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Section 62. System Framework and Components. - The ECCD System Shall Ensure That The

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Section 62. System Framework and Components. - The ECCD System Shall Ensure That The

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Ann Manalocon
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ARTICLE 13

EARLY YEARS ACT (EYA) OF 2013


Section 62. System Framework and Components. – The ECCD System shall ensure that the
National ECCD Program is implemented in accordance with quality standards for accreditation
and for this purpose there shall be established a National ECCD Monitoring and Evaluation
Framework. The ECCD System shall include the following components:
a. ECCD Curriculum. –
The curriculum shall focus on children’s total development and take into account age,
individual and socio-cultural appropriateness. It shall promote the delivery of
complementary and integrative services for health, nutrition, early childhood education,
sanitation and cultural activities. It shall use the child’s first language as the medium of
instruction;
b. Parent Education and Involvement, Advocacy and Mobilization of Communities. –
This component shall harness and develop parents’ strengths as providers of ECCD
programs at home, as active partners of other stakeholders, as advocates for community
concerns that affect children, and as pillars of support for local and national ECCD
programs through community organization efforts;
c. Human Resource Development Program. –
The program shall establish mechanisms for the systematic professionalization of ECCD
service providers through enrolment in educational program in site-based or distance
education modes, through pre-service or in-service training including continuing
education programs, whereby a registration and credential system shall be developed in
the ECCD System; and
d. ECCD Management. –
This component shall consist of a continuing process of planning, implementation,
supervision, financial management, monitoring, evaluation and reporting to persons
concerned and shall encourage the active involvement of and build the capabilities of
service providers, parents and local government officials to sustain the program
Section 63. Expanding the ECCD System. – The National ECCD System shall henceforth apply
to all provinces, cities, municipalities and barangays as may be determined by the ECCD Council
to achieve universal ECCD coverage for all children from age zero (0) to four (4) years.
Section 64. Implementing Arrangements and Operational Structures. –
The implementation of the National ECCD System shall be the responsibility of the ECCD
Council.
a. Responsibilities of the ECCD Council. –
The ECCD Council shall he responsible for establishing national standards, developing
policies and programs, ensuring compliance thereof providing technical assistance and
support to the ECCD service providers in consultation with coordinating committees at
the provincial, city, municipal and barangay levels.
b. Responsibilities of Local Government Units. – Local government units (LGUs) shall
include allocations from their Special Education Fund (SEF) and Gender and
Development (GAD) Fund in addition to other local funds to be utilized.
c. Responsibilities of Families and Communities. Families and communities shall support
the local ECCD programs by participating in various community-based projects such as,
but not limited to, health, nutrition, social development and early childhood education
projects for the overall development of their children from age zero (0) to four (4) years.
Section 65. Strengthening the ECCD Council. – The ECCD Council shall be strengthened
to ensure the State’s focus on building a strong foundation for the development and learning
of children during the early years from age zero (0) to four (4) years, to support the full range
of health, nutrition, early education and social development programs for the child’s holistic
development and ensure sustained interagency and multisectoral collaboration. The Council
shall he attached to the DepED.
Section 66. Financing ECCD Programs. – ECCD programs shall be financed through a
combination of public and private funds. All public ECCD program providers shall prioritize
children from age zero (0) to four (4) years horn families who are in greatest need and who can
least afford private ECCD programs.
a. Financial and Technical Support. –
The DepED, the DSWD and the DOH shall support the implementation of the National
ECCD System by providing financial and technical support packages to ECCD programs.
b. Other Forms of Support for ECCD Programs. –
LGUs shall be encouraged to support public ECCD programs in their respective
localities. Additional funds may be generated from intergovernmental donors and
government financial institutions to support the public programs including the urban
poor.
There shall be established a fund for an ECCD Program Contracting Scheme with
accredited private providers at the community levels.
c. Fees and Contributions. –
Fees and contributions collected for both public and private ECCD programs shall be
monitored by the ECCD Council to ensure that these are affordable and within reasonable
limits. Families are encouraged to contribute their time and services to support the ECCD
programs.

