Solo Parent Ordinance

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AN ORDINANCE INSTITUTIONALIZING THE PROGRAMS, SERVICES,

PRIVILEGES AND BENEFITS FOR SOLO PARENTS AND THEIR CHILDREN


APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES PURSUANT
TO REPUBLIC ACT 8792 KNOWN AS THE SOLO PARENT ACT OF 2000
(Authored by: AVM Atty. Angie Paycana, SBM Aisa C. Gutierrez, SBM Alfredo
L. Abueg III, SBM Bongbong A. Sevilla, SBM Renante L. Tuatis, SBM Michael
Joseph I. Virata, SBM/ABC Roderick O. Paycana)

WHEREAS, under Republic Act No. 8972 otherwise known as the Solo Parent Act, it is
a declared policy of the State to promote the family as the foundation of the nation,
strengthen its solidarity and ensure its total development. Towards this end, it shall
develop a comprehensive program of services for solo parents and their children;
WHEREAS, Republic Act 7610 otherwise known as the Local Government Code of 1991
specifically Section 458 (a) provides that “The Sangguniang Panglungsod, as the
legislative body of the city shall enact ordinances, approve resolutions and appropriate
funds for the general welfare of the city and inhabitants pursuant to Section 16 of this
Code and in the proper exercise of the corporate powers of the municipality as provided
for under Section 22 of this Code xxx”;
WHEREAS, the same Code mandates each Local Government Unit, through its
respective Sanggunians, to approve Ordinances, to provide for the care of disabled
persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors,
juvenile delinquents, drug dependents, abused children, and other needy and
disadvantaged person, particularly children and youth below eighteen (18) years of age;
and subject to the availability of funds, establish and provide for the operation of
centers and facilities for the said needy and disadvantaged persons;
WHEREAS, Solo Parents bear the heavy burden of raising the family and providing
their children a better future. They single-handedly do parental duties in the face of
privation and poverty;
WHEREAS, it is learned that out of about 94 million Filipinos, there are 13.9 solo
parents. In the Municipality of General Mariano Alvarez, Cavite, the number of solo
parents has reached the 1300 mark and is expected to increase and must, therefore, be
attended to if the municipality is really serious in preventing the consequent problems
of solo parenthood such as poverty, lack of employment, children deprived of education
and juvenile delinquents;
WHEREAS, the enactment of this Ordinance is, therefore, imperative.

ARTICLE I
TITLE, POLICY AND OBJECTIVE

SECTION 1. TITLE. This legislation shall be known as the “Solo Parents Ordinance of
General Mariano Alvarez, Cavite”.
SECTION 2. THE MUNICIPALITY’S POLICY AND OBJECTIVE. The Municipality of
General Mariano Alvarez adheres to the declared policy of the State as provided in

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Section 2 Republic Act No. 8972, otherwise known as the “Solo Parents’ Welfare Act of
2000”.

ARTICLE II
DEFINITIONS

SECTION 3. DEFINITION OF TERMS. For purposes of this Ordinance and pursuant to


Republic Act No. 8972, the following terms shall mean:

(a) SOLO PARENT- refers to unmarried, separated, annulled, widower and widowed
individual and person falling under the enumeration provided under Section 3 (a),
Republic Act No. 8972 and its Implementing Rules and Regulations, who has taken the
sole responsibility of parenthood.
Solo Parents are the following:

(1) A woman who gives birth as a result of rape and other crimes against chastity even
without a final conviction of the offender: Provided, That the mother keeps and raises
the child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of
spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse is
detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or
mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal
separation or de facto  separation from spouse for at least one (1) year, as long as
he/she is entrusted with the custody of the children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of
nullity or annulment of marriage as decreed by a court or by a church as long as he/she
is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment
of spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children
instead of having others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or
children;

(10) Any family member who assumes the responsibility of head of family as a result of
the death, abandonment, disappearance or prolonged absence of the parents or solo
parent.

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(b) INDIGENT SOLO PARENT- refers to one whose net income falls below the
poverty threshold set by the National Economic and Development Authority (NEDA) and
is not receiving a monthly pension or allowance from a concerned public or private
entity beyond such poverty threshold, as assessed and verified

(c) “CHILDREN” - refer to those living with and dependent upon the solo parent for
support who are unmarried, unemployed and not more than eighteen (18) years of age,
or even over eighteen (18) years but are incapable of self-support because of mental
and/or physical defect/disability.

(d) “PARENTAL RESPONSIBILITY” - with respect to their minor children shall refer
to the rights and duties of the parents as defined in Article 220 of Executive Order No.
209, as amended, otherwise known as the "Family Code of the Philippines."

