National Nutrition Commission Act

Deltate TWENTIETH CONGRESS OF THE Difice of the seralarp REPUBLIC OF THE PHILIPPINES First Regular Session 25 DEC -3 P1:33 SENATE S.B. No. 1576 RECEIVED BY INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT CREATING THE NATIONAL NUTRITION COMMISSION, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 491, ENTITLED "CREATING A NATIONAL NUTRITION COUNCIL AND FOR OTHER PURPOSES" EXPLANATORY NOTE Fifty-one years have elapsed since the creation of the National Nutrition Council. On June 25, 1974, Presidential Decree No. 491 created the National Nutrition Council (NNC) under the Office of the President as the primary policymaking and coordinating body for nutrition. In 1987, however, Executive Order No. 234 reorganized the NNC and transferred it to the Department of Social Welfare and Development. Shortly thereafter, the NNC was transferred to the Department of Agriculture (DA) by virtue of Administrative Order No. 88, with the DA designated as Chair of the NNC Governing Board. Subsequent changes occurred in 2005, when, under Executive Order No. 472, the NNC was transferred to the Department of Health (DOH) as an attached agency, with the latter appointed as Chair of the NNC. Despite the series of reorganizations intended to enhance the agency's effectiveness, problems of undernutrition, malnutrition, and involuntary hunger persist. Numerous studies continue to highlight the prevalence of stunting, obesity, and other nutrition-related concerns among our people, particularly the youth. This bill seeks to strengthen the National Nutrition Council by reconstituting it into a Commission, expanding its powers and functions, and ensuring the effective

protection and promotion of the right to health of our people, while fostering greater health consciousness among the population (Section 15, Article II, 1987 Philippine Constitution). In view of the foregoing, the early approval of this bill is earnestly requested. RISA HONTIVEROS Senator

Senate Office of the sexcretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 DEC -3 P1:33 SENATE RECEIVED BY: S.B. No. 1576 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT CREATING THE NATIONAL NUTRITION COMMISSION, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 491, ENTITLED "CREATING A NATIONAL NUTRITION COUNCIL AND FOR OTHER PURPOSES" 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 and referred to as the

2 "National Nutrition Commission Act."

Sec. 2. Declaration of Policy. — The State recognizes nutrition as a basic

4 human right and guarantees the right to adequate food, which should be implemented 5 by the government in an integrated manner.

Sec. 3. National Nutrition Commission. - There is hereby created a National

7 Nutrition Commission, ("Commission"), which shall be attached to the Office of the President. The Commission shall be the primary policy-making, coordinating, implementing and advisory body on nutrition and food concerns.

Sec. 4. Powers and Functions of the Commission. — The Commission shall

have the following powers and functions: 1. Formulate national food and nutrition policies, programs, strategies, activities, and projects, and serve as the policy, coordinating and advisory body on food, nutrition and health concerns; 2. Supervise, coordinate, monitor, and evaluate the implementation of its programs, projects, and activities undertaken by all agencies and instrumentalities of both the government and private sector concerning nutrition and food.

3. Recommend to Congress measures to effectively promote the full realization of the right to nutrition and adequate food, and the harmonization of existing laws and issuances addressing food, nutrition and health concerns through the review of relevant administrative and legislative frameworks; 4. Conduct investigations upon all matters relating to the enforcement of the right to nutrition, health, and adequate food, and and facilitate access for individuals and groups to legal assistance through coordination with appropriate government and non-government legal aid agencies to better assert the progressive realization of their abovementioned rights; 5. Call on any department, bureau, office, agency and other instrumentalities of the government for assistance in the form of personnel, facilities and resources as the need arises; 6. Provide technical assistance to increase competencies and capabilities of stakeholders through the conduct of public education, capacity building, skills development and advocacy; 7. Coordinate the release of funds, loans, and grants from government organizations and non-government organizations; 8. Provide monetary and non-monetary incentives to nutrition champions by establishing rewards and recognition system; 9. Establish a continuing program for information dissemination and awareness; and 10. Exercise such other powers and functions as are necessary for the implementation of this Act.

Sec. 5. Composition of the Commission. - The Commission shall be headed

by a Chairperson and two (2) Commissioners, all of whom shall be appointed by the President for a term of six (6) years, without prejudice to one reappointment. They shall continue to hold office until their successors have been appointed. Appointments to a vacancy that occurs before the expiration of the term of a Chairperson or Commissioner shall cover only the unexpired portion of the term of the predecessor. At the expiration of the term of the Chairperson or in case of vacancy, the more senior of the Commissioners shall temporarily assume and perform the duties and functions 32 of the Chairperson until a permanent Chairperson is appointed by the President.

The Commission shall appoint its officers and employees in accordance with the Civil Service law, rules and regulations.

