2 June 2020

SENATOR AQUILINO PIMENTEL III

Chairperson
Committee on Trade, Commerce, and Entrepreneurship

Attention: The Committee Secretariat

Position Paper of the PHILIPPINE COALITION OF ADVOCATES FOR NUTRITION

SECURITY, INC. on Senate Bill No. 656, “An Act Encouraging Corporate Social
Responsibility, Providing Incentives Therefore, and for Other Purposes”

The Philippine Coalition of Advocates for Nutrition Security, Inc. (PHILCAN) and co-signatories raise
serious concerns regarding a bill recently transmitted to the Senate, House Bill 6137, entitled An Act
Encouraging Corporate Social Responsibility, Providing Incentives Therefor. While mostly consistent with
similarly titled Senate Bill No. 656, we have found one provision in the HB very problematic. We would
like to bring the Senate’s attention to Section 3, Lines 28-30 (Page 2) and Lines 1-6 (Page 3) of HB6137
which state:

“All business organizations are allowed to donate products and services under their CSR-related
activities for disaster relief and assistance, in accordance with the regulations to be issued by the
appropriate government agency. All existing law and regulations restricting or prohibiting the
right of local government units under a state of calamity and/or during a national emergency to
solicit or accept any donation of products and services under the CSR-related activities for
disaster relief and assistance of a business organization are hereby amended.”

While we acknowledge the role that private sector plays in supporting the government in development
as well as humanitarian endeavors, especially in the ongoing COVID-19 pandemic, we believe that this
provision, which allows local government units to solicit and accept donations of any product from private
entities as long as such action falls in the purview of corporate social responsibility, as too broadly
encompassing; involving regulated products, practices, and services for health; and potentially conflicting
with the spirit of “social responsibility” that the law aims to uphold.

Of equal concern to PHILCAN is the intent to amend conflicting regulations as stated in Section 3:

[exact wording as above] “existing laws and regulations restricting or prohibiting the right of LGUs under
a state of calamity and/or national emergency …”.,
Regulations that will be affected include vital safeguards to ensure that the right to health and nutrition
among the most vulnerable are protected from harmful commercial practices that are profit-oriented –
especially during times of emergencies. More specifically, we believe that the bill negates important
legislation for the promotion and protection of the health and nutrition of children, such as Republic Act
11148 and Executive Order No. 51. Both landmark laws that are consistent with the Philippines’ global
commitments to child health and development, and are in place to protect life-saving Infant and Young
Child Feeding or IYCF practices, both under normal and emergency contexts:

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 1. RA 11148 known as The Kalusugan at Nutrisyon ng Mag-Nanay Act (Section 11) states:

“Donations of milk formula, breastmilk substitutes1 , and/or products covered by the Milk Code
… 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.”

2. Executive Order 51 or Adopting a National Code of Marketing of Breastmilk Substitutes (BMS),

Breastmilk Supplements and Related Products, Penalizing Violations Thereof, and for Other Purposes or
more popularly known as “The Milk Code” (Section 3) states its scope that includes “marketing
and practices related to BMS, including infant formula; other milk products, foods and beverages,
including bottle-fed complementary foods, when marketed or otherwise represented to be
suitable, … for use as a partial or total replacement of breastmilk; feeding bottles and teats.” …
“Manufacturers and distributors shall not be permitted to give, directly, or indirectly, samples and
supplies of products within the scope of this Code or gifts of any sort to any member of the
general public, including members of their families, to hospitals and other health institutions, as
well as to personnel within the health care system, save as otherwise provided in this Code.”
(Section 6b)

3. Recently-issued DOH Department Memorandum No. 2020-0231 or the Guidelines on the

Standardize Regulation of Donations, Related to Executive Order 51, series of 1986 (The Philippines Milk
Code), to Health Facilities and Workers, Local Government Units, Non-Government Organizations, and
Private Groups and Individuals in Support to the Response to Emergencies, Disasters, and Situations Where
Health and Nutrition of Mothers, Infants, and Young Children are Affected, sets a precedent for the
evaluation of guidelines on health emergency situations and the regulations of donations to the
general public and the health system. It is also within the mandate of the DOH to ensure, the
proper use of breastmilk substitute, breastmilk supplements, complementary foods, and other
products covered by EO 51, when these are necessary, on the basis of adequate information and
through appropriate marketing and distribution.

