The Filipinos Right to Food: An Assessment of the

Philippine Legal Framework Governing the Right to Food

(An Excerpt)
By Virgilio de los Reyes and Maria Socorro I. Diokno
The 1987 Constitution is the cornerstone of the legal framework;
it sets the entire policy framework for the countrys legal system.
Yet, the Constitution does not explicitly recognize the right to
food. There is only one provision in the entire Constitution that
mentions the word food, not as a human right per se, but as an
obligation of government to establish and maintain an effective
food and drug regulatory system. (p.11)
Despite non-express recognition, the right to food may be
inferred from various human rights provisions and from the
constitutional intent to address mass poverty. The right to food
may be inferred from: Section 9, Article II in relation to Section 1,
Article XII, which mandates policies focused on improving the
quality of life for all; Section 10, Article II in relation to Sections 1
and 3, Article XII, which fosters social justice; Section 21, Article
II in relation to Sections 4, 5 and 6, Article XIII, which promotes
agrarian reform; and Section 7, Article XIII, which explicitly
recognizes the rights of subsistence fishermen to the preferential
use of communal inland and offshore marine and fishing
resources.
If the right to food is inferred from various constitutional
provisions, a Supreme Court decision weakens the right by ruling
that some human rights are not judicially enforceable rights. In
Tondo Medical Center Employees Association, et. al. v. The Court
of Appeals, et. al., the Supreme Court ruled that several
provisions of the 1987 Constitution are not judicially enforceable
rights. These provisions, which merely lay down a general
principle, are distinguished from other constitutional provisions
as non- self-executing and, therefore, cannot give rise to a cause
of action in the courts; they do not embody judicially enforceable
constitutional rights.
Food safety laws include those that relate to nutritive quality of
food, safety standards and regulation and sanitation. The notion
of safe food that meets dietary needs is fully recognized in the 9
food safety laws. While these laws may not directly contribute to
alleviating hunger, these laws nonetheless ensure that food
available for consumption contains enough nutritive values and
is free from contaminants and other microorganisms. (p.16)
Republic Act 8976 or the Philippine Food Fortification Act of 2000
requires the fortification of food to compensate for inadequacies
in the Filipino diet; it has two aspects: voluntary and mandatory.
As a strategy, food fortification should be used only for clear
public health purposes to address existing dietary deficiencies
and promote healthy eating. Unfortunately, the law does not
contain clear standards or criteria governing the selection of
vehicles for voluntary food fortification, such as, for instance,
requiring fortification only for food that already has some
nutritional value or clearly identifying specific food that should

not be eligible for fortification (for example, food containing high

levels of fat, salt or sugar). Such standards would prevent
indiscriminate marketing and promotion of fortified food products
of questionable nutritional quality. (p.17)

What is the Food Fortification Program?

The
Food Fortification Program
is
the
Philippine
governments
response
to
the
growing
micronutrient
malnutrition, which has been prevalent in the country for the
past several years.
Mandate
Republic Act 8976, An Act Establishing the Philippine Food
Fortification Program and for other purposes mandating
fortification of flour, oil and sugar with Vitamin A and flour and
rice with iron by November 7, 2004 and promoting voluntary
fortification through the SPSP, Signed into law on November 7,
2000

There
are
139
processed
food
products
with
SangkapPinoySeal with 83% with vitamin A, 29% with iron
and 14% with iodine (2008)

37% of the products are snack foods

Most of the products FDA analyzed are within the standard

Based on 2003 NNS Households awareness of SPS- and FFproducts is 11% and 14%, respectively, in 2008 awareness is
11.6%

Although awareness is low, usage of SPS-products is 99.2%

Food fortification is the addition of Sangkap Pinoy or

Micronutrient such as vitamin A, iron and iodine to food,
whether or not they are normally contained in the food, for the
purposes of preventing or correcting demonstrated deficiency
with one or more nutrients in the population or specific
population groups.
Sangkap Pinoy nutrients or micronutrients are vitamins and
minerals required by the body in very small quantities. These
are essential in maintaining a strong, healthy, and active body
and a sharp mind; and, for women, to bear healthy children.
Objectives
The following are the objectives of the Food Fortification
Program:
1. To provide the basis for the need for a food fortification
program in the Philippines: The Micronutrient Malnutrition
Problem
2. To discuss various types of food fortification strategies