(e) “PARENTAL LEAVE” - shall mean leave benefits granted to a solo parent to enable
him/her to perform parental duties and responsibilities where physical presence is
required.

(f) FLEXIBLE WORK SCHEDULE - is the right granted to a solo parent employee to
vary his/her arrival and departure time without affecting the core work hours as defined
by the employer;

(g) BASIC NECESSITIES- are goods vital to the needs of consumers for their
sustenance and existence. For purposes of this Ordinance basic necessities shall
include:

1. All kinds of variants of rice


2. Corn
3. All kinds of Breads
4. Baby’s Milk
5. Diaper
6. Bath Soap
7. Alcohol
8. Fresh, dried and canned fish and other marine products (including frozen and in
various modes of packaging)
9. Fresh porks, beef and poultry meat
10. All kinds of fresh eggs (excluding quail eggs)
11. Potable water in bottles and containers
12. Fresh and processed milk including milk labelled as foods supplement
13. Fresh vegetables including root crops
14. Fresh Fruits
15. Locally manufactured instant noodles
16. Coffee and coffee creamer
17. All kinds of sugar (excluding sweetener)
18. All kinds of cooking oil
19. Salt
20. Powdered, liquid, bar laundry and detergent soap
21. Household liquefied petroleum gas; not more than 11kgs. LPG content once every
five (5) months bought from LPG dealers
22. Kerosene, not more than 2 liters per month.
23. Water
24. Electricity

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25. Others that may be included by laws and executive issuances

(h) PRIME COMMODITIES – are goods not considered as basic necessities but are
essential to consumers. For purposes of this Ordinance, commodities shall include:
1. Flour
2. Dried, processed and canned pork, beef and poultry meat
3. Onions and garlic
4. Vinegar, patis and soy sauce
5. Toilet/ Bath soap
6. Others that may be included by laws and executive issuances
(i) SCHOOL SUPPLIES – shall mean an item commonly used by a student in a course
of study and includes the following list of items:
Paper including pads, crayos, ruler, scissors, ball pen, glue/ paste, folders, envelope,
notebooks, pencils, eraser, sharpener, tape, plastic cover, bag or backpacks, sanitizing
wipes, and lunch boxes and other analogous to the foregoing.
(j) CONSULTATION AND LABORATORY DIAGNOSTIC- any procedure conducted
for diagnostic purposes. It shall include procedures such as x-rays, CT-scans, MRI
scans, PET scans, blood chemistry exams, histopathology and immunopathology,
hematology, urine analysis, parasitology and bacteriology tests, scrology, blood banking
and all other diagnostic radiology, clinical laboratory and other diagnostic examinations
that are necessary for the diagnosis of the solo parents and/or their child/ children.
(k) CSWD – refers to the Municipal Social Welfare and Development
(l) DSWD – refers to the Department of Social Welfare and Development Office

ARTICLE III
WELFARE SERVICES AND ADDITIONAL PRIVILEGES AND BENEFITS

SECTION 4. Incorporation of Welfare Services, Privileges and benefits – Not


withstanding that the mandate under Republic Act Np. 8972 is unto the national
government, its agencies and instrumentalities, by the local legislation, the Municipality
of GMA formally imposes upon itself the obligation to provide the solo parents and their
children the welfare services and special privileges and benefits that the welfare
services and special privileges and benefits that the law has enumerated such as
livelihood assistance, counselling, parent effectiveness, critical incidence stress
debriefing, among others.
Accordingly, the pertinent provisions of Republic Act No. 8972 are hereby considered
written in this ordinance.
SECTION 5. Flexible Work Schedule. – The employer shall provide for a flexible
work schedule for solo parents; Provided, that the same shall not affect individual and
company productivity. Provided, further, that any employer may request exemption

