Solo Parents Welfare Act PDF

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November 7, 2000

REPUBLIC ACT NO. 8972

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS


AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

SECTION 1. Title. — This Act shall be known as the "Solo Parents'


Welfare Act of 2000." CAScIH

SECTION 2. Declaration of Policy. — It is the 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 to be
carried out by the Department of Social Welfare and Development (DSWD),
the Department of Health (DOH), the Department of Education, Culture and
Sports (DECS), the Department of the Interior and Local Government (DILG),
the Commission on Higher Education (CHED), the Technical Education and
Skills Development Authority (TESDA), the National Housing Authority (NHA),
the Department of Labor and Employment (DOLE) and other related
government and nongovernment agencies.
SECTION 3. Definition of Terms . — Whenever used in this Act, the
following terms shall mean as follows:

(a) "Solo parent" — any individual who falls under any of the
following categories:
(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; AaSIET

(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
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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;
EHScCA

(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.
A change in the status or circumstance of the parent
claiming benefits under this Act, such that he/she is no
longer left alone with the responsibility of parenthood,
shall terminate his/her eligibility for these benefits.
HSDCTA

(b) "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.
(c) "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."
(d) "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.
(e) "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.
SECTION 4. Criteria for Support. — Any solo parent whose income in
the place of domicile falls below the poverty threshold as set by the National
Economic and Development Authority (NEDA) and subject to the assessment
of the DSWD worker in the area shall be eligible for assistance: Provided,
however, That any solo parent whose income is above the poverty threshold
shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.
SECTION 5. Comprehensive Package of Social Development and
Welfare Services . — A comprehensive package of social development and
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welfare services for solo parents and their families will be developed by the
DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with
local government units and a nongovernmental organization with proven
track record in providing services for solo parents. AaHcIT

The DSWD shall coordinate with concerned agencies the


implementation of the comprehensive package of social development and
welfare services for solo parents and their families. The package will initially
include:
(a) Livelihood development services which include trainings on
livelihood skills, basic business management, value
orientation and the provision of seed capital or job
placement.
(b) Counseling services which include individual, peer group or
family counseling. This will focus on the resolution of
personal relationship and role conflicts.
(c) Parent effectiveness services which include the provision
and expansion of knowledge and skills of the solo parent on
early childhood development, behavior management, health
care, rights and duties of parents and children.
(d) Critical incidence stress debriefing which includes
preventive stress management strategy designed to assist
solo parents in coping with crisis situations and cases of
abuse.
(e) Special projects for individuals in need of protection which
include temporary shelter, counseling, legal assistance,
medical care, self-concept or ego-building, crisis
management and spiritual enrichment. ATEHDc

SECTION 6. Flexible Work Schedule . — The employer shall provide


for a flexible working schedule for solo parents: Provided, That the same
shall not affect individual and company productivity: Provided, further, That
any employer may request exemption from the above requirements from the
DOLE on certain meritorious grounds.
SECTION 7. 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 8. 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.
SECTION 9. Educational Benefits. — The DECS, CHED and TESDA
shall provide the following benefits and privileges:
(1) Scholarship programs for qualified solo parents and their
children in institutions of basic, tertiary and technical/skills
education; and
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(2) Nonformal education programs appropriate for solo parents
and their children.SICDAa

The DECS, CHED and TESDA shall promulgate rules and regulations for
the proper implementation of this program.
SECTION 10. Housing Benefits. — Solo parents shall be given
allocation in housing projects and shall be provided with liberal terms of
payment on said government low-cost housing projects in accordance with
housing law provisions prioritizing applicants below the poverty line as
declared by the NEDA.
SECTION 11. Medical Assistance. — The DOH shall develop a
comprehensive health care program for solo parents and their children. The
program shall be implemented by the DOH through their retained hospitals
and medical centers and the local government units (LGUs) through their
provincial/district/city/municipal hospitals and rural health units (RHUs).
SECTION 12. Additional Powers and Functions of the DSWD. — The
DSWD shall perform the following additional powers and functions relative to
the welfare of solo parents and their families:
(a) Conduct research necessary to: (1) develop a new body of
knowledge on solo parents; (2) define executive and
legislative measures needed to promote and protect the
interest of solo parents and their children; and (3) assess the
effectiveness of programs designed for disadvantaged solo
parents and their children; TAESDH

(b) Coordinate the activities of various governmental and


nongovernmental organizations engaged in promoting and
protecting the interests of solo parents and their children;
and
(c) Monitor the implementation of the provisions of this Act and
suggest mechanisms by which such provisions are effectively
implemented.
SECTION 13. Implementing Rules and Regulations . — An
interagency committee headed by the DSWD, in coordination with the DOH,
DECS, CHED, TESDA, DOLE, NHA, and DILG is hereby established which shall
formulate, within ninety (90) days upon the effectivity of this Act, the
implementing rules and regulations in consultation with the local
government units, nongovernment organizations and people's organizations.
CTcSIA

SECTION 14. Appropriations. — The amount necessary to carry out


the provisions of this Act shall be included in the budget of concerned
government agencies in the General Appropriations Act of the year following
its enactment into law and thereafter.
SECTION 15. 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 16. Separability Clause. — If any provision of this Act is
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held invalid or unconstitutional, other provisions not affected thereby shall
continue to be in full force and effect. SIDTCa

SECTION 17. Effectivity Clause. — This Act shall take effect fifteen
(15) days following its complete publication in the Official Gazette or in at
least two (2) newspaper of general circulation.
Approved: November 7, 2000
Published in the Manila Standard and Business World on November 13,
2000. Published in the Official Gazette, Vol. 97 No. 19 page 2705 on May 7,
2001.

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