RA No 11148
RA No 11148
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.
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
CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. — This Act shall be known as "Kalusugan at Nutrisyon ng Mag-Nanay
Act".
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.
(c) Provide evidence-based nutrition interventions and actions which integrate responsive
caregiving and early stimulation in a safe and protective environment over the first one
thousand (1,000) days as recommended by the United Nations Children's Fund
(UNICEF) and the World Health Organization (WHO), as well as nutrition-specific and
nutrition-sensitive mechanisms, strategies, programs and approaches in implementing
programs and projects to improve nutritional status, and to eradicate malnutrition and
hunger;
(d) Strengthen and define the roles of the Department of Health (DOH), the National
Nutrition Council (NNC), and other government agencies tasked to implement nutrition
programs in the first one thousand (1,000) days;
(e) Institutionalize and scale up nutrition in the first one thousand (1,000) days in the
national plan on nutrition, the early childhood care and development intervention
packages developed by the NNC, the Philippine Development Plan, the National Plan of
Action for Children, the regional development plans, and local government units' (LGUS)
investment plans for health and nutrition;
(f) Ensure the meaningful, active and sustained participation, partnership and
cooperation of NNC-member agencies, other National Government Agencies (NGAs),
LGUs, civil society organizations (CSOs), and the private sector, in an integrated and
holistic manner, for the promotion of the health and nutritional well-being of the
population, prioritizing interventions in areas with high incidence and magnitude of
poverty, Geographically Isolated and Disadvantaged Areas (GIDA), and in hazard and
conflict zones;
(g) Strengthen enforcement of Executive Order No. 51, otherwise known as the "National
Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related
Products" or the "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;
(h) Strengthen the implementation of other nutrition related laws, programs, policies and
guidelines including multisectoral integration, gender equality and promotion of the
United Nations Convention on the Rights of the Child (UNCRC); and
(i) Strengthen the family community support systems with the active engagement of
parents and caregivers, with support from LGUs, the NGAs, CSOs, and other
stakeholders.
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:
(a) With the highest prevalence of undernutrition and nutrient-deficiency among pregnant
and lactating women and children aged zero (0) to two (2) years;
(c) Prioritizes such program in their locality and willingness to provide counterpart
resources for its implementation.
Section 6. Definition of Terms. - For purposes of this Act, the following terms are defined as
follows:
(a) 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;
(b) Chronic Energy Deficiency (CED), or acute undernutrition, refers to a condition where
there is negative energy balance due to inadequate food and nutrient intake, problems in
absorption, relatively rare or excessive nutrient loss mostly due to infections and
malignancies;
(c) Civil Society Organizations (CSOs) refer to non-State actors whose aims are neither
to generate profits nor to seek governing power, such as nongovernment organizations
(NGOs), professional associations, foundations, independent research institutes,
community-based organizations (CBOs), faith-based organizations, people's
organizations, social movements, networks, coalitions, and labor unions, which are
organized based on ethical, cultural, scientific, religious or philanthropic considerations;
(d) Early Stimulation refers to the process where infants and young children receive
external stimuli to interact with others and their environment. It provides different
opportunities for the child to explore, develop skills and abilities in a natural way and
understand what is happening around them. Examples of early stimulation are language,
motor and sensory stimulation with the aim of optimizing their cognitive, physical,
emotional and social abilities, to avoid undesired states in development;
(e) First one thousand (1,000) days of life refers to the period of a child's life, spanning
the nine (9) months in the womb starting from conception to the first twenty-four (24)
months of life, which is considered to be the critical window of opportunity to promote
health and development and prevent malnutrition and its life-long consequences;
(f) Geographically Isolated and Disadvantaged Areas (GIDA) refer to areas that are
isolated due to distance or geographical isolation, weather conditions and lack of modes
of transportation. This also refers to unserved and underserved communities and other
areas identified to have access or service delivery problems, high incidence of poverty,
presence of vulnerable sector, communities in or recovering from situation of crisis or
armed conflict, and those recognized as such by a government body;
(g) Low birth weight refers to weight at birth of an infant, whether born full term or
preterm, of less than 2,500 grams or 5.5 pounds, or 5 pounds and 8 ounces;
(m) Overweight and obesity refer to the abnormal or excessive fat accumulation that may
impair health. It is measured by BMI, a simple index of weight-for-height, which is
commonly used to classify overweight and obesity among adults. BMI is calculated by
dividing a person's weight in kilograms by the square of his/her height in meters (kg/m 2).