ARTICLE 14
CHILDREN’S EMERGENCY RELIEF AND PROTECTION
Section 67. Comprehensive Emergency Program for Children. – The Department of Social
Welfare and Development (DSWD) shall formulate a Comprehensive Emergency Program for
Children, hereinafter referred to as the Program, taking into consideration humanitarian
standards for their protection. The Program shall be used as the basis for handling disasters and
other emergency situations to protect children, pregnant and lactating mothers, and support their
immediate recovery. This shall be implemented immediately after the declaration of a national or
local state of calamity or occurrence of any other emergency situation.
The DSWD shall engage all relevant government agencies and stakeholders for the
implementation of the Program. Local government units (LGUs) shall integrate the same in their
development and Local Disaster Risk Reduction and Management (LDRRM) plans and budget.
The Program shall be gender-sensitive and have the following components:
Establishment of Evacuation Centers. – LGUs shall establish and identify safe locations as
evacuation centers for children and families subject to the limitations found in Section 5 of this
Act.
a. Establishment of Transitional Shelters for Orphaned, Separated, and Unaccompanied
Children. – The National Housing Authority (NHA) shall, in coordination with the
DSWD, the Department of Environment and Natural Resources (DENR), Department of
Public Works and Highways (DPWH), Department of the Interior and Local Government
(DILG), and LGUs of the areas declared under a state of calamity, immediately establish
an option for transitional shelters, prioritizing vulnerable and marginalized groups
including orphaned, separated, and unaccompanied children, and pregnant and lactating
mothers. New transitional shelters, established pursuant to this Act, shall be designed
with the following considerations: gender-specific emergency latrines, bathing cubicles,
and hand washing facilities specifically designed for children. It shall provide mother and
child-friendly spaces where children can take part in child activities. It shall also have
provisions for maternal and newborn and infant care and rooms to protect, feed, provide
personal care, and ensure the right to privacy. Existing transitional shelters shall be
modified to the extent possible to comply with the abovementioned considerations.
b. Assurance for Immediate Delivery of Basic Necessities and Services. – The Program
shall facilitate and ensure the immediate delivery of basic necessities and services
specifically required by the affected children in different stages of development such as
access to basic health services, food, water, nutrition, medicines, clothing, sanitary and
hygiene kits, and other emergency needs such as blankets, mosquito nets, cooking ware
and fiiel, and flashlights. The Program shall give priority to the specific health and
nutrition needs of pregnant women, lactating mothers, newborn babies, children under
five (5) years old and children with special needs.
c. Stronger Measures to Ensure the Safety and Security of Affected Children. – Under the
Program, the Philippine National Police (PNP) shall, in coordination with the Armed
Forces of the Philippines (AFP) and the DSWD, DILG, LGUs, Department of Education
(DepED), Commission on Higher Education (CHED) and CSOs in the community,
monitor and ensure the safety and the security of the affected children in the areas
declared under a state of calamity and shall protect them against all forms of abuse and
exploitation.
Upon the declaration of a national and local state of calamity, the PNP and the DSWD,
with the assistance of the AFP operating units in the area and local councils against
trafficking and violence against women and their children, in accordance with existing
laws, shall immediately heighten comprehensive measures and monitoring to prevent
child trafficking, labor, and prostitution, including domestic and sexual violence, in the
areas declared under a state of calamity.
The DSWD shall require all government agencies, LGUs, and CSOs which are tasked to
provide any assistance or services to the affected children to adopt a child protection
policy. The child protection policy shall include measures to deter and effectively
respond to cases of violence, abuse, and exploitation of children. All LGUs shall
prioritize the establishment and functionality of the barangay violence against women
and children (VAWC) desks. The VAWC desk shall serve as one of the key reporting and
referral mechanism for cases of violence, abuse, and exploitation of children in the
barangay diming all phases of emergency response and recovery.
Children shall be given priority during evacuation as a result of a disaster or other
emergency situation. Existing CSOs in the community shall be tapped to look after the
safety and well-being of children during evacuation operations. Measures shall be taken
to ensure that children evacuated are accompanied by persons responsible for their safety
and well-being.
d. Delivery of Health, Medical, and Nutrition Services. – Under the Program, the DOH, in
coordination with the DSWD, LGUs, and CSOs in the community, shall provide the
health, medical, and nutritional needs of children in the areas declared under a state of
calamity, including psychosocial interventions for children in different stages of
development.
e. Plan of Action for Prompt Resumption of Educational Services for Children. – The
DepED, in coordination with the DSWD, DILG, and the concerned LGUs shall ensure
the prompt resumption of educational services for all children, including early childhood
care and development for children aged below five (5).
f. Establishment of Child-friendly Spaces. – The concerned LGU shall set up child-friendly
spaces in every city or municipality declared under a state of calamity, as needed, based
on the guidelines to be promulgated by the DSWD. In addition, LGUs shall coordinate
with lead agencies and CSOs to effectively respond to the needs of the children in the
