Title
National Feeding Program for Undernourished Children
Law
Republic Act No. 11037
Decision Date
Jun 20, 2018
The "Masustansyang Pagkain para sa Batang Pilipino Act" is a Philippine law that establishes a national feeding program to provide nutritious meals to undernourished Filipino children, with a focus on school-based and supplemental feeding programs, health examinations, and nutrition education.
national feeding program
undernourished children
health examinations

Policy and purpose of national feeding

  • The State recognizes the vital role of the youth in nation-building and promotes and protects their physical, moral, spiritual, intellectual, and social well-being.
  • The State establishes a comprehensive national feeding program to address undernutrition among Filipino children, grounded on the demonstrated relationship between food and nutrition and the capacity of students to develop and learn.
  • The Act establishes the National Feeding Program to address undernutrition among Filipino children.

Key definitions and defined terms

  • A Cycle Menu refers to standardized menus prepared by national government agencies (NGAs), in coordination with the National Nutrition Council (NNC) and the Food and Nutrition Research Institute (FNRI), and contextualized according to age range, location and/or type of school, and local cultural and/or religious eating preferences.
  • A Cycle Menu must have as many varieties and selections as may be necessary, taking into account availability in the locality of the day care center or school.
  • A Fortified Meal is a meal with deliberately increased essential micronutrients to improve nutritional quality and provide the level of calories and protein as prescribed by the NNC, consisting of at least one-third (1/3) of the daily requirement based on the Philippine Dietary Reference Intake (PDRI).
  • Health Examination refers to examinations conducted by NGAs, in coordination with the Department of Health (DOH) and concerned local government units (LGUs), covering the overall condition of the beneficiary, including height, weight, and other ailments, defects, or deformities requiring special care or treatment.
  • National Government Agencies (NGAs) for this Act are the Department of Education (DepED) and the Department of Social Welfare and Development (DSWD) as lead agencies in implementation for public kindergarten and elementary schools and public day care centers, respectively.
  • An Undernourished Child is a child supplied with less than the minimum amount of foods essential for sound health and growth, including children suffering from chronic hunger and malnutrition and those considered wasted, severely wasted, or stunted under the World Health Organization Child Growth Standards.

Scope: program coverage and components

  • The National Feeding Program includes components and coverage for undernutrition among Filipino children.
  • The Act provides a Supplemental Feeding Program for Day Care Children implemented by the DSWD in coordination with LGUs for children aged three (3) to five (5) years, administered in day care centers or other facilities usable for this purpose.
  • The Act provides a School-Based Feeding Program implemented by the DepED for undernourished public school children from kindergarten to grade six (6).
  • The Act provides a Milk Feeding Program coordinated by the NGAs with the Department of Agriculture (DA), National Dairy Authority, Philippine Carabao Center, and Cooperative Development Authority to incorporate fresh milk and fresh milk-based food products in fortified meals and cycle menu.
  • The Act provides Micronutrient Supplements coordinated by the NGAs with the DOH, including iodized salt in accordance with Republic Act No. 8172.
  • The Act provides Health Examination, Vaccination and Deworming to be conducted simultaneously by NGAs, in coordination with DOH and LGUs, including deworming and vaccination as applicable.
  • The Act provides Gulayan sa Paaralan, where NGAs encourage component units to devote a portion of land or space for vegetables and nutrient-rich plants identified by the NNC.
  • The Act provides Water, Sanitation, and Hygiene (WASH) requirements to establish and maintain water and sanitation facilities and promote good hygiene and safe food preparation in component units, especially in preparation areas for fortified meals.
  • The Act provides Integrated Nutrition Education, Behavioral Transformation, and Social Mobilization, including a public health, nutrition, and values transformation campaign and orientation-training for personnel, parent volunteers, and PTAs, with mobilization of community organizations for nutrition education outside school.

