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Pagkain Sapat Dapat - A Collective Action Strategy Towards The Development of A National Food Framework Law in The Philippines
Pagkain Sapat Dapat - A Collective Action Strategy Towards The Development of A National Food Framework Law in The Philippines
٠ 01
SAPAT DAPAT
PHOTO
Edited by
Aurea Miclat-Teves
National Food Coalition
91 Madasalin Street, Sikatuna Village
Diliman, Quezon City
02 ٠ PAGKAIN SAPAT DAPAT
٠ i
PAGKAIN
SAPAT DAPAT
A Collective Action Strategy
Towards the Development of a
National Food Framework Law
in the Philippines
Edited by
Aurea Miclat-Teves
ISBN
PAGKAIN
SAPAT DAPAT
A Collective Action Strategy
Towards the Development of a
National Food Framework Law
in the Philippines
iv ٠ PAGKAIN SAPAT DAPAT
٠ v
Table of Contents
Foreword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
I. Introduction: A Collective Action
Strategy
Towards the Development of a National
Food Framework Law in the Philippines . . . . . . . . . . 1
by Aurea Miclat-Teves
II. Declaration of the First National Conference
on the Right to Adequate
Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
III. National Food Coalition Membership
Steering Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Member Organizations . . . . . . . . . . . . . . . . . . . . . . . 23
IV. Proceedings of the National Conference
on the Right to Adequate Food:
A Collective Action for Policy Reform . . . . . . . . . . . 29
V. Summary Review: An Assessment of the
Philippine Legal Framework Governing
the Right to Adequate Food . . . . . . . . . . . . . . . . . . . 185
by Maria Socorro Diokno
VI. Assessment of the Philippine Social
Protection Floor Policies . . . . . . . . . . . . . . . . . . . . . 263
by Bread for the World
VII. Annexes . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 375
Annex I Compilation of news clippings
of NFC Activities . . . . . . . . . . . . . . . . . . . . . . . . 377
Annex II Voluntary Guidelines on the
Responsible Governance of Tenure
of Land, Fisheries and Forests. . . . . . . . . . . . . . . 431
vi ٠ PAGKAIN SAPAT DAPAT
٠ vii
Foreword
viii ٠ PAGKAIN SAPAT DAPAT
Foreword ٠ ix
Foreword:
Aurea Miclat-Teves
Convenor
National Food Coalition
xii ٠ PAGKAIN SAPAT DAPAT
٠ 1
Introduction
Introduction:
By Aurea Miclat-Teves1
I
n the human rights framework, the right to
food stands as a basic right that makes the state
accountable to the people with regard to ensuring their
food and nutrition. As a matter of policy, the Philippine
government must aim at ensuring the Right to Adequate
Food (RTAF) of all Filipinos.
In reality, Filipinos suffer from inadequate food
primarily due to lack of access to land and other
productive resources in the country. Many Filipinos
are even displaced from their lands due to violent
armed conflicts and landgrabbing. Large agricultural
lands are also transformed for commercial or real
estate purposes.
2
Se e D ec l ar a tio n at h ttp : //www. f ia n.or g / f ile a dmin/ me dia /
p u b l i c a t i o n s/2 0 1 3 . 0 3 _ NF C _ P h ilip p in e s _De c la r a tion.pdf
3
Declaration of the First National Conference on the Right to Adequate
Food (27-28 Feb. 2013, Quezon City)
4
Ibid.
Introduction ٠ 7
Raising awareness
5
Participation, Autonomy, Non-discrimination, Transparency, Human
dignity, Empowerment, Rule of law.
8 ٠ PAGKAIN SAPAT DAPAT
Moved by the awareness campaign, more than 300
people representing the different sectors – indigenous
peoples, peasants, urban poor, members of the academe,
individual advocates – convened at the University of the
Philippines to launch the NFC on October 15, 2012, the
eve of World Food Day. The event was initiated with
a march-demonstration by the participants calling for
adequate food for all, a cultural program, poster-making
competition on hunger, and the signing of an Open Letter
to Philippine President Benigno Aquino III. The letter
to the President contained the demands of the NFC to:
1) give central importance and support to farmers and
their concerns; 2) promote organic rice production; 3)
face and take action against damages caused by climate
change; and 4) respect, protect and fulfill the rights of
farmers and IPs.
After its launch, the NFC became active in raising
awareness on the right to adequate food. Its steering
committee began translating into Filipino several key
documents and education materials such as the Voluntary
Guidelines on the Right to Adequate Food. The NFC
also hosted local consultations around the country and
conducted problem-focused group discussions on core
RTAF issues and unified efforts to facilitate a progressive
realization of RTAF.
The results of these efforts can be seen in the
publications of the NFC such as “The Summary Review
of the Philippine Legal Framework Governing the
RTAF” and “Asserting the Human Right to Food: Local
Initiatives to Access Land and Natural Resources for
Sustainable Food Security in the Philippines.”
Introduction ٠ 9
6
“Bets challenged to take on hunger problem” by Jonathan Mayuga,
published in Business Mirror, April 25, 2013 http://businessmirror.com.
ph/index.php/news/nation/12613-bets-challenged-to-take-on-hunger-
problem
7
“Poverty data doubted, but...” by Aurea Calica, Rhodina Villanueva,
Jose Rodel Clapano, Delon Porcalla, Marvin Sy, published in
The Philippine Star, April 26, 2013 : http://www.philstar.com/
headlines/2013/04/26/935043/poverty-data-doubted-...
8
Ibid.
9
Ibid.
Introduction ٠ 11
10
Ibid.
11
Ibid
12
Ibid.
