QuestionsQuestions (MEMORANDUM CIRCULAR NO. 47)
The circular cites Section 11, Article XIII of the 1987 Constitution (integrated and comprehensive approach to health development and making essential goods and social services available at affordable cost) and Paragraph 2, Article 11 of the 1987 Constitution’s incorporation of international covenant principles (right to be free from hunger and efforts to improve food production, conservation, and distribution). These support State obligations to address hunger through accessible goods and improved food systems.
It invokes Paragraph 2, Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), recognizing the right to be free from hunger and requiring States to take steps to improve food production, conservation, and distribution. It is relevant because it reinforces the State’s policy and legal duty to implement programs that reduce hunger.
Executive Order (EO) No. 101 (s. 2020), as amended by EO No. 27 (s. 2023), created the Inter-Agency Task Force on Zero Hunger. The Task Force is mandated to coordinate and rationalize government efforts to attain zero hunger, improve nutrition, and promote sustainable agriculture, including implementation and oversight of the Enhanced Partnership Against Hunger and Poverty (EPAHP) Program.
The circular points out that the Philippine Development Plan 2023–2028 emphasizes a “whole-of-government approach” to food security and proper nutrition, aligning with the directive for agencies and LGUs to support EPAHP.
EPAHP aims to institutionalize efforts to mitigate hunger and promote food and nutrition security by linking Community Based Organizations (CBOs) to prospective markets and providing credit assistance to support food production, processing, and distribution.
The Task Force on Zero Hunger is directed to ensure the continuous and effective implementation of EPAHP, coordinating with relevant agencies to carry out specified measures.
Examples include: (a) strengthening institutional feeding programs of partner agencies; (b) extending credit assistance with GFIs to support food production, processing, and distribution; (c) linking participating CBOs to prospective markets; (d) enhancing farm production technologies and extension services to assisted family farms and rural organizations; (e) constructing or improving irrigation facilities in irrigable countryside areas.
It implies that the Task Force must implement the measures consistent with applicable laws (e.g., procurement, credit, agriculture, LGU powers), government rules, and regulations. Any action must not contravene legal requirements.
Credit assistance is to be extended in partnership with government financial institutions (GFIs) to support food production, processing, and distribution, as part of EPAHP’s mechanism to enhance the capability and sustainability of participants.
It signals a procurement approach intended to encourage CBO participation in the EPAHP Program. Legally, it suggests that procurement rules should allow meaningful CBO involvement, consistent with existing procurement laws and regulations.
It directs the construction, repair, and improvement of irrigation facilities and appurtenant structures in irrigable areas in the countryside to support agricultural productivity connected to EPAHP.
The circular states that all local government units are “encouraged” to extend full support and cooperation. This indicates a policy instruction rather than a strict mandatory legal compulsion, though LGUs remain expected to cooperate within their powers and resources.
They are “directed” to extend full support and cooperation to the Task Force on Zero Hunger relative to EPAHP implementation, including GOCCs and GFIs.
The circular cites Section 17, Article VII, vesting in the President the power of control over all executive departments, bureaus and offices, and the duty to ensure faithful execution of laws. This supports the President’s authority to issue directives binding on executive agencies.
It requires adoption of policies that encourage the private sector and institutionalize mechanisms in LGUs to enhance program sustainability, implying that EPAHP should be supported beyond initial government implementation.
It provides that the circular takes effect immediately upon issuance (April 19, 2024). This means agencies should begin compliance right away, subject to feasibility and existing legal constraints.
It indicates the circular was issued under presidential authority through the Executive Secretary, consistent with government issuance practices. For law students, it is relevant when discussing the proper authority and form of executive issuances.