[ REVISED IRR OF REPUBLIC ACT NO. 8972 AS AMENDED BY REPUBLIC ACT NO. 11861, September 29, 2022 ]
REVISED IMPLEMENTING RULES AND REGULATIONS (RIRR) OF REPUBLIC ACT NO. 8972 (R.A. NO. 8972) OR THE "SOLO PARENTS WELFARE ACT OF 2000" AS AMENDED BY REPUBLIC ACT NO. 11861 (R.A. NO. 11861) OR THE "EXPANDED SOLO PARENTS WELFARE ACT"
ARTICLE I
GENERAL PROVISIONS
Section 1. Title. - These rues and regulations shall be known as cited as the Revised Implementing Rules and Regulations (RIRR) of Republic Act No. 8972 (R.A. No. 8972) or the "Solo Parents Welfare Act of 2000", as amended by Republic Act No. 11861 (R.A. No. 11861) or the "Expanded Solo Parents Welfare Act".
Section 2. Purpose. - These Revised IRR are promulgated pursuant to Section 24 of R.A. No. 11861 to prescribe the procedure and guidelines for the effective implementation of the "Expanded Solo Parents Welfare Act".
Section 3. Construction. - These Revised IRR shall be liberally construed in favor of the solo parent and applied in accordance with and in furtherance of the policy and objectives of the law and in favor of equity and compassionate social justice. In case of conflict and/or ambiguity, which may arise in the implementation of these Revised IRR, the concerned agencies shall issue the necessary clarification.
ARTICLE II
DECLARATION OF POLICIES AND OBJECTIVES
Section 4. 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, arising standard of living and an improved quality of life. The State shall also promote social justice in all phases of national development, value of dignity of every human person and guarantee full respect for human rights. Towards these ends, the government shall:
a. Support the natural and primary rights and duty of solo parents in rearing their children by providing for their basic needs, and extending to them assistance in social services and welfare benefits, with the end in view of uplifting their status and circumstances;
b. Adhere to international agreements and national laws on families.
Section 5. Objective. - These Revised IRR seek to clarify the scope and application of the Act in order that the proper parties may avail of its additional benefits.
ARTICLE III
DEFINITION OF TERMS
Section 6. Definition of Terms. - As used in theses Revised IRR, the following terms shall mean as follows:
a. "Act" - refers to R.A. No. 11861 or the "Expanded Solo Parents Welfare Act";
b. "Adolescent parents" - refer primarily to men and women, who are nineteen (19) years of age and below, who have a children and opt to parent and raise the child or children on his/her own;
c. Adoptive parent" - refers to a person who, through adoption, is considered the legitimate parent of a child over whom he/she has parental authority. In order for an individual to become an adoptive parent, he/she must complete all the legal requirements and must have been decreed as qualified to adopt a child by the court, pursuant to Republic Act No. 8552 (R.A. No. 8552) or the "Domestic Adoption Act of 1998"; or by the National Authority for Child Care (NACC), pursuant to Republic Act No. 11642 (R.A. No. 11642) or the Domestic Alternative Adoption and Alternative Child Care Act";
d. "Baby's milk" - refers to breastmilk substitute, defined as any food being marketed or otherwise represented as partial or total replacement for breastmilk, whether suitable for that purpose. Infant formula is a breastmilk substitute formulated industrially in accordance with applicable Codex Alimentarius standards, to satisfy the normal nutritional requirements of infants up to six (6) month of age and adopted to their physiological characteristics, pursuant to the Implementing Rules and Regulations of Republic Act No. 10028 (R.A. No. 10028) or the Expanded Breastfeeding Act, Executive Order No. 51, series of 1986 and its Revised Implementing Rules and Regulations issued as Administrative Order No. 2006-0012;
e. "BIR" - refers to the Bureau of Internal Revenue;
f. "Child-minding center" - refers to a facility or an area within the workplace or in accessible locations to the solo parent or workplace of the guardian provided by the employer where the solo parent employee's child, children, or dependent/s who are aged seven (7) years old and below is/are habitually received for purposes of care and supervision during working hours;
g. Children or dependents" - refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and twenty-two (22) years old or below, or those over twenty-two (22) years old but are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; Provided, that children or dependent/s entitled to be supported beyond the age of majority shall be limited to those who are in school or in training for some profession, trade or vocation, consistent with and as provided in Article 194 of Executive Order No. 209 (E.O. No. 209), or The Family Code of the Philippines; Provided, further, That this definition shall only apply for purposes of availing of the benefits under this Act;
h. Cohabitation" - refers to a living arrangement whereby a couple who is not married, is living together in the same household. Couples in such living arrangement may be of the same or different gender;
i. "CHED" - refers to the Commission on Higher Education;
j. "CSC" - refers to the Civil Service Commission'
k. "DepEd" - refers to the Department of Education;
l. "DILG" - refers to the Department of the Interior and Local Government;
m. "DMW" - refers to the Department of Migrant Workers;
n. "DOF" - refers to the Department of Finance;
o. "DOH" - refers to the Department of Health;
p. "DOLE" - refers to the Department of Labor and Employment;
q. "DSWD" - refers to the Department of Social Welfare and Development;
r. "DTI" - refers to the Department of Trade and Industry;
s. "Flexible working schedule" - also known as flexitime or gliding schedule refers to a work arrangement granted to a solo parent employee, whether private or public, to vary the arrival and departure time in the workplace without affecting the core work hours as defined by the employer, or agreed upon by the solo parent employee and his/her employer;
t. "Foster parent" - refers to a person who is duly licensed by the Department of Social Welfare and Development or the NACC to provide foster care to a child or children;
u. "Legal guardian" - refers to a person granted legal guardianship over the person or property, or both, of a minor or an incompetent, by a court of proper jurisdiction;
v. "LGU" - refers to the local government unit which includes the province, city, municipality, or barangay;
w. "Means-tested" - refers to the determination whether a solo parent has no visible means of income, or his/her income is otherwise insufficient to enable the solo parent to provide sole parental care and support to a child, children, or dependent/s owing to the demands for subsistence of his/her family and the conditions prevailing in the place of residence;
x. "NEDA" - refer to the National Economic and Development Authority;
y. "NHA" - refers to the National Housing Authority;
z. "Parental care and support" - refer to the acts of nurturing and providing for the basic needs, health care, mental and physical safety, emotional support, and development of the personality of the child, children, or dependent/s, and do not depend solely on the financial capability of or support given by the person obligated to a support;
aa. "Parental leave" - refers to leave benefits granted to a solo parent to enable the performance of parental duties and responsibilities where physical presence is required or beneficial to the child or children;
