AN ACT SCALING UP THE NATIONAL AND LOCAL HEALTH AND NUTRITION PROGRAMS THROUGH A STRENGTHENED INTEGRATED STRATEGY FOR MATERNAL, NEONATAL, CHILD HEALTH AND NUTRITION IN THE FIRST ONE THOUSAND (1,000) DAYS OF LIFE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Seventeenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 11148

AN ACT SCALING UP THE NATIONAL AND LOCAL HEALTH AND NUTRITION PROGRAMS THROUGH A STRENGTHENED INTEGRATED STRATEGY FOR MATERNAL, NEONATAL, CHILD HEALTH AND NUTRITION IN THE FIRST ONE THOUSAND (1,000) DAYS OF LIFE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as "Kalusugan at Nutrisyon ng Mag-Nanay Act".

Section 2. Declaration of Policy. - The right to health is a fundamental principle guaranteed by the State. Section 15, Article II of the 1987 Constitution emphasizes that "The State 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.

Furthermore, the State commits to the Philippine Development Plan and the national plans on nutrition to contribute to the improvement of the quality of human resource in the country, and the reduction of maternal and child mortality and stunting.

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.

As such, the State prioritizes nutrition for adolescent females, pregnant and lactating women, infants and young children, to be implemented in an integrated manner by all branches of government, using a whole-of-government approach in collaboration with civil society organizations and the private sector.

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 3. Objectives. - This Act specifically aims to:

Section 4. 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 5. Coverage. - This Act covers those who are nutritionally-at-risk, especially pregnant and lactating women, particularly teenage mothers, women of reproductive age, adolescent girls, and all Filipino children who are newly born up to age twenty-four (24) months.

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:

Section 6. Definition of Terms. - For purposes of this Act, the following terms are defined as follows:

Section 7. 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.

The LGUs are encouraged to integrate maternal, neonatal, child health and nutrition programs in the local nutrition action plans and investment plans for health.

The NNC and other concerned NGAs shall provide appropriate technical assistance to respective LGU counterparts in the development, formulation, and implementation of this Act.

Section 8. Program Components. - The program shall include health and nutrition services and interventions provided at the different life stages. The LGUs, NGAs, concerned CSOs, and other stakeholders shall work together to ensure the delivery of these services and interventions.

Section 9. 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 shall include, but not be limited to, the following:

Section 10. Other Program Components. - The LGUs, NGAs, concerned CSOs, and other stakeholders shall likewise include the following cross-cutting components in the implementation of the program:

Section 11. 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.

Donations of milk formula, breastmilk substitutes, and/or products covered by the Milk Code without the approval of the Inter-Agency Committee (IAC) created under Executive Order No. 51, Series of 1986, shall be prohibited in order to protect the health and nutrition of pregnant and lactating women, infants and young children before, during and after a disaster.

In emergency situations, donations or assistance from the private sector, with no conflicts of interest or those not involved with manufacture, marketing, and sales of products covered by the scope of the Milk Code, shall be allowed immediately in the aftermath of natural disasters and calamities. Strict compliance with the Milk Code and its revised implementing rules and regulations (IRR) shall be observed, and options for mothers with breastfeeding problems will be provided, such as, but not limited to, the mobilization of breastfeeding support groups or strategic establishment of local milk banks.

The DOH and other relevant departments, in coordination with the National Disaster Risk Reduction and Management Council (NDRRMC), shall formulate guidelines and mechanisms in pursuit of this section, taking into consideration humanitarian, inclusive, gender and culture-sensitive standards for the protection of children, pregnant and lactating mothers, in accordance with Republic Act No. 10821, otherwise known as the "Children's Emergency Relief and Protection Act", its implementing rules and regulations, and the Comprehensive Emergency Program for Children.

Section 12. 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.

Section 13. The National Nutrition Council (NNC) Governing Board. - The NNC Governing Board shall be composed of the following:

The heads of departments may be represented by their duly designated representatives who shall be of a rank not lower than an Assistant Secretary.

Persons from the private sector with conflicts of interest, especially as described in Executive Order No. 51, Series of 1986, are prohibited from being members of the Council.

The composition of the NNC's Secretariat and Technical Committee as defined in Executive Order No. 234, series of 1987, "Reorganizing the National Nutrition Council" shall be maintained.

Section 14. Functions, Roles, and Responsibilities of the NNC. – The NNC, the highest policy making and coordinating body on nutrition, shall have the following functions and powers:

Section 15. Role of NNC Member Agencies, Other NGAS and LGUs. - Member agencies shall be responsible for ensuring the implementation of programs and projects, development of promotive, preventive and curative nutrition programs, and integration of health and nutrition concerns into their respective policies and plans. It shall provide additional resources in any form, including technical assistance, sourced from its budget in support of local nutrition programs.

Section 16. Procurement of Goods and Services. - The provisions of Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act", notwithstanding, the government agencies concerned are hereby mandated to establish a liberalized mode of procurement for this program, subject to the approval of the Government Procurement Policy Board.

The public procurement for this program shall prioritize the participation of local and community-based producers, suppliers and/or service contractors.

Section 17. Monitoring, Review and Assessment of the Program. - The NGAs and LGUs concerned shall regularly monitor, review and assess the impact and the effectivity of the program in consultation with their stakeholders.

Section 18. Appropriations. – The amount needed for the initial implementation of this Act shall be charged against the appropriations of the DOH, DA, NNC and other relevant agencies. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act (GAA).

The DBM, in coordination with the Department of Finance (DOF), DOH, DA, NNC and other relevant agencies shall consider the prevalence of malnutrition and child mortality in determining the annual appropriations for the implementation of this Act.

Priority LGUs identified by the NNC shall be eligible to receive from concerned NGAs supplementary funds necessary for the implementation of this Act. Said subsidy shall be included in the GAA.

Section 19. Implementing Rules and Regulations (IRR). - Within ninety (90) days from the effectivity of this Act, the DOH shall, in coordination with the NNC Governing Board, and in consultation with stakeholders in the public and private sectors, promulgate the IRR necessary for the effective implementation of this Act.

Section 20. Separability Clause. - If any provision of this Act or the application of such provision to any instrumentalities or entities or circumstances is held invalid or unconstitutional for any reason or reasons, the remainder of this Act or the application of such other provisions shall not be affected thereby.

Section 21. Repealing Clause. – All laws, decrees, executive orders, administrative orders or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 22. - Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

VICENTE C. SOTTO III

President of the Senate

This Act which is a consolidation of Senate Bill No. 1537 and House Bill No. 5777 was passed by the Senate and the House of Representatives on September 17, 2018 and September 19, 2018, respectively.

MYRA MARIE D. VILLARICA
Secretary of the Senate

DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives

Approved: November 29, 2018

(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines