IRR of RA 11037 National Feeding Program

Policy intent and legal framework

The IRR is interpreted in light of the Declaration of Policy in Section 2 of Republic Act No. 11037 (Section 3).
The IRR anchors implementation in Republic Act No. 11037, which institutionalizes a national feeding program to combat hunger and undernutrition among Filipino children.
NGAs under the IRR are the DepEd and the DSWD as lead agencies for implementation for public kindergarten/elementary school and public day care centers, respectively (Section 4.12).
The IRR coordinates with nutrition, fortification, and early childhood and basic education frameworks referenced in its definitions and design, including Republic Act No. 8976, Republic Act No. 10410, and Republic Act No. 10563.

Definitions governing program delivery

“Act” refers to Republic Act No. 11037 (Section 4.1).
“Central Kitchen” means an LGU-supervised facility that centralizes procurement and food preparation/cooking for a school or group of schools, with prepared food delivered to or placed by schools for distribution to feeding program beneficiaries (Section 4.2).
“Children” means persons below eighteen (18) years of age or those over eighteen (18) who are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, consistent with Section 3(a) of Republic Act No. 7610 (Section 4.3).
“Cycle Menu” means standardized menus prepared by the NGAs in coordination with the NNC and the Food and Nutrition Research Institute (FNRI), contextualized by age range, location, and/or type of school and local cultural/religious eating preferences, and rotated according to a definite pattern (Section 4.5).
“Fortified Meal” means a meal deliberately increased in essential micronutrients to improve nutritional quality and provide calories and protein prescribed by the NNC, consisting of at least one-third (1/3) of daily requirement based on Philippine Dietary Reference Intake (PDRI); it also covers meals containing at least 50% requirements for micronutrients based on PDRI, and may be fortified using nutrient-dense foods, iron-fortified rice, fortified food products, and/or addition of multiple micronutrient powder (Section 4.10).
“Undernourished Child” means a child supplied with less than the minimum amount of foods essential for sound health and growth, including chronic hunger and malnutrition and children classified as wasted, severely wasted, or stunted under WHO Child Growth Standards; the IRR further defines Chronic Hunger, Malnutrition, Stunting, Underweight, Wasting, Micronutrient deficiency, Over-nutrition, Overweight, and Obese (Section 4.15 and Section 4.15.1–4.15.2.5.2).
“Water, Sanitation and Hygiene (WASH)” means activities improving access to and use of safe drinking water and sanitation and promoting good hygiene practices, including tooth brushing, proper hand washing with soap at critical times, proper footwear, and use of toilet facilities; it may include water potability and microbiological testing, vermin/vector control, and solid waste management (Section 4.16).
“Public Day Care Centers (PDCCs)” refers to facilities for children aged three (3) to four (4) years old enhancing development domains, managed by the DSWD, Early Childhood Care and Development Council (ECCDC), or any government agency including LGUs; it also covers day care centers converted to child development centers under Section 11 of Republic Act No. 10410 (Section 4.14).

Coverage: program facilities and beneficiaries

The IRR applies to public day care centers, kindergarten, and elementary schools (Section 2).
The IRR applies to home-based supplemental feeding programs that are managed by DSWD in coordination with LGUs for children ages three (3) to five (5) years old and those implemented by DepEd under the School-Based Feeding Program (SBFP) in public elementary schools, consistent with the Act (Section 2).
All feeding activities must satisfy the definition of an “undernourished” child under Section 3(e) of the Act and/or the IRR’s definition of children under Section 4.3 (Section 2).
Under the DSWD supplemental feeding component, the IRR covers children aged three (3) to five (5) years in Child Development Centers (CDCs) or community-based facilities and home-based programs such as supervised neighbourhood play groups (SNPs) (Section 5.1.1).
Under the DepEd school-based component, the IRR covers under-nourished public school children from Kindergarten to Grade Six (Section 5.2).