area. Child-friendly spaces shall be made available throughout a crisis, from emergencies
to recovery.
In case the concerned LGU cannot immediately respond due to the huge impact of
disaster, the DSWD, together with the concerned national government agencies and in
coordination with the CSOs and other stakeholders, as well as nearby LGUs, shall
provide the necessary child care services and social protection of affected children.
g. Promotion of Children’s Rights. – The Program shall include activities and processes that
will promote and uphold the rights of children by:
1. Providing child-centered training for all responders;
2. Ensuring that children are provided with adequate access to age-appropriate
information on their roles and responsibilities and those of government agencies
before, during, and after disasters and other emergency situations;
3. Providing an effective mechanism for training and meaningful participation of
children in community disaster risk reduction program; and
4. Consulting with the affected children on their needs and priorities for post-
disaster relief and recovery.
Section 68. Evacuation Centers. – Only in cases where there is no other available place or
structure which can be used as a general evacuation center may a school or child development
center be used as an evacuation center.
When a school or child development center is used as an evacuation center, gymnasiums,
learning and activity centers, auditoriums and other open spaces shall be utilized first.
Classrooms shall only be used as a last resort. The use of the school premises shall be as brief as
possible. If the use is predicted to exceed fifteen (15) days, the affected LGU shall provide
written documentation to the DepED and the DILG on the following:
a. The name and location of the school;
b. All alternative sites and proposal for final site selection;
c. Measures being implemented to prevent interference or disruption to the school and
educational activities of children; and
d. Other particulars to be provided in the implementing rules and regulations of this Act.
The DepED, in coordination with the DPWH, shall continuously monitor and assess the
condition of temporary learning spaces or other transitional and semi-permanent structures used
as classrooms after a disaster, and if the use exceeds six (6) months after the declaration of a
state of calamity, the regional DepED office shall conduct regular site inspections and shall
certify to the Secretary of Education that such spaces are in good physical condition and
sufficient to ensure the safety of the children and their environment.
Section 69. Orphaned, Unaccompanied, or Separated Children. – The DSWD, upon
consultation with relevant agencies, shall develop a minimum set of standards and guidelines for
the Family Tracing Reunification System of orphaned, unaccompanied and separated children.
Orphaned children, and unaccompanied or separated children whose families or relatives cannot
he found or assessed to be incapable of providing proper care and protection shall be placed in a
licensed or accredited residential care facility or with a foster family in accordance with Article
140 of the Child and Youth Welfare Code, or a community-based center. A registered social
worker shall provide the needed case management and intervention.
Section 70. System of Restoring Civil Registry Documents. – To ensure that vital information
pertaining to the personal circumstances of a child are adequately protected and available at all
times, the Philippine Statistics Authority (PSA) shall develop a system for the restoration and
reconstruction of civil registry documents that have been destroyed or declared lost or missing
during a disaster or calamity.
The PSA shall submit a report on the number of restored or reconstructed documents to
appropriate government agencies for effective monitoring and reporting and to ensure the
continued access of the affected children to social services and facilitate the’ reunification of
separated children with their families.
The PSA shall likewise develop a system for the registration of children born during a national or
local state of calamity.
Section 71. Training of Emergency Responders on Child Protection. – The National Disaster
Risk Reduction and Management Council (NDRRMC) shall promote and conduct a child-
responsive training program for all responders in the calamity area such as community and
barangay leaders, community members, school personnel and other rescuers. The training
program shall include the following:
a. Proper procedures and measures to assess the situation, safeguard and protect the affected
children during and after emergencies and disasters; and
b. Appropriate training on psychosocial interventions for children in different stages of
development who are victims of calamities.
Each member agency shall include or mainstream child protection in their emergency response
training to service providers.
Section 72. Data Gathering, Monitoring, and Reporting. – The agencies mandated by this Act
shall monitor and report on the implementation of services under the Program to be submitted
jointly to Congress annually. The report shall include a specific section on pregnant women and
children under five (5) years of age as a strategy to address the post-disaster nutrition needs of
children under age five (5) and pregnant women. In the aftermath of a national or local state of
calamity, the collection and reporting of data for the Disaster Risk Reduction and Management
Information System at all levels, as provided for in Republic Act No. 10121, shall be
disaggregated by age, gender, ethnicity, and special needs. Such collected data shall be utilized
to understand and respond better to the needs of children affected by disasters and calamities.
Within five (5) days from the declaration of a national state of calamity or as soon as practicable,
the DSWD and the DILG shall jointly submit written documentation and report on their
surveillance and monitoring under Section 4(d) to the appropriate committees of the Senate and
the House of Representatives.

