Dear PAO,
To celebrate Christmas, our family decided to donate food to the needy and poor. However, my aunt immediately discouraged us, saying that we would definitely be liable in case some of the donees complained of stomachaches after eating the food we donated. Is my aunt correct?
Mary Jane

Dear Mary Jane,
Please be informed of Sections 3 and 5 of Republic Act 9803, otherwise known as the “Food Donation Act of 2009”, which state that:

“Section 3. Definition of Terms. – For purposes of this Act, the following terms shall be defined as follows:
“‘Apparently Wholesome Food’ refers to food that meets all quality and labeling standards imposed by pertinent laws and administrative regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. It does not include milk products as defined and covered under Executive Order No. 51, the ‘National Code of Marketing of Breastmilk Substitutes, Breastmilk Supplements and Other Related Products.’ xxx

“Section 5. Liability for Damages from Donated Food. – A person, whether natural or juridical, shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food that a person donates in good faith for charitable purposes. This shall not apply, however, to an injury or death of an ultimate beneficiary of the donated food that results from an act or omission of a person constituting gross negligence or intentional misconduct.”
According to the above-mentioned law, a person shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food that such person donated, in good faith, for charitable purposes. In the same law, an apparently wholesome food is defined as one that meets all quality and labeling standards imposed by pertinent laws and administrative regulations.
In other words, your aunt is incorrect. You and your family members will not be subject to civil or criminal liability as long as you donate food that is compliant with the standards set by the law and in good faith. That is to say, the food items are apparently wholesome food, and there is no gross negligence or intentional misconduct on your end.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]