bb. "PAO" - refers to the Public Attorney's Office;
cc. "PCW" - refers to the Philippine Commission on Women;
dd. "Pension-tested" - refers to the determination whether a solo parent is not receiving any person, retirement benefits or payout, or his/her pension, retirement benefits or payout is otherwise insufficient to enable the solo parental care and support to a child, children, or dependent/s owing to the demands for subsistence of his/her family and the conditions prevailing in the place of residence;
ee. "PSA" - refers to the Philippine Statistics Authority;
ff. "PhilHealth" - refers to the Philippine Health Insurance Corporation;
gg. "Relative within the fourth civil degree of consanguinity or affinity" - "consanguinity" refers to relationship by blood, "affinity" refers relationship by marriage; "relative within the fourth civil degree" includes one's spouse, parents, grandparents, great-grandparents, great-great-grandparents, children, grandchildren, great grandchildren, great-great grandchildren, uncles, aunts, great-uncles, great-aunts, first cousins by virtue of a blood relationship or marriage;
hh. "Regional Social Worker" - for the purpose of these Revised IRR, refers to a professional who is a graduate of bachelor of Science in Social Work, duly licensed by the Professional Regulations Commission as such, pursuant to Republic Act No. 4373 (R.A. No. 4373) or An Act to Regulate the Practice of Social Work and the Operation of Social Work Agencies in the Philippines and for other Purposes, who works with the poor, persons in vulnerable situations and marginalized households and communities such as the solo parent sector;
ii. "Solo Parent Identification Card" - refers to the Solo Parent Identification Card (SPIC) issued to the solo parent as his/her competent proof of identification and the primary evidence of his/her status as a solo parent to enable him/her to avail of the benefits under this Act;
jj. "SPD" - refers to the Solo Parents Division'
kk. SPO" - refers to the Solo Parents Office;
ll. "Spouses" - refers to a husband or wife by virtue of a valid marriage or a partner in a common-law relationship as defined in Article 147 of Executive Order No. 209, otherwise known as "The Family Code of the Philippines";
mm. "Subsidy-tested" - refers to the determination whether a solo parent is not receiving any form of aid, support, grant, or appropriation, in cash or kind, from the government or a private entity, or his/her aid, support, grant, or appropriation. In cash or kind, from the government or a private entity is otherwise insufficient to enable the solo parent to provide sole parental care and support to a child, children or dependent/s owing to the demands for subsistence of his/her family and the conditions prevailing in the place of residence;
nn. "TESDA" - refers to the Technical Education and Skills Development Authority; and
oo. "Telecommuting" - refers to a work arrangement that allows an employee to work from an alternative workplace, in whole or in part, with the use of telecommunication and/or computer technologies.
ARTICLE IV
CRITERIA, QUALIFICATION AND CATEGORIES OF SOLO PARENTS
Section 7. Criteria for Assistance. - Any solo parent whose income in the place of residence is equal to or below the poverty threshold as set by the PSA and subject to the assessment of the duly appointed or designated social 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 5, 6, 7, 8, 9, 10 and 11 of the Act.
Section 8. Qualifications of Solo Parent. - A solo parent seeking benefits other than those provided for under Article V of these Revised IRR shall be qualified based on the following:
a. A resident of the place where the assistance is sought, as certified by the barangay chairperson, or his/her duly authorized representative: Provided, That if the solo parent is a transferee from another barangay, he/she shall secure a clearance from his/her previous barangay, indicating whether he/she has availed of any benefits for solo parents, and the nature of such benefits;
b. With an income level equal to or below the poverty threshold as determined by the PSA and assessed by a social worker as provided for in these Revised IRR;
Section 9. Eligibility Assessment. - An applicant who demonstrates the need for assistance under the Act is subject to the objective and thorough assessment by a social worker at the City/Municipal Social Welfare and Development Office. The assessment, based on the comprehensive package of social protection services for solo parents and their families, shall cover, but not limited to, the following
a. Determination of the applicant's category as defined in the next succeeding paragraphs of these Revised IRR;
b. Evaluation of the needs of the applicant and his/her children as the bases for the provision of the appropriate services and interventions;
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 10. SPIC and Booklet. - The SPO of the province or city, or the SPO of the municipality shall review and verify the documents submitted by the applicant and shall issue the SPIC and booklet, within seven (7) working days from receipt of the complete documents.
The SPIC and booklet shall be valid for one (1) year, subject to renewal conditioned upon the assessment and evaluation of the solo parent by the social worker.
The SPIC shall include the following particulars:
(a) On its frontal side:
(1) The full name (first, middle and last name) of the solo parent
(2) Date and place of birth of the solo parent
(3) Residence address of the solo parent
(4) Solo parent category
(5) Photograph of the solo parent taken at the C/MSWDO at the time of application or renewal of the SPIC
(6) Signature and/or thumbprint of the solo parent
(7) Validity period of the SPIC
(b) On its dorsal side:
(1) Name/s, birth date/s, and relation to the solo parent of the qualified children and/or dependents
(2) Signatures, names, and designations of City/Municipal Mayor and of the Head Social Worker of the C/MSWDO
(3) At the option of the solo parent, his/her contact details may be indicated.
Section 11. Procedure for issuance of the Solo Parent Identification Card. - Any person who applies for a SPIC under this Act shall observe the following process:
a. Visit the Social Welfare and Development Office of the city or municipality of his/her residence to manifest the need for assistance;
b. Fill up application form for the assistance, supplying but not limited to, the following:
1. Name, age, and residence address
2. Date and place of birth
3. Information about employment, amount of and source/s of income, pension, or subsidy, when applicable;
4. Information about children, including names of qualified children, ages, if in school, name of school and grade level, if with disability. Persons with Disability card or any proof of mental or physical disability that prevents the child/children from taking care of themselves.
5. Circumstances of being a solo parent and submission of the documentary requirements for the applicable category, set forth in Sections 12 and 13 of these Revised IRR.
c. Undergo the necessary assessment process conducted by the assigned social worker who shall prepare the social case study report based on the information/data/documents provided for by the applicant, as well as on the social worker's assessment of said applicant, indicating therein the appropriate services needed.