12 ٠ PAGKAIN SAPAT DAPAT
Introduction٠ 13
Deklarasyon ng
Unang Pambansang Kumperensya
sa Karapatan sa Sapat na Pagkain
Declaration of the
First National Conference
on the Right to Adequate Food
14 ٠ PAGKAIN SAPAT DAPAT
Deklarasyon ng Unang Pambansang Kumperensya ٠ 15
DEKLARASYON NG UNANG
PAMBANSANG KUMPERENSYA
SA KARAPATAN SA SAPAT NA PAGKAIN
27-28 Pebrero 2013
Quezon City, Metro Manila
Steering Committee:
Convenor – Aurea Teves
FIAN Philippines – Ricardo Reyes
PDI – Max de Mesa
Philrights – Nymia Simbulan
AFRIM – Elvira Quintela
Member NGOs:
PASAMAKA-Ayala
PASAMAKA-Sto. Rosario
Pinag-isang Lakas ng mga Katutubong Ayta sa Matalangao
at Ulingan (PILAKMU)
Pintol Women’s Association
SA3KSIMA
Sagana Mothers Club
Samahang Magkakapitbahay ng Kaybanban
(SAMABAKA), Inc.
Samahan ng mga Nagkakaisang Batilyo (SNB)
Samahang Bagong Silang ng Brgy. Buenavista
Samahang Kababaihan ng Amungan
Samahang Kababaihan ng Kabisig
Samahang Kababaihan sa Marupo
Samahang Kababaihan sa Payapat
Samahang Kababaihan sa Turda
Samahang Kabataan ng Kinaragan
Samahang Katutubo ng Masikap Kababaihan
Samahang Katutubo ng Poonbato (SKP)
Samahang Maghahalaman ng San Juan
Samahang Magsasaka at Mangingisda ng Kahawangan
Baloganon (SAMMAKAB)
Samahang Magsasaka ng Kaybanban Cooperative
Samahang Magsasaka ng Sitio Marupo
Samahang Magsasaka ng Togue Taltal
Samahang Magsasaka ng Turda
Samahan ng mga Katutubong Ayta sa Biaan
Samahan ng Tagbanuang Kababaihan sa Sitio Maraliten
San Isidro Women’s Association
San Joseph Women’s Association
SKA-Kinaragan
Tri-People Federation Mindanao
United Navotas Workers Association (UNAWA)
26 ٠ PAGKAIN SAPAT DAPAT
Affiliated organizations:
NGOs
POs
Organized by the
National Food Coalition
D ay One
The National Conference on the Right to
Adequate Food: A Collective Action for Policy Reform
was formally opened with inter-faith prayers and
offerings from leaders representing Islam, Christian
and Indigenous Peoples. This was followed by the
welcome remarks of Ms. Aurea G. Miclat-Teves,
President of FoodFirst Information and Action
Network-Philippines (FIAN-Philippines). The first
day of the conference was facilitated by Dean Rosalinda
Ofreneo of the University of the Philippines - College
of Social Work and Community Development (UP-
CSWCD) during the morning session and Atty. Ricardo
Sunga of Free Legal Assistance Group (FLAG) in the
afternoon.
32 ٠ PAGKAIN SAPAT DAPAT
Aurea Miclat-Teves
Welcome Remarks:
Input:
SUFFICIENT FOOD FOR All
By Aurea G. Miclat-Teves
Convenor, National Food Coalition
President, FIAN Philippines
President, Peoples Development Institute (PDI)
Hunger Haunts
Food is Life
Input:
INTERNATIONAL PERSPECTIVE:
THE GLOBAL DEBATES ON RTAF AND
SOCIAL PROTECTION AND ITS
INTERNATIONAL OBLIGATIONS
Open Forum:
Input:
THE RIGHTS BASED APPROACH
TO FOOD SECURITY AND NUTRITION:
THE CASE OF BRAZIL
Open Forum:
Flavio Valente
Input:
LEARNING FROM PRACTICE:
DETERMINING NEEDS
RTAF SITUATION IN THE PHILIPPINES
By Aurea M. Teves
President, FIAN-Philippines
*Gloria Macapagal-Arroyo distributed lands from 2001-2008. During the last 2 years of her presidency,
land distribution was halted due to the uncertainty of the future of CARP and the extensiobn debates in
Coingress.
Proceedings of the National Conference ٠ 73
74 ٠ PAGKAIN SAPAT DAPAT
Proceedings of the National Conference ٠ 75
Panel Discussion I:
Speaker 1:
AGRARIAN REFORM
AND THE RIGHT TO FOOD
By Ricardo Reyes
President, FDC
1. The links between agrarian reform and the right to
food is first and foremost, the main PRODUCER of
FOOD -- the FARMER, who should be assured of
adequate food, has developed capacity to produce, and
leads a decent life. But this is not the reality in the
Philippines. The data below show these discrepancies.