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from the above requirements from the Department of Labor and Employment (DOLE)
on certain meritorious grounds. In the case of employees in the government service,
flexible workings hours will be subject to the discretion of the head of the agency. In no
case shall the weekly working hours schedule format (flexi-time). In the adoption of
flexi-time, the core working hours shall be prescribed taking into consideration the
needs of the service.
SECTION 6. Work Discrimination – No employer shall discriminate against any solo
parent employee with respect to terms and conditions of employment on account of
his/ her status.
SECTION 7. Parental Leave – In addition to leave privileges under existing laws,
parental leave of not more than seven (7) working days every year shall be granted to
any solo parent employee who has rendered service of at least one (1) year. The
seven-day parental leave shall be non-cumulative.
SECTION 8. Conditions for entitlement of Parental Leave. – A solo parent shall
be entitled to parental leave provided that:
(a) HE/ She has rendered at least one (1) year of service whether continuous or
broken at the time of the effectivity of the Act;
(b) He/ She has notified his/ her employer of the availment thereof within a
reasonable time period; and
(c) He/ She has presented a Solo Parent identification Card to his/ her employer
SECTION 9. Non-conversion of Parental Leave – In the event that the parental
leave is not availed of, said leave shall not be convertible to cash unless specifically
agreed upon previously. However, If said leave were denied an employee as a result of
non-compliance with the provisions of these Rules by an employer, the aforementioned
leave may be used as a basis for the computation of damages.
SECTION 10. Crediting of Existing Leave – If there is an existing or similar benefit
under a company policy, or a collective bargaining agreement or collective negotiation
agreement, the same shall be credited as such. If the same is greater that the seven
(7) days provided for in the Act, the greater agreement shall prevail. Emergency or
contingency leave shall not be credited as compliance with the parental leave provided
for under the Act and these Rules.
SECTION 11. Additional Services, Privileges and Benefits – In addition to the
welfare services, privileges and benefits provided by law, solo parents who are
residents of the Municipality and/ or their children shall be entitled to the following
privileges and benefits, to wit:
(a) Medical Assistance – Solo parents are entitled to free laboratory and medicines at
the Rural Health Center and health centers in the Municipality;
(b) Priority Lane- All retail and business establishments, including banks, and
hospitals must include priority lane for solo parents. Priority Lane already intended for
senior citizens and persons with disability can be used to accommodate solo parents.
(c) Livelihood Assistance- Solo parents shall have priority in the grant of livelihood
assistance under any of the Municipality’s applicable programs or projects, subject to
the qualification requirements under existing ordinances rules and regulations;
(d) Exemption from the number coding scheme- Solo Parents are exempted from
number coding scheme provided that he/ she is onboard the vehicle and upon
presentation of solo parent ID.

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(e) Discounts

1. 5% discount in the purchase of basic necessities and prime commodities not


exceeding the Five Thousand Pesos (P5,000.00) in grocery stores and supermarkets
whose gross income is not less than Two Hundred Fifty Thousand Pesos (P250,000.00)
a month

2. 5% discount for the medicines and vitamins not exceeding Five Thousand Pesos
(P5,000.00);

3. 5% on basic school supplies


4. 5% discount on consultation and laboratory diagnostic in all private laboratory;
5. 5% on the total bill of the solo parent in restaurant and other food establishment.
6. 10% on physical rehabilitation, speech therapy, dental procedures except
those procedures involving aesthetic procedures such as but not limited to
braces and whitening
7. 5% on both electricity and water bill under the name of the solo parent
8. 10% on massage, spa, gym and other similar recreational activity areas,
activities and services
9. 10% on Transportation Fare
All discount will be VAT Exclusive.
In cases where the solo parent is also a senior citizen or person with disability entitled
to a discount under his/her senior citizen or a person with disability identification (ID),
the solo parent shall use either his/her PWD ID Card or Senior Citizen ID card or solo
parent ID to avail of the discounts provided herein.
(f) Other services, privileges and benefits that the municipality is currently giving or
may subsequently offer.

ARTICLE IV
REGISTRATION AND AVAILMENT OF BENEFITS

SECTION 12. Registration. “The Solo Parent Office herein created shall undertake a
municipal-wide registration of all the solo parents and their children in the twenty seven
(27) barangays of the municipality for purposes of obtaining among others, information
on their names, ages, addresses, income including the source thereof, number of
children per solo parent and the circumstances of being solo.
SECTION 13. Solo Parent ID requirements.
 Voter’s ID or Certification that the applicant is a registered voter of the
Municipality
 Barangay Certification – it is a proof that the applicant is a resident of the
barangay for at least one (1) year.

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 PSA Birth Certificate of the child/children.
 Income Tax Return (ITR) for employed and self-employed single parent or any
necessary document as a proof of financial status
In the absence thereof, a Certification from the Barangay Treasurer or Municipal
Treasurer may be secured indicating the income
 Certification from the Barangay Captain indicating the status of the applicant as a
solo parent or supporting documents such as Declaration of Nullity of Marriage.
Certification of No Marriage (CENOMAR), death certificate of spouse, or medical
certificate as a proof of mental capacity, if incapacitated.
 Application Form provided by the MSWD.