ARTICLE 15
NATIONAL MENTAL HEALTH POLICY

Section 73. Rights of Service Users. - Service users shall enjoy , on an equal and
nondiscriminatory basis, all rights guaranteed by the Constitution as well as those recognizes
under the United Nations Universal Declaration of Human Rights and the Convention on the
Rights of Persons with Disabilities and all other relevant international and regional human rights
conventions and declarations, including the right to:

(a) Freedom from social economic, and political discrimination and stigmatization, whether
committed by public or private actors;

(b) Exercise all their inherit civil, political, economic, social, religious, educational, and cultural
rights respecting individual qualities, abilities, and diversity of background , without
discrimination on the basis of physical disability, age, gender, sexual orientation, race, color,
language, religion or nationality, ethnic, or social origin;

(c) Access to evidence-based treatment of the same standard and quality, regardless of age, sex,
socioeconomic status, race, ethnicity or sexual orientation;

(d) Access to affordable essential health and social services for the purpose of achieving the
highest attainable standard of mental health;

(e) Access to metal health service at all levels of the national health care system;

(f) Access to comprehensive and coordinated treatment integrating holistic prevention,


promotion, rehabilitation, care and support, aimed at addressing mental health care needs
through a multidisciplinary, user-driven treatment and recovery plan;

(g) Access to psychosocial care and clinical treatment in the least restrictive environment and
manner;
(h) Humane treatment free from solitary confinement, torture, and other forms of cruel
inhumane, harmful or degrading treatment and invasive procedures not backed by scientific
evidence;

(i) Access to aftercare and rehabilitation when possible in the community for the purpose of
social reintegration and inclusion;

(j) Access to adequate information regarding available multidisciplinary mental health services;

(k) Participate in metal health advocacy, policy planning, legislation, service provision,
monitoring, research and evaluation;

(l) Confidentiality of all information, communications, and records, in whatever form or medium
stored, regarding the service user, any aspect of the service user's mental health, or any treatment
or care received by the service user, which information, communications, and records shall not
be disclosed to third parties without the written consent of the service user concerned or the
service user's legal representative, except in the following circumstances:

(1) Disclose is required by law or pursuant to an order issued by a court of competent


jurisdiction;

(2) The service user has expressed consent to the disclosure;

(3) A life-threatening emergency exists and such disclosure is necessary to prevent harm or
injury to the service user or other persons;

(4) The service user is a minor and the attending mental health professional reasonably believes
that the service user is a victim of child abuse; or

(5) Disclosure is required in condition with an administrative, civil, or criminal case against a
mental health professional ethics, to the extent necessary to completely adjudicate, settle, or
resolve any issue or controversy involved therein;

(m) Give informed consent before receiving treatment or care, including the right to withdraw
such consent. Such consent shall be recorded in the service user's clinical record;

(n) Participate in the development and formulation of the psychosocial care or clinical treatment
plan to be implemented;

(o) Designate or appoint a person of legal age to act as his or her legal representative in
accordance with this Act, except in cases of impairment or temporary loss of decision-making
capacity;

(p) Send or received uncensored private communication which may include communication by
letter, telephone or electronic means, and receive visitors at reasonable times, including the
service user's legal representative and representatives from the commission on Human Rights
(CHR);
(q) Legal services, through competent counsel of the service user's choice. In case the service
user cannot afford the service user cannot afford the service s of a counsel, the Public Attorney's
Office, or a lega; aid institution of the service user or representative's choice, shall assist the
service user;

(r) Access to their clinical records unless, in the opinion of the attending mental health
professional, revealing such information would cause harm to the service user's health or put the
safety of others at risk. When any such clinical records are withheld, the service user or his or her
legal representative may contest such decision with the internal review board created pursuant to
this Act authorized to investigate and resolve disputes, or with the CHR;

(s) Information, within the twenty-four (24) hours of admission to a mental health facility, of the
rights enumerated in this section in a form and language understood by the service user; and

(t) By oneself or through a legal representative, to file with the appropriate agency, complaints of
improperties, abuses in mental health care, violations of rights of persona with mental health
needs, and seek to initiate appropriate investigation and action against those who authorized
illegal or unlawful involuntary treatment or confinement, and other violations.