Population Families
Poverty Threshold (per
1,043 7,017
month, in pesos)
Food Threshold (per
974 4,869
month, in pesos)
Poor % 26.50% 20.90%
Poor Magnitude 23.1M 3.86M
Food Poor % 10.80% 7.90%
Food Poor Magnitude 9.44M 1.45M
Source: NSCB 2009
Self-rated
Self-rated Poor
Hunger
National 51% 40%
Metro Manila 40% 28%
Luzon 49% 43%
Visayas 60% 46%
Mindanao 54% 37%
Source: SWS, Oct 2009
80 ٠ PAGKAIN SAPAT DAPAT
Ricardo Reyes
Proceedings of the National Conference ٠ 89
Romeo C. Royandoyan
Speaker 2:
RIGHT TO FOOD,
FOOD SECURITY AND RICE SUFFICIENCY
By Romeo C. Royandoyan
Centro Saka, Inc. (CSI)
13. Another factor for consideration is the impact of climate change. 2.32 million hectares of
potentially irrigable areas or 74.52% are at risk: 1.23 million hectares are being serviced by the
Proceedings of the National Conference
irrigation system, 610,468 hectares or 79.80% of the national irrigation system and 469,339
٠
hectares or 84.17% of communal irrigation system are at risk. Luzon-irrigated lands face the
99
15. The right to food can be achieved only if food, and in the case of the Philippines, rice, is readily
available and accessible always, is safe and affordable for both producers and consumers especially
for the rural and urban poor. Attaining the goal of rice self-sufficiency will not necessarily mean
٠101
102 ٠ PAGKAIN SAPAT DAPAT
Patricia Gonzales
Speaker 3:
GENDER AND THE RIGHT
TO ADEQUATE FOOD
By Patricia Gonzales
Vice Chairperson, SARILAYA
Plenary Session:
by cluster.
126 ٠ PAGKAIN SAPAT DAPAT
5. Temperature, increased variability of precipitation, sea level rise, therefore have implications
on coastal health and food security in the Philippines. Coral reefs have repeatedly been
adversely affected by extreme temperature resulting in what is known as mass coral bleaching;
sea grass get buried when extreme rain events bring in high loads of sediments from the
watersheds into the coastal seas; and mangrove seedlings are extremely sensitive to the height
of sea level. Overall, fisheries are expected to decline with adverse impacts on food security.
6. Mariculture offers a pragmatic solution. Republic Act 8550 (The Philippine Fisheries Code of
1998) is a legal instrument that encourages and supports the establishment of mariculture facilities in
waters of all coastal municipalities. There is however, no established protocol on how these parks will
be established. This is highlighted with the example of how Mariculture Park of Bolinao suffered
some fish-kills due to obstruction of the flow of water oxygen in fish cages.
1999: Water
Bolinao Quality
Municipal Monitoring
Fisheries Teams MERSys
Ordinanc training
e
1980’s
1970’s
1990’s
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
èOxygen depletion
Clear Caquiputan Advocacy
٠127
128 ٠ PAGKAIN SAPAT DAPAT
Day Two
Speaker 1:
TOWARDS A NATIONAL
FOOD FRAMEWORK LAW
FOR THE PHILIPPINES
By Maria Socorro Diokno,
Secretary-General, FLAG
Speaker 2:
ENGAGING GOVERNMENT
TO IMPLEMENT RTAF:
THE ROLE OF HRBA IN CAPACITY BUILDING
By Max de Mesa
Chairperson, PAHRA
Max de Mesa
138 ٠ PAGKAIN SAPAT DAPAT
Open Forum:
Elvira Quintela
Regional Reporting:
REPORT ON THE
REGIONAL WORKSHOPS ON RTAF
(Luzon/Visayas/Mindanao Integrated Report)
By Elvira Quintela
Project Officer, AFRIM
A workshop group
Proceedings of the National Conference ٠161
against extractive industries like mining and
continuing education on RTAF, HR, VAWC and
other HR instruments. With these, there are needs
to access funds from LGUs for IGPs, dialogues
with LGU on appropriate relocation sites and
livelihood while continuing protest action on
labor contractualization, pushing for inclusive
government scholarship program, campaigning to
fast track implementation of IPRA and CARPER,
including follow-up of ongoing related cases,
forest and mangrove rehabilitation and monitoring
of government’s agri and aqua projects.
Workshop:
Workshop Results:
A workshop group
164 ٠ PAGKAIN SAPAT DAPAT
A workshop group
Relief
4Ps FAITH
Distribution
CBMS Dams,
Relief and
(13 core Coal-fired
Rehabilitation
indicators Power Plant,
of poverty) Mining
2. Experiences in Monitoring
• Positive:
– Census of Community-Gender/Sex desegregated
– Environment and Resources at stake
– Valuation of Agricultural Production affected by
Dev’t Projects
– Independent initiatives of NGOs and POs which
make use of Gov’t data, highlighting weaknesses
of Gov’t programs on RTAF
– Sharing with multi-stakeholders
– Holistic Approach e.g. disaster relief and rehab
monitoring
– Continuing Research
• Areas for Improvement:
– Participation of larger population in
formulating indicators to create sense of
ownership from the people; not center-
based
– Expert opinion
– Monitoring mechanism not framed on
RTAF
3. Steps to Ensure Progressive Realization of RTAF
among Claimholders:
• Should know their rights
Proceedings of the National Conference ٠169
A workshop group
170 ٠ PAGKAIN SAPAT DAPAT
• Mining – DENR
• Land use conversion – DAR/DARAB; decides
on land issue and on the application for land
conversion even as there is pending moratorium
on land conversion. Factors to consider depends
on the jurisdiction, the nature of complaint
whether administrative or judicial, identification
of concerned agency and what court. It must be
considered that some services are devolved (LGUs
and national agencies).
• Crop conversion – This is under the mandate of
DA but there is no existing mechanism.
• NFA Procurement – Decides on prices of rice
products yet farmers are at the mercy of traders
• We can also send our policy recommendations
through letters/communication to agencies and
Office of the President
• We can also request for Congressional inquiries
• On the issue of corruption – Ombudsman
mechanism
• Meta-legal tactics and strategies are also forms
of redress mechanisms, e.g. land occupation,
pickets etc
• 4Ps program – problematic in terms of
implementation. Its redress mechanism may be the
DSWD.