SECTION 14. Assessment. An applicant who manifests the need for assistance under
this Ordinance is subject to assessment by a social worker at the Municipal Social
Welfare and Development Department. The assessment shall cover, but not be limited
to the following;
(a) Determination of the applicant’s category as enumerated in Article II, Section 3,
paragraph “a” of this ordinance and the provisions of RA 8972, Including the provision
of implementing rules and regulations;
(b) Evaluation if the needs if the applicant and his/her children as basis for provision
of the appropriate service and intervention;
(c) Identification of the level of readiness of the applicant to receive a particular
service/assistance, which shall serve as basis for the conduct of social preparation
activities prior to the provision of such service/assistance; and
(d) Identification of existing and potentially available resources that may support the
applicant and his/her children.
SECTION 15. Procedure to Accessing Services for Solo Parents. A person who
needs assistance under this ordinance and Republic Act 8972 shall comply with the
following process;
(a) Visit the Social Welfare and Development of his/her residence to manifest his/her
need for assistances;
(b) Fill up application form for the assistance indicating, but not limited to, following
information;

1. Name
2. Age
3. Address/Area of Domicile
4. Income per month
5. Source of Income
6. Number of Children
7. Circumstances of being solo;
(c) Undergo the necessary assessment process as stipulated in Section 14, Article IV
of this Rules;
(d) A Social Case Study Report shall be prepared by the social worker based on the
information/data provided for by the applicant, as well as his/her assessment of the
said applicant, indicating therein the appropriate services needed.
(e) The Social Case Study Report, together with a referral letter prepared by the
social worker, shall be forwarded by the Office of the Municipal Social Welfare and

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Development Department to the agency concerned providing the appropriate
assistance/service.
(f) The Social worker shall inform the solo parent of the status of his/her application
within thirty (30) working days from the filling of such and shall requires him/her to visit
the agency/institution providing the assistance. In this case the applicant is not qualified
for services under ordinance, he/she will be referred to the appropriate agency/program
for assistance
(g) Upon the favorable evaluation of the social worker, a Solo Parent Identification
Card shall be issued to the solo parent within thirty (30) days upon application duly
signed by the Municipal Social Welfare Officer and the Municipal Mayor.
The Solo Parent Identification Card is necessary for the availment of benefits under the
Act and this Ordinance. Such Identification Card shall be valid for only one (1) year, but
may be renewed subject to a new assessment and evaluation;
(h) For the public’s information and guidance, a list of persons who applied and
those who were able to avail of the benefits under this Ordinance shall be made
available by the concerned Municipal Social Welfare and Development Department
which processed their applications.
SECTION 16. Availment. – Proof of membership and entitlement shall be presented
by the solo parent and/or his/ her children to avail of the above benefits granted under
this Ordinance.
SECTION 17. Procedure for Application of Benefits. – An applicant who was
determined by a social worker to be eligible for assistance may apply for benefits under
this Ordinance through the following;
(a) The solo parent may go to the agency providing such benefit bringing with
him/her the Identification Card issued by the Municipal Social Welfare and Development
Department;
(b) Undergo the necessary qualifying activities required by the agency as prescribed
by the Rules Implementing RA 8972; and
(c) Comply with requirements set forth by the agency providing the service for the
duration of the assistance (e.g. schooling, housing) subject to existing rules of the
agencies concerned.
SECTION 18. Issuance of Purchase Booklet and its Contents. Purchase booklet
issued by the Municipal Social Welfare and Development Department to the solo parent
for free must contain the following basic information;
1. Solo Parent ID number
2. Booklet control number
3. Name of Solo Parent
4. Sex
5. Address
6. Date of Birth
7. Picture
8. Signature or thumb mark of Solo Parent
9. Logo of GMA, Cavite
10. Signature of the Chief of the Municipal Social Welfare and Development
Department.

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SECTION 19. DISQUALIFICATION –Change of civil status shall automatically result
to disqualification from any of the entitlements under this Ordinance or when the
beneficiary remains qualified under other existing or applicable ordinances,
rules ,policies and programs of the Municipality.

SECTION 2O. PROCEDURE FOR TERMINATION OF BENEFITS.

(a) A solo parent shall manifest to the Municipal Social Welfare Development
Department his/her intention to withdraw the availment of the benefits under
ordinance.

(b) If the solo parent does not voluntarily manifest his/her intention to terminate the
provision of the benefits and services before the lapse of one year from issuance of the
solo parent I.D., the social worker, based on a report by the employer or any interested
person, shall conduct the necessary assessment/evaluation to ascertain if grounds for
termination and withdrawal of benefits exist.

The Identification Card shall cease to be effective upon the lapse of one year from
issuance, unless renewed based on a new assessment and evaluation. Failure to renew
will mean the he/she has changed his/her status as a solo parent.