Section 74. Rights of Family Memebrs, Carers and Legal Representatives.- Family members,
carers and duly designated or appointed legal representative of the service user shall have the
right to:

(a) Receive appropriate psychosocial support from the relevant government agencies.;

(b) With the consent of the concerned service user, participate in the formulation, development
and implementation of the service user's individual treatment plan;

(c) Apply for release and transfer of the service user to an appropriate mental health facility;

(d) Participate in metal health advocacy, policy planning, legislation, service provision,
monitoring, research and evaluation.

Section 75. Rights of Mental Health Professionals. Mental health professional shall have the
right to:

(a) A safe and supportive work environment;

(b) Participate in a continuous professional development program;

(c) Participate in the planning, development, and management of mental health services;

(d) Contribute to the development and regular review of standards for evaluating mental health
services provided to service users;

(e) Participate in the development of mental and health policy and service delivery guidelines;

(f) Except in emergency situations, manage and control all aspects of his or her practice,
including whether or not to accept or decline a service user for treatment; and
(g) Advocate for the rights of a service user, in cases where the service user's wishes are at odds
with those of his or her family or legal representatives.

Section 76. Informed Consent to Treatment. - Service users must provide informed consent in
writing prior to the implementation by mental health professionals, workers, and other service
providers of any plan or program of therapy or treatment, including physical or chemical
restraint. All persons, including physical or chemical restraint. All persons, including service
users, person with disabilities, and minors, shall be presumed to possess legal capacity for the
purpose of this Act or any other applicable law, irrespective of the nature or effects of their
mental health conditions or disability. Children shall have the right to express their views on all
matters affecting themselves and have such views given due consideration in accordance with
their age and maturity.

Section 77. Exceptions to Informed Consent. - During psychiatric or neurologic emergencies, or


when there is impairment or temporary loss of decision-making capacity in whether physical or
chemical, may be administered or implemented pursuant to the following safeguards and
conditions:

(a) In compliance with the service user's advance directives, if available, unless doing so would
pose an immediate risk of serious harm to the patient or another person;

(b) Only to the extent that such treatment or restraint is necessary, and only while a psychiatric or
neurologic emergency, or impairment or temporary loss of capacity, exists or persists;

(c) Upon the order of the service user's attending mental health professional, which order must be
reviewed by the internal review board of the mental health facility where the patient is being
treated within fifteen (15) days from the date such order was issued, and every fifteen (15) days
thereafter while the treatment or restraint continues; and

(d) That such involuntary treatment or restraint shall be in strict accordance with guidelines
approved by the appropriate authorities, which must contain clear criteria regulating the
application and termination of such medical intervention , and fully documented and subject to
regular external independent monitoring , review, and audit by the internal review boards
established by this Act.

Section 78. Quality of Mental Health Services. - Mental health services provided pursuant to
this Act shall be:

(a) Based on medical and scientific research findings;

(b) Responsive to the clinical, gender, cultural and ethnic and other special needs of the
individuals being served;

(c) Most appropriate and least restrictive setting:

(d) Age appropriate; and


(e) Provided by mental health professionals and workers in a manner that ensures accountability.

Section 79. Community-based Mental Heath Care Facilities. - The national government


through the DOH shall fund the establishment and assist in the operation of community-based
mental health care facilities in the provinces, cities and cluster of municipalities in the entire
country based on the needs of the population, to provide appropriate mental health care services,
and enhance the rights-based approach to mental health care.

