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

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. _ 1532

Introduced by Hon. Jericho Jonas B. Nograles

EXPLANATORY NOTE

Provisions of the 1987 Philippine Constitution, particularly in Article II (Declaration of
Principles and State Policies) which state:

“Section 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.”

“Section 11. The State values the dignity of every human
person and guarantees full respect for human rights.”

“Section 21. The State shall promote comprehensive rural
development and agrarian reform.” (emphasis supplied)

make it a State policy, and gives the State the corresponding obligation, to guarantee
the fulfilment of the peoples’ right to adequate food. The same obligation was
voluntarily adopted by the Philippines as State-Party to the Intemational Covenant on
Economic, Social and Cultural Rights which, in its Article 11, provides:

“Article 11. (1) The States Parties to the present Covenant
recognize the right of everyone to an adequate standard
of living for himself and his himself and his family,
including adequate food, clothing and housing, and to
the continous improvement of living conditions. The States
Parties will take appropriate steps to ensure the realization
of this right, recognizing to this effect the essential
importance of intemational cooperation based on free
consent


(2) The State Parties to the present Covenant, recognizing
the fundamental right of everyone to be free from hunger,
shall take, individually and through international
cooperation, measures, including specific programmes,
which are needed: (a) to improve methods of
production, conservation and distribution of food by
making full use of technical and scientific knowledge, by
disseminating knowledge of principles of nutrition and by
developing or reforming agrarian systems in such a way
as to achieve the most efficient development and
utilization of natural resources; (b) Taking into account the
problems of both food-importing and food-exporting
countries, to ensure an equitable distribution of world
food supplies in relation to need.” (emphasis supplied)

Indeed, a number of international instruments signed by the Philippines, including the
Convention on the Rights of the Child and the Convention on the Elimination of All
Forms of Discrimination Against Women, and numerous pieces of local legislation like
Republic Act No. 9700 (Comprehensive Agrarian Reform Program Extension with
Reforms which adopted the policies in Republic Act No. 6657), Republic Act No. 8435,
(Agriculture and Fisheries Modemization Act), Republic Act No. 8550 (Philippine
Fisheries Code), Republic Act No. 7607 (Magna Carta for Small Farmers), Republic
Act No. 7884 (National Dairy Act), Republic Act No. 7900 (High Value Crops Act),
Republic Act No. 8178 (Agricultural Tariffication Act), Republic Act No. 7308 (Seed
Industry Development Acf), Republic Act No. 9168 (Plant Variety Protection Act),
Republic Act No. 7581 (Price Act), Republic Act No. 71 (Price Tag Law), Executive
Order No. 51 (Milk Code), and Republic Act No. 8976 (Philippine Food Fortification
Act of 2000), have the over-all, arching objective of guaranteeing the right of Filipino
citizens to adequate food.

However, the lack of a comprehensive framework embodying right to adequate food
is a chasm between policy and implementation. Public funds are not only inadequte
but dissipated due to corruption. Who could forget the PhP728 million fertilizer scam,
the PhPS billion swine scam, the PhP3.1 billion irrigation scam, or the questionable
disbursement of PhP 120 million out of Ginintuang Masaganang Ani funds?

A comprehensive framework law, therefore, is essential to make the right to adequate
food meaningful. This comprehensive law will not only harmonize provisions of all laws
related to Filipinos’ right to adequate food but would also clarify the scope and content

of the right, establish standards for compliance, lay down principles to shape the
process of realization, and prohibit violations of the right to adequate food

In view of the foregoing, the passage of this bill is earnestly sought.

HON. JERICHO JONAS BL NOGRALES


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

EIGHTEENTH CONGRESS
First Regular Session

House Bit No,_1°32_

Introduced by Hon. Jericho Jonas B. Nograles

AN ACT
PROVIDING A FRAMEWORK FOR THE RIGHT TO ADEQUATE FOOD,
AND PROVIDING PENALTIES FOR VIOLATION THEREOF

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 “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. Definitions. — 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. Food blockade refers to an act of cutting off food supplies from a particular
area by force, either in part or totally;

c. 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


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failures resulting from pests or diseases; or by human agency such as internal or
international armed conflict;

d. 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.

e. 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;

f. 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 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.


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a. 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.

b. 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.

c. — 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.

d. 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
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.

e. 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.

f. The concept of availability refers to the possibilities either for feeding
oneself directly from productive land or other natural resources, or for well-functioning


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distribution, processing and market systems that can move food from the site of
production to where it is needed in accordance with demand.

g. 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.

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;

c. 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;

d. 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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e. 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 maternity, shall be eliminated and prevented. The equality of
opportunities between men and women shalll 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.


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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.

©. 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 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


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Provisions for awareness-raising, capacity-building and education on the right to
adequate food

g. 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.

SEC. 9. Governmental obligations. - The State has the duty to respect,
protect and fulfil 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


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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 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 also ensure that within ten (10) years from the effectivity of this
Act, land devoted to food production will be increased to fifty percent (50%) of all prime
agricultural land in every region, and, within the same period, 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;

e. 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;

i Percentage of population aware of available food and nutrition
programs; and

ij 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


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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.

SEC.

11. Institutional Responsibilities. — The following agencies of the

government are required to fulfil 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 (DOTT);

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


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the use of a human-rights based approach for the establishment and implementation
of the national policy must be institutionalized.

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
guarantee 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

©. 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.

f Investigate, motu propio, or upon complaint by any party, all forms of
violations of the right to adequate food;


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9g. 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 Cabinet Secretary and
Undersecretary, respectively.

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

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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.

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

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

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b. food supply responses are compatible with the right to adequate food
and international standards regulating emergencies.

c. requests for international assistance are initiated in case of necessity
and distribution of food to intended recipients is properly supervised and coordinated

SEC 15. Information Dissemination. — All government agencies, under the
direction of the Commission on the Right to Adequate Food, in coordination with the
Philippine News Agency (PNA) and Philippine Information Agency (PIA), are
mandated to:

a. Inform the population about the rights established in this Act and the
implementing rules and regulations adopted upon its entry into force, as well as about
any other measure taken for the purpose of facilitating and promoting the realization
of the right to adequate food.

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

SEC. 16. Education and Awareness Program. - The Commission on the
Right to Adequate Food, in coordination with the DepEd, Commission on Higher
Education (CHED) and TESDA, shall ensure that:

a. the school curriculum includes material related to food and nutrition
education, the right to adequate food and human rights principles.

b. relevant adult education and training programs shall include materials
related to food and nutrition, the right to adequate food and human rights principles.

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 so; and

c. ensure that international and other agreements which the Philippine
Government enters into, take into account the guarantee on the right to food.

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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;

©. 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. _Allpersons 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
capacity building mechanisms and special measures for disadvantaged groups;

c. 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:

a. blockade;
refusal to implement a food-related program;
discrimination in implementing a food-related program;
negligence in implementing food-related programs, resulting in death;

eaos

obstructing access to food in time of calamity or war;

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f. theft, corruption or black marketeering of food being given as
humanitarian aid, in times of calamity or war;

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

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 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 shall 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

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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 ahd ‘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.

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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