Fortified meals, duration, and program mechanics

  • The Day Care Supplemental Feeding Program must include at least one (1) fortified meal for a period of not less than one hundred twenty (120) days in a year.
  • The School-Based Feeding Program must include at least one (1) fortified meal for not less than one hundred twenty (120) days in a year for all undernourished public elementary school children.
  • The DSWD must prepare fortified meals in collaboration with recognized parents’ organizations.
  • The NGAs incorporate fresh milk and fresh milk-based food products into fortified meals and cycle menu, using locally produced milk as far as practicable to enhance nutritional content and help boost livelihood opportunities for local dairy farmers and the local dairy industry.

Prioritization, nutrition information system

  • The NGAs must create a five (5)-year plan to fully implement the Program.
  • The NGAs must prioritize Program implementation in LGUs and public day care or elementary schools that meet any of the following criteria:
    • The highest prevalence of undernutrition and nutrient-deficiency among children aged three (3) years up to grade six (6) level.
    • Available facilities or capability to implement the Program.
    • Local prioritization and willingness to provide counterpart resources for implementation.
  • The NNC must harmonize existing national and local nutrition databases from NGAs, LGUs, and other relevant government agencies to identify individuals, groups, or localities with the highest magnitude of hunger and undernutrition.
  • The National Nutrition Information System must be utilized to monitor the health and nutrition of all Filipino children, especially those covered by the Program.

Local government and private participation

  • LGUs must assist the NGAs in efficient and effective implementation of the Program in accordance with Section 4.
  • LGUs are authorized to use a portion of the Special Education Fund (SEF) and/or their twenty percent (20%) development fund under Republic Act No. 7160 to augment appropriations available under the General Appropriations Act (GAA).
  • The NGAs must encourage private sector participation in the Program, including PTAs, private corporations, peoples and nongovernment organizations, and other groups that may partner in whole or in part with implementation.

Monitoring, annual reporting, and compliance

  • The NGAs, in coordination with LGUs, NNC, and other stakeholders, must regularly monitor, review, and assess the impact and effectivity of the Program.
  • The NGAs must ensure compliance with Program standards and guidelines covering food safety, quality, accountability, community participation, and the procurement and liquidation processes adopted.
  • The NGAs must prepare and submit an annual report on the status of Program implementation to the Office of the President and both Houses of Congress.

Tax incentives and procurement rules

  • Donations or bequests made to NGAs or the enumerated government agencies, including LGUs, for the Program are exempt from donor’s tax.
  • Donations in kind must be approved by the NGAs concerned upon recommendation of:
    • the NNC, in the case of food products; and
    • the DOH, in the case of vaccine and supplements.
  • Initial implementation funding must be sourced from the current appropriations of the NGAs.
  • For continuous implementation, sums necessary must be included in the annual GAA under the respective budgets of the NGAs.
  • The Department of Budget and Management, Government Procurement Policy Board, and Commission on Audit, in consultation with NGAs, must establish and promulgate a community-based mode of procurement, liquidation, and audit to ensure efficient and effective implementation.
  • The community-based procurement, liquidation, and audit rule applies solely to implementation of the Program by the NGAs and LGUs concerned.

Implementing rules and regulations; separability; repeal

  • The NGAs must promulgate their respective rules and regulations for efficient and effective implementation within ninety (90) days from effectivity.
  • The rules and regulations must be promulgated in consultation with the NNC, FNRI, DOH, DA, DILG, concerned LGUs, and other relevant government agencies, nongovernment organizations, and development partners.
  • The Act’s separability clause provides that if any provision or part is held invalid or unconstitutional, the remainder remains valid and subsisting.
  • The repealing clause provides that all laws, decrees, orders, rules and regulations, or other issuances or parts inconsistent with the Act are repealed or modified accordingly.

Cross-references to other laws

  • The milk feeding and fortified meal nutrition framework must align with Republic Act No. 8172, the “Philippine Food Fortification Act of 2000.”
  • Iodized salt for micronutrient supplementation must align with Republic Act No. 8172, the “Salt Iodization or ASIN” law.
  • LGU counterpart funding authorization is tied to Republic Act No. 7160, the Local Government Code of 1991, as amended.

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