Expanded Solo Parents Welfare Act

Policy and purpose of solo parents support

The State adopts a policy to promote a just and dynamic social order that ensures national prosperity and independence and frees the people from poverty through policies providing adequate social services, promoting full employment, a rising standard of living, and an improved quality of life (Section 2).
The State commits to social justice, values the dignity of every human person, and guarantees full respect for human rights (Section 2).
The government must support the natural and primary rights and duty of solo parents in rearing their children by providing basic needs and social service and welfare benefits to uplift their status and circumstances (Section 2).
The government must adhere to international agreements and national laws on families (Section 2).

Key definitions and terms

“Child minding centers” means a facility or area within the workplace or in accessible locations to the solo parent or workplace of the guardian provided by the employer where children aged seven (7) years old and below are habitually received for care and supervision during working hours (Section 3(a)).
“Children or dependents” means 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 unable to fully protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition; this definition applies only for availing benefits under the Act (Section 3(b)).
“Flexible work schedule” means a work arrangement for solo parent employees to vary arrival and departure times without affecting core work hours as defined by the employer (Section 3(c)).
“Parental care and support” refers to acts providing basic needs, health care, mental and physical safety, emotional support, and formation of the child’s personality (Section 3(d)).
“Parental leave” refers to leave benefits granted to solo parents to perform parental duties and responsibilities where physical presence is required or beneficial to the child (Section 3(e)).
“Spouse” means a husband or wife by virtue of a valid marriage or a partner in a common-law relationship as defined under Article 147 of Executive Order No. 209, otherwise known as “The Family Code of the Philippines” (Section 3(f)).

Who qualifies as a solo parent

A solo parent is any individual falling under the categories in Section 4, including a parent providing sole parental care and support because of specified circumstances (Section 4).
A solo parent includes a parent who provides sole parental care and support due to: (1) birth as a consequence of rape, even without final conviction (with conditions on sole care), (2) death of the spouse, (3) detention of the spouse for at least three (3) months or service of sentence for a criminal conviction, (4) physical or mental incapacity of the spouse as certified by a public or private medical practitioner, (5) legal separation or de facto separation for at least six (6) months with sole parental care entrusted to the solo parent, (6) declaration of nullity or annulment of marriage recognized by law or due to divorce subject to existing laws with sole parental care entrusted to the solo parent, or (7) abandonment by the spouse for at least six (6) months (Section 4(a)).
A solo parent includes the spouse or any family member of an Overseas Filipino Worker (OFW), or the guardian of an OFW’s child or children, if the OFW belongs to the low/semi-skilled worker category and is away from the Philippines for an uninterrupted period of twelve (12) months, and the applicant and related persons meet the requirements of Section 4 (Section 4(b)).
A solo parent includes an unmarried mother or father who keeps and rears the child or children (Section 4(c)).
A solo parent includes a legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children (Section 4(d)).
A solo parent includes a relative within the fourth (4th) civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support due to the death, abandonment, disappearance, or absence of the parents or solo parent for at least six (6) months, and solo grandparents who are senior citizens are entitled to Act benefits in addition to benefits under Republic Act No. 9257 (Section 4(e)).
A solo parent includes a pregnant woman who provides sole parental care and support to the unborn child or children (Section 4(f)).

Social protection services and inter-agency package

The Secretary of the Department of Social Welfare and Development (DSWD) must develop a comprehensive package of social protection services for solo parents and their families in coordination with heads of DOH, DepEd, CHED, TESDA, DOLE, DOF, DMW, DOJ, NHA, DILG, DTI, BIR, CSC, PhilHealth, NEDA, PCW, ULAP, LGUs, and other concerned NGOs with recognized credentials (Section 5).
The DSWD must coordinate with concerned agencies the implementation of the comprehensive package (Section 5).
The package initially includes specified components; it must include targeted interventions for individuals needing protection, including temporary shelter, counseling, legal advice and assistance, medical care, self-concept or ego-building, crisis management, and spiritual nourishment (Section 5(e)).