Sec. 6. The Chairperson and the Commissioners. — The Chairperson and the

Commissioners of the Commission must be Filipino citizens, with at least ten (10) years of experience in the fields of food security, good nutrition promotion, and mitigation 6 of hunger, and malnutrition, at least thirty-five (35) years of age, and of good moral 7 character. At least one (1) of them must be duly licensed to practice medicine in the 8 Philippines. The Chairperson and Commissioners shall receive annual compensation and shall be entitled to other benefits and privileges provided under existing laws for a Department Secretary and Department Undersecretaries, respectively. They shall not, during their tenure, hold any other office or employment, or in the active management or control of any business which, in any way, may affect the functions of their office.

Sec. 7. Advisory Board. — There shall be constituted an Advisory Board which

shall meet with the Commission at least twice a year, or more frequently as deemed necessary by the Chairperson to assist it with its policies and plans. The Board shall be composed of a representative each from the following offices 18 or agencies: 1. Department of Health - Chairperson 2. Department of Agriculture - Vice-Chairperson 3. Department of Agrarian Reform 4. Department of Education 5. Department of the Interior and Local Government 6. Department of Social Welfare and Development 7. Department of Budget and Management 8. Department of Science and Technology 9. Department of Trade and Industry 10. Commission on Human Rights 11. National Anti-Poverty Commission 12. Council for the Welfare of Children 13. National Economic and Development Authority 14. National Food Authority

15. Philippine Statistics Authority 16. League of Province of the Philippines 17. League of Cities of the Philippines 18. League of Municipalities of the Philippines 19. Nutrition Foundation of the Philippines 20. Nutrition Center of the Philippines The members of the Advisory Board shall receive per diem for actual attendance 8 in board meetings and reimbursement for actual and reasonable expenses and incentives as authorized by the Commission.

Sec. 8. Composition of the Secretariat. - The Commission shall establish a

secretariat to be headed by an Executive Director, who must be a natural born citizen of the Philippines; at least thirty-five (35) years of age on the day of the appointment; holder of a college degree; with at least five (5) years of executive and management 14 experience; with considerable exposure to food security, good nutrition promotion, 15 and mitigation of hunger, and malnutrition; and, a person of good moral character: Provided, That he or she shall be a career officer.

Sec. 9. Nutrition Office. - For the effective implementation of nutrition

18 programs at sub-national levels, every province and city/municipality shall have a nutrition office. The Provincial Nutrition Office shall be headed by a Provincial Nutrition Action Officer, supported by a Provincial Nutrition Coordinator and other adequate 21 staff complement. The City/Municipal Nutrition Office shall be headed by a 22 City/Municipal Nutrition Action Officer, supported by other adequate staff complement. Plantilla positions for the staff composing said offices shall be determined by the Commission in consultation with the Civil Service Commission and Department of Budget and Management, and funded through the General Appropriations Act or local government budget allocations.

Sec. 10. Research and Policy Development Support. — The Food and Nutrition

Research Institute of the Department of Science and Technology, as well as other agencies of government and private entities which are performing nutrition research, shall cooperate with the Commission for research and policy development.

Sec. 11. Donations. — The Commission shall be authorized to receive

donations, grants, or gifts in whatever form and from whatever sources: Provided,

That 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. Any donation, contribution, bequest, and grant which may be made to the Commission shall constitute as allowable deduction from the income of the donor for income tax purposes and shall be exempt from donor's tax, subject to such conditions as provided under the National Internal Revenue Code, as amended.

Sec. 12. Transitory Provisions. - The National Nutrition Council is

reconstituted as the National Nutrition Commission. Such personnel, properties, assets 10 and liabilities, functions and responsibilities of the Council are hereby transferred to or absorbed by the Commission. Incumbent officials and employees shall continue to exercise their respective functions and responsibilities with the corresponding benefits and privileges. The incumbent Executive Director and Deputy Executive Directors shall serve as the first Chairperson and Commissioners until formally appointed by the President in accordance with Section 5. Thereafter, the Chairperson shall appoint the Commission's new Executive Director and Deputy Executive Directors. Consistent with the reconstitution of the National Nutrition Council into a Commission, the present positions and salaries of personnel shall be upgraded to the level of their counterparts in a department set-up. The Commission shall recruit or employ such other personnel as may be necessary for the performance of its functions.

Sec. 13. Appropriations. — The amount necessary to carry out the provisions

of this Act, with the exception of Section 9, shall be charged to the current fiscal year appropriations of the National Nutrition Council. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

Sec. 14. Implementing Rules and Regulations. — Within sixty (60) days from

the appointment of the Chairperson and Commissioners, the Commission, in coordination with the members of the Advisory Board, shall promulgate the necessary rules and regulations for the effective implementation of this Act.

Sec. 15. Separability Clause. - If any provisions or part of this Act is declared

unconstitutional or invalid, the other provisions or parts thereof not affected thereby shall continue to be in full force and effect.

Sec. 16. Repealing Clause. - All laws, presidential decrees or issuances,

executive orders, rules and regulations and other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its publication either in the Official Gazette or in a newspaper of general circulation. Approved,