National Feeding Program components and rules

The National Feeding Program is established to address undernutrition among Filipino children and has four program/assistance components and specified sub-components under Rule II (Section 5 and Sections 5.1–5.8).
Supplemental Feeding Program for Day Care Children (DSWD-led):
- DSWD implements a supplemental feeding program for undernourished children ages three (3) to five (5) years in DCCs or other usable facilities in coordination with LGUs (Section 5.1).
- The program includes at least one fortified meal for a period of not less than 120 days in a year; DSWD consults recognized parent organizations when preparing fortified meals (Section 5.1).
- The fortified meals are served during snacks or meal time in CDCs/community-based facilities for 120 days, delivered minimum of five (5) days to maximum of seven (7) days in a week (Section 5.1.3).
- The program is managed by parents or caregivers supervised by Child Development Workers (CDWs) or teachers using the prepared cycle menu and locally available/indigenous food supplies (Section 5.1.3).
- Participation includes baseline measurement at program start and endline measurement at program end of weight and height; children with moderate acute malnutrition (wasting) and severe acute malnutrition (severe wasting), with or without medical condition, are referred for appropriate health and nutritional intervention (Section 5.1.4).
- CDWs/ECCD service providers submit quarterly reports to the Local Social Welfare and Development Office (LSWDO) for onward submission to DSWD, and progress reports must be submitted to Local Nutrition Councils for administrative monitoring and results-based data use; DSWD issues standardized monitoring and reporting tools (Section 5.1.4).
- DSWD must create a Program Management Unit in national and regional offices, with staffing complement subject to approval of the DBM (Section 5.1).
School-Based Feeding Program (DepEd-led):
- DepEd implements the SBFP for undernourished public school children from Kindergarten to Grade Six, including at least one fortified meal to all undernourished public elementary school children for not less than 120 days in a year (Section 5.2).
- The SBFP has a general objective to improve both nutritional status and education outcomes, including classroom attendance, net enrollment rate, gross enrollment rate, cohort survival rate, learner cognition, and classroom participation (Section 5.2.1).
- Fortified meals must be provided every school day using the cycle menu and locally available/indigenous vegetables from school gardens (Section 5.2.2).
- DepEd, in coordination with LGUs and stakeholders, implements a Central Kitchen Model as a modality to support efficient transport arrangements and maintain food safety/food science compliance; DepEd provides alternate modalities if central kitchen is not feasible in localities (Section 5.2.3).
- Central kitchens use, as far as practicable, fuel-efficient stoves, have dedicated woodlots, and use recyclable and biodegradable packing materials (Section 5.2.3).
- DepEd may create Program Management Units in national, regional, and division offices using existing personnel, subject to DBM approval, to ensure quality implementation and reduce teacher burden (Section 5.2.4).
Milk Feeding Program coordination (fresh milk integration):
- NGAs coordinate with the Department of Agriculture (DA), National Dairy Authority (NDA), Philippine Carabao Center (PCC), and Cooperative Development Authority (CDA) for incorporation of fresh milk and fresh milk-based products in fortified meals and the cycle menu consistent with the fortification framework (Section 5.3).
- The IRR directs that DOH, through the Food and Drug Administration (FDA) and the NNC, promulgates regulations for inclusion of fresh milk and fresh milk-based products as fortified foods based on most recent nutrition survey and acceptable scientific research and standards (Section 5.3).
- The NDA and PCC assume lead roles in assisting NGAs for nationwide coordination and implementation of milk feeding programs and feeding programs using milk as part of the menu (Section 5.3).
- NGAs, assisted by NDA and PCC, must ensure procurement/distribution plans and procedures, funding and implementation systems, livelihood opportunities for local dairy industry and farmers, and private sector participation mechanisms are formulated and developed (Section 5.3).
- Before adopting procurement procedures, NGAs consult the Government Policy Procurement Board (GPPB) to ensure compliance with procurement laws and rules (Section 5.3).
- As far as practicable, milk products procured for feeding programs must be sourced from local dairy producers and cooperatives, determined in coordination with NDA and PCC for conformity to standards and qualifications (Section 5.3).
- NGAs may partner with the private sector and public/private entities to accept donations of fresh milk and fresh milk-based products, subject to existing laws, rules, and regulations (Section 5.3).
- Fresh milk and/or fresh milk-based product served under the program must be not less than 100ml per serving, together with fortified meals; fresh milk may also be used as an ingredient in fortified meal recipes (Section 5.3).
- MOAs may be entered into, generally among DepEd, DSWD, DA, and NDA and/or PCC, or between an interested NGA/LGU and NDA/PCC, subject to procurement/auditing/accounting laws (Section 5.3).
- Private sector participation is encouraged, but fresh milk supply must include a local fresh milk component, as determined by NDA (Section 5.3 and cross-reference to Section 8, Rule V).
- NGAs, in consultation with DOH, NDA, PCC, and DILG, must formulate health protocols for adverse food reactions such as food allergies and lactose intolerance (Section 5.3).
Micronutrient supplements:
- NGAs, in coordination with DOH, provide micronutrient supplements to Program beneficiaries, including use of iodized salt in accordance with Republic Act No. 8172 (Section 5.4).
- DOH, through LGUs, provides appropriate supplements to eligible beneficiaries based on existing guidelines (Section 5.4).
- NGAs coordinate with local health offices for schedule and frequency of administration (Section 5.4).
- Beneficiaries no longer eligible for DOH universal micronutrient supplementation may receive additional micronutrients through multiple micronutrient powder (MNP) incorporated in fortified meals (Section 5.4).
- DOH, through regional offices, designates an office to oversee sufficient provision of micronutrient supplements through coordination with:
  - School Division Offices; and
  - DSWD field office focal persons for their Supplementary Feeding Program (Section 5.4.1–5.4.2).
- NGAs annually provide DOH the number of Program beneficiaries (Section 5.4).
Health examinations, vaccination, and deworming:
- NGAs, in coordination with DOH and LGUs, conduct health examinations, deworming, and vaccination for Program beneficiaries (Section 5.5).
- DepEd conducts health and nutrition assessments of all school children through appropriate facilitation of school personnel without disrupting classroom activities, enabling identification of undernourished learners (including Wasted, Severely Wasted, Stunted, Severely Stunted, and Micronutrient Deficient Learners) for enrollment in SBFP (Section 5.5).
- DepEd conducts learner health examinations even before classes start, preferably during recognized in-school community activities such as Brigada Eskwela, early registration, and enrollment period (Section 5.5).
- DepEd provides each learner an Individual School Health Card used to record all health assessments and interventions until the child graduates, and it may be transferred with other school documents upon transfer (Section 5.5).
- DOH, through LGUs, provides medical examinations and health services to eligible beneficiaries following existing DOH guidelines (Section 5.5).
- DSWD CDWs coordinate with local health offices on schedule/frequency of examinations and provision of health services (Section 5.5).
- CDWs, with barangay midwife assistance and help of barangay health workers and barangay nutrition scholars, monitor vaccination/deworming/health examination status; CDWs report to the LSWDO for onward submission to DSWD and DepEd (Section 5.5).
Gulayan sa Paaralan:
- NGAs encourage component units to devote portions of land/space for cultivating vegetables and nutrient-rich plants identified by the NNC, in coordination with DA’s Bureau of Plant Industry; land-lacking units adopt modern gardening technologies with DA and city/municipal agriculture officers (Section 5.6).
- DepEd and DA maintain strong partnerships with LGUs and stakeholders including recognized parent organizations and people’s organizations for monitoring food preparation and maintaining school garden land (Section 5.6).
- DA may provide technical assistance to parents and teachers with sufficient agricultural knowledge for alternative gardening strategies and cultivation (Section 5.6).
WASH implementation under the Program:
- NGAs, coordinated with DOH and LGUs, establish and maintain water and sanitation facilities and promote good hygiene and safe food preparation in component units, especially in meal preparation areas (Section 5.7).
- LGUs including CDWs and DepEd teachers conduct a WASH campaign focusing on proper toilet use/maintenance, the danger of open defecation, and thorough washing of hands with soap and water after defecation and before eating (Section 5.7.1).
- LGUs assist NGAs, with DOH technical support, in establishing water and sanitation facilities; LGUs conduct regular water supply testing in schools and DCCs to ensure safe drinking water and safe use for food preparation (Section 5.7.2).
- To ensure food safety, LGUs provide training to food handlers involved in the feeding program and finance issuance of the corresponding health permit after training and health examination as stipulated in Section 7 of the law; LGUs conduct regular inspections of food preparation areas and investigate reported cases of food and waterborne diseases (Section 5.7.3).
- LGUs use various methods to simplify regulatory processes such as permits and licenses consistent with business permit and licensing system and other relevant laws, rules, regulations, policies, and issuances (Section 5.7.4).
Integrated nutrition education and social mobilization:
- The Program is complemented by public health, nutrition, and values transformation campaigns promoting holistic integrated health and nutrition education (Section 5.8).
- Orientation and training on objectives and mechanics are held among NGA/LGU personnel, parent volunteers, and parent-teacher associations (PTAs) and learners’ organizations to generate community support (Section 5.8).
- NGAs mobilize community organizations such as the Sangguninang Kabataan to continue nutrition education outside school (Section 5.8).
- NGAs, in consultation with the NNC, formulate or enhance education/training modules that include topics on health and nutrition education through:
  - a School-Based Training Module; and
  - a Community-Based Training Module for public DCCs/CDC or other community/home-based facilities (Section 5.8.1–5.8.2).
- DSWD uses the Family Development Session for Pantawid Pamilya beneficiaries to implement integrated nutrition education, behavioral transformation, and social mobilization for families with children zero (0) to eight (8) years (Section 5.8).

Planning, prioritization, and implementation units

NGAs create a five (5)-year plan to fully implement the Program (Section 6).
NGAs prioritize implementation in LGUs and public CDCs or elementary schools meeting any of the following criteria:
- Highest prevalence and/or magnitude of undernutrition and nutrient deficiency among children aged three (3) years up to grade six (6) level (Section 6.1);
- Available facilities or capability to implement the Program (Section 6.2);
- Local priority willingness coupled with provision of counterpart resources for implementation (Section 6.2).

Nutrition information system and monitoring governance

The NNC harmonizes national and local nutrition databases from NGAs, LGUs, and other relevant government agencies and hosts the National Nutrition Information System (NNIS), with data collection and submission at all levels for agencies identified as lead per intervention consistent with the prescribed results framework (Section 7).
NNIS informs decisions identifying nutritionally depressed provinces, cities, and municipalities, groups, individuals, localities with highest magnitude of hunger and undernutrition, and individuals who are stunted using administrative reporting systems such as “Operation Timbang Plus” (Section 7).
NNIS includes an inventory of nutrition interventions complementary to the feeding program to address other causes of undernutrition among children and their families (Section 7).
Agencies tasked under the law maintain databases linked to NNIS through a data sharing mechanism consistent with provisions of the Data Privacy Act, to ensure efficient, regular, and timely collection, storage, and utilization for smooth planning and related interventions for children enrolled in both day care centers and schools (Section 7).
Databases are updated twice annually, on or before the start and then end of each school year, in all day care centers and schools implementing the program for baseline and endline monitoring, then submitted to regional and national levels annually (Section 7).
NNIS must present information disaggregated by locality, institution, age, and sex, including:
- number of Program beneficiaries under the Supplementary Feeding Program and School-based Feeding Program; and
- annual nutritional status of Program beneficiaries (Section 7.1–7.2).
Program impact is assessed through evaluation every five (5) years or as agreed by key agencies mentioned in the law (Section 7).
NGAs monitor, review, and assess Program impact and effectiveness and ensure compliance with food safety, quality, accountability, community participation, and procurement and liquidation processes (Section 10).
NGAs prepare and submit an annual report on Program implementation status to the Office of the President and both Houses of Congress, with copies furnished to the NNC and DILG (Section 10).

