SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Third Regular Session )
SENATI 18 AUG 15 A936
sBNo 1936

RE
Introduced by SENATOR ANA THERESIA “RISA” HONTIVEROS-BARAQUEL 7

AN ACT AMENDING REPUBLIC ACT 8972 OTHERWISE KNOWN AS THE ACT.
PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR
CHILDREN, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE,

Raising a child is daunting, but raising a child alone carries a specific set of
challenges and difficulties. In 2015, the Philippine Statistics Authority estimated that there
were about three million solo parents — two million of whom were female. The Federation
of Solo Parents has a member base of 80,000.

While significant inroads have been made by virtue of Republic Act No. 8972 or the
Solo Parents’ Welfare Act, there are still many things that need to be done and many
reforms that can still be undertaken to alleviate the plight of solo parents, and to mitigate
the disadvantages that children in solo parent households have to live with.

This bill introduces many innovations:

© Itexpands the definition of solo parents, notably to include spouses of low and semi-
skilled overseas Filipino workers, who are away from the Philippines for an
unbroken period of one (1) year;

* Itprovides discounts to solo parents and their children for medical, educational and
other basic needs, including tuition fees, as well as discounts on recreational
activities;

* Itprovides for the creation of a Solo Parents Affairs Office in local government units;

* It mandates the creation of daycare facilities in companies with more than 100

employees.

The passage of this bill is earnestly sought

Qattuctooecan — Baxapeak
ANA THERESIA “RISA” HONTIVEROS BAI QUEL


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SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Third Regular Session )
SENATE. ‘18 AUG 15 A937
s.B.No._ 1936 AND UD

REcE.
Introduced by SENATOR ANA THERESIA “RISA” HONTIVEROS-BARAQUEL ~

pp

AN ACT AMENDING REPUBLIC ACT 8972 OTHERWISE KNOWN AS THE 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 the House of Representatives of the Philippines in Congress
assembled:

Section 1. Title. - This Act shall be known as the "
2018."

XPANDED Solo Parents’ Welfare Act of

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. It is
also the obligation of the State to adhere to international agreements and national laws on
families. Towards this end, it shall develop a comprehensive package of social protection
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
Justice (DOJ) the Department of Education (DEPED), 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), the Department of Trade and
Industry (DTI), the Bureau of Internal Revenue (BIR), the Civil Service Commission (CSCO,
the National Economic Development Authority (NEDA), the Philippine Commission on
Women (PCW), the Philippine Health Insurance Corporation (PHILHEALTH), the Union of
Local Authorities (ULAP), and other concerned government agencies and civil society
organizations with recognized credentials in providing services and advocacy for solo
parents.

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 female who gives birth as a result of rape and other crimes against persons
even without a final conviction of the offender; provided, that the mother has the
custody of the child or children and bears the sole parental responsibility;

(2) Parent left solo or alone with the responsibility of parenthood due the following
circumstances:



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A. Death of the spouse;
B. Spouse is detained or is serving sentence for a criminal conviction;

C. Physical and/or mental incapacity of spouse as certified by a public or
private medical practitioner;

D. Legal separation or de facto separation from spouse;

E, Declaration of nullity or annulment of marriage as decreed by [a] the court
recognized by law;

F. Abandonment of spouse for at least six (6) months;

(3) Actual custody, support, care and exercising sole parental authority over his or
her child or children instead of having others care for them or give them up to a
welfare institution;

(4) spouse of an overseas Filipino worker, provided that the said OFW belongs to
the low/semi-skilled worker category and is away from the Philippines for an
unbroken period of twelve (12) months;

(5) Any other person who bears sole parental responsibility over a child or children,
including a foster parent duly-recognized by the dswd, a legal guardian appointed
by the court or a legal single adoptive parent;

(6) Any family member who bears sole parental responsibility as a result of the
death, abandonment, disappearance or prolonged absence of the parent/s. In cases
of grandparents who are senior citizens who have the sole parental responsibility
over their minor or physical or mentally incapacitated children or grandchildren,
they shall be entitled to the benefits of this act in addition to the benefits granted to
them by the expanded senior citizens act of 2003;

A change in the status or circumstance of the parent or qualified family member or
guardian 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.