Work, leave, education, and workplace benefits

Work Discrimination: No employer may discriminate against any solo parent employee with respect to terms and conditions of employment on account of status (Section 7).
Employers may enter agreements with their solo parent employees for a telecommuting program as provided in Republic Act No. 11165 (Telecommuting Act) (Section 7).
Solo parent employees must be given priority by their employer (Section 7).
Parental Leave: Solo parent employees are granted a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year for performance of parental duties where physical presence is required or beneficial to the child (Section 8).
Parental leave is granted to solo parent employees who have rendered service of at least six (6) months, regardless of employment status (Section 8).
The parental leave benefit may be availed of by solo parents in the government and the private sector (Section 8).
Educational Benefits: DepEd, CHED, and TESDA must provide scholarship programs for solo parents and a full scholarship for one (1) child of a solo parent in institutions of basic, higher, and technical vocational skills education (Section 9).
Scholarships require that the solo parent or child has all qualifications required for the DepEd, CHED, or TESDA scholarship program (Section 9).
Other children of a solo parent receive priority in education programs under Republic Act No. 10687 (UniFAST), Republic Act No. 10931 (Universal Access to Quality Tertiary Education Act), and other education laws and programs (Section 9).
DepEd, CHED, and TESDA may provide non-formal education programs appropriate for solo parents and their children (Section 9).
The children must be dependent on the solo parent for support, unmarried, unemployed, and twenty-two (22) years of age or below (Section 9).
Child Minding Centers: DOLE and the CSC must promote and encourage appropriate child minding centers within workplaces or in accessible locations to solo parents’ workplaces or residences (Section 10).
Breastfeeding in the Workplace: DOLE and the CSC must continue to encourage working mothers who are solo parents to practice breastfeeding in the workplace, consistent with Republic Act No. 10028 (Expanded Breastfeeding Promotion Act of 2009) (Section 13).
Social Safety Assistance during crises: During disasters, calamities, pandemics, and other public health crises declared by the DOH, solo parents and their children are entitled to social safety assistance such as food, medicines, and financial aid for domicile repair in the LGUs where they reside, subject to DSWD guidelines (Section 14).
LGUs must ensure the budget for social safety assistance is included in LGUs’ calamity funds (Section 14).

Additional benefits and beneficiary eligibility controls

A solo parent is entitled to additional benefits under Section 15 (Section 15).
Monthly cash subsidy: Solo parents who are earning a minimum wage and below may receive a means-, pension-, and subsidy-tested monthly cash subsidy of PHP 1,000.00 per month per solo parent, allocated by the concerned city or municipal government in accordance with Section 17(b)(2)(iv) of the Local Government Code (Section 15(a)).
For fifth (5th) class municipalities and lower and the five hundred (500) municipalities with the highest poverty incidence based on latest municipal-level small area poverty estimates, cash subsidy allocations may come from the Gender and Development (GAD) budget, and the cash subsidy per recipient may depend on the amount of the GAD budget (Section 15(a)).
Cash subsidy recipients under Section 15(a) must not be recipients of any other cash assistance or subsidy from other government programs (Section 15(a)).
Beneficiaries who are also a senior citizen or a person with disability (PWD) may continue receiving senior citizen or PWD benefits without forfeiting benefits under the Act (Section 15(a)).
Discount and VAT exemption for child-related health needs: Solo parents earning less than PHP 250,000.00 annually receive a ten percent (10%) discount and exemption from VAT on baby’s milk, food and micronutrient supplements, and sanitary diapers purchased, as well as duly prescribed medicines, vaccines, and other medical supplements purchased from the birth until the child reaches six (6) years of age, subject to adjustment under the exempt taxable income provisions of the National Internal Revenue Code (NIRC) as amended by Republic Act No. 10963 (TRAIN) (Section 15(b)).
VAT/discount benefits under Section 15(b) must not violate Republic Act No. 10028 (Section 15(b)).
PhilHealth NHIP coverage: Solo parents have automatic coverage under NHIP administered by PhilHealth, with premium contributions to be paid by the National Government (Section 15(c)).
Premium contributions for solo parents in the formal economy must be shared equally by the employees and the National Government (Section 15(c).
Priority in training and employment-related services: Solo parents (particularly solo mothers) and their children as applicable must receive priority in apprenticeships, scholarships, livelihood training, reintegration programs for OFWs, employment information and matching services, and other poverty alleviation programs of TESDA, DTI, CHED, DepEd, DOLE, DMW, and other related agencies, subject to eligibility and qualifications (Section 15(d)).
Housing prioritization: Solo parents receive prioritization and allocation in government low-cost housing projects with liberal terms of payment, in accordance with housing law provisions prioritizing applicants below poverty line as declared by PSA (Section 15(e)).
Solo Parent Identification Card (SPIC) and booklet presentation: To avail of additional benefits, the solo parent must present a Solo Parent Identification Card (SPIC) (Section 15).
In availing additional benefits under Section 15(2), the solo parent booklet must also be presented (Section 15).
Limitation/termination of eligibility: Only a solo parent exercising sole parental care and support of the child or children is entitled to claim Act benefits (Section 16).
A solo parent does not lose solo parent status if the other parent provides occasional assistance and/or seasonal gifts that do not meet the legal requirement of support under the Family Code (Section 16).
The absence of a valid and legal marriage between the mother and father does not automatically entitle either individual to benefits if the factual circumstances show parental care and support are shared (Section 16).
When a solo parent ceases to be a solo parent by reason of change of status and circumstances, the individual becomes ineligible to avail of benefits under the Act (Section 16).

Solo Parent Office and database systems

A Solo Parent Office (SPO) is established in every province and city, and a Solo Parent Division (SPD) is established under the Municipal Social Welfare and Development Office in every municipality (Section 17).
The head of the SPO must be a licensed social worker, and the head of the SPD must have a bachelor’s degree (Section 17).
The head of the SPO and SPD must hold permanent positions with at least Salary Grade 12 (SPO head) and Salary Grade 10 (SPD head) and are appointed by the governor or mayor respectively (Section 17).
The SPO must have at least three (3) staff members, while the SPD must have at least one (1) staff member (Section 17).
The offices of the governor, mayor, or social welfare office exercise supervision over the SPO/SPD regarding plans, programs, and activities (Section 17).
The SPO/SPD must establish linkages and work with accredited civil society and NGOs, political organizations, and barangays in their areas (Section 17).
The SPO/SPD must: plan, implement, and monitor yearly work programs; draw up lists of available/required services; maintain and quarterly update a list of solo parents and issue free SPIC; issue free booklets; serve as information and liaison centers; monitor compliance, particularly grants of privileges and additional benefits; report violations; assist in filing complaints when privileges/benefits are refused or not provided; and provide other services required by the Act (Section 17).
Centralized database: The DSWD, in coordination with DILG, must establish and maintain a centralized database of all solo parents issued SPIC or booklets by SPOs/SPDs (Section 18).
LGUs must submit the list of solo parents receiving benefits to the DSWD quarterly (Section 18).
If there are multiple entries or other badges of fraud, the DSWD must notify the concerned LGU for appropriate action (Section 18).