The social Case Study Report, together with a referral letter prepared by the social worker, shall be forwarded by the City/Municipal Social Welfare and Development Office to the concerned agency which provides the appropriate or required assistance/service.
d. Prior to the issuance of the SPIC, the SPO or the SPD, shall require the applicant solo parent to attend the Solo Parents Orientation Seminar to apprise him/her of the rights, duties, and obligations as a solo parent, including the benefits, assistance, and services available to him/her. The solo parent who has attended the seminar shall be given a Certificate of Attendance.
e. 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, within seven (7) working days from receipt of the complete documents.
f. In case of dispute, the Municipality/City/Provincial Social Welfare and Development Office (M/C?PSWDO), as the case may be, shall resolve the same, which may include notifying the applicants to comply with the requirements within five (5) working days.
Section 12. Catergories of Solo Parent. - A solo parent refers to any individual who falls under any of the folowing categories:
a. A parent who provides solo parental care and support of the child or children due to:
(1) Birth of a child or children as a consequence of rape, even without a final conviction of the offender; Provided, That the mother has the sole parental custody, care and is the sole support of the child or children: Provided, further, that the mother under this category may still be considered a solo parent under any of the categories in this section.
(2) Death of his/her spouse;
(3) Detention of his/her spouse for at least three (3) months or service of sentence for a criminal conviction;
(4) Physical or mental incapacity of his/her spouse as certified by a public or private medical practitioner: Provided. That the physical or mental incapacity of the spouse prevents him/her from performing his/her parental duty;
(5) Legal separation or de facto separation from his/her spouse for at least six (6) months and the solo parent is entrusted with the solo parental care and support of the child or children;
(6) Declaration of nullity or annulment of marriage as decreed by a court recognized by law, or due to divorce, subject to existing laws, and the solo parent is entrusted with the solo parent is entrusted with solo parental care and support of the child or children; or
(7) Abandonment by the spouse for at least six (6) months;
b. A spouse or any family member of an OFW, as defined in item (e) of this Section, of an Overseas Filipino Worker (OFW), or the guardian of the child or children of an OFW: Provided, that the said OFW belongs to the low or semi-skilled worker category, and is away from the Philippines for an uninterrupted period of twelve (12) months: Provided, further, that the OFW, his/her spouse, family member or guardian of the child, or children of an OFW, belongs to low or semi-skilled worker category, subject to the assessment of the duly appointed or designated social worker;
c. An unmarried mother or father who keeps and rears his/her child or children;
d. Any legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children;
e. Any relative within the fourth (4th) civil degree of consanguinity or affinity of the parent or legal guardian whose death, or disappearance, absence or abandonment of the child or children, for at least six (6) months, led to the said relative assuming solo parental care and support of the child or children: Provided, That in case of solo grandparents who are senior citizens and who have the sole parental care and support over their grandchild or grandchildren who are unmarried, or unemployed, and twenty-two (22) years old or below, or those twenty-two (22) or over but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition, Provided, further, That the child or children entitled to be supported beyond the age of majority shall be limited to those who are in school or in training for some profession, trade or vocation, consistent with and as provided in Article 194 of Executive Order No. 209 (E.O. No. 209), or The Family Code of the Philippines; The solo grandparents shall be entitled to the benefits of this Act in addition to the benefits granted to them by Republic Act No. 9994 (R.A. No. 9994) or the "Expanded Senior Citizens Act of 2003"; or
f. A pregnant woman who provides sole parental care and support for her unborn child or children.
Section 13. Documentary requirements for the issuance of the SPIC. - 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 of the place where the solo parent resides:
a. For the solo parent with child or children as a consequence of rape falling under Section 4(a)(1) of this Act:
(1) Birth certificate/s of the child or children.
(2) Complaint affidavit.
(3) Medical record on the incident of rape.
(4) Sworn affidavit declaring that the solo parent has the sole parental care and support of the child or children at the time of the execution of affidavit: Provided, That for purposes of issuance of subsequent SPIC and booklet, only the sworn affidavit shall be submitted every year; and
(5) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
b. For the solo parent on account of the death of the spouse falling under Section 4(a)(2) of this Act:
(1) Birth certificate of the child or children.
(2) Marriage certificate.
(3) Death certificate of the spouse.
(4) Sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent, and has the sole parental care and support of the child or children: Provided, That for purposes of issuances of subsequent SPIC and booklet, only the sworn affidavit shall be submitted every year; and
(5) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
c. For the solo parent on account of the detention or criminal conviction of the spouse falling under Section 4(a)(3) of this Act:
(1) Birth certificate/s of the child or children.
(2) Marriage certificate.
(3) Certificate of detention or a certification that the spouse is serving sentence for at least three (3) months issued by the law-enforcement agency having actual custody of the detained spouse or commitment order by the court pursuant to a conviction of the spouse.
(4) Sworn affidavit declaring that the solo parent is not collaborating with a partner or co-partner, and has sole parental care and support of the child and children: Provided, That for purposes of issuance of subsequent SPIC and booklet, requirement numbers (3) and (4) under this paragraph shall be submitted every year; and
(5) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
d. For solo parent on account of physical or mental incapacity of the spouse falling under Section 4(a)(4) of this Act:
(1) Birth certificate/s of the child or children.
(2) Marriage certificate or affidavit of cohabitation.
(3) Medical records, medical abstract, or a certificate of confinement in the National Center for Mental Health or any medical hospital or facility as a result of the spouse's physical or mental incapacity, which record, medical abstract or certificate of confinement of the incapacitated spouse should have been issued not more than three (3) months before the submission, or a valid Person With Disability ID issued pursuant to Republic Act No. 10754 and Republic Act No. 7277, or the Magna Carta for Disabled Persons;
(4) Sworn affidavit that the solo parent is not cohabiting with a partner or co-parent and has sole parental care and support of the child or children: Provided, That for purposes of issuance of subsequent SPIC and booklet, requirement numbers (3) and (4) under this paragraph shall be submitted every year; and
(5) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
e. For the solo parent on account of legal or de facto separation of spouse falling under Section 4(a)(5) of this Act:
(1) Birth certificate/s of the child or children.
(2) Marriage certificate.
(3) Judicial decree of legal separation of the spouses or, in the case of de facto separation, an affidavit of two (2) disinterested persons attesting to the fact of separation of the spouses; and
(4) Sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent, and has sole parental care and support of the child or children: Provided, That for purposes of issuance of subsequent SPIC and booklet, requirement numbers (3) and (4) under this paragraph shall be submitted every year; and
(5) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
f. For the solo parent on account of declaration of nullity or annulment of marriage or divorce falling under Section 4(1)(5) of this Act:
(1) Birth certificate/s of the child or children.
