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Republic of the Philippines
HOusE .OF REPRESENTATrvEs
Quezon City, Metro Manila
NINETEENTH coNGRnss
First Regular Sessfop
8051`
House Bill No.
Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT STRHNGTHENING THE NATIONAL NUTRITION COUNCIL REPHALING IFOR
TIIIS PURPOSE PRESIDENTIAL DECREE NO. 491, ENTITLED "CREATING A
NATIONAL NUTRITION COUNCIL AND FOR OTHER PURPOSES", EXPANDING HTS
POWERS AND FUNCTIONS AS A COMMISSION, AND FOR OTHER PURPOSES
HXPLANATORY NOTE
The  1987  Constitution  underscores  the  state's  commitment to  health  promotion,  stating  that  .`[t]he
State  shall  protect  and  promote  the  right  to  health  of the  people  and  instill  health  consciousness
among them" (Article 11, Section  15).
Thus, several laws were enacted upholding health promotion for the benefit of the Filipinos anchored
on ending hunger and malnutrition. Some of which are the following:
I.    Presidential Decree 491 of 1974 or the Nutrition Act of the Philippines;
2.    Presidential  Decree  1569  strengthening  the  Barangay  Nutrition  Program  by  providiilig  for
Barangay  Nutrition  Scholar  (BNS)  in  every  barangay  to  assist  in  the  coordination  and
implementation of nutrition programs, projects and activities in the barangay level;
3.    The Local Government Code of 1991  (Republic Act No. 7160) mandating local goverrment
units to exercise their powers and discharge their functions as necessary and appropriate for
the effective provision of basic services including child welfare and nutrition services;
4.    The  Salt  lodization  Law  (Republic  Act No.  8172)  which  was  enacted  to  contribute  t.o  the
elimination  of  micronutrient  malnutrition   in  the  country,   particularly   iodine   deficiency
disorders, through the cost-effective preventive measure of salt iodization;
5.    Food  Fortification  Law  (Republic  Act  No.  8976)  providing  for  the  establishment  of the
Philippine Food Fortification Programs;
6.    The Kalusugan  at Nutrisyon ng Mag-Nanay Act -First  1000 Days Law (Republic Act No.
11148)  mandating  the  national  agencies,  LGUs,  civil  societies  and  other  stakeholders  to
develop and implement a comprehensive and sustainable strategy for the first  I,000 days of
life  to  address  the  health.  nutrition,  and  developmental  problems  affecting  infants,  young
children, adolescent females, and pregnant and lactating women.
7.    Republic Act No.11037 or the Masustansyang Pagkain para sa Batang Pilipino Act
8.    The   Universal   Health   Care   Act  (Republic  Act  No.   11223)   which   institutionalizes   the
integrated  and   comprehensive   approach  to   ensure  that  all  Filipinos   are  health   literate,
provided with healthy living conditions, protected from hazards, guaranteed equitable access
to quality and affordable health care goods and services, and protected against financial risk
through   a  framework  that  fosters  whole-of-system-government-society  approach   in  the


development,  implementation,  monitoring and  evaluation of health policies]  programs,  and
plans.
However,  despite  several  laws  and  policies  in  place  seeking  to  provide  interventions to  our  long-
standing health problems on adequate nutrition, the government needs to scale up its workforce and
resourees to combat hunger and our prevalent nutritional problems. One of the strategic interventions
this  representation  proposes  is  this  measure  that expands  the  power  and  functions  of the National
Nutrition Council (NNC) into a Commission.
Since its creation in 1974, the NNC has remained a small agency with a lean organizational stnicture
of about  150 officials and staff in both the central and regional offices combined working toget]her to
fulfill its functions of policy-making, coordinating, and monitoring and evaluating nutrition programs
from  the  national down to the regional  levels.  Additionally,  various  laws related to nutrition  have
been passed in recent times which expanded the roles of the agency. Among these include RA  11148
or  the  Kalusugan  at  Nutrisyon  ng  Mag-Nanay  Act  which  mandated  the  NNC,  together  with  the
Department of Health (DOH), to oversee the implementation of the First  I,000 Days Program; and
Republic Act No.  11037 or the Masustansyang Pagkain para sa Batang Pilipino Act which estab]lished
the National Feeding Program, directing NNC to create a National Nutrition Infomation System and
harmonize all existing nutrition databases to monitor the health and nutrition of all Filipino child]ren.