Senate Bill No. 656, if it is amended to include the problematic lines from HB 6137, will be in conflict with
RA 11148 and EO 51 because the bill allows for the donation of any products, as long as the donation falls
under “corporate social responsibility”. General distribution of breastmilk substitutes, and bottle-feeding
products are known to change mothers’ feeding practices, encouraging the use of formula milk over breast
milk, therefore affecting the proper implementation of the Department of Health’s IYCF strategy. Further,
PHILCAN believes that there is no need for Corporate Social Responsibility provisions during calamities
because current rules have not obstructed flows of donation, instead problems have been logistical and
executory.

The provision is objectionable as it will negate the investments and the gains achieved by the Philippines,
a signatory to the UN Convention on the Rights of the Child (UNCRC), i.e. the inalienable rights of the
child to survival and development and the enjoyment of the highest attainable standard of health, and
nutrition (Article 24). Adequate breastfeeding and complementary feeding can prevent almost 20% of
childhood deaths.

1
Breastmilk Substitute refers to any type of milk, in either liquid or powdered form, including soy milk and follow-
up formula, that are specifically marketed for feeding infants and young children up to the age of three (3) years
[RA 1148, Section 6 (a)]

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Lifting of restrictions on products covered by EO 51 will NOT contribute to sustainable development.
The costs of not breastfeeding are staggering: 16M USD in health care system costs of treatment (of
diarrhea/pneumonia in children, and type 2 diabetes in mothers), 5,387M USD in household costs,
Assuming a GDP of 3%, the costs of inadequate breastfeeding are: $1,424,742,595 (from preventable child
and maternal deaths) and $2,316,353,899 (from cognitive losses). At a GDP of 5%, the total estimated
cost of inadequate breastfeeding rises to $8,943,061,001 (Alive & Thrive’s Cost of Not Breastfeeding
Tool)

Considering all the reasons stated, the PHILCAN hopes that this able body will ensure that the highly
problematic provisions do not make it into the final version of the Bill. It is also earnestly requested that
the honorable members of the Senate Committee on Trade, Commerce, and Entrepreneurship include
non-governmental and people’s organizations in any future discussions on this bill, as well as the
Department of Health and the National Nutrition Council as the agencies mandated to safeguard infant
and young child nutrition. This is to ensure that the voices of civil society and the children, the very
recipients of such donations, are heard in this process.

As of this year, the Philippines remains one of only 25 countries in the world whose law and supporting
policies that regulate harmful marketing of baby foods are “substantially aligned” with the WHO
International Code and subsequent World Health Assembly Resolutions. It is the only country in ASEAN
to belong in this highest category - a testament to the decades of commitment and vigilance of the
government to put children’s health above corporate profit. We hope that the Senate of the Philippines
will not let this distinction, and what it represents, be so easily undone.

Thank you very much, and we are hoping to work with you in our advocacy to promote the rights to
survival, health, and nutrition of every Filipino child.

Acknowledgments: PHILCAN would like to thank Dr. Paul Zambrano of Alive & Thrive for technical support in
preparing this paper.

References:

Alive & Thrive. Cost of Not Breastfeeding: Philippines. Available at: https://www.aliveandthrive.org/country-stat/philippines/

Black R. et al. Maternal and child undernutrition: global and regional exposures and health consequences. (Maternal and Child
Undernutrition Series 1). The Lancet 2008.

Executive Order 51 or Adopting a National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Related
Products, Penalizing Violations Thereof, and for Other Purposes

Jones G. et al. How many child deaths can we prevent this year? (Child Survival Series) The Lancet 2003 Vol. 362.

Republic Act No. 11148. Am 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 (1000) Days of Life,
Appropriating Funds Therefor and For Other Purposes.

World Health Organization (WHO). Marketing of breast milk substitutes: national implementation of the international code,
status report 2020. Geneva: WHO; May 27, 2020. Available from: https://www.who.int/publications-detail/9789240006010

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SIGNATORIES

PHILIPPINE ADVOCATES FOR NUTRITION SECURITY, INC. (PHILCAN)

Members:
1. Action Against Hunger Philippines
2. Adventist Development and Relief Agency Philippines
3. ChildFund
4. Gems Heart Foundation
5. Helen Keller International
6. International Care Ministries Foundation, Inc.
7. International Institute of Rural Reconstruction
8. Kalusugan ng Mag-Ina
9. Nutrition Center of the Philippines
10. Nutrition Foundation of the Philippines
11. Plan International
12. Save the Children Philippines
13. World Vision Development Foundation

CO-SIGNATORIES
Regional Network
14. Child Rights Coalition Asia

Non-Governmental Organizations and People’s Organizations

15. Action for Economic Reforms (AER)
16. Aktibong Kilusan ng Mga Maralitang Mamamayan (AKMMA-Quezon City)
17. Aktibong Nakatatanda sa Commonwealth (AKNACOM)
18. Alliance for Improving Health Outcomes, Inc.
19. Ayos na Gamot sa Abot-kayang Presyo (AGAP)
20. ANG NARS
21. Barangay Health Workers Brgy. 105 Tondo
22. Barangay Health Workers, Brgy 28 Caloocan
23. Barangay Health Workers, Brgy San Joaquin Pasig City
24. Barangay Health Workers Brgy Tabacalera, Pateros MM
25. Batasan Neighborhood Alliance
26. Binondo
27. Cabrera People’s Unity, Pasay City
28. Care for the Street Children
29. Childreamers Inc.
30. Child Rights Coalition Asia
31. Commonwealth East Neighborhood Alliance (CENA)
32. Consolidated Council of Health and Allied Professions (CCHAPS-PSLINK)
33. Dayap Homeowners Association

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 34. Galing Pook Foundation
35. Health Justice Philippines
36. JCI Lakambini Davao
37. Kilusan ng Mga Komunidad sa Kamaynilaan para sa Smoke-Free na Pamayanan (KKK-smoke-free
Manila)
38. Links for International Advocacy (LIAD)
39. Mama’s Brigade Association, Inc.
40. Medical Action Group
41. Nagkakaisang Grupo ng mga Mamamayan sa Aroma, Tondo
42. Parents Coordinated Actions –Baseco
43. Parola Tondo Association
44. Pasig Alliance for Smoke-free Homes (PASH)
45. Payatas Based Community Organizations (PACOMBA)
46. Philippine Society of Private Midwife Clinic Owners in Davao
47. Pinyahan Network of Informal Sectors
48. Public Services Labor Independent Confederation (PSLINK)
49. RIGHTS, Inc.
50. Samahan ng mga Kabataan Para sa Kaunlaran, Malinta, Valenzuela
51. Samahan ng mga Mamamayan sa J.De Moriones, Pasay City
52. Samahang Mamamayan ng mga Taga Norte , Brgy.372, Sta Cruz Manila
53. SideCar Boys Club
54. Southeast Asia Tobacco Control Alliance (SEATCA)
55. Taga-Pateros Ka, Inc.
56. Teatro Mulat Maypajo
57. Tondo Parents Coordinated Actions – Baseco
58. Ugnayan ng mga Kabataan sa Baseco
59. Urban Poor Association
60. Ugnayan ng mga Mamamayan (Brgy Almanza Dos, Las Pinas)
61. United Healthcare Organization of the Philippines (UHOP)
62. Women Action Network in Development (WAND)
63. WomanHealth Philippines

MOTHER SUPPORT GROUPS

64. Advent Moms
65. Arugaan
66. Baby DuDu Docs: Child Health and Breastfeeding Care Specialists
67. Breastfeeding Care Center of the North
68. Breastfeeding Bicolanas
69. Breastfeeding Gabay
70. Breastfeeding Laguna
71. Breastfeeding Pinays
72. Breastfeeding Pinays Olongapo

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 73. CavMoms (Cavite Moms)
74. Circle of Breastfriends (Baguio and Benguet Chapter)
75. Laniag Breastfeeding Infant and Young Child Feeding Support Palawan
76. LATCH Philippines
77. LATCH Cebu
78. LATCH Davao
79. LATCH Los Banos
80. Modern Nanays of Mindanao
81. Nueva Ecija Breastfriends
82. Shadrach Cares
83. South PiNanays
84. Tagaytay Moms

INDIVIDUALS
85. Dr. Leah Paquiz
86. Dr. Ulysses Dorotheo
87. Oyen Florencia
88. Joyce Sierra