Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

Ali

HOUSE BILL N

Introduced by REP. FAUSTINO ‘INNO’ A. DY V

EXPLANATORY NOTE

In September 2021, ten percent (10%) of Filipino families, or an estimated 2.5
million, experienced involuntary hunger — hunger due to lack of food to eat —at least
once in the preceding three-month period of the survey.!

According to aa Fact Sheet? by the United Nations, chronic, long-term lack of
access to adequate food causes severe hunger and malnutrition, leaving victims more
vulnerable to preventable death and disease.

To prevent involuntary hunger, the Fact Sheet provides that food must be
available, accessible, and adequate. First, available means that the State should ensure
that food may be obtained through natural means or through shops or markets. Second,
accessible refers to economic and physical access to food. Economic access means that
food should be affordable, while physical access means that even people in remote areas
should be able to obtain food. Finally, adequate means that food should meet dietary and
cultural needs.

Moreover, the right to adequate food is not merely a moral duty — but a legally
binding human rights obligation for being recognized and mandated by the following:

(a) The 1948 Universal Declaration of Human Rights;

(b) The 1966 International Covenant on Economic, Social and Cultural Rights;

(c) The 1996 World Food Summit;

(d) The 1999 General Comment No. 12 of the Committee on Economic, Social
and Social Rights;

(e) The 2000 United Nations Millennium Declaration; and the

" httpsi//wwwcsws.org.ph/s wsmain/arteldisppage/?artesyscode=ARF-2021 1206105401
2 The Right to Adequate Food, United Nations Office of the High Commissioner on Human Rights,

hutps:/www.ohchrorg/Documents/Publications/FaciSheet34en pdf. last accessed on September 15, 2019.


(£) 2004 Voluntary Guidelines to Support the Progressive Realization of the
Right to Adequate Food in the Context of National Food Security.

In line with these commitments, this proposed measure seeks to eliminate
involuntary hunger in the Philippines through four main means:

FIRST. Guarantee the freedom from hunger for all Filipinos;
SECOND. Vest every Filipino with the right to adequate food;

THIRD. Establish the Commission on the Right to Adequate Food;
and

FOURTH. Create, empower, and institutionalize means by which the
provisions of this proposed measure may be realized so that the
Philippines will have a zero-incidence of hunger in ten years.

‘The goal of eliminating involuntary hunger in ten years will not be easy as it will
require the commitment of a great deal of resources in terms of money, effort, and
goods. But in doing so, the 19" Congress will be remembered as the one that
institutionalized the Right to Adequate Food, forever guaranteeing every Filipino with
the Freedom from Hunger.

In viewof the foregoing, the passage of this bill is earnestly sought,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

121

HOUSE BILL NO.

Introduced by REP. FAUSTINO ‘IN

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
Act.”

SECTION 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.

SECTION 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) 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
failures resulting from pests or diseases; or by huran 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;

£) 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 spedific 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) 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 intrinsigally 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
hygicne, 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.

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

2) 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.

. 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.

n

SECTION 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:

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

To access food or diet that is the most appropriate under given circumstances, in

terms of their nutritional value and cultural acceptability.

b)

©)

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.

SECTION 6. Freedom from hunger. — Every person has a right to be free from hunger.
Every person suffering from hunger or undernutrition, or at risk of suffering from
hunger or undernutrition 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.

SECTION 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 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.

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

qd

‘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 means to
improve their own lives, including the power to seek remedies from the State 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.

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 lawess 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.

SECTION 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.

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.

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SECTION 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 4)
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;

c. 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;

ce. 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

j. 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.

SECTION 11. Institutional 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:

. 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 ‘rade and Industry (DT);

. Department of Budget and Management (DBM);

. Department of Transportation (DOT);

. 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.

Pe i i er

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.

SECTION 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

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.

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 Ieast one (1) of
them must be amember 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 ina 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.

SECTION 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 undernutrition. 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 vuinerable 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.


SECTION 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;

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

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

SECTION 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; and,

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.

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

SECTION 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.


SECTION 18. Monitoring and Evaluation System. — There shal! 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

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

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.

SECTION 20. Penat 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:

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;

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.

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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.

SECTION 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.

SECTION 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.

SECTION 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 the
active participation of people’s organizations and human rights nongovernmental
organizations.

SECTION 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.

SECTION 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.

SECTION 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.



SECTION 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,