(2) Marriage certificate, annotated with the fact of declaration of nullity of marriage or annulment of marriage.
(3) Judicial decree of nullity or annulment of marriage or judicial recognition of foreign divorce.
(4) Sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent and has sole parental care and support of the child or children: Provided, That for purposes of issuance of subsequent SPIC and booklet, only the sworn affidavit shall be submitted every year; and
(5) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
g. For the solo parent on account of abandonment by the spouse falling under Section 4(a)(7) of this Act:
(1) Birth certificate/s of the child or children.
(2) Marriage certificates or affidavit of the applicant solo parent.
(3) Affidavit of two (2) disinterested persons attesting to the fact of abandonment of the spouse.
(4) Police or barangay record of the fact of abandonment.
(5) Sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent, and has sole parental care and support of the child or children: Provided, That for purposes of issuance of subsequent SPIC and booklet, only sworn affidavit shall be submitted every year; and
(6) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
h. For the spouse or any family member of an OFW falling under Section 4(b) of this Act:
(1) Birth certificate/s of dependents.
(2) Marriage certificate, if the applicant is the spouse of the OFW, or birth certificate or the other competent proof of the relationship between the applicant and the OFW, if the applicant is a family member of the OFW.
(3) Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC) or its equivalent document.
(4) Photocopy of the OFW's passport with stamps showing continuous twelve (12) months of overseas work, or a certification from the Bureau of Immigration.
(5) Proof of income of the OFW's spouse or family member.
(6) Sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent and has sole parental care and support of the child or children: Provided, That for purposes of issuance of subsequent SPIC and booklet, requirement numbers (3), (4), (5), and (6) under this paragraph shall be submitted every year; and
(7) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
i. For the unmarried father or mother who keeps and rears the child or children falling under Section 4(c) of this Act:
(1) Birth certificate/s of the child or children.
(2) Certificate of No Marriage (CENOMAR).
(3) Sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent and has sole parental care and support of the child or children: Provided, That for the purposes of issuance of subsequent SPIC and booklet, requirement numbers (2), (3) and (4) under this paragraph shall be submitted every year; and
(4) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
j. For the solo parent who is a legal guardian, adoptive or foster parent falling under Section 4(d) of this Act:
(1) Birth certificate/s of the child or children.
(2) Proof of guardianship, such as the decision granting legal guardianship issued by a court; proof of adoption, such as the decree of adoption issued by a court, or order of Adoption issued by the DSWD or the National Authority on Child Care (NACC); proof of foster care such as the Foster Parent License issued by the DSWD or the NACC.
(3) Sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent and has sole parental care and support of the child or children: Provided, That for purposes of issuance of subsequent SPIC and booklet, requirement number (3) and (4) under this paragraph shall be submitted every year; and
(4) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent.
k. For any relative within fourth (4th) civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support of the child or children falling under Section 4(e) of this Act:
(1) Birth certificate/s of the child or children.
(2) Death certificate, certificate of incapacity, or judicial declaration of absence or presumptive death of the parents or legal guardian; police or barangay records evidencing the fact of disappearance or absence of the parent or legal guardian for at least six (6) months.
(3) Proof of relationship of the relative to the parent or legal guardian, such as birth certificate, marriage certificate, family records, or other similar or analogous proof of relationship.
(4) Sworn affidavit declaring that the solo parent has sole parental care and support of the child or children: Provided, That for purposes of issuance of subsequent SPIC and booklet, requirement numbers (3) and (4) under this paragraph shall be submitted every year; and
(5) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay and that the child or children is/are under the parental care and support of the solo parent; and
l. For the solo parent who is a pregnant woman falling under Section 4(f) of this Act:
(1) Medical record of her pregnancy.
(2) Affidavit of a barangay official attesting that the solo parent is a resident of the barangay; and
(3) Sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent who is providing support to the pregnant woman.
m. For the solo parent availing subsidy and discounts provided for under Section 15, paragraphs (1) and (2) of this Act, the following additional documentary requirements shall be submitted:
(1) Affidavit of no employment.
(2) Income Tax Return (ITR) or similar tax returns.
(3) Social case study issued by the C/MSWDO; or
(4) Any verifiable proof of income or Certificate of Indigency.
Custodians of the documents, records, data, or information shall ensure that utmost confidentiality of the same, in compliance with Republic Act No. 10173 (R.A. No. 10173), or the "Data Privacy Act of 2012".
Section 14. 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 Act through the following:
a. The solo parent may go to the agency providing such benefit, bringing with her/him the SPIC issued by the City/Municipal Social Welfare and Development Office.
b. Undergo the necessary qualifying process required by the agency as prescribed by these Revised IRR; and
c. Comply with the requirements set forth by the agency/agencies providing the benefits and services subject to the existing rules and regulations of the concerned agency/agencies.
ARTICLE V
BENEFITS
Section 15. 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 DSWD in coordination with the heads of the DOH, DepEd, CHED, TESDA, DOLE, DOF, DMW, DOJ, NHA, DILG, DTI, BIR, CSC, PhilHealth, NEDA, PCW, Union of Local Authorities of the Philippines (ULAP), and LGUs and other concerned government agencies, civil society organizations, and nongovernmental organizations (NGOs), with recognized credentials in providing services for solo parents.
Section 16. DSWD services. - The DSWD shall coordinate with the concerned agencies, which shall include providing technical assistance and resource augmentation, in the implementation of the comprehensive package of social protection services for solo parent and their families. The package shall initially include:
a. Livelihood development services, which include training on livelihood skills, basic business management, value orientation, and the provision of seed capital or job placement governed by the procedure of the agency giving such benefits. The criteria and procedure for evaluation of beneficiaries for the purposes of availing of the benefits of this item shall be provided for by the LGus, DOLE, TESDA, DTI, and DSWD.
b. Provision of medical, burial, educational, or transportation assistance to individuals in crisis situations, based on the existing program guidelines of the Assistance to Individuals in Crisis Situations (AICS).
c. Counseling services, which include individual, peer group or family counseling. The criteria and procedure for evaluation of beneficiaries for the purposes of availing of the benefits of this item shall be provided for by the DSWD.
d. 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 and proper nutrition, rights and duties of parents and children;
e. Provision of critical incidence stress debriefing of the DOH, which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.
f. Targeted interventions for individuals in need of special protection which include temporary shelter, counseling, legal advice and assistance, medical care, self-concept or ego-building, crisis management, sexual and reproductive health, and spiritual nourishment in coordination with other government agencies, civil society organizations, and non-governmental organizations with recognized credentials in providing services for solo parents; and
g. Legal Assistance for solo parents and their child, children, or dependents, in line with the standard procedures of the Commission on Human Rights (CHR), the PAO and the Integrated Bar of the Philippines (IBP), non-government organizations and law school with legal aid clinics, which provide free legal assistance to indigents, vulnerable and marginalized groups, including solo parents.
