Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No, 5089

Introduced by Representative ESTRELLITA “GING” B, SUANSING

EXPLANATORY NOTE

‘The World Health Organization (WHO) said that hunger and malnutrition are
the world’s greatest threats to public health, The same could be said in the
Philippines.

The following statistics show the status of hunger and malnutrition in the
Philippines:

* The United Nations (UN) estimates that six million Filipino children
are malnourished, with 66% under the age of six do not receive
childcare;

* More than 32% of children under 5 suffer from moderate to severe
stunting due to malnutrition?

* The Second Quarter 2014 Social Weather Survey, fielded over June
27-30, 2014, found 16.3% or an estimated 3,6 million families
experiencing involuntary hunger at least once in the past three
months’;

* Malnutrition has long been a serious concern in Mindanao where a
significant number of children are already undernourished’;

* The banner story of a well known news publication stated that poverty
pushes more than half of elementary pupils to severe malnutrition.
“The Department of Education disclosed that 562,262 pupils in
kindergarten and elementary levels enrolled in public schools this
year have been considered “severely wasted” based on nutritional
status as of August 31, 2012.”5

Hunger and malnutrition must be addressed, especially amongst children. It
must be addressed now.

* The Philippine Star (http://www. philstar.com/headlines/2012/10/11/858285/6-million-pinoy-children-
mainourished-un-report), October 11, 2012

° UNICEF Annual Report 2013 - Philippines

* Second Quarter 2014 SWS, August 1, 2014

* UNICEF (http://www.unicef.org/philippines/media_18129.htmlt. VDNp2fmSw_k)

* www.inquirer.net, December 25, 2012

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It is a premium rationale for this bill that the government must now
institutionalize a Free Nutri-Meals Program to be known as the Sustansiya sa
Batang Pilipino Program for children in all public elementary schools and high
schools. Priority must be accorded to getting quality nutrition to prevent
malnutrition to co-exist with other diseases,

This measure is highlighted by the following provisions:

1. It institutionalizes the Sustansiya sa Batang Pilipino Program and for its
feasible implementation, initially school children in the elementary levels
including kindergarten in public schools shall be given free nutritious
meals, Following the K-12 Policy, it shall cover pupils in the Kindergarten
and Grades I-VI classes. On its third year of implementation, the Program
shall cover all levels of public elementary schools, from Kindergarten to
Junior High School Level of the K-12 Policy. On its fifth year of
implementation, the Program shall cover alll levels of the K-12 Policy in
the public sector.

2. As the legislation recognizes administrative and resources limitations,
public schools in areas where severe malnutrition are reported, armed
conflict and highly congested areas are accorded prioritization.

3, The support of the private sector is encouraged in this Act. It can be
through their Corporate Social Responsibility (CSR) activities or through
simple donations to public schools.

4. A unified super body composed of relevant government agencies is
created. ‘The reason is to have an integrated approach to oversee the
meaningful implementation of the Program.

It is the full intent of this legislation to seek the full participation of all
relevant departments in the bureaucracy and other sectors including those most
vulnerable to hunger so that it can be meaningfully implemented. Our children and
our children’s children must be spared from the bondage of poverty so that they
can have true opportunity in the future.

With the recognition that the 1987 Philippine Constitution enshrined a basic
policy and that the same must be fully realized, “the State shall promote a just and
dynamic social order that will ensure x x x an improved quality of life for all,” the
early enactment of this measure is earnestly sought.

ESTRELLITA “GING” B. SUANSING

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No, 9989

Introduced by Representative ESTRELLITA “GING” B.SUANSING

AN ACT
INSTITUTING A FREE NUTRI-MEALS PROGRAM TO CHILDREN
ENROLLED IN ALL ELEMENTARY SCHOOLS INCLUDING
KINDERGARTEN AND HIGH SCHOOLS IN THE K-12 PUBLIC
EDUCATION SECTOR, PROVIDING FRAMEWORK FOR ITS MEANINGFUL
IMPLEMENTATION, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

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

Section 1. Title. - This Act shall be known as the “Sustansiya sa Batang
Pilipino Act.”