Since  its  formation,  the  country has  expressed  expanded  demands  for  leadership  and  management
from the NNC.  Through the years, NNC continues to lead the formulation of the Philippine PThan of
Action for Nutrition (PPAN), the country's blueprint to address malnutrition. Next, there are expanded
demands   for  partnership  and  resource  mobilization.   The  demand  for  parthership  building  and
nurturing  between  NNC  and  its  manifold  partners  from  the   10  agency  membei.s  of  the  T`INC
development  partners  such  as  World  Bank,  UNICEF,  WHO,  Nutrition  lnternational,  World  Food
Prograln,  USAID, Korean International Cooperation Agency, Leagues of Local Governments rim the
Philippines, League of Cities  and the Philippines,  League  of Municipalities of the Philippines,  Vice
Mayor's  League  of  the  Philippines,  Philippine  Councilors  League,  League  of  Barangays  cif the
Philippines,  and  member agencies  of the  Philippine  Coalition for Advocates  for Nutrition with  13
member organizations. Lastly, considering the situation of nutrition in the country today, the NNC has
a high level of responsibility. The office of the Executive Director (ED) manages the central office
and  17  regional  and  satellite  offices.  There  are  twenty-one  (21)  senior  officers  of the  NNC  that
directly report to the ED.
President Ferdinand Marcos Jr.,  in his statement during the World Economic Forum  last Janu{ny in
Switzerland, highlighted the vital role of the National Nutrition Council in supervising, coordinating,
and evaluating the national nutrition program for all public and private agencies. This contributes to
the achievement of food security which remains part of our national agenda as anchored on our vision
for a prosperous, resilient, and secure Philippines by 2040.
These  all  support the National Nutrition Council's  strengthening to  becoming a Commission  with
expanded powers and functions, and appropriate budget allocated.
In view of the foregoing, approval of this measure is eamestly sought.
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Republicoft-hePhilippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
HouseBi||No.8051
Introduced by Rept.esentative Midy N. Cue
Lone District, Quiriro
AN ACT STRENGTHENING THH NATIONAL NUTRITION COUNCIL REPEAI.ING FOR
THIS PURPOSE PRESIDENTIAL DECREE NO. 491, ENTITLED "CREATING A
NATIONAL NUTRITION COUNCIL AND FOR OTHER PURPOSES", EXPANDING ITS
POWERS AND FUNCTIONS AS A COMMISSION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress assembled:
SECTION I. Sfeorf I;.I/e. -This Act shall be known as the `Nutrition Act of 2023."
SEC. 2. Decharcr#.o# o/Po/z.c)/.  - It is hereby declared the policy of the State to promote, propagate,
develop further and framework for expanding the National Nutritional Council which aims to protect
the health and well-being of the general population especially toddlers and senior citizens. In addition,
it is also a declared policy of the state under Article 11 Sec.15 of the  1987 Constitution to ensure and
guarantee the right of the Filipinos to health and instill health consciousness among them.
[n  several  international  commitments, the  State commits to  the development of the nation's
health  sector  and  its  social  protection  programs  consistent  with  the  principles  embodied  in  the
lntemationa] Covenant on Economic,  Social and Cultural Rights, the convention of the rights of the
Child, and the convention on the eradication of all forms of Discrimination against Women. Therefore,
the State ensures to:
1.    Provide good nutrition;
2.    Ensure food security;
3.    Eliminate hunger;
4.    End all forms of malnutrition;
5.    Improve the quality of life;
6.    Prioritize nutrition for all age groups;
7.    Collaborate across all branches of the government, local government units. Civil
society organizations and private sector to guarantee improved human health and
well-being.
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1        SEC.  3.  De¢#I.fj.o#  o/ Terms.  -  For  purposes  of this  Act,  the  following  terms  shall  be  defined  as
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a)   IVwtrjfz.o# refers to the process of providing or obtaining the food necessary for health and
orowth.
b)   A4c7/##trz.#.o# refers to the lack of proper nutrition, caused by not having enough to eat, not
eating enough of the right things, or being unable to use the food that one does eat.
c)   H##ger refers to a status of an individual whose food intake regularly provides less than
their minimum energy requirements.
d)   Fooc7  Sec#rz.ty  refers  to  an  incidence  where  people,  at  all  times,  have  I)hysical  and
economic access to sufficient safe and nutritious food that meets their dietary needs and
food preferences for an active and healthy life.
e)    Urb¢#  Poor refers  to  the  situation  where  people  who  live  below  a  certain  amount  of
income in the city and who have limited access to some social means.
a    Non-Government Organization or NGOs, refers a nonstock, nonprofit organization duly
registered with the SEC, focusing on the upliftment of the basic or disadvantaged sectors
of society  by  providing  advocacy,  training,  community  organizing,  research,  access  to
resources,  and  other  similar  activities,  as  defined  in  Republic  Act No.  8425,  otherwise
known as the "Social Refom and Poverty Alleviation Act".