Section 17. TESDA Services. - The TESDA shall provide the following services for solo parents and their families:
a. Facilitate the conduct of skills training to all qualified beneficiaries either through school-based, center-based, community-based, or enterprise-based program modality subject to the availability of funds and in line with the TESDA's rules and regulations on Technical Vocational Education and Training (TVET) scholarship programs.
b. Conduct assessment and issue a corresponding Certificate of Competency (COC) to those who achieve the required units of competency, or a National Certificate (NC) to successful beneficiaries, in line with the TESDA's rules and regulations on Certification and Assessment; and
c. Give priority to the beneficiaries endorsed by the Solo Parent Office (SPO) or the Solo Parent Division (SPD).
Section 18. Participating Agencies. - The DOH, DepEd, CHED, DOLE, DOF, DMW, DOJ, NHA, DILG, DTI, BIR, CSC, PhilHealth, NEDA, and PCW shall formulate their respective programs and services for solo parents in line with the comprehensive package of social protection services as well as promulgate their respective rules and regulations for the proper implementation of the programs and services, within a reasonable time after the effectivity of these Revised IRR.
Section 19. Flexible Working 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 from the above requirements from the DOLE on certain meritorious grounds.
In the case of employees in the government service, flexible working hours will be subject to the discretion of the head of the agency. In no case shall the employee's working hours be less than forty (40) hours of work per week. The agency shall ensure that the public is assured of the continuous service of the agency from 8 o'clock in the morning to 5 o'clock in the afternoon, to include lunch breaks on all working days.
Section 20. Telecommuting. - An employer in the private sector may offer a telecommuting program to its employees on a voluntary basis, and upon such terms and conditions as they may mutually agree upon, pursuant to Republic Act No. 11165 (R.A. No. 11165), or the "Telecommuting Act," and its Implementing rules and regulations. Provided, That such terms and conditions shall not be less than the minimum labor standards set by law: Provided, further, That solo parent employees shall be given priority by their employer.
The CSC shall promulgate guidelines on telecommuting for government employees, upon such term and conditions that shall be beneficial to them, giving priority to solo parents workings in the public sector.
Section 21. Work Discrimination. - No employer, whether public or private, shall discriminate against solo parent employee with respect to employment terms and conditions on account of his/her status.
Section 22. Paternal Leave. - In addition to leave privileges under existing 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 working in the private or public sector, who has rendered service of at least six (6) months, regardless of employment status: Provided, that a valid SPIC is the only requirement to avail of parental leave by qualified solo parents.
A solo parent kasambahay shall also be entitled to the seven-day parental leave benefits, provided that they have rendered service of at least six (6) months to the same employer.
Section 23. Conditions for Entitlement of Parental Leave. - Solo parents shall be entitled to parental leave provided that:
a. They have rendered at least six (6) months of service, whether continuous or interrupted, at the time of the effectivity of the Act.
b. They have notified his/her employer of the availment thereof within a reasonable time; and
c. They have presented a valid SPIC.
Section 24. Non-conversion of Parental Leave. - In the event that the parental leave is not availed of, said leave shall be convertible to cash unless specifically agreed upon previously by the employer and the employee.
Section 25. Crediting of Existing Leave. - If there is an existing or similar benefit under a company policy, or a collective bargaining agreement (CBA) or collective negotiation agreement (CNA) the same shall be created as such.If the same is greater that seven (7) days provided for in the Act, the greater benefit shall prevail.
Emergency or contingency leave provided under a company policy, or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under the Act and these Revised IRR.
Section 26. Educational Benefits. - The DepEd, CHED, and TESDA shall provide scholarship programs for solo parents and a full school scholarship, for one (1) child of a solo parent in institutions of basic, higher, and technical vocational skills 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 (R.A. No. 10687), or the "Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act"; Republic Act No. 10931 (R.A. No. 10931), or the "Universal Access to Quality Tertiary Education Act"; and other law relating to the 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 twenty-two years of age or below.
The DepEd, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.
Section 27. Application Procedure. - Without prejudice to the rules and regulations that the DepEd, CHED and TESDA shall promulgate for the proper implementation of this program, a solo parent applicant for educational benefits shall:
a. Secure an application form from the DepEd, CHED or TESDA for their intended education program
b. Submit the duly accomplished application form together with the required documents to the appropriate agency.
c. The following are the documents required to be attached to the application form:
1. SPIC
2. Barangay Clearance of the solo parent
3. Certificate of Live Birth, if the applicant is the child of the solo parent
4. Notice of admission from the school of the applicant
5. Original or Certified True Copy of the transcript of record, or the Report Card of the last year the applicant attended school, and
6. Such other documentary requirements that the DepEd, CHED or TESDA may require in accordance with the rules and regulations that they shall promulgate to implement this program.
Section 28. Medical Assistance. - The DOH shall ensure access to package of primary care services for solo parent and their children through the retained hospitals and medical centers, and the LGUs through their provincial/district/city/municipal hospitals and rural health units (RHUs).
Section 29. 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 30. Employers to Establish and Maintain Child-Minding Centers. - National government agencies with more than three hundred (300) employees, including government-owned and controlled corporations (GOCCs), and private employers with two hundred (200) or ore employees, may establish child minding centers to accommodate their employees' children who are aged seven (7) years and below.
The child-minding centers shall be available free of charge to their employees, with priority given for those who are solo parents as defined under this Act. This service shall be provided within the workplace, as much as possible, or in accessible locations to the employees, particularly the solo parents.
Section 31. Breastfeeding in the Workplace. - The DOLE and the CSC shall continue to encourage all nursing working mothers, including solo parents, to practice breastfeeding in the workplace, in keeping with the policy of the State under R.A. No. 10028, its Implementing Rules and Regulations, and other related issuances.
Employers, both in the private and public sectors, shall allocate space in all work establishments that is conducive, safe, and sufficient for the establishment of lactation stations for the use of nursing mothers, unless exempted from setting up a lactation station.