Section 80. Psychiatric, Psychosocial, and Neurologic Services in Regional, Provincial, and


Tertiary Hospitals. - All regional, provincial, and tertiary hospitals, including private hospitals
rendering service to paying patients, shall provide the following psychiatric, psychosocial, and
neurologic services;

(a) Short-term, in-patient, hospital care in a small psychiatric or neurologic ward for service
users exhibiting acute psychiatric or neurologic symptoms;

(b) Partial hospital care for those exhibiting psychiatric symptoms or experiencing
difficulties vis-à-vis their personal and family circumstances;

(c) Out-patient in close collaboration with existing mental health programs at primary health care
centers in the same area;

(d) Home care services for services users with special needs as a result of, among others, long-
term hospitalization, noncompliances with or inadequacy of treatment, and absence of immediate
family;

(e) Coordination with drug rehabilitation center vis-a-vis the care, treatment, and rehabilitation of
persons suffering from addiction and other substance-induced mental health conditions; and

(f) A referral system involving other public and private health and social welfare service
providers, for the purpose of expanding access to programs aimed at preventing mental illness
and managing the condition of persons at risk of developing mental, neurologic, and
psychosocial problems

Section 81. Suicide Prevention. - Mental health services shall also include mechanisms for
suicide intervention, prevention, and response strategies, with particular attention to the concerns
of the youth. Twenty-four seven (24/7) hotlines, to provide assistance to individuals with mental
health conditions, especially individuals at risk of committing suicide, shall be set up, and
existing hotlines shall be strengthened.

Section 82. Mental Health Promotion in Educational Institutions. - Educational Institutions,


such as schools, colleges, universities, and technical schools, shall develop policies and programs
for students, educators, and other employees designed to: raise awareness on mental health
issues, identified and provide support and services for individuals at risk, and facility access,
including referral mechanisms of individual with metal health conditions to treatment and
psychosocial support.

Section 83. The Philippine Council for Mental health-herein referred to as the Council, is
hereby established as a policy-making planning, coordinating and advisory body, attached to the
DOH to oversee the implementation of this Act, particularly the protection of the rights and
freedom of persons with psychiatric, neurologic, and psychosocial needs and the delivery of
rational, unified and integrated mental health services responsive to the needs of the Filipino
people.

Section 84. Creation of the DOH Mental Health Division. - There shall be created in the DOH,
a Mental Health Division, under the Disease Prevention and Control Bureau, staffed by qualified
mental health specialists and supported with an adequate yearly budget. It shall implement the N

Section 85. Voluntary Submission of a Drug Dependent to Confinement, treatment and


Rehabilitation. - Persons who avail of the voluntary submission provision and persons charged
pursuant to Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs
Act of 2002", shall undergo an examination for mental health conditions and. if found to have
mental health conditions, shall be covered by the provision of this Act.

ARTICLE 16

MASUSTANSYANG PAGKAIN PARA SA BATANG PILIPINO

Section 86. Fortified Meal- refers to a meal with deliberately increased content of essential
micronutrients so a sto improve rge nutritional qualityof the food and provide the level of
calories and protein as prescribed by the NNC which shall consist of at least one-third (1/3) of
the daily requirement based on the Philippine Dietary Reference Intake (PDRI);

Section 87. Undernourished Child- refers to a child who has been supplied with less than the
minimum amount of foods essential for sound health and growth. For purpose of this Act, it shall
include children who are suffering from chronic hunger and malnutrition as well as those who
are considered as wastes severely wasted or stunted under the World Health Organization Child
Growth Standards.

Section 88. National Feeding Program. - The National Feeding Program, hereinafter referred to
as the Program, is hereby established to address undernutrition among Filipino children.1âwphi1

The Program shall have the following components and coverage:

(a) Supplemental Feeding Program for Day Care Children. - The DSWD, in coordination with
the LGUs concerned, shall implement a supplemental feeding program for under nourished
children with ages three (3) to five years. The program shall be administered in a day care
centers or in any other facility which can be used for such purpose: Provided, That the Program
shall include the provision of at least one (1) fortified meal for a period of not less than one
hundred twenty (120) days in a year: Provided, further, That in the preparation of fortified meals,
the DSWD shall work in collaboration with recognized parents' organizations;

(b) School-Based Feeding Program. - The DepED shall implement a school-based feeding
program for undernourished public school children from kindergarten to grade six (6): Provided,
That the Program shall include the provision of at least one (1) fortified meal to all
undernourished public elementary school children for a period of not less than one hundred
twenty (120) days in a year;

(c) Milk Feeding Program. - The NGAs shall coordinate with the Department of Agriculture
(DA), the National Dairy Authority, the Philippine Carabao Center and the Cooperative
Development Authority for the incorporation of fresh milk and fresh milk-based food products in
the fortified meals and cycle menu in accordance with Republic Act No. 8172, otherwise known
as the "Philippine Food Fortification Act of 2000", utilizing, as far as practicable, locally
produced milk in order to enhance its nutritional content and, at the same time, help boost
livelihood opportunities for local dairy farmers and local dairy industry;

