AN ACT GRANTING ADDITIONAL BENEFITS TO SOLO PARENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8972, ENTITLED “AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11861, June 04, 2022 ]

AN ACT GRANTING ADDITIONAL BENEFITS TO SOLO PARENTS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8972, ENTITLED “AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 1 of Republic Act No. 8972, entitled “An Act Providing for Benefits and Privileges to Solo Parents and Their Children, Appropriating Funds Therefor and for Other Purposes”, is amended to read as follows:

Section 2. Section 2 of Republic Act No. 8972 is amended to read as follows:

Section 3. Section 3 of Republic Act No. 8972 is amended to read as follows:

Section 4. Section 4 of Republic Act No. 8972 is hereby repealed and a new provision is inserted to read as follows:

Section 5. Section 5 of Republic Act No. 8972 is amended to read as follows:

Section 6. Section 7 of Republic Act No. 8972 is amended to read as follows:

Section 7. Section 7 of Republic Act No. 8972 is hereby amended to read as follows:

Section 8. Section 9 of Republic Act No. 8972 is hereby amended to read as follows:

Section 9. Section 10 of Republic Act No. 8972 is hereby repealed and a new provision is inserted to read as follows:

Section 10. A new section to be denominated as Section 13 of the same Act is hereby added to read as follows:

Section 11. A new section to be denominated as Section 14 of the same Act is hereby added to read as follows:

Section 12. A new section to be denominated as Section 15 of the same Act is hereby added to read as follows:

Section 13. A new section to be denominated as Section 16 of the same Act is hereby added to read as follows:

When a solo parent, as defined under this Act, ceases to be such by reason of change of status and circumstances, the said solo parent shall be ineligible to avail of the benefits under this Act."

Section 14. A new section to be denominated as Section 17 of the same Act is hereby added to read as follows:

Section 15. A new section to be denominated as Section 18 of the same Act is hereby added to read as follows:

In cases of multiple entries or other badges of fraud, the DSWD shall notify the concerned LGU for its appropriate action."

Section 16. A new section to be denominated as Section 19 of the same Act is hereby added to read as follows:

Section 17. A new section to be denominated as Section 20 of the same Act is hereby added to read as follows:

Section 18. A new section to be denominated as Section 21 of the same Act is hereby added to read as follows:

Section 19. A new section to be denominated as Section 22 of the same Act is hereby added to read as follows:

Section 20. A new section 23 is hereby inserted to read as follows:

Section 21. A new section to be denominated as Section 24 of the same Act is hereby added to read as follows:

Section 22. A new section to be denominated as Section 25 of the same Act is hereby added to read as follows:

Section 23. A new section to be denominated as Section 26 of the same Act is hereby added to read as follows:

Section 24. Section 13 of the same Act is hereby amended and renumbered as Section 27, to read as follows:

Section 25. Section 14 of the same Act is hereby amended and renumbered as Section 28, to read as follows:

Government agencies and LGUs may also utilize a portion of their respective GAD budget to implement this Act anchored on the guidelines issued by the Department of Budget and Management, NEDA and PCW."

Section 26. Section 15 and 16 of the same Act shall be renumbered as hereby renumbered in this Act as Sections 29 and 30, respectively.

Section 27. Section 17 of the same Act is hereby amended and renumbered as Section 31, to read as follows:

Approved,

This Act which is a consolidation of Senate Bill No. 1411 and House Bill No. 8097, was passed by the Senate of the Philippines and the House of Representatives on January 24, 2022.

Approved: Lapsed into law on JUN 04 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

RODRIGO ROA DUTERTE
President of the Philippines

“Section 1. Title. – This Act shall be known as the ‘Expanded Solo Parents Welfare Act.”

“Section 2. Declaration of Policy. – It is the policy of the State to promote a just and dynamic social order that ensures the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life. The State shall also promote social justice in all phases of national development, value the dignity of every human person and guarantee full respect for human rights. Towards these ends, the government shall:

“Section 3. Definition of Terms. – As used in this Act:

“Section 4. Categories of Solo Parent. – A solo parent refers to any individual who falls under any of the following categories:

“Section 5. Comprehensive Package of Social Protection Services. – A comprehensive package of social protection services for solo parents and their families shall be developed by the Secretary of the Department of Social Welfare and Development (DSWD) in coordination with the heads of the Department of Health (DOH), Department of Education (DepEd), Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA), Department of Labor and Employment (DOLE), Department of Finance (DOF), Department of Migrant Workers (DMW), Department of Justice (DOJ), National Housing Authority (NHA), Department of the Interior and Local Government (DILG), Department of Trade and Industry (DTI), Bureau of Internal Revenue (BIR), Civil Service Commission (CSC), Philippine Health Insurance Corporation (PhilHealth), National Economic and Development Authority (NEDA), Philippine Commission on Women (PCW), Union of Local Authorities of the Philippines (ULAP), local government units (LGUs) and other concerned nongovernmental organizations (NGOs) with recognized credentials in providing services for solo parents.

The DSWD shall coordinate with the concerned agencies the implementation of the comprehensive package of social protection services for solo parents and their families. The package shall initially include:

"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 or her status. Employers may enter into agreements with their solo parent employees for a telecommuting program, as provided in Republic Act No. 11165, otherwise known as the 'Telecommuting Act': Provided, That said solo parent employees shall be given priority by their employer."

"Section 8. Parental Leave. - In addition to leave privileges under exiting laws, a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year shall be granted to any solo parent employee, regardless of employment status, who has rendered service of at least six (6) months: Provided, That the parental leave benefit may be availed of by the solo parent employees in the government and the private sector."

"Section 9. Educational Benefits. - The DepEd, CHED, and TESDA shall provide scholarship programs for solo parents and a full scholarship for one (1) child of a solo parent in institutions of basic, higher and technical vocational shills education: Provided, That the said solo parent or child of a solo parent has all the qualifications set for the scholarship program of the DepEd, CHED, or TESDA: Provided, further, That the other children, if any, of a solo parent shall be given priority in the education programs under Republic Act No. 10687, otherwise known as the 'Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act', Republic Act No. 10931 otherwise known as the 'Universal Access to Quality Tertiary Education Act', and other laws relating to education programs of the government. Non-formal education programs appropriate for solo parents and their children may, likewise be provided.

For purposes of this section, the children must be dependent on the solo parent for support, unmarried, unemployed, and twenty0two (22) years of age or below.

The DepEd, CHED, and TESDA shall promulgate rules and regulations for the proper implementation of this program."

"Section 10. Child Minding Centers. - The DOLE and the CSC shall promote and encourage the establishment of appropriate child minding centers within the workplace, or in accessible locations to the workplace or residence of the solo parent."

"Section 13. Breastfeeding in the Workplace. - In keeping with the policy of the State under Republic Act No. 10028, otherwise known as the 'Expanded Breastfeeding Promotion Act of 2009', the DOLE and the CSC shall continue to encourage working mothers, who are solo parents, to practice breastfeeding in the workplace."

"Section 14. Social Safety Assistance. - During disasters, calamities, pandemics, and other public health crises as may be declared by the DOH, the solo parents and their children are entitled to social safety assistance such as food, medicines, and financial aid for domicile repair in the LGUs where the solo parents and their children are residing, subject to the guidelines of the DSWD. The LGUs shall ensure that the budget for social safety assistance is included in the calamity funds of LGUs."

"Section 15. Additional Benefits. - A solo parent shall be entitled to the following additional benefits:

To avail of the additional benefits under this section, the solo parent shall present a Solo Parent Identification Card (SPIC): Provided, That in availing the additional benefits under paragraph (2) of this section, the solo parent booklet shall also be presented."

"Section 16. Limitation and Termination of the Benefits of a Solo Parent. - Only a solo parent exercising sole parental care and support of the child or children is entitled to claim the benefits of solo parent under this Act: Provided, That a solo parent shall not lose his or her status as solo parent if the other parent provides occasional assistance and/or seasonal gifts that do not meet the legal requirement of support under The Family Code of the Philippines: Provided, further, That the absence of a valid and legal marriage between the mother and father of a child or dependent doe snot automatically entitle either individual to the benefits under this Act if the factual circumstances demonstrate that parental care and support are shared.

"Section 17. The Solo Parents Office or Division. - There shall be established a Solo Parent Office (SPO) in every province and city and a Solo Parent Division (SPD) under the Municipal Social Welfare and Development Office in every municipality.

The head of the SPO must be a licensed social worker and the head of the SPD must possess a bachelor's degree.

The head of the SPO and SPD shall hold permanent position with at least a Salary Grade 12 and Salary Grade 10, respectively, and shall be appointed by the governor or mayor, as the case may be.

The SPO shall have at least three (3) staff members while the SPD shall have at least one (1) staff member.

The offices of the governor, mayor or social welfare office, as the case may be, shall exercise supervision over the SPO or SPD relative to their plans, programs and activities. The SPO or SPD shall establish linkages and work together with accredited civil society and nongovernmental organizations, political organizations, and the barangays in their respective areas.

The SPO or SPD shall:

"Section 18. Recording and Maintaining a Solo Parents Database. - The DSWD, in coordination with the DILG, shall establish and maintain a centralized database of all solo parents who have been issued SPIC or booklets by the SPOs and SPDs. To this end, the LGUs shall submit the list of solo parents receiving benefits under this Act to the DSWD on a quarterly basis.

"Section 19. Documentary Requirements. - For purposes of registration and issuance of SPIC and booklet, the solo parent shall submit authenticated or certified true copies of the following documents to the SPO or SPD where the solo parent resides:

Custodians of the documents, records, data or information shall ensure the utmost confidentiality of the same, in compliance with Republic Act No. 10173, otherwise known as the 'Data Privacy Act of 2012'."