According to the WHO, adults with a BMI greater than or equal to twenty-five (25) are
overweight and a BMI greater than or equal to thirty (30) is obese. For children, it is
defined as the percentage of children aged zero (0) to fifty-nine (59) months whose
weight for length/height is above two (2) SD (overweight) or above three (3) SD (obese)
from the median of the WHO Child Growth Standards;
(n) Responsive caregiving refers to the method where the caregiver pays prompt and
close attention with affection to what the child is signaling and then provides a response
that is appropriate to the child's immediate behavior, needs and developmental state;
(o) Severe Acute Malnutrition (SAM) refers to very low weight for length/height, defined
as less than three (3) SD below the median (<-3SD) of the WHO Growth Standards,
characterized by visible severe wasting, or by the presence of bipedal pitting edema, or a
MUAC measurement of less than one hundred fifteen millimeters (<115mm); and
(p) Stunting refers to chronic undernutrition during the most critical periods of growth and
development in early life. It is defined as the percentage of children aged zero (0) to fifty-
nine (59) months whose height for age is below minus two (2) SD (moderate stunting)
and minus three (3) SD (severe stunting) from the median of the WHO Child Growth
Standards.
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.
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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.
(a) Prenatal Period (First Two Hundred Seventy (270) Days). – Prenatal care services at
the facility and community level shall include, but not be limited to, the following:
(4) Empowering women on the preparation of birth and emergency plans, and
appropriate plans for breastfeeding and rooming-in, including counselling;
(5) Counselling on maternal nutrition, appropriate infant and young child feeding
practices;
(8) Promotion of the consumption of iodized salt and foods fortified with
micronutrients deemed necessary;
(12) Counselling on, and utilization of, responsible parenthood and family health
services;
(15) Social welfare support to improve access to health and nutrition services,
such as, but not limited to, dietary supplementation, healthy food products and
commodities for nutritionally-at-risk pregnant women belonging to poorest of the
poor families, including those with disabilities;
(b) Women About to Give Birth and Immediate Postpartum Period. - Health and nutrition
services at the facility and community level shall include, but not be limited to, the
following:
(2) Provision of mother-friendly practices during labor and delivery in line with,
and in compliance with, Mother and Baby-Friendly Health Facility Initiative
(MBFHFI), Republic Act No. 10028, otherwise known as the "Expanded
Breastfeeding Promotion Act of 2009", Executive Order No. 51 or the "Milk
Code", and other related administrative issuances of the DOH on maternal and
newborn care;
(3) Monitoring of the progress of labor and the well-being of both the mother and
the fetus, and provision of interventions to any health issue that may arise;
(4) Identification of high-risk newborns that will be delivered; the premature, small
for gestational age (SGA), and/or low birth weight infants; and the provision of
preventive interventions to reduce complications of prematurity or low birth
weight;
(5) Coverage and utilization of PhilHealth benefit packages for maternal care;
(6) Nutrition counselling and provision of nutritious food and meals at the facility,
most especially for women who gave birth to babies who are preterm, SGA, or
low birth weight, until discharged;
(9) Counselling on, and utilization of, modern methods of family planning and
access to reproductive health care services, as defined in Republic Act No.
10354, otherwise known as "The Responsible Parenthood and Reproductive
Health Act of 2012";
(10) Maintenance of non-separation of the mother and her newborn and rooming-
in for early breastfeeding initiation;
(c) Postpartum and Lactating Women. - Health and nutrition services at the facility and
community level shall include, but not be limited to, the following:
(3) Lactation support and counselling from birth up to two (2) years and beyond,
including those women who will return to work and for women in the informal
economies, and those with breastfeeding difficulties;
(7) Lactation breaks for women in the workplaces including micro, small and
medium enterprises;
(11) Promotion of the consumption of iodized salt and foods fortified with
micronutrients deemed necessary;
(13) Counselling on, and utilization of, modern methods of family planning, and
access to reproductive health care services, as defined in Republic Act No.