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26        SEC. 4. Jze#c77#z.#g a/ff!e IVczfz.o#cI/ IV#trz.fz.o#a/ Cow;tcz./.  -The nomenclature of the National Nutrition
27       Council.  was  established  pursuant  to  Presidential  Decree.  901.  As  amended,  is  hereby  changed  to
28       "National Nutrition commission", hereinafter referred to in this Act as the "Commission", which shall
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be attached to the Office of the President for general direction and coordination.
SEC. S. Composz'/z.ow o/  /fee Commz.ssj.o#.  - The Commission shall be headed by a Chairperson with
the  rank  of Cabinet  Secretary  and  two  (2)  Commissioners  with  the  rank  of Undersecretary.  The
Chairperson and the Commissioners shall be citizens and residents of the Philippines, of good moral
character,   of  recognized   probity   and   independence   and   must   have   distinguished   themselves
professionally in public, civic or academic service in the fields of health and nutrition. They must have
been in the active practice of their professions for at least ten (10) years.
SEC. 6.  re77#s o/Oj7icc. -The term of office of the Chairperson and the Commissioners shall be six
(6) years without reappointment. Of the flrst set of appointees, the Chairperson and first commissioner
appointed shall hold office for six (6) years and the second commissioner appointed shall serve for a
term  of four  (4)  years.  In  case  a  vacancy  occurs  before  the  expiration  of the  term  of office,  the
appointment to such vacancy shall only be for the unexpired term of the predecessor. The Chairperson
and the Commissioners shall enjoy the security of tenure and shall not be suspended or removed from
office except for just cause as provided by law. At the expiration of the term of the Chairperson or in
case  of vacancy,  the  most  senior  of the  Commissioners  shall  temporarily  assume  and  perform  the
duties and functions of the Chairperson until a permanent Chairperson is appointed by the President.
48       SEC.1.  Powers,  Functions  and  Responsibilities  Of the  Commission.  -The powers, funedrons, and
49       responsibilities of the commission are as follows:
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1.    To  formulate  an  integrated  and  multi-sectoral  national  policy,  programs,  activities,  and
projects  on  nutrition  and  food  to  ensure  good  nutrition,  eliminate  hunger,  and  food
security.
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2.    To   supervise,   coordinate,   monitor,   and   evaluate  the   implementation  of  its  projects,
programs,  and  activities  undertaken  by  all  agencies  and  instrumentalities  of both  the
goverrment and private sector concendng nutrition and food.  It shall coordinate with the
National Disaster Risk Reduction and Management Council and the Department of Social
Welfare  and  Development to  ensure  proper nutrition  and  food  during  emergencies  and
disasters.
3.    To   provide   technical   assistance   to   increase   the   competencies   and   capabilities   of
stakeholders  and  health  workers  through  the  conduct  of  public  education,  capacity
building, skills development, and advocacy.
4.    To establish a continuing program for information dissemination and awareness.
5.    To create and maintain a system for nutrition surveillance with a gender perspective;
6.    To  coordinate the  release of public  funds  for nutrition  and  food  in  accordance with the
approved projects, programs, and activities.
7.    To coordinate all requests for loans and grants by the government agencies involved in the
nutrition and food program.
8.    To provide monetary and non-monetary incentives to nutrition champions by establishing
a rewards and recognition system.
9.    To call on any deparment, bureau, agency, and other instrumentalities of the government
for assistance in the form of persormel, resources and facilities as the need arises.
SEC.  8. Prow.5z.o#cz/ A4embcrs  cl#d fj.#hages.  - The  Commission,  upon call,  shall have  the  support,
assistance, and coordination of the following provisional members :
1.    Undersecretaries of the following government bodies:
a)    Deparfuent of Health
b)   Department of Agriculture
c)    Department of the Interior and Local Government
d)   Department of Education
e)    Deparment of social welfare and Development
f)    Department of Trade and Industry
g)   Department of Labor and Employment
h)   Department of science and Technology
i)    Department of Budget and Management
j)    National Economic and Development Authority
2.    Presidents of the Leagues of Local Government units:
a)    League of provinces
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b)   League of cities
c)    League of Municipalities                                                                                                         .
d)   Liga ng mga Baranggay
3.    Maximum of th.ree (3) representatives from any of the following private sector:
a)    Health and nutrition professional organizations
b)   famer and fisherfolk
c)    women
d)    children
e)    urbanpoor
D    food manufacturing
g)   academe and research institutions
h)   organization or association of community
i)    non-government organizations
The Commission and the provisional members shall sit e" ba7®c /a crfxpJ'ove the Philippine Plan
of Action for Nutrition (PPAN) and for another purpose as may be determined by the Chairperson.