(d) Micronutrient Supplements. - The NGAs, in coordination with the DOH, shall provide
micronutrient supplements to the Program beneficiaries including the use of iodized salt in
accordance with Republic Act No. 8172, otherwise known as the "Salt Iodization or ASIN" law;

(e) Health Examination, Vaccination and Deworming. - The NGAs, in coordination with the
DOH and LGUs concerned, shall conduct simultaneous health examinations including, but not
limited to deworming and vaccination, as the case may be, to Program benefeciaries;

(f) Gulalayan sa Paaralan. - The NGAs shall encourage their respective component units to
devote a portion of their land or space for the cultivation of vegetables and other nutrient-rich
plants as identified by the NNC: Provided, That component units lacking in, land shall adopt
modern gardening technologies with the assistance of the DA, the Department of Science and
Technology (DOST) and the city or municipal agricultural officers. Parents shall also be
encourage to maintain a similar program in their own backyards;

(g) Water, Sanitation, and Hygiene (WASH). - The NGAs, in coordination with the DOH and
LGUs , shall establish and maintain water and sanitation facilities, promote good hygiene and
safe food preparation in all of its component units especially in areas devoted for the preparation
of fortified meals under the Program; and

(h) Integrated Nutrition Education, Behavioral Transformation, and Social


Mobilization.1âwphi1 - The Program shall be complemented by a public health, nutrition, and
values transformation campaign to promote a holistic and integrated approach to health and
nutrition education. Orientation-training on the objectives and mechanics of the Program shall be
held among the personnel of NGAS and LGUs concerned, parent volunteers and the parent-
teachers associations (PTAs) to generate support for the Program. The NGAs concerned shall
also endeavor to mobilize community organizations to continue nutrition education outside of the
school.

Section 89. Prioritization in the Program Implementation. - The NGAs shall create a five (5)-
year plan to fully implement the Program: Provided, That the NGAs concerned shall prioritized
the implementation of the Program in the LGUs and public day care or elementary schools that
meet any of the following criteria:

(a) With the highest prevalence of undernutrition and nutrient-deficiency among children aged
three (3) years up to grade six (6) level;

(b) With available facilities or capability to implement the Program; or


(c) Which prioritize such counterpart resources for its implementation.

Section 90. Creation of a National Information System. - The NNC shall harmonize all
existing national and local nutrition data bases from NGAs, LGUs and other relevant agencies of
government in order to identify individuals, groups, and/or localities that have the highest
magnitude of hunger and undernutrition. This system shall henceforth be utilized in monitoring
the health and nutrition of all Filipino children, especially those covered by the Program.

Section 91. Local Government Assistance. - LGUs shall assist the NGAs in the efficient and
effective implementation of the Program in accordance with Section 4 of this Act and shall be
authorized to use a portion of the Special Education Fund (SEF) and/or their twenty percent
(20%) development fund as provided for in Republic Act No. 7160, otherwise known as the
"Local Government Code of 1991", as amended to augment the appropriations available under
the General Appropriations Act (GAA).

Section 92. Private Sector Participation.  - The NGAs shall encourage the participation of the
private sector in the Program which shall include, among others, PTAs, private corporations,
peoples and nongovernment organizations and such other groups or organizations, both foreign
and local, that

Section 93. Tax Exemption. - Any donation or bequest made to the NGAs or any of the
aforementioned government agencies including LGUs for the Program shall be exempt from the
donor's tax: Provided, that donations in kind shall be approved by the NGAs concerned upon the
recommendation of the NNC, in the case of food products, and the DOH, in the case of vaccine
and supplements, as the case may be, respectively.

ARTICLE 17

KALUSUGAN AT NUTRISYON NG MAG-NANAY

Section 94. It shall protect and promote the right to health of the people and instill health
consciousness among them". Moreover, pursuant to various international human rights
instruments and agreements that the State adheres to, the State guarantees the right to adequate
food, care and nutrition to pregnant and lactating mothers, including adolescent girls, women of
reproductive age, and especially children from zero (0) to two (2) years old.

The State declares its determination to eliminate hunger and reduce all forms of malnutrition.
The State further maintains that ensuring healthy lives, promoting well-being, ending hunger and
food insecurity, and achieving good nutrition for all at all ages are essential to the attainment of
sustainable development.