• There should also be redress mechanisms for ODA
projects.
2. What are the problems encountered in
accessing available redress mechanisms?
• Ignorance on the process of filing complaints.
172 ٠ PAGKAIN SAPAT DAPAT
by
Summary Review,
An Assessment of the Philippine Legal Framework
Governing the Right to Adequate Food
On Trade
• RA 8178, Agricultural Tariffication Act, 28 March
1996
• RA 8752, Anti Dumping Act of 1999, 12 August
1999
• RA 8800, Safeguard Measures Act, 19 July 2000
• RA 8751, Countervailing Duty Act of 1999, 7
August 1999
On Bio-Fuels
• RA 9367, Biofuels Law, 12 January 2007
_______________
23
RA 6657, Section 65.
194 ٠ PAGKAIN SAPAT DAPAT
Dairy Act), and RA 7900 (High Value Crops Act). All of these
laws provide for state support to agriculture both as a means to
ensure availability of food and as a means to increase incomes.
Similarly, all these laws subscribe to the use of market forces
with state support as the primary levers of development.
These laws also provide for mechanisms for the involvement
of stakeholders in the policy-development process.”
_______________
25
See Section 4 of RA 8178.
26
See Section 4 of RA 8178 in relation to Section 23(10) of RA 7607
27
BP 344 (Accessibility Law) and RA 7277 (Magna Carta for
Disabled Persons).
196 ٠ PAGKAIN SAPAT DAPAT
On Prices
• RA 7581, An Act Providing Protection to Consumers
by Stabilizing Prices of Basic Necessities and Prime
Commodities and by Prescribing Measures against
Undue Price Increases during Emergency Situations
and Like Occasions, 27 May 1992
• RA 71, An Act Requiring Price Tags to be Affixed on
all Articles of Commerce Offered for Sale at Retail
and Penalizing Violations of Such Requirement, 21
October 1946
• RA 7394, Consumer Act of the Philippines
(particularly Articles 81-84), 13 April 1992
On Wages and Employment
• PD 442 as amended, The Labor Code of the
Philippines, 16 February 1976; amended by series
of PDs, Batas Pambansa laws, EOs and RAs; see
provisions in Title II, Book III on wages and Chapter
3, Title III, Book III on employment of house-helpers
• RA 6727, Wage Rationalization Act, 9 June 1989;
Department of Labor and Employment Rules
Implementing RA 6727, 7 July 1989, revised by
National Wages and Productivity Commission of
Department of Labor and Employment NWPC
Guidelines No. 001-95, Revised Rules of Procedure
on Minimum Wage Fixing, 29 November 1995
Summary Review ٠197
• RA 6971, Productivity Incentives Act of 1990,
22 November 1990; Department of Labor and
Employment Implementing Rules
• RA 1161 as amended by RA 8282, Social Security
Law of 1997, May 1, 1997
• RA 8291, Revised Government Service Insurance
System Act of 1977, 30 May 1997
• RA 7658, An Act Prohibiting the Employment of
Children Below 15 Years of Age in Public and Private
Undertakings, Amending for this Purpose Section 12,
Article VIII of RA 7610, 9 November 1993
• RA 8042, Migrant Workers and Overseas Filipinos Act
of 1995, 7 June 1995; Secretary of Foreign Affairs and
Secretary of Labor and Employment Omnibus Rules and
Regulations Implementing RA 8042, 29 February1996
On Income Generating Opportunities
• RA 7900, High Value Crops Development Act of
1995, 23 February 1995
• RA 8289, Magna Carta for Small Enterprises,
amending RA 6977, 30 September 1997
• RA 8550, Philippine Fisheries Code, 25 February 1998.
• RA 7277, Magna Carta for Disabled Persons, 24
March 1992
• RA 8371, the Indigenous Peoples Rights Act of 1997,
29 October 1997
• RA 8972, Solo Parents’ Welfare Act of 2000, 7
November 2000
On Access to Credit
• RA 7394, Consumer Act of the Philippines, 13 April 1992
• RA 7192, Women in Development and Nation
Building Act, 12 February 1992
• RA 8425, Social Reform and Poverty Alleviation Act,
11 December 1997
198 ٠ PAGKAIN SAPAT DAPAT
_______________
30
When under sole responsibility of parents/legal guardian and only
members of employer’s family are employed or where the child’s
employment or participation in public entertainment or informa-
tion through cinema, theater, radio or television is essential.
202 ٠ PAGKAIN SAPAT DAPAT
_______________
32
Section 9, Article II in relation to Section 1, Article XII, 1987 Phil-
ippine Constitution.
33
Section 10, Article II in relation to Sections 1 and 3, Article XII,
1987 Philippine Constitution.
34
Section 21, Article II in relation to Sections 4, 5 and 6, Article XIII,
1987 Philippine Constitution,
35
Section 7, Article XIII, 1987 Philippine Constitution.
36
G.R. Number 167324, 17 July 2007.
37
Rights to health, education, work, and rights of the family, youth,
workers, and persons with disabilities.