Employers shall give breastfeeding mothers additional breaks in addition to the regular time-off for meals to express their breast milk, and that nursing mothers shall continue to be entitled to such breaks to express breast milk for a year after the birth of a child, or until such time that the mother is lactating.
Employers shall provide the abovementioned support mechanisms for nursing mothers to express their breast milk for the period of at least one year after the birth of her child or children, or until such time that the mother is still lactating.
Section 32. Social Safety Assistance. - During disasters and calamities as declared by the National Disaster Risk Reduction and Management Council (NDRRMC), or pandemics and other public health crises as declared by the DOH, the solo parent and their children shall be entitled to social safety assistance such as food, medicines, and financial aid for house repair from the LGUs where the solo parents and their children are residing. The LGUs shall ensure that the budget for social safety assistance is included in the calamity funds of the LGUs in accordance with Republic Act No. 7160 (R.A. No. 7160) or the Local Government Code of 1991.
ARTICLE VI
ADDITIONAL BENEFITS
Section 33. Additional Benefits. - A solo parent shall be entitled to the following additional benefits:
a. Means-, pension-, and subsidy-tested monthly cash subsidy of One Thousand Pesos (P1,000.00) per month per solo parent who is earning a minimum wage and below, to be allocated by the concerned city or municipal government in accordance with Section 17(b)(2)(iv) of the Local Government Code: Provided, That for fifth (5th) class municipalities and lower, as well as the five hundred (500) municipalities with the highest poverty incidence based on the latest municipal-level small area poverty estimates, cash subsidy allocations may be taken from the Gender and Development (GAD) budget and the amount of cash subsidy per recipient shall be dependent on the GAD budget: Provided, further, That the solo parent under this section is not a recipient of any other cash assistance or subsidy from any other government programs: Provided, finally, That a beneficiary who is also a senior citizen or a person with disability may continue receiving senior citizen or person with disability benefits without forfeiting the benefits under this Act.
The DILG shall provide the rules and regulations on the allocation of the funds and distribution of the P1,000 additional benefit to solo parents in accordance with the Local Government Code.
b. A ten percent (10%) discount and exemption from the value-added tax (VAT) on baby's milk, food and micronutrient supplements, and sanitary diapers purchased, duly prescribed medicines, vaccines, and other medical supplements purchased from the birth of the child or children until six (6) years of age, where the solo parent is unemployed or is earning less than two hundred fifty thousand pesos (P250,000.00) annually, subject to adjustment in accordance with the provisions on the exempt taxable income under the National Internal Revenue Code (NIRC), as amended by Republic Act No. 10963 (R.A. No. 10963) or as the "Tax Reform for Acceleration and Inclusion (TRAIN Law): Provided, that nothing in this section shall violate the provisions of R.A. No. 10028.
The purchase of baby's milk, food and micronutrient supplements, and sanitary diapers as well as medically prescribed medicines, vaccines, and other medical supplements from drug stores, pharmacies, grocery stores, and similar establishments, for the exclusive use and enjoyment of a child until sic (6) years of age, shall be subject to guidelines that shall be issued by the DOH within thirty (30) days from the effectivity of these Revised IRR, in coordination with the Food and Drug Administration (FDA), PhilHealth and DILG, and subject to a regular review as deemed necessary.
The establishment may claim the discounts provided herein as tax deductions based on the cost of the goods sold; Provided that the cost of discount shall be allowed as deduction from the gross income for the same taxable year that the discount is granted; Provided further, that the total amount of claimed tax deduction net of VAT, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the NIRC, as amended.
For this purpose, the DOF through the BIR shall issue the appropriate Revenue Regulations on the 10 percent (10%) discount and VAT exemption within thirty (30) days from the effectivity of these Revised IRR.
c. Automatic coverage under the National Health Insurance Program (NHIP) administered by the PhilHealth with the solo parent's premium contributions to be paid by the National Government: Provided, That the solo parent's premium contribution in the formal economy shall be shared equally by the solo parent's employers and the National Government.
The PhilHealth shall promulgate rules and regulations beneficial to solo parents and their children for the proper implementation of this provision.
d. Prioritization of solo parents in reentering the workforce, and their children as applicable, in apprenticeships, scholarships, livelihood training, reintegration programs for OFWs, employment information and matching services, and other poverty alleviation programs of the TESDA, DTI, CHED, DepEd, DOLE, DMW, and other related government agencies, subject to the standard eligibility and qualifications; and
e. Prioritization and allocation in housing projects with liberal terms of payment on government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the Philippine Statistics Authority (PSA).
The NHA shall make available housing units to solo parents in its housing project subject to existing disposition policies or may refer them to other housing projects, as appropriate.
Section 34. Presentation of the SPIC to avail of additional benefits. - To avail of the additional benefits under this section, the solo parent shall present his/her SPIC. In availing of the additional benefits under paragraph (b) of this section, the solo parent booklet shall also be presented, in addition to the SPIC.
ARTICLE VII
LIMITATION AND TERMINATION OF THE BENEFITS OF A SOLO PARENT
Section 35. Limitation of the benefits of a Solo Parent. - Only a solo parent exercising sole parental custody, care and support of a child, children, or dependent/s is entitled to claim the benefits of a solo parent under this Rule: Provided, That a solo parent shall not lose his/her status as a solo parent if the other parent 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 the child, children, or dependent/s does not automatically entitle either individual to the benefits under this Act if the factual circumstances demonstrate that parental custody, care and support are shared by the mother and the father.
Section 36. Termination of the benefits of the Solo Parent. - When a solo parent, as defined under this Act cease to be such by reason of a change of status and circumstances, the said solo parent shall be ineligible to avail of the benefits under this Act.
The DepEd, CHED, and TESDA shall issue the guidelines for the ineligible solo parent or the child or children of the ineligible solo parent who is/are receiving education benefits, to allow the ineligible solo parent, or his child or children to continue attending school until completion of the academic year.
The NHA shall likewise issue the guidelines for the availment of housing benefits of the ineligible solo parent who has availed of housing program, to allow the ineligible solo to continue under such terms and conditions reflective of his/her change of status and circumstances.