Documentary requirements, verification, and SPIC validity

For registration and issuance of SPIC and booklet, solo parents must submit authenticated or certified true copies of specified documents to the SPO or SPD where the solo parent resides (Section 19).
Rape-consequence solo parent documents (Section 4(a)(1)) include: (1) birth certificate(s), (2) complaint affidavit, (3) medical record on the rape incident, and (4) sworn affidavit that the solo parent has sole parental care and support at execution; for subsequent SPIC/booklet issuance, only the sworn affidavit is submitted every year (Section 19(a)).
Death of spouse (Section 4(a)(2)) requires: birth certificate(s), marriage certificate, spouse death certificate, and sworn affidavit that the solo parent is not cohabiting with a partner/co-parent and has sole parental care; for subsequent issuance, only the sworn affidavit is submitted every year (Section 19(b)).
Detention or criminal conviction of spouse (Section 4(a)(3)) requires: birth certificate(s), marriage certificate, certificate of detention or court commitment order, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(c)).
Spouse physical/mental incapacity (Section 4(a)(4)) requires: birth certificate(s), marriage certificate or affidavit of cohabitation, medical record/abstract evidencing incapacity issued not more than three (3) months before submission, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(d)).
Legal separation or de facto separation (Section 4(a)(5)) requires: birth certificate(s), marriage certificate, judicial decree of legal separation or (for de facto) an affidavit of two (2) disintegrated persons attesting to separation, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(e)).
Declaration of nullity/annulment or judicial recognition of foreign divorce (Section 4(a)(6)) requires: birth certificate(s), marriage certificate, judicial decree of nullity or annulment or judicial recognition of foreign divorce, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(f)).
Abandonment by spouse (Section 4(a)(7)) requires: birth certificate(s), marriage certificate or affidavit of applicant solo parent, affidavit of two (2) disinterested persons attesting abandonment, police or barangay record of abandonment, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, only the sworn affidavit is submitted every year (Section 19(g)).
OFW-related solo parent (Section 4(b)) requires: birth certificate(s), marriage certificate, Overseas Employment Certificate (OEC) or equivalent, copy of passport stamps showing continuous twelve (12) months overseas work, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, requirements (3), (4), (5), and (6) are submitted every year (Section 19(h)).
Unmarried father/mother (Section 4(c)) requires: birth certificate(s), CENOMAR, barangay official affidavit attesting residency and that children are under parental care and support, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, requirements (2), (3), and (4) are submitted every year (Section 19(i)).
Legal guardian/adoptive/foster parent (Section 4(d)) requires: birth certificate(s), proof of guardianship/foster care/adoption, barangay official affidavit attesting residency and children under care and support, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(j)).
Relative within fourth civil degree (Section 4(e)) requires: birth certificate(s), death certificates of parents/legal guardian or police/barangay records evidencing disappearance/absence at least six (6) months, barangay official affidavit attesting residency and children under care and support, and sworn affidavit on non-cohabitation and sole parental care; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(k)).
Pregnant woman (Section 4(f)) requires: medical record of pregnancy, barangay official affidavit attesting residency and children under care and support, and sworn affidavit on non-cohabitation and sole parental care (Section 19(l)).
For availing subsidy and discounts under Section 15(a) and Section 15(b), additional documents include: affidavit of no employment, Income Tax Return (ITR), social case study issued by DSWD, or any verifiable proof of income (Section 19(m)).
Custodians of documents, records, data, or information must ensure utmost confidentiality in compliance with Republic Act No. 10173 (Data Privacy Act of 2012) (Section 19).
SPIC issuance process: the SPO/SPD must review and verify documents and issue SPIC and booklet within seven (7) working days from receipt of complete documents (Section 20).
In disputes, the Municipal/City/Provincial Social Welfare and Development Office (M/C/PSWDO) resolves within five (5) working days (Section 20).
SPIC and booklet validity lasts one (1) year (Section 20).

Calendar observances and special protections

Solo Parents Week is the third week of April every year; National Solo Parents Day is the third Saturday of April every year (Section 21).
Abused/abandoned/neglected solo parents: A solo parent abused, abandoned, or neglected by a co-parent may seek DSWD assistance; DSWD must coordinate with barangay officials and/or police officers assigned in the nearest Philippine National Police station where the abused parent resides to provide immediate assistance (Section 22).
If the co-parent is gainfully employed, the abused/abandoned/neglected parent has the right to retain a portion of the co-parent’s income to be agreed upon by both parents or by a valid court order for the child’s support (Section 22).
Adolescent solo parents: Adolescent solo parents, including victims of child marriages, receive assistance from DSWD and DOH (including counseling and psycho-social services) and from DepEd, CHED, and TESDA through home-based, in-school, or technical education as warranted (Section 23).