Summary Review ٠217
Not
small scale farmers to
8.5 addressed
research results
enhancing food security
٠227
Improving access to labor Not
8.6
market addressed
Promotion of
Philippine Fisheries Code includes
women’s full and equal
provisions granting access by women to
participation in economy Partially
fishery and aquatic resources, and Migrant
8.7 and implementation addressed
Workers Overseas Act requires application
of gender sensitive
of gender sensitive criteria in policies and
legislation
plans for overseas Filipino workers
culture
Education and awareness Partially
11
٠233
raising addressed
Indigenous Peoples’ Rights Act,
Human resource
11.1 Philippine Fisheries Code, Solo Parents’
development; primary
and Act, and Article 146 of Labor Code on
education opportunities Addressed
11.2 employment of house helpers include
especially for girls
support for human
and women
resource development
Agricultural and environmental
Partially education
Agricultural and
11.3 addressed not required by relevant laws, but
environmental education
consumer education required at primary
and secondary levels of public education
234 ٠ PAGKAIN SAPAT DAPAT
Higher education;
information to support
11.4 public participation;
to improvement of housing Not addressed
11.11 conditions; human rights
education; right to food
training and awareness-
raising; capacity building
Summary Review ٠235
remains unreachable to around 1.4 million beneficiaries50
working on 1.8 million hectares of land. This has seriously
impaired the availability of food to these beneficiaries
and greatly affected their capacity to earn incomes that
will allow access to food resources.” The authors also
recognized the “serious setbacks” in the implementation
of the Agriculture and Fisheries Modernization Act
(AFMA):
1. “The budget by components (in percentage terms)
was not followed;
2. There was bias for production-support, and
less and less in marketing, R & D, human
resources development and inter-agency
linkages;
3. There was little concern for regional priorities;
4. The need for sound criteria for project selection
was not explicit;
5. The role of private investments in growth and job
creation was not explicit; and
6. Program benefit monitoring and evaluation
(PBME) was severely inadequate which, in part,
affected the effectiveness of the Review Team to
conduct deeper analyses.”51
_______________
50
Department of Agrarian Reform Planning Service, CARP Sum-
mary of Data, (Unpublished presentation, December 2007)
51
Roland T. Dy et al, Modernizing Philippine Agriculture and
Fisheries, The AFMA Implementation Experience, (University of
Asia and the Pacific and Congressional Oversight Committee on
Agricultural and Fisheries Modernization, National Agricultural
and Fishery Council, Center for Research and Communication,
Sikap/STRIVE Inc, Quezon City, Philippines, 2008), page xlix.
Hereinafter referred to as “The AFMA Study”.
236 ٠ PAGKAIN SAPAT DAPAT
_______________
52
See Section 7 of RA 7581.
Summary Review ٠239
thus raises concerns. Foremost among these is the issue of
accountability and continuity as a program. The provision
of these cash transfers may not survive beyond the current
administration. The lack of a clear legal basis also makes
it difficult for the rights-holders to demand the continued
provision from the State. Finally, the assessment of the
program similarly lacks any basis beyond the program
documents. This does not mean that the program itself is
unsound or should not be undertaken. It simply means that
the lack of a clear legal basis breeds uncertainty in assessing
the legal framework. This also precludes enforcement
under the judicial system to provide for adequate food to
the most vulnerable groups.”
“The Office of
the Ombudsman is
governed by Republic
Act 6770.56 This law
expands to some degree
the powers, functions
and duties of the Office.57
However, this law does
not directly link these
powers to human rights
obligations, much less to
those related to the right
to food. Because of this,
statistics provided by the
Office do not provide sufficient basis to determine whether it
investigates public officials who may be remiss in their duties
related to the right to food.”
_______________
56
An Act Providing for the Functional and Structural Organization
of the Office of the Ombudsman and for Other Purposes.
57
For example, the law grants the Office of the Ombudsman primary
jurisdiction over cases cognizable by the Sandiganbayan and
disciplinary authority over all elective and appointive officials of
the government, including Cabinet members, local government,
government-owned and controlled corporations, and their subsidiaries,
except government officials who may be removed only by
impeachment, members of Congress and the judiciary.
248 ٠ PAGKAIN SAPAT DAPAT
_______________
63
RA 6978 (An Act to Promote Rural Development by Providing for
An Accelerated Program within a 10-Year Period for the Con-
struction of Irrigation Projects); RA 8751 (Countervailing Duty
Act); RA 6982 (Social Amelioration Program in the Sugar Indus-
try); and RA 8371 (Indigenous Peoples Rights Act of 1997).
64
RA 7192 (Women in Development and Nation Building Act); RA
8972 (Solo Parents’ Welfare Act of 2000); and RA 7600 (Rooming-
In and Breastfeeding Act of 1992).
65
RA 9257 (Expanded Senior Citizens Act of 2003).
Summary Review ٠251
week of June 2008.68 The survey found that only one out of five
Filipinos heard or read anything about the right to adequate
food. Awareness of the right “is slightly higher in Metro Manila
(25%) and Visayas (24%).” Awareness appears to correlate with
both income and education: those with higher income and
higher educational attainment are more likely to have heard or
read about the right to adequate food.
Respondents were also asked to describe the right to
adequate food. Roughly two-thirds described the right,
while the remaining third said they did not know how to
describe the right. Respondents able to describe the right
said it was having the correct food, freedom from hunger,
right to choose nutritious food, affordable food, etc. These
descriptions indicate a basic understanding of the right.
To determine the extent of awareness of the obligation
to protect the right to adequate food, respondents were
asked “whether or not industrial activities on productive
_______________
68
“The survey had a national sample of 1,200 statistically
representative adult respondents, for an error margin of ±3% at
the national level and ±6% at the major study areas: Metro
Manila, Balance Luzon, Visayas and Mindanao. The survey uti-
lized face-to-face interviews using a structured questionnaire with
visuals. … 13% of the adult respondents are from Metro Ma-
nila, 44% from Balance of Luzon, 20% from Visayas and
23% from Mindanao. Fifty-six percent are from urban areas and
44% are from rural localities. … 6% [of respondents came from]
classes ABC, 65% [from] class D and 29% [from] class E. Thirteen
percent of adults had at most some elementary education; 30%
finished elementary education/had some high school education; two-
fifths (45%) finished high school/completed vocational school/
attended some college, while 11% graduated from college or took
post-graduate studies. Male and female respondents have a 1 to
1 ratio, and thus, are alternately sampled. By age group, 13% are
youth (18-24), 24% are intermediate youth (25-34), 22% are mid-
dle aged (35-44), 21% are 45 to 54 years old and 20% are 55 years
old and above.”
