, children—especially those from low-income 
families—suffered the greatest impact. Many were left to study under harsh conditions, often 
on empty stomachs, without access to the most basic nutritional needs. The long-term 
consequences of this learning disruption and nutritional deprivation must be addressed 
through urgent, sustained, and coordinated efforts. 
This bill, titled the “Free School Meals Program Act,” seeks to institutionalize a 
nationwide feeding program that will provide free, nutritious meals—including milk-based food 
products—to all children enrolled in public kindergarten and elementary schools. It expands 
upon Republic Act No. 11037, or the “Masustansyang Pagkain para sa Batang Pilipino Act,” 
which targets undernourished children, by establishing a universal and centralized program 
designed not only to address hunger, but also to improve educational and health outcomes 
across the board. 
The proposed measure is anchored in Article XV, Section 3(2) of the 1987 Constitution, 
which declares that the State shall “defend the right of children to assistance, including proper 
care and nutrition.” It also upholds the constitutional mandate to make quality education 
accessible to all by removing barriers to learning—including hunger. 
Health and education are deeply interlinked. Undernourished children are more likely 
to underperform academically, have lower attendance, and drop out of school prematurely. By 
providing regular, nutritious meals in schools, we give learners a better chance to succeed 
academically and to grow into healthy, capable members of society. This measure positions 
school-based nutrition as a vital investment in the country’s human capital. 
As the nation returns to full in-person classes, the implementation of a school meals 
program becomes not just timely, but necessary. It promotes inclusivity by prioritizing poor and 
undernourished students while gradually expanding to cover all pupils in public kindergarten 
and elementary schools. Furthermore, the measure encourages private sector involvement 
through tax incentives for donations, in line with the National Internal Revenue Code of 1997, 
as amended—making the program a platform for meaningful public-private collaboration. 
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Beyond addressing child hunger, this bill represents a long-term strategy to break the 
cycle of poverty, reduce social inequities, and improve national productivity. Nourished 
children learn better, stay in school longer, and have greater potential to contribute to society 
as healthy, educated, and empowered citizens. 
In sum, the Free School Meals Program Act is a holistic, forward-looking measure that 
tackles multiple national concerns—malnutrition, poor learning outcomes, and child welfare—
through a sustainable, inclusive approach. By ensuring that no child goes to school hungry, 
we not only feed young bodies, but also fuel young minds, helping build a stronger, healthier, 
and more equitable nation. 
In view of the foregoing, the immediate and favorable passage of this bill is earnestly 
sought. 
MARLYN L. PRIMICIAS-AGABAS 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO.  3202 
Introduced by Representative MARLYN L. PRIMICIAS-AGABAS 
AN ACT PROVIDING FREE SCHOOL MEALS FOR KINDERGARTEN AND 
ELEMENTARY STUDENTS, ESTABLISHING FOR THIS PURPOSE THE FREE 
SCHOOL MEALS PROGRAM, AND APPROPRIATING FUNDS THEREFOR 
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 "Free School 
Meals Program Act." 
SEC. 2. Declaration of Policy. -It is hereby declared the policy of the State to 
promote the rights of children to survival, development, and special protection with full 
recognition of the nature of childhood and its special needs. In recognizing the direct 
correlation between good nutrition and physical and intellectual development, the State 
shall promote access to affordable and proper nutrition among school children, especially 
those in low-income households. Furthermore, the State shall commit to eradicating child 
hunger and poverty. 
Towards these ends, the State shall guarantee the access of children from low-
income households to nutritious meals in all state-run schools. 
SEC. 3. Definition of Terms. -As used in this Act: 
a. Fortified food refers to food with deliberately increased content of
essential micronutrients, i.e., vitamins and minerals (including trace
elements), irrespective of whether the nutrients were originally in
the food before processing, to improve the nutritional quality of the
food supply and to provide a public health benefit with minimal risk
to health.
b. Fresh milk refers to pasteurized fresh milk with limited shelf life,
usually seven (7) to ten (10) days, and requiring refrigeration.
c. Fresh milk-based food refers to food products containing fresh milk
blended with powdered milk.
d. National Household Targeting System for Poverty Reduction
(NHTS-PR) or Listahanan refers to an information management
system that identifies who and where the poor are in the country
and serves as a reference in determining potential beneficiaries of


social protection programs; and 
 
e. Powdered milk refers to a manufactured dairy product made by 
evaporating milk into powder form purposely to preserve it and to 
have a far longer shelf life than liquid milk due to its low moisture 
content. 
            SEC. 4. Objectives. - The Free School Meals Program should pursue the 
following objectives: 
a. Ensure that proper, age-appropriate, and affordable health and 
nutrition programs are accessible to school children throughout 
their childhood years. 
 
