FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Firsf Regular Session 
1 
SENATE 
S.No. 
150 
Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
According to statistics provided by the National Statistical Coordination Board 
(NSCB) last 6 June 2006, approximately 24 out of 100 Pinoy families did not earn enough in 
2003 to satisfy their basic food and non-food requirements. 
At the same time, large amounts of apparently wholesome food are wasted everyday 
by hotels, restaurants, supermarkets, etc. To address the poverty issue and to curtail food 
wastage, surplus food can be donated, collected and distributed to our less fortunate 
brothers and sisters in the Philippines. However, prospective donors and helpers are 
unwilling or afraid to donate, collect and distribute surplus food due to possible legal liability 
that may arise as a result of their charitable acts. 
In the United States, the Federal Bill Emerson Good Samaritan Food Donation Act is 
a law that encourages the donation of food and grocery products to non-profit organizations 
for distribution to needy individuals by providing a standardized donor liability exposure. 
This bill adapts a similar principle to address the issue of legal liability in the donation 
of apparently wholesome food for charitable purposes to encourage the donation of surplus 
fpod to needy people. For this and the foregoing reasons, the passage of this bill is 
qarnestly sought. 
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Senator 


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FOURTEENTH CONGRESS 
OF THE PHILIPPINES 
First Regular Session 
OF THE REPUBLIC ) 
SENATE 
S. No. 150 
Introduced by Senator Richard J. Gordon 
AN ACT TO ENCOURAGE THE DONATION OF FOOD FOR CHARITABLE PURPOSES 
Be it enacted by the Senate and the House of Represenfafives of the Philippines in the 
Congress assembled: 
SECTION 1. Shod Title. - This Act shall be known as the “Food Donation Act of 
2007.” 
Sec. 2. Declarafion of fo/icy- - It is the policy of the State to alleviate national 
poverty and reduce food wastage. As such, the State shall implement measures to 
encourage the donation of apparently wholesome food for charitable purposes. 
Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall be 
defined as follows: 
(1) “Apparently Wholesome Food” refers to food that meets all quality and labeling 
standards imposed by pertinent laws and administrative regulations even though the 
food may not be readily marketable due to appearance, age, freshness, grade, size, 
surplus, or other conditions. 
(2) “Donate” is to dispose of an apparently wholesome food in favor of another. It 
includes giving by one person to another person of an apparently wholesome food 
for distribution, notwithstanding that the former has charged a nominal fee from the 
latter, if the ultimate beneficiary is not required to give anything of monetary value. 
(3) “Food” refers to any raw, cooked, processed, or prepared edible substance, ice, 
beverage, or ingredient used or intended for use in whole or in part for human 
consumption. 
(4) “Gross Negligence” refers to voluntary and conscious conduct, including a failure to 
act, by a person who, at the time of the conduct, knew that the conduct was likely to 
be harmful to the health or well-being of another person. 


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(5) "Intentional Misconduct" refers to conduct by a person with knowledge at the time of 
the conduct that the conduct is harmful to the health or well-being of another person. 
(6) "Charitable Purposes" refers to philanthropic, humanitarian and non-profit objectives, 
including the benefit of the needy, poor, sick, prisoners, orphans, etc. 
Sec. 4. Liability for Damages from Donated Food. - A person, whether natural or 
juridical, shall not be subject to civil or criminal liability arising from the nature, age, 
packaging, or condition of apparently wholesome food that a person donates in good faith 
for charitable purposes. This shall not apply, however, to an injury or death of an ultimate 
beneficiary of the donated food that results from an act or omission of a person constituting 
gross negligence or intentional misconduct. 
Sec. 5. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is 
hereby repealed or modified accordingly, 
Sec. 6. Separability Clause, - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect. 
Sec. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days from the 
date of its publication in at least one (1) newspaper of general circulation. 
Approved,