Summary Review ٠255
lands or other natural resources could impact availability
of food as it relates to their right to food.” Three-fourths
of the respondents said industrial activities could impact on
agricultural production and on the right to adequate food,
indicating “a rather high [public] awareness.” Location,
income and educational attainment appear to correlate with
awareness: awareness is higher in Metro Manila, among
classes ABC and D, and among college graduates.
To determine the level of awareness of the obligation
to respect the right to adequate food, respondents were
presented with a case, and asked to choose the course of action
government should take. The case involved the construction of
a hydro-electric dam that will supply electricity to several cities
and towns, but will partially submerge portions of public land
occupied by farmers planting corn and other subsistence crops.
More than a third of the respondents said ‘government should
not build the dam at all;’ one-fifth said government could build
the dam but must ‘pay the farmers disturbance compensation
equivalent to the value of their crops, their houses, and other
developments that they have made on the land;’ one-third said
‘government should build the dam only after the farmers
256 ٠ PAGKAIN SAPAT DAPAT
by
I. Introduction
II. Context
B. Population
C. Labor Market
Large
1,000 to 1,999 223 0,03% 310,801 5,99% 1,394
2,000 and over 142 0,02% 615,513 11,86% 4,335
Total 783,869 100,00% 5,187,793 100,00% 7
formal sector in the Philippines works in establishments with less than 10 employees (the average
establishment has 7 employees, see also Table 3 and Table 4), Including the informal sector,
nearly 70% of workers are in establishments of less than 10 employees. private sector). About
30% of the labor force in the workers are covered by social insurance (public and out of 38 million
Table 4: Number of Establishments by Employment Size and Sector, 2007
Total Micro Small Medium Large
Agriculture 5,765 4,190 2,303 160 152
Industry 121,832 107,288 12,116 1,241 1,187
Services 656,272 609,181 44,244 1,518 1,329
Total 783,869 720,659 58,663 2,919 2,668
% 100,00% 91,9% 7,5% 0,4% 0,3%
Source:National Statistics Office 2007
D. The Economy
The Philippine economy is marked by slow growth and inequity. From underperformance
between the years 1998 to 2001, Gross Domestic Product grew to 4.3% in 2002, 4.7% in 2003,
and about 8,9% in 2010. “Coming from a high base erected by election related expenditures last
year, the domestic economy continued to decelerate, posting a 3.4 percent growth during the
second quarter of 2011. This is less than half the booming 8.9 percent growth in 2010”.2
Aside from remittances from OFW (Overseas Filipino Workers) the other drivers of growth
include services which are highly dependent on telecommunications and agriculture which is
_________________________
2
Assessment of the Philippine Social Protection Floor Policies ٠275
http://www.nscb.gov.ph/sna/2011/2nd2011/2011hi2.asp
Figure 2: GINI in the Philippines 1985 - 2005
276 ٠ PAGKAIN SAPAT DAPAT
E. Government Expenditure
_________________________
4
A re enacted budget means that mandatory expenditures of debt
service, personnel expenses and internal revenue allotment for the
previous years are carried on and adjusted for requirements in the
ensuing budget year. The President of the Philippines as provided
by the Constitution reallocates line item amounts budgeted in the
previous years for projects that are completed or for other reasons
do not require the funds in the following year.
5
Bangko Sentral ng Pilipinas
Table 5: Public Budget Philippines 2009-2012
CONSOLIDATED PUBLIC SECTOR FINANCIAL POSITION, 2005-2012
Levels (In Billion Pesos) As Percent of GDP
Particulars
2009 2010 2011 2012 2009 2010 2011 2012
Actual Preliminary Revised BESF Actual Preliminary Revised BESF
PUBLIC SECTOR BORROWING REQUIREMENT (329,852) (383,111) (329,682) (317,738) (4.1) (4.3) (3.3) (2.9)
National Government (298,532) (314,458) (300,000) (286,000) (3.7) (3.5) (3.0) (2.6)
Monitored Government-Owned and -Controlled Corporations (GOCC) (19,300) (71,007) (42,035) (28,031) (0.2) (0.8) (0.4) (0.3)
Adjustment in Net Lending and Equity to GOCCS (3,261) 9,927 18,449 3,373 (0.0) 0.1 0.2 0.0
OTHER PUBLIC SECTOR 89,706 20,285 88,265 83,755 1.1 0.2 0.9 0.8
Baqngko Sentral ngPilipinas (BSP) (0,168) (63,722) 1,000 1,000 (0.0) (0.7) 0.0 0.0
Government Financial Institutions 10,800 7,939 11,190 11,577 0.1 0.1 0.1 0.1
Local Government Units 34,695 33,525* 36,915 40,305 0.4 0.4 0.4 0.4
CONSOLIDATED PUBLIC SECTOR SUPPLIES (DEFICIT) (240,146) (362,826) (241,417) (233,984) (3.0) (4.0) (2.4) (2.1)
F. Health
_________________________
6
Dumlao, Doris. 2006. Government cuts planned ’07 bond offer to
$900 M. Philippines Daily Inquirer. November 13,2006.