b. Improve survival rates attendance in public kindergarten and 
elementary schools. 
 
c. Enhance the physical, social, cognitive, psychological, and 
language development of young children and support their 
development into teenagers physically and intellectually capable of 
becoming civically engaged youths. 
 
d. Mitigate malnourishment among school children, thus, ensuring that 
they will be adequately prepared for the formal learning system; and 
 
e. Establish an efficient system for early identification, prevention, 
referral, and intervention of developmental 
disorders and 
disabilities in early childhood. 
SEC. 5. Establishment of the Free School Meals Program. - The Free School 
Meals Program, hereinafter referred to as the Program, is hereby established as the central 
and streamlined approach to provide free supplementary meals, including fresh milk-based 
food products, through a program menu that shall be designed by the Department of 
Education (DepEd), in partnership with the National Nutrition Council (NNC), particularly for 
children studying in public kindergarten and elementary schools nationwide. 
The Program shall ensure that universal access wherever possible. Still, in case of 
budgetary constraints, priority shall be given to children below or near the poverty line who 
are found to be undernourished. 
The Department of Budget and Management (DBM) shall recommend streamlining 
all nutrition programs benefiting school children into the Program. Other endeavors that 
cater to out-of-school youth shall not be streamlined into the Program unless these 
encourage the same to enter school. 
SEC. 6 Implementation and Interagency Coordination. - The DepEd shall 
have the primary responsibility for the administration and implementation of the Program. 
The following national government agencies shall be tasked to make available such 
resources as may be necessary to ensure the successful implementation of the Program 
and shall perform the following tasks: 


a. The Department of Agriculture (DA) shall tap farmers' associations 
and cooperatives in the locality for possible sources of food 
supplies. It shall share with the DepED any available resources and 
facilities that may be used for the Free School Meals Program. The 
DA shall support food production programs in and by public schools 
whenever applicable. The DA shall assign an office responsible for 
managing Free School Meals Program efforts between the DepED 
and the DA 
b. The Department of the Interior and Local Government (DILG) shall 
encourage the support of local government units (LGUs) as DepEd 
partners in the Free School Meals Program operation. Barangay 
Nutrition Scholars and Barangay Health Workers shall be requested to 
assist in Free School Meals Program programs and projects. 
c. The Department of Social Welfare and Development (DSWD) shall 
support the DepEd by ensuring the availability of data on poor 
households based on the NHTS-PR or Listahanan. 
d. The Department of Trade and Industry (DTI), the DA, the 
Department of Health (DOH), and the Food and Drug Administration 
(FDA) shall assist the DepED look for cost-effective sources of 
foodstuff, vaccines, and vitamin supplements. 
e. The National Economic and Development Authority (NEDA), the 
Department of Finance (DOF), and the Department of Foreign 
Affairs (DFA) shall support the DepEd in the determination and 
obtaining of official development assistance sources to expand the 
inputs needed in the Free School Meals Program. 
f. The National Dairy Authority (NDA) shall support the DepEd in the 
procurement of fresh milk-based food products and in coordinating 
with local cooperatives and dairy corporations for the availability of 
milk supplies needed; and 
g. The National Nutrition Council (NNC), in coordination with the Food 
and Nutrition Research Institute (FNRI), shall provide a menu 
consisting of a combination of foods that meet the recommended 
energy and nutrient intake of children, including alternatives for 
children who are allergic to certain foods. In addition, the NNC shall 
endeavor, as much as possible, to provide menu items that do not 
contain common allergens. 
SEC. 7. Mechanics of the Free School Meals Program. - The DepEd 
is hereby mandated to oversee the following activities: 
a. Administer 
the Program, 
in coordination 
with concerned 
government institutions, for a minimum of one hundred twenty (120) 
feeding days per school year to be done five (5) days a week with 
one (1) feeding activity per school day. 
 


b. Conduct orientation and training activities utilizing its core trainers for 
all DepEd health and nutrition unit personnel at the regional and 
division levels to generate their support for the Free School Meals 
Program's objectives and mechanics. DepEd personnel trained at 
the schools' division level shall be responsible for preparing the staff 
at the district and municipal levels, while those trained at the district 
and municipal levels shall be responsible for training the 
implementers and feeding coordinators at the school level. 
 
c. Conduct orientation meetings with parents, Parent-Teachers' 
Associations (PTAs), and pupils utilizing the DepEd feeding 
coordinators for proper information dissemination on the Free 
School Meals Program's objectives and mechanics and, in the 
process, generate stakeholders' support and recommendations for 
the program. 
 
d. Ensure the availability of the necessary food supplies such as (1) 
Fresh milk-based and fortified foods; and (2) Vitamin supplements 
in such dosages and for such duration as the DOH may determine 
most beneficial to the child's health and nutritional well-being; and, 
 
e. Ensure that the beneficiary school children eat their meals and 
drink their milk inside the classroom only. 
 