Section 37. Procedure for Termination of Benefits. - In cases where a solo parent has a change of status or circumstances making him/her ineligible to avail of the benefits of this Act, the procedure for the termination of benefits of such solo parent shall be as follows:
a. A solo parent shall declare his/her intention to continue or terminate the provision of benefits and services before the lapse of one year from the issuance of the SPIC, the Social Welfare Development Office (C/MSWDO) of the LGU which issued his/her SPIC which he/she shall surrender to the said C/MSWDO.
b. If the solo parent does not voluntarily declare his/her intention to continue or terminate the provision of benefits and services before the lapse of one year from the issuance of the SPIC, 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.
c. The solo parent shall be informed of the result of the assessment/evaluation conducted by the Social Worker, including the termination of the benefits or services, if warranted, through a written notice, with proof of receipt of the solo parent. The termination shall take effect immediately upon the receipt of the notice of termination, subject to the provisions of the preceding sectiion. The solo parent whose benefits have been terminated shall not use his/her SPIC after the receipt of the notice of termination, as provided in Section 26 of the Act.
d. The Solo parent's failure to renew his/her SPIC on or before the end of the year of its issuance shall result in the automatic expiration of the SPIC after one (1) year of its issuance.
Section 38. Reinstatement of solo parent's benefits. - The termination of said benefits be without prejudice to the reapplication of the solo parent and resintatement of said benefits should the circumstances so warrant.
Section 39. Relocation of the solo parent and his/her child. - In the event a solo parent decides to relocate with his/her child, children and/or dependent/s, he/she shall inform the C/MSWDO which issued his/her SPIC. The C/MSWDO of the place of origin shall endorse and transmit the solo parent's records to the C/MSWDO of the place of relocation.
It shall be the duty of the C/MSWDO Social Welfare Officer of the place of relocation who received said records, to assign a social worker to monitor the status of the relocated solo parent and his/her child, children and/or dependent/s. Moreover, it shall also be the duty of said officer to coordinate with the concerned agencies of any changes in the status of the solo parent receiving benefits from said agencies.
ARTICLE VIII
SOLO PARENTS OFFICE AND SOLO PARENTS DIVISION
Section 40. The SPO and SPD. - There shall be established a Solo Parent Office (SPO) under the Provincial Social Welfare and Development Office 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 in social work. The heads of the SPO and the SPD who shall hold permanent positions with at least a Salary Grade 12 and Salary Grade 10, respectively, and shall be appointed by the provincial governor or city or municipal mayor, as the case may be.
The SPO shall have at least three (3) staff members with a designation of Social Welfare Officer I, while the SPD shall have at least one (1) staff member who holds a degree in Bachelor of Science in Social Work, regardless of licensure pursuant to Republic Act 4373, otherwise known as the Act to Require the Practice of Social Work and the Operation of Social Work Agencies in the Philippines.
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.
Section 41. Duties of the City/Municipal Socialk Welfare and Development Office (C.MSWDO). - The C/MSWDO, through its social workers, has the following duties:
a. To assess the eligibility of the solo parent applicant.
b. To take charge of the printing of the SPIC and institute proper control on the issuance of such.
c. To monitor the status of the solo parents and their families.
d. To coordinate with the concerned agencies of any changes in the status of the solo parent receiving benefits from said agencies.
e. To conduct orientation seminars for solo parent applicants to apprise them to their rights, duties, and obligations, as well as the benefits, assistance, and service available to qualified solo parents.
Section 42. Solo Parents Help Desk. - A solo parents help desk shall be established in every barangay to render immediate assistance to solo parents and their children.
Section 43. Duty of the Provincial Social Welfare and Development Office (PSWDO). - The PSWDO shall be responsible for the creation of the centralized databse in its jurisidiction, pursuant to Sections 18 and 24 of the Act.
Section 44. Duty of the LGUs. - The LGUs shall submit their lists of solo parents to the DILG on a quarterly basis.
In cases of multiple entries or other badges of fraud, the DSWD shall notify this concerned LGU for its appropriate action.
Section 45. Duties of the SPO or SPD. - The SPO and the SPD shall:
a. Plan, implement, monitor, and evaluate yearly work programs in pursuance of the objectives of this Act.
b. Conduct quarterly validation of solo parents with SPIC to validate their civil status, assess their current situation, and recommend the services required by the solo parent and/or available in the LGU and. The SPO/SPD may utilize the solo parents' federation and associations at the local level in the conduct of the validation/assessment.
c. Draw up a list of available and required services by the solo parents.
d. Maintain and regularly update, on a quarterly basis, the list of solo parents.
e. Issue free SPIC and booklets to qualified solo parents.
f. Serve as a general information and liaison cener, providing information, education and communication (IEC) materials for solo parents for their use or for their children or dependents.
g. Monitor compliance with the provisons of this Act, particularly the grant of privileges and additional benefits.
h. Repor to the governor, mayor or office of the social welfare. any individual, establishment, business entity, institution or agency that violates any provision of the Act.
i. Assist the solo parents in filing the complaints against any individual, establishment, business entity, institution or agency that refuses or fails to provide the privileges and additional benefits of solo parents granted under the Act; and
j. Provide such other services as may be required under the Act.
ARTICLE IX
RECORDING AND MAINTAINING A SOLO PARENTS DATABASE
Section 46. 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 and 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.
The DSWD and DILG shall also coordinate with the Department of Information, Communication and Technology (DICT) in the establishment and maintenance of the centralized database of all solo parents who have been issued SPIC and booklets by the SPOs and SPDs.
ARTICLE X
NATIONAL SOLO PARENTS DAY AND WEEK
Section 47. National Solo Parents' Day and Week. - To commenmorate the role and significance of every solo parent in the Philippines, the third week and third Saturday of April of every yer are hereby declared Solo Parents Week, to be declared in the LGus, and National Solo Parents Day, to be participated by NGAs, respectively.
ARTICLE XI
SPECIAL CITATIONS OF SOLO PARENTS
Section 48. Abused, Abandoned, or Neglected Solo Parents or Solo Parents who are victims of Domestic Violence. - In cases where a solo parent had been abused, abandoned, or neglected by his or her co-parent, he or she may seek the help of the LGU and DSWD Field Offices or Social Welfare Action Desk (SWAD) offices situated in the place where the solo parent resides.
The LGU and the DWSD Field Office or Social Welfare Action Desk officer 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 and in need of immediate and appropriate police assistance.
The LGU and the DSWD Field Office or Social Welfare Action Desk Officer shall assist the abused, abandoned or neglected solo parent in securing lega, psychosocial, and other forms of assistance in the filing of cases of domestic violence or any legal action againts the errant co-parent. Such assistance may include initiating discussion with and mediating betwen the parties, in cases of economic abuse, such as, but not limited to the errant co-parent's failure or refusal to support, or giving inadequate support, despite being gainfully employed and capable of giving support to the parent who has been abused, abandoned, or neglected by the co-parent and who is in need of support for herself and/or for her child and/or children with the co-parent, with the objective of coming to an agreement for the support of the spouse and their common child or children.
