Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

486

HOUSE BILL

EXPLANATORY NOTE

Generally understood as the right to feed oneself in dignity, the right to adequate food is a
long-standing international human right to which many countries are committed. Over the last
decades, a number of countries have developed and implemented constitutional amendments,
national laws, strategies and programs that aim at the fulfillment for all of the right to food.'

The realization of the right to adequate food is not merely a promise to be met through
charity. It is a human right of every woman, man and child that is to be fulfilled through appropriate
actions by governments and non-state actors. The 2030 Agenda for Sustainable Development
prioritizes scaled up, transformational action to eradicate poverty and end hunger and all forms of
malnutrition, recognizing that, permanent eradication of hunger and the realization of the right to
adequate food for all are achievable goals.* 7

The righf,to adequate food can contribute to the transformational change by creating
synergies within the existing policy environment, in each context, to enhance coherence across
relevant sectors. For example, by sharpening the focus of national policy, legal and program
frameworks on the eradication of hunger, food insecurity and malnutrition (Sustainable
Development Goal, [SDG] 2), and contributing also to the elimination of extreme poverty and the
reduction of overall poverty (SDG1), and to ending all forms of discrimination against women and
girls (SDGS).>

4 %
Over the years, important advances have been made at various levels. Globally, the right
«to adequate food has been a legally binding human right in international law for more than 35 years
while since then additional legal guarantees have been afforded to specific groups, such as women,
children and persons living with disabilities.

In 2004, FAO Member Nations adopted by consensus the Voluntary guidelines to support
the progressive realization of the right to adequate food in the context of national food
security (Right to Food Guidelines), which provide practical guidance on ways to implement the
right to adequate food in a wide range of policy and programme areas.

More recently, whether as a result of consensual international documents with the
fulfilment of the right to food as an objective, such as the Voluntary guidelines on the responsible
governance of tenure of land, fisheries and forests in the context of national food security, or as a
goal reiterated by the United Nations Secretary-General in light of the Zero Hunger Challenge,
fulfilment of the right to food is increasingly becoming a priority on the international agenda.

+ http://www.fao.org/right-to-food/en/_

Ibid.

> Ibid.


This bill, which was filed and passed 3" reading during the 17" Congress is being re-filed
to address the pressing need to ensure that that there is food in every table of the Filipino family’s
home

Immediate passage of this bill is earnestly sought.

CHPRYL P. DELOSO-MONTALLA
Representative
2™ District, Zambales


Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

485

HOUSE BILL

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

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 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,

£. 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.

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.

4. 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.


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.

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

€. 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 shall be
promoted.

The prohibition of discrimination will not include government action to remedy past effects
of discrimination against particular individuals or groups and to promote equality of opportunities
with regard to the right to adequate food.

SEC. 8. Principles. ~The principles upon which the provisions of this Act are founded

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.

¢.  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.

£ Empowerment — The people have the power, capacity, capability and access means
to improve their own lives, including the power to seek from the State remedies for violations of
their human rights. This principle is the logical consequence of all the preceding principles, In the
context of this Act, empowerment entails specific provisions for awareness-raising, capacity-
building and education on the right to adequate food.

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 fulfill
the right to adequate food.

a. Respect — the State has the obligation not to interfere with or impair the enjoyment
of the right to adequate food. No public authority may deprive any person of food or means for its
procurement, apply laws and regulations, or pursue a policy or practice, in a way that could result
in preventing the enjoyment of or infringing the human right to adequate food, or repeal formally
or suspend legislation necessary for the continued enjoyment of the right to adequate food.

b. Protect — the State has the duty to provide guarantees against threats and risks
stemming from private actors or societal forces that are controllable by State action. It is bound to
take preventive measures necessary to protect persons whose capacities to access sufficient and
adequate food or means for its procurement are endangered by the acts of others, It also must
review the relevant administrative and legislative framework ensuring that activities within their
competence undertaken by private actors do not infringe on the right to adequate food of others.

c Fulfill — the State has the power to facilitate the enjoyment of the right to adequate
food by adopting or pursuing appropriate policies and measures that promote the human right to
adequate food and to create and maintain conditions under which every person can freely and
regularly enjoy the right to adequate food. It is equally the duty of the State to provide for right to
adequate food, by adopting and putting in place measures to provide food, or means for its
procurement, to persons who cannot take care of their own needs due to reasons beyond their
control, in particular for children whose parents die, disappear or otherwise no longer take care of
them.