HJR 13, HR 966 and HB 2889

20 Measures Await House Final OK
August 2, 2014 (Saturday), PhilStar Global
(http://www.philstar.com/congress/articles/2014/08/02/1353095/
20-measures-await-house-final-ok)

MANILA, Philippines - Even as lawmakers will have their hands

full by next week following receipt of the proposed P2.606-trillion
2015 national budget, the House of Representatives is expected
to soon pass on third and final reading five national bills, one
House Joint Resolution and some 14 local bills which were
approved on second reading during the later days of the first
regular session.
One resolution which also awaits final passage in the House is
House Joint Resolution No. 13 entitled "Joint Resolution deferring
the implementation of the mandatory fortification of refined
sugar with Vitamin A as required by Republic Act No. 8976,
otherwise known as the Philippine Food Fortification Act of 2000'
until the National Nutrition Council has determined whether it is
still necessary or not."
On hindsight, the source of House Joint Resolution No. 13 1 is
House Resolution 9662, i.e., deferring the implementation of the
mandatory food fortification of refined sugar with Vitamin A as
required by RA 8976, or the Philippine Food Fortification Act of
2000, until the National Nutrition Council (NNC) has determined
whether it is still necessary or not.
In addition, another legislative creation, House Bill 2889 3, aims to
remove or exclude refined sugar from the list of products covered
by mandatory food fortification with Vitamin A, amending for the
purpose RA 8976.
1 H. Jt. Res. No. 13 JOINT RESOLUTION DEFERRING THE IMPLEMENTATION OF THE
MANDATORY FOOD FORTIFICATION OF REFINED SUGAR WITH VITAMIN A AS REQUIRED BY
REPUBLIC ACT NO. 8976, OTHERWISE KNOWN AS THE PHILIPPINE FOOD FORTIFICATION ACT
OF 2000 UNTIL THE NATIONAL NUTRITION COUNCIL (NNC) HAS DETERMINED WHETHER IT
IS STILL NECESSARY OR NOT
2 H. Res. No. 966 A RESOLUTION DEFERRING THE IMPLEMENTATION OF THE MANDATORY
FORTIFICATION OF REFINED SUGAR WITH VITAMIN A AS REQUIRED BY REPUBLIC ACT NO.
8976, OTHERWISE KNOWN AS THE PHILIPINE FOOD FORTIFICATION ACT OF 2000 UNTIL
THE NATIONAL NUTRITION COUNCIL (NNC) HAS DETERMINED WHETHER IT IS STILL
NECESSARY OR NOT
3 H. Bill No. 2889 AN ACT TO REMOVE OR EXCLUDE REFINED SUGAR FROM THE LIST OF
PRODUCTS COVERED BY THE MANDATORY FOOD FORTIFICATION WITH VITAMIN A,
MENDING FOR THE PURPOSE REPUBLIC ACT NO. 8976, OTHERWISE KNOWN AS THE
PHILIPPINE FOOD FORTIFICATION ACT OF 2000
Note also the amendment to Section 8 of RA 8976
SECTION 3. Section 8 of the same act is hereby amended to read as follows:
Section 8. Implementation, monitoring and review The DOH through the BFAD shall be
the lead agency for the implementation and monitoring of this Act while the NNC, the
policymaking and coordinating body on nutrition, shall serve as the advisory board on food
fortification.
xxx
The local government units through their health officers or agricultural officers or
nutritionist-dieticians or the sanitary inspectors shall assist in monitoring/checking that
foods to be mandated to be fortified like rice, [refined sugar,] wheat flour and cooking oil
are properly fortified and labeled with nutrition facts indicating the specific micronutrient
it was fortified with.

i-Rice
The City of Naga as enacted resolutions to support RA 8976,
specifically for the fortification of rice, to wit:
THE NAGA CITY GAZETTE
VOLUME I | ISSUE NO.4 | SERIES OF 2012 JANUARY - JUNE
2012