Sec. 2. Declaration of Policy. - It is a declared policy of the State that it
shall promote a just and dynamic social order that will ensure an improved
quality of life for all. Towards this end, it is the objective of this Act to
provide a government-united and practical feasible approach to address the
issue of malnutrition and hunger among children in public elementary
schools including kindergarten and high schools through the
institutionalization of the Sustansiya sa Batang Pilipino Program (Free
Nutri-Meals for Filipino Children in Public Schools Program as cited in this
Act or Program, for brevity).

Sec. 3. Sustansiya sa Batang Pilipino Program (Free Nutri-Meals for
Filipino Children in Public Schools Program). - To improve the
attendance, nutrition, health, and academic performance of school children
in public elementary and high schools, a Sustansiya sa Batang Pilipino
Program (Free Nutri-Meals for Filipino Children in Public Schools Program)
is hereby institutionalized.

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The Sustansiya sa Batang Pilipino Program is a nutrition-driven
initiative and is a free nutria-meals program for school children enrolled in
public schools. The food shall be served at the start of the class for five (5)
days a week and to complete the duration of one hundred and twenty (120)
feeding days.

‘The Program shall follow a 5-year full implementation phase. For the
first two (2) years of the enactment of this Act, it shall be implemented in all
public elementary schools including kindergarten centers (Kindergarten to
Grade VI, following the K-12 Policy).

On the third year after the enactment of this Act, the Program shall be
implemented in all public elementary schools including kindergarten and in
the Junior High School levels, following the K-12 Policy.

On the fifth year of its implementation, its implementation shall be
simultaneous in all levels in all elementary schools, including kindergarten,
and all secondary schools, covering both Junior and Senior High School
Levels.

Provided, That schools located in areas where severe malnutrition or
where “severely wasted” pupils as defined by existing government guidelines
are reported, schools located in areas of armed conflict and schools located
in highly congested areas shall be accorded prioritization in the
implementation of this Act.

Sec. 4. Child Nutrition Network, - There is hereby created a Child
Nutrition Network (CNN), a super body that will implement the Program. It
shall be composed of the Department of Education (DepEd), the Department
of Social Welfare and Development (DSWD), the Department of Agriculture
(DA), the National Nutrition Council (NNC), the Food and Nutrition Research
Institute (FNRI) and the Department of Health (DOH). The Secretary of
DepEd and the Secretary of DSWD shall be Co-Chairpersons of the CNN.

The super body shall then establish a Nutrition Framework for its
implementation. The Nutrition Framework, among others, will serve as
blueprint containing the details of its implementation; integrated package of
nutrition services; institutionalization of a system of qualification,
accreditation and the corresponding incentives for private corporations;
development of a database of information, knowledge and best practices for
nutrition programs; food and health aspects of school-based

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implementation; monitoring progress report on children; participation of
communities and civil society and private-public sector partnership.

Sec. 5. Integrated Nutrition Education and Social Preparation. - ‘The
Free Nutri-Meals for Filipino Children in Public Schools Program shall be
complemented by public health and nutrition education campaign
programs, which aim to promote a holistic and integrated approach to
health and nutrition education of school pupils. For this purpose, relevant
and user-friendly nutrition information and education materials shall be
developed and distributed in the public schools. Orientation-training shall
be held among DepEd health and nutrition unit personnel at the regional
and division levels, concerned local government representatives, and the
parent-teacher associations (PTAs), in order to orient them on the Program’s
objectives and mechanics and generate support for the Program.

Sec. 6. Periodic Health Examination. - A simultaneous health
examination including relevant immunization and de-worming of all school
pupils shall be undertaken before the start of the feeding program, and shall
be conducted by either the respective local Health Officer or Barangay
Nutrition Scholars (BNS), Children found with ailments shall be given proper
treatment and referred to hospitals, Class Advisers shall note the progress of
each pupil for the entire duration of the implementation of this Program.
‘The respective Principals shall submit a quarterly progress report to the
Division Superintendent. The Division Superintendent shall then submit the
consolidated reports to the Child Nutrition Network.

Sec. 7. Role of the Department of Education (DepEd). - The Department
of Education shall be responsible for institutionalizing the Free Nutri-Meals
for Filipino Children in Public Schools Program in the public education
system, which will:
a. Provide free lunch meals to all public elementary, including
kindergarten, and high school children;
b. Ensure that the standard lunch meals meet the required nutritional
level for school pupils, in coordination with the NNC;
c. Institute a system of effective sourcing, procurement and delivery of
the required raw materials and other necessary inputs.