LGU assistance and financing mechanisms

LGUs assist NGAs in efficient and effective Program implementation in accordance with the Act (Section 8).
LGUs are authorized to use a portion of the Special Education Fund (SEF) and/or twenty percent (20%) development fund under Republic Act No. 7160 (Local Government Code of 1991, as amended) to augment appropriations in the General Appropriations Act (GAA) (Section 8).
Through the Local Nutrition Committee (LNC), LGUs oversee Program implementation and must:
- oversee implementation (including a buy-back strategy supporting local food production and market linkage for organized smallholder farmers linked to DepEd and DSWD for procurement of required food commodities);
- integrate school feeding budgets into Comprehensive Development Plans and ensure school feeding is part of the LGU Food Security;
- facilitate training of farmers and LNC staff for preparatory activities;
- integrate school feeding in the SIP and deliberate by the Local School Board for funding support;
- develop local monitoring and evaluation mechanisms in conjunction with NNIS; and
- conduct local resource mobilization with private sector support as part of corporate social responsibility (Section 8).

Private sector participation rules

NGAs encourage private sector participation in the Program, including PTAs, private corporations, people’s organizations, non-government organizations, and other groups that may partner wholly or partially in Program implementation (Section 9).
DSWD and DepEd develop a Joint Memorandum of Agreement with concerned private sectors including provisions on criteria/qualifications, minimum requirements, roles and responsibilities, and related matters (Section 9).
Private sector partnerships must not contradict:
- prohibitions under Executive Order 51 (National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements, and Other Related Products), and
- Article 5.3 of the Framework Convention on Tobacco Control (FCTC),
  among others; and must not encourage partnerships with organizations or corporations whose primary purpose is illegal or contrary to morals and public policy under existing laws (Section 9).

Tax exemption for donations

Donations or requests made to NGAs, including to government agencies and LGUs for the Program, are exempt from donor’s tax (Section 11).
Donations in kind require approval by the NGAs concerned upon recommendation of the NNC for food products and the DOH for vaccines and supplements, as applicable (Section 11).
NGAs submit feeding program projects for inclusion in the National Priority Programs (NPP) list of the National Economic Development Authority (NEDA) to qualify private sector donations for full tax deduction from gross taxable income (Section 11).
DOH and NNC approve large-scale donations of vaccines and supplements and foods, respectively, for wide distribution nationwide (Section 11).
For small donations of vaccines/supplements and foods, approvals are made by the Municipal Health Officer (MHO) and Municipal Nutrition Action Officer (MNAC) on behalf of DOH, FDA, and NNC, respectively (Section 11).

Procurement and audit arrangements

DBM, GPPB, and COA are mandated, in consultation with NGAs, to establish and promulgate a community-based mode of procurement, liquidation and audit within 90 days after IRR effectivity to ensure efficient and effective Program implementation by NGAs and LGUs (Section 12).
GPPB, in consultation with NGAs, reviews existing procurement guidelines and manuals and amends them if necessary, including possible amendment of manuals such as the Partnership Against Hunger and Poverty (PAHP) Community Participation Procurement Manual (Section 12).
The community-based procurement mode referenced is covered by Section 53.12 of the Revised IRR of Republic Act No. 9184 (Government Procurement Reform Act) and its associated guidelines and issuances (Section 12).

Institutional guidelines and final legal effects

NGAs stipulated in the IRR must formulate institutional guidelines to ensure effective and efficient implementation, while other government agencies involved must issue relevant policies to support implementation (Section 13).
Appropriations for initial implementation come from current appropriations of NGAs; succeeding amounts necessary for continuous implementation are included in the annual GAA under respective NGA budgets (Section 14).
NGAs may issue additional policies and guidelines necessary to further implement the IRR (Section 15).
Amendments to the IRR are jointly promulgated by the NGAs (Section 16).
If any provision is found unconstitutional or invalid by a court of law, the provision is severed and the remaining provisions remain enforceable (Section 17).
All laws, presidential decrees, executive orders, and rules and regulations or parts thereof contrary to or inconsistent with the IRR are repealed or modified accordingly (Section 18).