RESOLUTION SUPPORTING THE NATIONAL FOOD

AUTHORITY (NFA) PROGRAM ON THE FORTIFICATION
OF THE BASIC STAPLE, COMMONLY KNOWN AS I-RICE,
WITHIN THE CITY OF NAGA Sponsor: Hon. Cecilia B.
Veluz-De Asis
WHEREAS, Republic Act No. 8976, the Philippine Food
Fortification Act of 2000, has mandated the fortification of
staple foods, such as but not limited to rice, flour, cooking oil
and refined sugar;
WHEREAS, such mandatory fortification hopes to compete
against the increasing intake of carbohydrate-rich and less
nutritious foods, which contributed to the incidence of
micronutrient malnutrition that affects the populations physical
and mental development, work and economic productivity;
WHEREAS, subsequent to the standards set by the Department
of Health (DOH) through the Bureau of Foods and Drugs
(BFAD), the National Food Authority (NFA), as the main
stakeholder, launched a program that seeks to lessen if not
totally eliminate malnutrition in the country, particularly Iron
Deficiency Anemia (IDA), through the introduction of iron
fortificant to rice, one of our countrys staple food;
WHEREAS, said program known as Iron-Fortified Rice or
simply i-Rice, likewise, aims to intensify the governments
campaign against micro-nutrient deficiency especially but not
limited among nursing mothers, pregnant women and young
children;
NOW THEREFORE, on motion by Hon. Cecilia B. Veluz De
Asis, duly seconded by Hon. Alex C. Nero.
BE IT RESOLVED, as it is hereby resolved to support the
National Food Authority (NFA) Program on the fortification of
the basic staple commonly known as rice, within the City of
Naga.
LET COPIES of this resolution be furnished the Office of His
Honor, City Mayor John G. Bongat, the Offices of the Provincial
and Regional NFA, all accredited NFA rice retailers, all
Barangay Councils of Naga City and all other concerned
agencies for their information and guidance.
APPROVED: 2012-216
ADOPTED: April 3, 2012

RESOLUTION
CALLING/
REQUESTING
ALL
OWNERS/MANAGERS/
ADMINISTRATORS
OF
RESTAURANTS,
EATERIES,
CANTEENS,
HOTELS,
HOSPITALS AND SUCH ALL OTHER, IN THE CITY OF
NAGA, TO SERVE NFA IRON- FORTIFIED RICE (I-RICE)
IN THEIR DAILY OPERATIONS
Sponsor: Hon. Cecilia B. Veluz-De Asis
WHEREAS, in pursuance to Section 6 of Republic Act 8976,
otherwise known as the Philippine Food Fortification Act of
2000, which provides for the mandatory fortification of one of
the staple foods rice, the National Food Authority (NFA) has
conducted a simultaneous nationwide campaign on promoting
the regular serving and/or consumption of the Iron-Fortified
Rice known as i-Rice;
WHEREAS, in showing support to this i-Rice Program of NFA,
every Local Government Unit shall initiate concrete plans,
especially on the dissemination and promotion of i-Rice in the
community, which eventually help to vigorously address the
problem of micronutrient deficiencies to its constituents,
especially, but not limited among young children, pregnant
women and nursing mothers;
WHEREAS, parts of Naga Citys manifestations of support to
the program are: (a) to ensure the consumption of i-Rice in
every household; (b) to guarantee the availability of i-Rice in all
accredited retailers; and (c) to make the leeway that i-Rice be
served in all establishments within the city;
NOW THEREFORE, on motion by Hon. Cecilia B. Veluz De
Asis, duly seconded by Hon. Alex C. Nero;
BE IT RESOLVED, as it is hereby resolved to call/request all
owners/managers/administrators
of
restaurants,
eateries,
canteens, hotels, hospitals and such all other, in the City of
Naga, to serve NFA i-Rice in their daily operations.
LET COPIES of this resolution be furnished the Office of His
Honor, City Mayor John G. Bongat, for his perusal, the Offices of
the Provincial and Regional NFA, all aforementioned
establishments and all other concerned agencies for their
information, guidance and favorable actions.
APPROVED: 2012-214
ADOPTED: April 3, 2012