(b) "Children or dependents" - Refer to those living with and dependent upon the solo
Parent for support who are unmarried, unemployed and not more than twenty one (21)
years of age, or even over twenty one (21) 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, All
solo parents working in the government or private sector shall be qualified to a seven-day
parental leave with pay.

(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



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employer.

(f) Basic necessities - Refer to rice, corn, bread, fresh, dried and canned fish and other
marine products, fresh pork, beef and poultry, meat, fresh eggs, fresh and processed milk,
fresh vegetables, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents,
sanitary napkins, diapers, and drugs classified as essential by the DOH and other
commodities as maybe classified by the DTI and the DA according to Republic Act no. 7581
or The Price Act.

Section 4. Criteria for Additional Financial Assistance. - Any solo parent whose income in
the place of residence falls below the poverty threshold as set by the Philippine Statistics
Authority (PSA) and subject to the assessment of the Local Social Welfare and Development
Officer in the area where the solo parent resides shall be eligible for additional financial
assistance reserved for the poor and indigent solo parents as determined by the proper
government agencies. Provided, that any solo parent, regardless of the income bracket or
financial status shall enjoy the benefits under this act.

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 DSWD, DOH, DEPED, CHED, TESDA, DOLE, NHA, DOJ, DTI, BIR, CSC, NEDA,
PCW, PHILHEALTH, ULAP, DILG, and other concerned government agencies and civil
Society organization with recognized credentials in providing services to solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the
comprehensive package of social protection 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;

() 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; and

(F) Legal advice and assistance.

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.



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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 six (6) months. This benefit may be
availed in both the private or government sector, regardless of employment status.

Section 9. Educational Benefits. - The DEPED, CHED and TESDA shall provide the following
benefits and privileges:

(1) Scholarship and/ or grants for qualified solo parents and their children in
institutions of basic, higher and technical/ vocational educational and training; and

(2) Nonformal education programs appropriate for solo parents and their children,

The DEPED, 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 Philippine Statistics Authority.

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;

(b) Coordinate the activities of various governmental and nongovernmental
organizations engaged in promoting and protecting the interests of solo parents and
their children; and

() Monitor the implementation of the provisions of this Act and suggest
mechanisms by which such provisions are effectively implemented.

Section 13. Solo Parent Identification Card (SPIC)- The Local Social Welfare and
Development Office (LSWDO) shall issue the solo parent identification card upon the
presentation of the applicant of the following documents:

(a) Barangay certification certifying that the solo parent is a resident of the
barangay for the last six (6) months preceding the application;



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(b) Certification from the relevant government agency or court as proof of birth of
child/children, death of parents or spouse, decree of annulment, declaration of
nullity, or legal separation, or any form of dissolution of marriage, status as overseas
Filipino worker, and other documentary support to attest the circumstances that
qualifies the applicant as a solo parent;

The SPIC shall be issued within thirty (30) days from application thereof and shall be valid
for one (1) year upon issuance subject to renewal.

Section 14. Additional Benefits- A solo parent shall be entitled to the following additional
benefits:

(a) Twenty (20) percent discount from all purchases of infant formula, food, food
supplements and sanitary diapers for purchases made from child’s birth until three
(3) years of age, provided that the discount on infant formula can only be availed of
when the solo parent is not the mother;

(b) twenty (20) percent discount from all purchases of medicines, vaccines and
other medical supplements, supplies, accessories and equipment for the child, as
prescribed by a licensed medical practitioner, for purchases made from the child's
birth until eighteen (18) years of age;

(c) twenty (20) percent discount from all purchases of the child’s basic necessities;

(d) Twenty (20) percent discount from tuition fees per child from kindergarten to
college level in both private and public colleges and universities and schools, on top
of any scholarship grants if any;

(e) Twenty (20) percent discount from hospital bill of the solo parent's child if
admitted for medical care and attention, both in private and public hospitals;

(8 Tax amnesty and/or reduction of real estate or inheritance taxes of solo parents;

(g) Twenty (20) percent discount on consultation and laboratory diagnostic fees
and purchase of medicines for solo parents and their children;

(h) basic personal exemption from individual income tax in the amount of fifty
thousand pesos (p50,000.00) in addition to the existing exemption that the solo
parent may claim for their children;

() Twenty (20) percent discount from all private and public recreational facilities,
provided that the discount can only be availed when the solo parent and children
are together. Companies and business establishments where the said discounts
were availed, shall be entitled to claim said discounts as part of their business
expense, provided that they maintain a detailed and separate records of the
discounted purchases.

SECTION 15. CREATION OF THE SOLO PARENTS’ SPECIAL INTER-AGENCY REVIEW
COMMITTEE AND TASK FORCE - An inter-agency committee shall be created to coordinate
and monitor the implementation of this act. The committee shall be comprised of the
following agencies:

(a) Department of Social Welfare and Development (DSWD), as chair;



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(b) Department of the Interior and Local Government (DILG) as co-chair;
(©) Department of Health (DOH);

(d) Department of Justice (DO});

(e) Department of Education (DEPED);

() Commission on Higher Education (CHED);

G) Technical Education and Skills Development Authority (TESDA);

H) National Housing Authority (NHA);

1) Department of Labor and Employment (DOLE);

J) Bureau of Internal Revenues (BIR);

K) Philippine Health Insurance Corporation (PHILHEALTH);

1) At least two (2) non-government or civil society organization with proven
Credentials in advocating for the rights and welfare, as well as providing services to
solo parents.

This committee shall submit an annual report to the congress on the status of
implementation of this act, following its effectivity.

SECTION 16. Solo Parents Affairs Office- A solo parent affairs office shall be established in
every local government unit. In line with this requirement, a Solo Parents help desk shall be
placed in every barangay for the immediate assistance of solo parents and their children.

SECTION 17. National Solo Parents Day And Week- ‘To commemorate the role and
significance of every solo parent in the Philippines, solo parents week shall be every third
(3rd) week of April and the National Solo Parents day shall be every third (3rd) Saturday of
April of every year.

SECTION 18. Penalties- Any person, corporation, entity or agency which refuses or fails to
provide the benefits granted to Solo Parents in violation of this act, or discriminates against
solo parents in employment hiring, 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 but 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. any person who misinterprets the status or
falsifies any document to avail of the benefits provided under this act or any person
who abuses the privileges granted herein shall be punished with a fine not less than
ten thousand pesos (P10,000.00) but not more than fifty thousand pesos
(P50,000.00) and imprisonment of not less than six (6) months.

If the offender is a corporation, partnership or organization or any similar entity, the



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employees and officials therefore directly involved shall individually be held liable
therefore. If the violator is an alien or a foreigner, he shall be deported immediately after
service of sentence without further deportation proceedings.

Upon filing of an appropriate complaint and after due notice and hearing, the proper
authorities may 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 provision of this act.

Upon finding by the solo parents’ special review committee that a department, agency or
instrumentality of the government, a Government-Owned or Controlled Corporation
(GOCC) or a Local Government Unit had violated any provision of this act, sanctions under
the administrative law, civil service or other laws may be recommended to the CSC or the
DILG against the head of the agency or the local chief executive and the person directly
responsible for the violation.

Any person who claims to be a solo parent for the purpose of availment of the benefits
under this act, with intent to defraud shall be penalized with 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 but not more than one (1) year, or both, at
the discretion of the court.

Section 19. Daycare Facilities. - Government agencies and private companies with one
hundred (100) or more employees shall provide daycare facilities within the premises for
children aged five and below of its employees, handled by qualified and competent
personnel with proven experience in child care, provided that these facilities shall also be
made available to children aged ten years old and below of solo parents.

Section 20. Implementing Rules and Regulations. - Within ninety (90) days upon the
effectivity of this act, the DSWD, in consultation and coordination with the members of the
Solo Parents’ special review committee, shall issue the necessary rules and regulations for
the effective implementation of this Act.

Section 21. 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). Government agencies may also utilize a portion of their
respective gender and development (gad) budget to implement this act anchored on the
guidelines issued by the DBM, NEDA, and PCW.

Section 22. 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 23. Separability Clause. - \f any provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall continue to be in full force and
effect.

Section 24. 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,