7
http://www.indexmundi.com/philippines/life_expectancy_at_birth.
html
Table 6: Health Expenditure in Selected Countries, 2006
Total Expenditure Gov. Exp. on Per Capita total Per Capita Gov. GDP per Capita
on Health and % Health as % of Exp. on Health Exp. on Health (ppp in US$)
of GDP total health exp. (ppp in US$) (ppp in US$)
different GDP levels health expenditure in % of GDP in the Philippines is among the lowest
(Table 6). This corresponds to the findings of the “ADB social protection index”8.
_________________________
8
The study showed that the level of social protection in the Philippines is below the average of Asia. Indicators were
Social Protection expenditure as share of GDP, coverage, distribution of benefits and level of benefits. See Baulch,
Weber, Wood: Social Protection Index for Committed Poverty Reduction. Volune 2: Asia. Manila 2008.
Assessment of the Philippine Social Protection Floor Policies ٠281
282 ٠ PAGKAIN SAPAT DAPAT
Source: PhilHealth
needs and the balance of 33% was for other basic needs.
In urban areas, the poverty threshold was a bit higher
than in rural areas. The impact of inflation on incomes is
important. People who had managed to make ends meet
in one year had to earn 5-6 percent more income the
following year to remain above the poverty line.
Despite the low rates of GDP per capita increase over the
last 20 years, and perhaps reflecting the impact of remittances
on household incomes, poverty rates in the Philippines
substantially reduced between 1985 and 1997 in both urban
and rural areas. Poverty has continued to remain higher in
rural areas; and the gap appears to be widening. In all years,
poverty in the National Capital Region (Metro Manila)
has been substantially less than in other urban areas of the
country. The poverty trend since 1997 is harder to estimate
owing to changes in the methodology consequent revision
of the 2000 estimates 9 . The general situation appears that
to be that poverty rates are again decreasing following a
significant rise between 1997 and 2000 following the Asian
financial crisis. In 2009 there were 3.85 million poor families
in the Philippines, which corresponds to about 20% of the
population (see Table 8).
Given the country’s high population growth rates and
presence of a big proportion of poor people the country
has to make significant progress in poverty alleviation and
undertake programs that protect the poor and the vulnerable.
________________________
9
See www.adb.org/Documents/ Books/ Poverty-in-the-Philippines/
executive-summary.pdf, and http://www.worldbank.org.ph/WBSITE
/EXTERNAL/COUNTRIES/EASTASIAPACIFICEXT/
PHILIPPINESEXTN/0,, menuPK:332992~pagePK:141132~piP
K:141107~theSitePK:332982,00.html.
Assessment of the Philippine Social Protection Floor Policies ٠285
1. Unemployment Benefits
7. Training Programs
1. Social Security
Cover Benefits
Retirement Monthly pension or lump sum to a
member who can no longer work due
to old age.
Death The death benefit is cash paid to the
beneficiaries of a deceased member.
Monthly pension or lump sum to the
beneficiary of the deceased member.
302 ٠ PAGKAIN SAPAT DAPAT
4. Health insurance
Benefits include:
· Inpatient coverage. PhilHealth provides
subsidy for room and board, drugs and
medicines, laboratories, operating room and
professional fees for confinements of not
less than 24 hours. Please refer to the table
of rate ceilings/maximum allowances in the
attachment for inpatient coverage.
Figure 5:
Comparison of Support Values between Hospital Categories
(Based on Pilot Test Conducted in Phro VIII)
Figure 6:
Support Values of Different Benefit Items
Source: Philhealth
Assessment of the Philippine Social Protection Floor Policies ٠311
Source: Philhealth
D. Micro Programs
3. Microfinance
4. Micro-insurance
5. Agricultural insurance
E. Child Protection
A. Financial Assessment
These groups are the unemployed, the elderly, the sick, the
poor, the disabled and children with special needs.
Table 22 provides the basis for deriving the
coverage rates for these target groups. It establishes
the pairings between the target groups and the types of
SP programs as well as the definition of the reference
population that will be used to derive the indicators
from the beneficiary date. It should be noted that a
separate coverage rate is derived for micro-credit
programs given the importance of these as a means of
social protection and employment generation in many
Asian countries.
Coverage rates for these target groups were obtained
by aggregating beneficiaries from all programs targeted
at this group. It should be noted that beneficiaries from
some programs can fall into more than one target group,
e.g. beneficiaries of the program to aid the elderly and the
disabled.
provider and health insurance and in the end has to bear the
risk of pricing. In the absence of a binding fee schedule, it
would also not be a solution to lift the cap on PhilHealth
benefits as providers may raise their fees at the moment they
get aware that patients get higher reimbursement.
A special problem is that of the “Insurance Rent” that
can be observed in provider behavior. Providers often
adjust their prices upwards if they know that patients are
insured. The patients have to pay a higher fee in these
cases, which leads to the effect that providers basically
skim the benefits that patients have from insurance.
So far, PhilHealth has not achieved its objective to
limit the prices in the market and to introduce effective
provider payment mechanisms. The reason might be the
strong position of the providers, which also is supported
by the fact that they are part of the PhilHealth board.
Basically PhilHealth is a third party payer but no
purchaser.
The result thus can be summed up as follows:
· The support value for the target group
(low income earners) lies around 30-50%
depending of the facilities frequented and
the location of residence. Most outpatient
care is not covered at all (except for
sponsored members and OFW).
· This means that people are faced with an
enormous financial risk.
· A solution could either be to limit the costs
and expand the Philhealth support value (long
term solution) or to introduce an affordable
complementary insurance program.