Section 49. Special Protection 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 counselling and psycho-social services and from the DepEd, CHED, and TESDA in the form of home-based, in-school, or technical education, as warranted.
ARTICLE XII
INTER-AGENCY COORDINATING AND MONITORING COMMITTEE
Section 50. Inter-Agency Coordinating and Monitoring Committee (IACMC). - An inter-agency coordinating and monitoring commitee is hereby established and shall be composed of the following:
(a) Chairperson - Secretary of DSWD;
(b) Vice-Chairperson - Secretary of DILG
(c) Members:
(1) Secretary of DOF;
(2) Secretary of DOH;
(3) Secretary of DepEd;
(4) Secretary of DOLE;
(5) Secretary of DTI;
(6) Secretary of DOJ;
(7) Secretary of DMW;
(8) Chairperson of CHED;
(9) Chairperson of CSC;
(10) Chairperson of PCW;
(11) Director General of NEDA;
(12) Director General of TESDA;
(13) General Manager of NHA;
(14) President of PhilHealth;
(15) Representative of ULAP; and
(16) Representative of civil society and non-governmental organizations with recognized credentials in providing services to solo parents to be appointed by the Secretary of the DSWD.
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. The Chairperson, Vice-Chairperson, and members of the IACMC, except for numbers (15) and (16), may designate their respective representatives who must have at least the rank of Assistant Secretary or it 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 (R.A. No. 11315), or the "Community-Based Monitoring System Act". The PSA shall conduct every four (4) years an updated demographic survey on solo parents and their children. Further, the IACMC shall act as the oversight committee for the implementation of these IRR.
ARTICLE XIII
JOINT CONGRESSIONAL COMMITTEE ON SOLO PARENTS
Section 51. Joint Congressional Oversight Committee on Solo Parents. - A Joint Congressional Oversight Committee on Solo Parents (JCOCSP) is hereby created 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 also be co-chaired by the Chairperson 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.
ARTICLE XIV
PROHIBITED ACTS AND PENALTIES
Section 52. Prohibited Acts and Penalties. - The following acts are prohibited and shall be penalized accordingly:
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:
1. For the first violation - a fine of not less than Ten Thousand Pesos (P10,000.00) but not more than Fifty Thousand Pesos (P50,000.00) or imprisonment of not less than six (6) months byt not more than one (1) year, or both, at the discretion of the court.
2. For any subsequent violation - a fine of not less than One Hundred Thousand Pesos (P100,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) or imprisonment of not less than one (1) year but not more than two (2) years, or both, at the discretion of the court.
If the offender is a corporation, partnership, organization, or any similar entity, the officials and emploees 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 privleges granted to any business that fails to abide by the provisions of this Act and its IRR.
If the offender is a foreigner, the foreigner shall be deported immediately after the service of the sentence without the need of further deportation proceedings.
b. Any person who misrepresents his/her status or falsifies any document to avail of the benefits, or causes 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 employees 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 employees shall suffer the penalty of removal from office and pepetual disqualification from holding public office, in addition to the penalty provided in the preceding paragrraph: Provided further, That a portion of the fines shall go to the solo parents' funds in the local level.
The penalties under this Act shall be without prejudice to the imposition of higher penalties exissting under other laws.
ARTICLE XV
FINAL PROVISIONS
Section 53. Information Dissemination. - The DSWD, in coordination with the DILG, DepEd, DOH, CHED, TESDA, DOLE, DOF, DMW, DOJ, PAO, NHA, DTI, BIR, PhilHealth, CSC, PCW, Philippine Information Agency (PIA), Government Service Insurance System (GSIS), Social Security Service (SSS), League of Provinces of the Philippines (LPP), League of Cities of the Philippines (LCP), League of Municipalities of the Philippines (LMP), Liga ng mga Barangay (LNB), Sangguniang Kabataan Federation, ULAP, LGUs, CSOs, and NGOs focused on solo parents, and with the media shall disseminate to the public information regarding this Act and its implementation, to ensure that solo parents know their rights, duties and obligations and the available benefits and services to them, as well as to ensure that solo parents are portrayed on mass media truthfully and free from stigma and discrimination.
Section 54. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the budget of the concerned agencies in the General Appropriations Act (GAA).
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 DBM, NEDA, and PCW.
Section 55. Repealing Clause. - All laws, decrees, executive orders, administrative orders, or parts thereof inconsistent with the provisions of the Act are hereby repealed, amended, or modified accordingly.
Section 56. Separability Clause. - If any provision of the Act is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.
Section 57. Transitory provision. - There shall be a period of six (60 months to one (1) year to allow DLG, the LGUs and DBM to identify the funds and establish mechanisms for the allocation and distribution of funds for the additional benefits due to the qualified solo parents.
Section 58. Effectivity Clause. - These Revised IRR shall take effect fifteen (15) days following the publication in the Official Gazette or in a newspaper of general circulation.
Approved this 29th day of September 2022.
ERWIN T. TULFO
Secretary of Social Welfare and Development | ATTY. BENJAMIN D. ABALOS, JR.
Secretary of the Interior and Local Government |
BENJAMIN E. DIOKNO
Secretary of Finance | DR. MARIA ROSARIO VERGEIRE
OIC, Department of Health |
SARA Z. DUTERTE
Secretary of Education | BIENVENIDO E. LAGUESMA
Secretary of Labor and Employment |
ALFREDO E. PASCUAL
Secretary of Trade and Industry | ATTY. JESUS CRISPIN C. REMULLA
Secretary of Justice |
SUSAN V. OPLE
Secretary of Migrant Workers | SR. JO MARK M. LIBRE
Chairperson of Commission on Higher Education |
ATTY. KARLO ALEXEI B. NOGRALES
Chairperson of Civil Service Commission | ATTY. KRISTINE ROSARY E. YUZON-CHAVES
Chairperson of Philippine Commission on Women |
DR. ARSENIO M. BALISACAN
Director General of National Economic and Development Authority | DANILO P. CRUZ
Director General of Technical Education and Skills Development Authority |
JOEBEN TAN
General Manager of National Housing Authority | ATTY. ELI DINO D. SANTOS
OIC, Philippine Health Insurance Corporation |
The Lawphil Project - Arellano Law Foundation