      SEC. 8. Procurement, Storage, and Handling System. - The procurement, 
storage, and handling of appropriate food supplies shall be spearheaded by the 
DepEd, in coordination with the NNC, the FNRI, and other concerned government 
agencies. In addition, the DepEd shall seek the help of the DA in tapping the 
services of local farmers' associations and cooperatives for the procurement of 
locally produced food supplies and shall encourage contracts with farmers' 
associations and cooperatives in accordance with existing procurement laws. 
     In the procurement program, priority shall be given to the utilization of locally 
produced fresh milk and locally available food supplies, utilizing the Gulayan sa 
Paaralan Project (GPP) products to increase food supplies at the local level. The 
DepEd shall issue guidelines to implement the procurement, storage, and 
handling system effectively. 
     The DepEd shall also seek the compensated assistance of residents trained 
by the Technical Education and Skills Development Authority (TESDA) in food 
preparation, handling, and storage. 
     SEC. 9. LGU Prioritization. - In case of a shortage of funds, priority in implementing the 
Free School Meals Program shall be given to municipalities and cities, which are determined 
and identified by the NNC, and validated by the Philippine Statistics Authority (PSA), to have 
high malnutrition rates.  
     SEC. 10. LGU Participation. - The Secretary of Education shall initiate partnerships 
with LGU officials to encourage them to contribute available resources to the feeding 
program in public schools within the LGUs' respective areas of jurisdiction. 
     SEC. 11. Amendment to the Allocation of the Special Education Fund (SEF). 


- To allow LGUs to participate in the Free School Meals Program, Section 272 of 
Republic Act No. 7185, otherwise known as the Local Government Code, is hereby 
amended to read as follows: 
"Section 272. Application for Proceeds of the Additional One Percent SEF Tax. - The 
proceeds from the additional one percent (1%) tax on real property accruing to the 
Special Education Fund (SEF) shall be automatically released to the local school 
boards: Provided, That, in case of provinces, the proceeds shall be divided equally 
between the provincial and municipal school boards: Provided, however, That the 
proceeds shall be allocated for the operation and maintenance of public schools, 
construction and repair of school buildings, facilities and equipment, educational 
research, purchase of books and periodicals, SUPPORT FOR SCHOOL 
NUTRITION PROGRAMS, and sports development as determined and approved 
by the Local School Board." 
 
SEC. 12. Tax Deductibility Donation. - Any donation or bequest made to the 
DepEd for the Free School Meals Program shall be considered an allowable deduction from 
the gross income of the donor, in accordance with the provisions of the National Internal 
Revenue Code of 1997, as amended: Provided, That the donation is duly approved by the 
Secretary of Education upon the recommendation of the Executive Director of the NNC in 
case of food products, and the Secretary of Health, in case of vaccine and vitamin products. 
 
SEC. 13. Appropriations. - 
The amount necessary to cover the initial 
implementation of this Act shall be charged against the appropriation of the DepED for 
school-based feeding programs under the current General Appropriations Act. 
Thereafter, such sums as may be necessary for the continued implementation of this Act 
shall be included in the annual General Appropriations Act. 
 
SEC. 14. lmplementing Rules and Regulations. - Within one hundred and twenty 
(120) days after the approval of this Act, the Secretary of Education, in consultation with the 
heads of other participating government agencies, shall formulate the rules and regulations 
implementing the provisions of this Act. The implementing rules and regulations issued 
pursuant to this section shall take effect thirty (30) days after publication in two (2) national 
newspapers of general circulation. 
 
SEC. 15. Separability Clause. If any prov1s1on of this Act is held invalid or 
unconstitutional, the other provisions not so declared shall remain in force and effect. 
 
SEC. 16. Repealing Clause. - All laws, decrees, orders and rules, and regulations 
contrary to or are inconsistent with the provisions of this Act are hereby repealed or 
amended accordingly. 
 
SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or a newspaper of general circulation. 
Approved, 


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