10354, otherwise known as "The Responsible Parenthood and Reproductive
Health Act of 2012";
(14) Social welfare support to improve access to health and nutrition services,
such as, but not limited to, dietary supplementation, healthy food products and
commodities for CED and nutritionally-at-risk postpartum and/or lactating women
belonging to poorest of the poor families;
(2) Provision of early and continuous skin-to-skin contact to all full-term babies
and continuous kangaroo mother care for small babies born preterm and low birth
weight, in compliance with the newborn protocol of the DOH in all facilities
providing birthing services;
(3) Maintenance of non-separation of the mother and her newborn from birth for
early breastfeeding initiation and exclusive breastfeeding;
(4) Provision of routine newborn care services such as eye prophylaxis, Vitamin
K supplementation, and immunizations;
(6) Availment and utilization of appropriate PhilHealth benefit packages for the
newborn including the preterm, low birth weight and small babies;
(7) Provision of early referral to higher level facilities to manage illness and/or
other complications;
(8) Availability of human milk pasteurizer for strategic level two (2) and level three
(3) facilities with neonatal intensive care units to ensure breastmilk supply for
small babies born preterm and low birth weight within its facility, the service
delivery network it serves, and for use of infants and young children during
emergencies and disasters;
(10) Social welfare support to improve access to health and nutrition services for
newborns belonging to poorest of the poor families;
(11) Facilitate the prompt birth and death registration, including fetal deaths,
including restoration and reconstruction of birth and death registration documents
destroyed during disasters;
(e) First Six (6) Months of Infancy (One Hundred Eighty (180) Days). – Health (and
nutrition services at the facility and community level shall include, but not be limited to,
the following:
(1) Provision of continuous support to mother and her infant for exclusive
breastfeeding, including referral to trained health workers on lactation
management and treatment of breast conditions;
(3) Growth and development monitoring and promotion of all infants less than six
(6) months old especially those who had low birth weight, are stunted, or had
acute malnutrition;
(5) Provision of early referral to higher level health facilities to manage common
childhood illnesses including acute malnutrition;
(8) Social welfare support to improve access to health and nutrition services for
newborns belonging to poorest of the poor families;
(f) Infants Six (6) Months up to Two (2) Years of Age. - Health and nutrition services at
the community level shall include, but not be limited to, the following:
(10) Provision of anti-helminthic tablets for children one (1) to two (2) years old as
appropriate;
(13) Social welfare support to improve access to health and nutrition services
such as, but not limited to, dietary supplementation, complementary food, other
healthy food products and commodities, assessment and referral for
development delays and other disabilities for early prevention, treatment and
rehabilitation for infants six (6) months and above who belong to poorest of the
poor families;
(15) Provision of locally available grown crops, vegetables and fruits in addition to
other agricultural products to be used in complementary feeding and dietary
supplementation;
(16) Protection against child abuse, injuries and accidents including the provision
of first aid, counselling and proper referrals; and
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:
(a) Assessment of health and nutrition status and identification of nutritionally-at-risk
adolescent girls, as well as provision of ready to use supplementary food or ready to use
therapeutic food for nutritionally-at-risk adolescent females, as appropriate;
(g) Promotion of the consumption of iodized salt and foods fortified with micronutrients
that may be deemed necessary;
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:
(a) National and local health and nutrition investment planning and financing;
(c) Health and nutrition promotion and education, social mobilization and community
organization, including advocacy;
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:
(c) Secretary of the Department of the Interior and Local Government (DILG) as the ex
officio Vice Chairperson;
(j) Secretary of the National Economic and Development Authority (NEDA); and
(k) Three (3) representatives from the private sector to be appointed by the President
who shall come from any of the following: (1) health and nutrition professional
organizations; (2) women sector; (3) farmer and fisherfolk; (4) urban poor; (5)
organization or association of community health workers or BNS; (6) CSOs; and (7)
academe and research institutions. Said representatives shall serve for a term of two (2)
years.
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:
(a) Formulate national nutrition policies, plans, strategies and approaches for nutrition
improvement, including strategies on women, infant and young child, and adolescent
nutrition;
(b) Oversee and serve as a focal point in the integration of nutrition policies and
programs of all member agencies and instrumentalities charged with the implementation
of existing laws, policies, rules and regulations concerning nutrition;
(c) Coordinate, monitor and evaluate nutrition programs and projects of the public and
private sectors and LGUs to ensure their integration with national policies;
(d) Receive grants, donations and contributions, in any form, from foreign governments,
private institutions and other funding entities for nutrition programs and
projects: Provided, That no conditions shall be made contrary to the policies or
provisions of this Act;
(e) Coordinate the joint planning and budgeting of member agencies to ensure funds for
relevant nutrition programs and projects; to secure the release of funds in accordance
with the approved programs and projects; and to monitor implementation and track public
expenditure on these programs; and
(f) Call upon any government agency and instrumentality for such assistance as may be
required to implement the provisions of this Act.
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
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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
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