Oversight committees and monitoring duties

An Inter-Agency Coordinating and Monitoring Committee (IACMC) is established and is chaired by the Secretary of Social Welfare and Development, with the Secretary of the Interior and Local Government as Vice-Chairperson (Section 24).
The IACMC membership includes the Secretaries of Finance, Health, Education, Labor and Employment, Trade and Industry, Justice, DMW, CHED chairperson, CSC chairperson, PCW chairperson, NEDA Director General, TESDA Director General, NHA General Manager, PhilHealth President, ULAP representative, and a civil society and NGO representative appointed by the DSWD Secretary (Section 24).
The IACMC must meet quarterly and must submit a report to Congress on implementation of the Act every three (3) years from the establishment of the IACMC (Section 24).
IACMC must gather demographic data on solo parents and their children using CBMS under Republic Act No. 11315, and PSA must conduct an updated demographic survey every four (4) years (Section 24).
A Joint Congressional Oversight Committee on Solo Parents (JCOCSP) is created to monitor implementation, set framework for reviewing implementation, determine inherent vulnerabilities, and recommend legislative or executive measures (Section 25).
The JCOCSP is composed of five (5) senators and five (5) representatives, appointed by the Senate President and House Speaker, respectively, and is co-chaired by the chairpersons of the House Committee on Revisions of Laws and the Senate Committee on Women, Children, Family Relations and Gender Equality (Section 25).

Prohibited acts, penalties, and enforcement consequences

It is punishable to refuse or fail to provide benefits granted to solo parents in violation of the Act (Section 26(a)).
For a first violation of refusal/failure to provide benefits: the penalty is a fine of not less than PHP 10,000.00 but not more than PHP 50,000.00, 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 26(a)(1)).
For any subsequent violation: the penalty is a fine of not less than PHP 100,000.00 but not more than PHP 200,000.00, or imprisonment of not less than one (1) year but not more than two (2) years, or both, at the discretion of the court (Section 26(a)(2)).
If the offender is a corporation, partnership, organization, or similar entity, officials and employees directly participating in the violations are held liable (Section 26(a)).
After due notice and hearing, proper authorities may cancel or revoke the business permit, permit to operate, franchise, and other similar privileges granted to a business that fails to comply (Section 26(a)).
If the offender is a foreigner, the foreigner shall be deported immediately after service of sentence without further deportation proceedings (Section 26(a)).
Misrepresentation of solo parent status, falsification of documents to avail of benefits, causing another person to avail or be denied of benefits, or abuse of privileges/benefits is punishable with a fine of not more than PHP 50,000.00 and imprisonment of not less than six (6) months but not more than one (1) year, or both, at the discretion of the court (Section 26(b)).
If the offender or person responsible is a public officer or employee under Executive Order No. 292 (Administrative Code of 1987) and the offense was committed in the exercise of official duties, the penalty includes removal from office and perpetual disqualification from holding public office, in addition to the penalty under the preceding paragraph (Section 26(b)).
Penalties under the Act apply without prejudice to higher penalties under other laws (Section 26(b)).

Implementing rules, appropriations, and effectivity

The Secretary of Social Welfare and Development must issue necessary rules and regulations within ninety (90) days from approval of the Act, in consultation and coordination with IACMC members (Section 27).
Appropriations to carry out the Act must be included in the General Appropriations Act (GAA) (Section 28).
Government agencies and LGUs may utilize a portion of their respective GAD budget to implement the Act, anchored on guidelines issued by the Department of Budget and Management, NEDA and PCW (Section 28).
The Act takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation (Section 31).
Section 4 of Republic Act No. 8972 is repealed and replaced with the Act’s updated categories of solo parent provision (Section 4).