Sec. 8. Role of the Department of Social Welfare and Development
(DSWD). - The DSWD shall identify the priority areas, in the cities and
municipalities where malnutrition rates are most severe, as may be
determined by the NNC. For the first two (2) years of the feeding program,
the DSWD shall facilitate the piloting of the Program in the Conditional
Cash Transfer (CCT) areas.

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Sec. 9. Role of the Department of Agriculture (DA). — The DA shall
identify and accredit farmers, farmers’ organizations or farmers’
cooperatives, who can supply good quality fresh fruits, vegetables and other
healthy food stuffs.

The DA, as far as practicable, shall identify the farmers and farmers’
organizations from the locality where the feeding program is to be
administered. The farmers shall be chosen pursuant to a transparent and
fair selection system, which the DA shall design, promulgate and implement.
The DA shall likewise provide technical assistance in cost-effective vegetable
and rice farming within the school premises, whenever applicable. The
Bureau of Fisheries and Aquatic Resources (BFAR) shall provide technical
assistance in the development of cost-effective ways of raising tilapia, and
other fish resources that are available in the locality.

Sec. 10. Role of the Department of Health (DOH). - The DOH shall
identify the fruits, vegetables, and other healthy foods which are appropriate
for the feeding programs in the specified locality and shall recommend these
to the DA for purchasing. The DOH shall also procure personnel or
volunteers from the locality, preferably from the Parent Teacher Associations
(PTAs) and provide technical assistance in the training on the proper and
healthy preparation, cooking, and other healthy practices in relation to the
feeding programs.

Sec. 11. Role of the Department of Interior and Local Government
(DILG). - The DILG shall implement an effective monitoring system that will
be implemented through the Barangay Nutrition Scholars (BNS) and shall
institutionalize a fair and progressive system of compensation and
incentives for the BNS, which shall likewise be sourced from the funding of
the national feeding program in the public education system. The DILG shall
issue memorandum circulars which will institutionalize a subsidized
funding scheme for the 5 and 6% class municipalities and a national-local
counterpart scheme for 3" and 4th class municipalities.

Sec. 12. Private Sector Participation. — Private sector partnership is
encouraged in this Act. The private entity can, in the form of their Corporate
Social Responsibility, donate or adopt a school as recipient of the
Sustansiya sa Batang Pilipino Program in cooperation with the concerned
agencies identified in this Act or directly organized and coordinated with the
DepEd.

For purposes of this provision, the DepEd, in coordination with the
Department of Finance and other relevant government agencies, may

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provide in a guideline a system of incentives including but not limited to
creditable expenses in income tax, or discounts in business permits
registration, or other forms of assistance.

Sec. 13. Appropriations. - The amount of Ten billion pesos (Php
10,000,000,000.00) is hereby appropriated for the implementation of this
Program and shall be sourced from the proceeds of the Philippine Charity
Sweepstakes Office and the Philippine Amusements and Gaming
Corporation. Initially, a substantial portion shall be sourced from the Social
Fund of the Office of the President.

The funds shall be administered by the Child Nutrition Network
(CNN).

Thereafter, such sum necessary for its continuous implementation
shall be included in the annual General Appropriations Act.

All expenditures, disbursement of funds and other activities made
under the program shall be subject to existing government auditing and
accounting rules and regulations.

Sec. 14, Implementing Rules and Regulations, — The Child Nutrition
Network (CNN) shall promulgate the necessary rules and regulations
implementing the provisions of this Act within ninety (90) days from the
effectivity of this Act, Bach of the member national government agencies and
instrumentalities shall likewise promulgate the necessary internal
memoranda, circulars, and other order to institutionalize the Program
within their respective offices, not later than the date to be determined by
the CNN,

Sec. 15. Repealing Clause. - All laws, decrees and orders or parts thereof
which are contrary to or inconsistent with this Act are hereby repealed,
amended or modified accordingly. Nothing in this Act shall affect the
existing food programs being implemented by other government agencies.

Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days following
its complete publication in the Official Gazette or in at least two (2)

newspapers of general circulation, whichever comes earlier.

Approved,

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