The provisional  members  shall  have  the honoraria of Plo,000.00  or 5% of their respective
basic salaries, whichever is higher per meeting.
SEC. 9. Philippine  Plan Of Action for Nutrition  (PPAN). ~ A ten-year mulrihsectorat ernd integ[a:fyed
national nutrition plan of action shall be developed and formulated by the Cominission in coordination
with  non-government  organizations  and  relevant  government  agencies  such  as  the  Department  of
Health, the Deparment of Social Welfare and Development, and the Department of Education, ainong
others. The PPAN should be aligned with Philippine Development Plan.
In  developing the  PPAN,  the  policies,  principles,  and programs  embodied  in the  Philippine
Development Plan (Ambisyon 2040), Food Fortification Law (Republic Act No.  8976), Act for Salt
Iodization Nationwide Law Qepublic Act No. 8172) Nutrition and Dietetics Law of 2016 Qepublic
Act No.  10862),  Masustansiyang  Pagkain  Para  sa  Batang  Pilipino  Act  (Republic  Act  No.  11037),
KaliLsugan at Nutrisyon ng Mag-Nanay Act (Republic Act No.  I 1148),  and all relevant  laws on the
nutrition and food security to be enacted hereafter must be considered.
The said plan must have measurable targets for ending malnutrition and undemutrition after 10
years  of its  implementation.  The PPAN  must be concurred by  its provisional  members.  The  PPAN
must be submitted to the Office of the President for direction and Coordination.
Snc.10. IVwfr;.fj.o# h4:o#/¢.  -The  month of July shall  be designated NUTRITION MONTH for the
purpose  of  creating  greater  awareness  among  our  people  on  the  importance  of  nutrition.   The
Commission shall formulate and approve programs and activities for nutrition month which should be
coordinated across all sectors whether public or private.
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SEC.  I I. Do#cifl.a"s.  - The Commission shall be authorized to receive donations. grants, or gifts in
whatever  form  and  from  whatever  sources:  Provz.ded fha/,  said  grants,  gifts,  or  donations  shall  be
administered, obligated,  and disbursed  in accordance with the terms of the grant or donation and in
such manner as the Commission may in its discretion determine.
SEC. L2.  Retention  Of Persomel;  Security  Of Tenure;  Upgrading  Of Positions  and  Salaries.  -  A:Il
existing permanent persormel of the National Nutrition Council shall not be adversely affected by this
Act. They shall continue in office and shall not be removed or separated from the service except for
cause as provided by existing laws. Further, the present positions and salaries of persormel shall  be
upgraded to the  level  of their counterparts  in a department set-up.  The Commission shall hire  such
other personnel as may be necessary for the performance of its functions.
SEC.  13.  rrcz#s!./ory Provz.sz.our.  -In consonance with the above provision, the incumbent Executive
Director and Deputy Executive Directors shall serve as the firsts Chairperson and Commissioners upon
the effectivity of this Act.
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17        SIC.   14.  j4ppraprj.cr/z.o#s.  -  The  state  shall  hereby  provide  the  initial  amount  necessary  for  the
18       organizational and operational requirements of this Act. Thereafter, the amount necessary to carry the
19       provisions of this Act shall be included  in the General Appropriations Act of the year following its
20       enactment into law and thereafter.
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22        SEC.  ]5. Separc7bz./jty C'/cr#se.  -If any provision  of this Act is  held  unconstitutional  or invalid,  all
23        other provisions not affected thereby shall remain valid.
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SEC.16. Repec]/i.#g C/czuse.  -Presidential Decree No. 491, as amended by Executive Order No. 234
s.   1987,  Administrative  Order  No.  88  s.   1988  and  Executive  Order  No.  427  s.  2005,  is  hereby
repealed. All other laws,  executive orders, executive  issuances or letters of instructions,  or any part
thereof.  inconsistent  with  or  contrary  to  the  provisions  of this  Act  are  hereby  deemed  repealed,
amended, or modified accordingly.
SEC.17. E#ec/i.vz.ty. -This Act shall take effect fifteen (15) days after its publication in the O#cl.a/
Gczze/fe or in a newspaper of general circulation.
3 4                     Approved,
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