SEC. 10. Targets. — The State shall ensure that in two and a half years after the effectivity
of this Act the incidence of hunger will be reduced by twenty-five percent (25%), from the level
recorded at the time of the passage of this Act: Provided, That five (5) years after the effectivity
of this Act such incidence of hunger will be further reduced by twenty-five percent (25%):
Provided, further, That in 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
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.

SEC. 11. Institutional Responsibilities. - The following agencies of the government are
Tequired to fulfil their respective mandates in a manner that will ensure full implementation of the
primary objectives of this Act:

a. Department of Agriculture (DA);

b. Department of Agrarian Reform (DAR);

c. Department of Education (DepEd);

d. Department of Environment and Natural Resources (DENR);

e. Department of Health (DOH);

f Department of Interior and Local Government (DILG);
g. Department of Justice (DOJ);


h. Department of Labor and Employment (DOLE);

i, Department of Public Works and Highways (DPWH);

j. Department of Social Welfare and Development (DSWD);

k. Department of Science and Technology (DOST);

1. Department of Trade and Industry (DTI);

m. Department of Budget and Management (DBM);

n. Department of Transportation (DOTr);

©. Department of Information and Communications Technology (DICT),
p. Commission on Human Rights (CHR);

q. Food and Nutrition Research Institute (FNRI);

r. National Anti-Poverty Commission (NAPC);

s. National Economic Development Authority (NEDA);

t. National Food Authority (NFA);

u. National Nutrition Couneil (NC);

v. Technical Education And Skills Development Authority (TESDA); and

w. other agencies and instrumentalities of the government whose functions are
necessary for the efficient and effective implementation of the right to adequate food.

In addition, the development of a fully-integrated whole of government approach to
implement the national policy governing the right to adequate food and the use of a human-rights
based approach for the establishment and implementation of the national policy must be
institutionalized.

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
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. Receive complaints of violations of the right to adequate food from individuals and
groups;


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

©. Adopt operational guidelines and rules of procedure, and cite for contempt for their
violation, in accordance with the Rules of Court.

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;

¢. __ Establish a continuing program of research, education and information to enhance
respect for the primacy of the right to adequate food;

f. 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;

g Monitor the Government’s compliance with its obligations in regard to the right to
adequate food;

h. Request the assistance of any department, bureau, office or agency in the
performance of its functions;

i, Appoint officers and employees in accordance with law, and
j. Perform such other duties and functions as may be provided by law.

The Commission shall be composed of a Chairperson and two (2) Members who must be
natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five
(35) years of age, and must not have been candidates for any elective position in the elections
immediately preceding their appointment. At least one (1) of them must be a member of the
Philippine Bar.

The Chairperson and the Members of the Commission shall not, during their tenure, hold
any other office or employment. Neither shall they engage in the practice of any profession, or in
the active management or control of any business which, in any way, may be affected by the
functions of their office, nor shall they be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the government, any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations or their
subsidiaries.

The Chairperson and the Members of the Commission shall be appointed by the President
and shall not be reappointed to another term. From among the Members, one shall serve as the
Chairperson and shall hold office for ten (10) years, another Member shall be appointed as
Commissioner for seven (7) years, and another shall be appointed Commissioner and shall serve
for five (5) years, without reappointment. A Member who shall be appointed to fill a vacancy shall
serve only the unexpired portion of the term of the predecessor. In no case shall 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 entitlement for each individual, determine the
exact quantity of calories, proteins and micronutrients to which the minimum amount of food shall
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.

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

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
tules 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.

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

4. 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;

b. refusal to implement a food-related program;

c. discrimination in implementing a food-related program;

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

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, shall be liable for damages. Any violation of a provision
of this Act, whether committed by public or private actors, shall 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 shall 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 shall 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 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 shall guarantee the realization of the right to adequate
food as provided for by this Act.


Concerned cabinet secretaries and other executive authorities shall report on a regular basis
to the Commission on the Right to Adequate Food on legislative and regulatory measures that have
been formulated and adopted, and the time frames within which they are envisaged to achieve their
objectives in order to achieve zero hunger.

SEC. 25. Separability Clause. — If any part or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in
full force and effect.

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 two (2) newspaper of general circulation.

Approved,