"Section 20. SPIC and Booklet. - The SPO of the province or city, or the SPD of the municipality shall review and verify the documents submitted by the applicant and shall issue the SPIC and booklet, if applicable, within seven (7) working days from receipt of complete documents. In case of dispute, the Municipal/City/Provincial Social Welfare and Development Office (M/C/PSWDO), as the case may be, shall resolve the same within five (5) working days.

The SPIC and booklet are valid for one (1) year."

"Section 21. National Solo Parents Day and Week. - To commemorate the role and significance of every solo parent in the Philippines, the third week and third Saturday of April of every year are hereby declared as Solo Parents Week and National Solo Parents Day, respectively."

"Section 22. Abused, Abandoned, or Neglected Solo parents or Solo Parents Who are Victims of Domestic Violence. - In cases where a solo parent has been abused, abandoned, or neglected by his or her co-parent, he or she may seek the help of the DSWD, which, in turn, shall coordinate with the respective barangay officials and/or police officers assigned in the nearest Philippine National Police station where the abused, abandoned, or neglected parent resides, in order to provide immediate assistance. If the co-parent is gainfully employed, the abused, abandoned, or neglected parent shall have the right to retain a portion of the former's income, to be agreed upon by both parents or by a valid order issued by a court of competent jurisdiction, for the support of the child."

"Section 23. Special Protections for Adolescent Solo Parents. - In addition to the provisions of this Act, adolescent solo parents, including victims of child marriages, shall also be provided with assistance from the DSWD and the DOH which may include counseling and psycho-social services, and from the DepEd, CHED, and TESDA in the form of home-based, in-school, or technical education, as warranted."

"Section 24. Inter-Agency Coordinating and Monitoring Committee. - An Inter-Agency Coordinating and Monitoring Committee (IACMC) is hereby established and is composed of the following:

The Chairperson, Vice-Chairperson and members of the IACMC shall meet quarterly and shall submit a report to Congress on the implementation of this Act every three (3) years from the establishment of the IACMC. They may designate their respective representatives who must have at least a rank of Assistant Secretary or its equivalent.

The IACMC shall accurately gather demographic data on the solo parents and their children, by utilizing the Community-based Monitoring System (CBMS) under Republic Act No. 11315, otherwise known as the 'Community-Based Monitoring Systems Act'. The PSA shall conduct every four (4) years an updated demographic survey on solo parents and their children."

"Section 25. Joint Congressional Oversight Committee on Solo Parents. - There is hereby created a Joint Congressional Oversight Committee on Solo Parents (JCOCSP), to monitor the implementation of this Act. The JCOCSP shall set the overall framework for reviewing the implementation of this Act, determining inherent vulnerabilities in the law, and recommending the necessary legislative or executive measures.

The JCOCSP shall be composed of five (5) senators and five (5) representatives to be appointed by the Senate President and House Speaker, respectively. The JCOCSP shall be co-chaired by the Chairpersons of the Committee on Revisions of Laws of the House of Representatives and the Committee on Women, Children, Family Relations and Gender Equality of the Senate."

"Section 26. Prohibited Acts and Penalties. - (a) Any person, corporation, entity or agency that refuses or fails to provide the benefits granted to the solo parent in violation of this Act shall suffer the following penalties:

If the offender is a corporation, partnership, organization or any similar entity, the officials and employees who directly participated in the violation/s shall be held liable.

The proper authorities may, after due notice and hearing, also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business that fails to abide by the provisions of this Act.

If the offender is a foreigner, the foreigner shall be deported immediately after service of sentence without further deportation proceedings.

(b) Any person who misrepresents status or falsifies any document to avail of the benefits, ot cause another person to avail or be denied of the benefits provided under this Act, or any person who abuses the privileges and benefits granted herein shall be punished with a fine of not more than Fifty thousand pesos (P50,000.00) and imprisonment of not less than six (6) months but not more than one (1) year, or both, at the discretion of the court.

When the offender or the person responsible for the offenses punishable under paragraphs (a) and (b) of this section is a public officer or employee as defined in Executive Order No. 292, or the 'Administrative Code of 1987', and the offense was committed in the exercise of official duties, such officer or employee shall suffer the penalty of removal from office and perpetual disqualification from holding public office, in addition to the penalty provided in the preceding paragraph.

The penalties under this Act shall be without prejudice to the imposition of higher penalties existing under other laws."

"Section 27. Implementing Rules and Regulations. - Within ninety (90) days from the approval of this Act, the Secretary of Social Welfare and Development shall, in consultation and coordination with the members of the IACMC, as provided for under Section 24 of this Act, issue the necessary rules and regulations for the effective implementation of this Act."

"Section 28. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the budget of the concerned government agencies in the General Appropriations Act (GAA).

"Section 31. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.