(c) The solo parent shall be informed of the result of the assessment/evaluation and
termination of the service, if warranted, though written notice. The termination shall
take effect thirty (30) days from the receipt of the notice termination.

(d) In case when the service cannot be terminated in a period of one (1) month, e.g
schooling, the service shall be completed until its due time. The National Housing
Authority (NHA) and other participating housing agencies shall issue the guidelines in
the termination of housing benefits provided in the Implementing Rules and Regulations
of RA 8972.

(e) The solo parent and his/her children shall undergo psychosocial counseling with
the social worker to prepare them for independent living. The termination of said
benefits shall be without prejudice to reapplication should the circumstances so
warrant.

ARTICLE V
OFFICE CREATION , SOLO PARENT ORGANIZATION AND SOLO PARENTS
WEEK CELEBRATION

SECTION 21. SOLO PARENTS’ DESK- A solo parents’ desk is hereby created which
shall be under the direct supervision of the municipal social welfare and development
department with the following functions:

(a) Develop a comprehensive social development and welfare program for solo
parents and their children which shall include those herein listed;
(b) Coordinate and work with appropriate offices and agencies of the government in
providing such welfare services, privileges and benefits to the intended beneficiaries;
(c) Assist in the organizational matters of the solo parents’ organization;
(d) Exercise such other powers and perform such other duties and functions as may
be assigned by the municipal mayor or as may be prescribed by law or ordinance.

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SECTION 22. PERSONNEL REQUIREMENT – The Municipal mayor shall assign a
personnel in the solo parents’ desk who shall be primarily responsible in the over-all
management of the program and accomplishment of the law’s objectives.

SECTION 23. RIGHT TO ORGANIZE- The Municipality encourages, and gives its full
support to the solo parents’ right to organize themselves for purposes beneficial to its
members. The solo parents federation shall assist the municipality in the effective
implementation of the program. Prior consultation with it and its members shall be done
in the management of the funds allocated for solo parents.

SECTION 24. SOLO PARENTS’ WEEK- Every last week of April mandates the
celebration of solo parents’ week to give due recognition to the Municipality’s solo
parent residents.

ARTICLE VI
PENALTY PROVISIONS

SECTION 25.PENALTY FOR VIOLATION- persons or companies found violating any


provision of the ordinance shall be penalized as follows:

(a) P1,000.00 fine for the first offense;


(b) P1,500.00 for the second offense;
(c) P2,000.00 fine and closure of business as may be ordered by the appropriate
implementing agency for the third offense.

If the violator is a corporation, organization, or any similar entity, the officials and
employees directly involved will be individually liable and penalized.

Persons found guilty of falsification of documents and material misrepresentation of


personal data to avail of the solo parent benefits will also be fined P2500.00 or one (1)
month imprisonment or both at the discretion of the court without prejudice to the filing
of appropriate criminal case under the Revised Penal Code.

ARTICLE VII
APPROPRIATION AND FINAL PROVISIONS

SECTION 26. APPROPRIATION- For purposes of the mandates of this ordinance, the
amount equivalent to one percent (1%)of the municipality’s total budget for socio-economic
development shall be provided for in the annual budget and every succeeding budget year
thereafter. From said amount, a substantial portion shall be allocated yearly for purposes of the
solo parent federation.

SECTION 27. BARANGAY SOLO PARENT PROGRAM – all twenty-seven (27) barangays of
this municipality are highly encouraged to establish their respective solo parent program and to
support as well as provide necessary funding assistance thereto by including it in their
respective annual budget.

SECTION 28. IMPLEMENTING RULES AND REGULATIONS a rules committee, composed


of the chairman of the SB committee on women, children ,family relations and social services as
chairman and the Municipal Social Welfare and Development Department Officer, a
representative of the Mayor’s Office, the President of the Solo Parents federation, is hereby
constituted to promulgate rules and regulations to effectively carry out the purposes of this
Ordinance, subject to the approval of the Municipal Mayor and shall be ratified by the
Sangguniang Bayan. But notwithstanding the absence of implementing rules and regulations,
this ordinance shall be considered self-executory. Non-ratification by the Sangguniang Bayan
shall make the rules and regulation inoperative.

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SECTION 29. REPEALING CLAUSE. Any provision of ordinances, rules and regulations
and/or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed
and/or modified accordingly.

SECTION 30. SEPARABILITY CLAUSE. Should any portion or provisions of this Ordinance be
declared unconstitutional or invalid, the other parts or provisions thereof which are not affected
thereby shall continue to be in full force and effect.

SECTION. 31. EFFECTIVITY. This ordinance shall take effect immediately upon its approval.

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