Towards this end, the State scales up nutrition intervention programs in the first one thousand
(1,000) days of a child's life, and allocates resources in a sustainable manner to improve the
nutritional status and to address the malnutrition of infants and young children from zero (0) to
two (2) years old, adolescent females, pregnant and lactating women, as well as to ensure growth
and development of infants and young children
Section 95. Milk Code- and Republic Act No. 10028, otherwise known as the "Expanded
Breastfeeding Promotion Act of 2009", to protect, promote, and support optimal infant and
young child feeding and maternity protection, and in consultation with the stakeholders in the
public and private sectors, consider the new recommendations from the World Health Assembly
(WHA) Resolution 69.9 to end the inappropriate promotion of food for infants and young
children;

Section 96. Scaling Up Health and Nutrition for the First One Thousand (1,000) Days of
Life.  - The DOH, the NNC, the Department of Agriculture (DA), in coordination with other
NGAs, the LGUs, the CSOs, and other stakeholders, shall develop a comprehensive and
sustainable strategy for the first one thousand (1,000) days of life to address the health, nutrition,
and developmental problems affecting infants, young children, adolescent females, and pregnant
and lactating women. It shall operationalize the latest national plan on nutrition, integrating the
short, medium and long-term plans of the government in response to the global call to eradicate
hunger, improve nutrition, and prevent and manage malnutrition, as one (1) of the seventeen (17)
Sustainable Development Goals (SDGs).

SECTION 97. Priority- shall be given to those who reside in disaster-prone areas and GIDA,
such as areas that are isolated due to distance, inaccessibility to transportation, and weather
conditions, unserved and underserved communities and other areas identified to have high
incidences of poverty, those persons belonging to the vulnerable sector, communities in or
recovering from situation of crisis or armed conflict and recognized as such by a government
body.

The NNC shall prioritize LGUs, which meet any of the following criteria:

(a) With the highest prevalence of undernutrition and nutrient-deficiency among pregnant
and lactating women and children aged zero (0) to two (2) years;

(b) Availability of facilities or capability to implement the program; and

(c) Prioritizes such program in their locality and willingness to provide counterpart
resources for its implementation.

Section 98. Program Implementation.  - The DOH, in coordination with the NNC, the DA, the
LGUs and other NGAs concerned, shall be responsible for the implementation of this Act. It
shall be implemented at the barangay level through the rural health units and/or barangay health
centers, in coordination with the Sangguniang Barangay. The Barangay Nutrition Scholars
(BNS) and the Barangay Health Workers (BHWs) shall be mobilized and provided with
resources and benefits to carry out their tasks.

(a) Prenatal Period (First Two Hundred Seventy (270) Days).

(b) Women About to Give Birth and Immediate Postpartum Period.


(c) Postpartum and Lactating Women

(d) Birth and Newborn Period (Twenty-eight (28) Days)

(e) First Six (6) Months of Infancy (One Hundred Eighty (180) Days)

(f) Infants Six (6) Months up to Two (2) Years of Age)

Section 99. Health and Nutrition of Adolescent Females. - To address the cyclical nature of
malnutrition among the population, delivery of health and nutrition services for adolescent
females ten (10) to eighteen (18) years old at facility, school, and community levels.

Section 100. Nutrition in the Aftermath of Natural Disasters and Calamities. – Areas that are
affected by disasters and emergency situations, both natural and man-made must be prioritized in
the delivery of health and nutrition services, and psychosocial services interventions. NGAs and
LGUs are mandated to immediately provide emergency services, food supplies for proper
nourishment of pregnant and lactating mothers, and children, specifically those from zero (0) to
two (2) years old. Women, infant and child-friendly spaces shall be prepared and ready to
accommodate women and their children, provide their daily necessities such as food, clothing,
clean water, and shelter; readily available breastfeeding support and counselling for those with
children up to two (2) years or beyond, as well as provision and guidance on the appropriate
complementary food for children over six (6) months old.

Section 101. Capacity-Building of Barangay Health and Nutrition Volunteers. - The DOH and
the NNC, in coordination with LGUs, shall provide practical and effective training courses to
BNSs, BHWs, and other personnel concerned to upgrade their skills and competence in the
implementation of the services and interventions for the health and nutrition of women and
children.

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