Assessment of the Philippine Social Protection Floor Policies ٠351
V. Costing Exercise
A. Health
The Table 26 shows the costs per case. According to this, the average costs lie around 16,800
PhP (where private facilities are more than double of public facilities). From this we can calculate
Assessment of the Philippine Social Protection Floor Policies ٠357
the total costs per capita per year, which is 689 PhP
for a mix of public and private facilities. However, this
result may be distorted by the costs of private patients.
Not only from NDHS but also from the data of private
insurers (for example GREPA Life and MAXICARE)
we know that their average costs per case of inpatient
care are nearly double the average (28,130 in the case of
MAXICARE). For reasons of prudence, we nevertheless
calculate with the average number mentioned above, for
two reasons:
·
insured people might prefer to use private
providers for quality reasons (though we
have to limit these options in order to keep
the premium affordable).
·
The majority of Philhealth claims is from
private facilities (16.1 bn PhP compared to
6.6 bn PhP from public).
_________________________
31
It can be seen that the costs in private facilities represent the majority of
the costs and that they are more than double the level of public facilities.
If private and public together is less than the total, the reason is that a
part of the cases is unclassified.
Table 27: Philhealth Expenses 2009
358 ٠ PAGKAIN SAPAT DAPAT
These numbers are influenced by the denominator (number of beneficiaries and members), which
are debated. The estimates range from 50% coverage to nearly 70% coverage. The effect of the
number of beneficiaries on the per-capita costs is shown in the following sensitivity test (Table 28).
If we calculate with 362,57 PhP covered by Philhealth mentioned in table 4 and deduct these from the
costs calculated from NDHS (689PhP) total costs for IPC shown above, we come to a total of exceeding
costs of around 326 PhP, which would mean that Philhealth covers about 50% of the actual costs.
_________________________
32
The calculation was made using a uniform cost figure and calculating the impact of several coverage levels.
Assessment of the Philippine Social Protection Floor Policies ٠359
360 ٠ PAGKAIN SAPAT DAPAT
The following tables show the result of quantitative simulations (sensitivity tests) that have
been made with different parameters in the framework of the ILO Unemployment Insurance Study.
The basis for the simulations is shown in Table 30. UI in a first stage could only cover the formal sector,
C. Pension
D. Social Assistance
_________________________
33
The calculation uses most recent SSS data and supposes same average
pension with varying coverage levels.
34
The calculation uses most recent 4P data and supposes same average
benefit level with varying coverage levels.
Assessment of the Philippine Social Protection Floor Policies ٠367
E. Summary
_________________________
35
The own estimates refer to the expected coverage levels. These were
seen as minimum desired coverage.
368 ٠ PAGKAIN SAPAT DAPAT
VII. References
http://www.nscb.gov.ph/statseries/default.asp
http://www.philhealth.gov.ph/
http://www.sss.gov.ph/
http://www.worldbank.org.ph/WBSITE/EXTERNAL/
COUNTRIES/EASTASIAPACIFICEXT/PHILIPPINE
SEXTN/0,,menuPK:332992~pagePK:141132~piPK:14
1107~theSitePK:332982,00.html.The Proceedings of the
Regional Workshop
ILO (2008): Vietnam: Social Health Insurance. Current
Issues and Policy Recommendations.
ILO (2009): Annual Global Employment Trends report, ILO
press release, January 28, 2009
IMF (2009): World Economic Outlook Database, April 2009
Joint Foreign Chambers in the Philippines: June 2009 Global
Crisis. Preparing to Rebuild Foreign Investment. Manila,
June 2009
Khandker, S. (2002): Impact of the East Asian Financial
Crisis Revisited. Manila:The World Bank Institute and
Philippine Institute for Development Studies.
Manasan, R. G. and J. S. Cuenca (2007): “Who Benefits
from the Food-for-School Program and Tindahan Natin
Program: Lessons in Targeting.” PIDS Discussion Paper
2007-10 (July). Available athttp://dirp4.pids.gov.ph/ris/
dps/pidsdps0710.pdf.
Philippine Health Insurance Corporation. Raising the Bar.
Annual Report 2008
Sicat, Allan and Graham, Matt for MIX, 2006, 2004
Philippines Benchmarking Report, MIX, April 2006.
State Economic Planning Office: Policy Brief, March 2010.
Towse, Mills, Tangcharoensathien: Learning from Thailand’s
health reforms. BMJ Volume 328 10 January 2004
Assessment of the Philippine Social Protection Floor Policies ٠373
ANNEXES
376 ٠ PAGKAIN SAPAT DAPAT
٠377
Annex I.
Compilation of news clippings
of NFC activities
378 ٠ PAGKAIN SAPAT DAPAT
Annex I - News Clippings ٠379
Availability
Accessibility
Safety
Crucial steps
AP PHOTO/AARON FAVILA
Food availability
FIAN cited a study by Virgilio de los Reyes and
Maria Socorro Diokno, “The Filipinos’ Right to Food:
An Assessment of the Philippine Legal Framework
Governing the Right to Food” and published by the
Right to Food and Nutrition (RTFN) Watch this year,
that showed current laws do not ensure availability,
accessibility and safety of food for all.
394 ٠ PAGKAIN SAPAT DAPAT
Not in Constitution
Annex II.
Voluntary Guidelines
on the Responsible Governance
of Tenure of Land,
Fisheries and Forests
432 ٠ PAGKAIN SAPAT DAPAT
Annex II - Voluntary Guidelines ٠433
Principles
What is tenure?
Crosscutting issues
Further information