Title
Supreme Court
Expanded Solo Parents Welfare Act
Law
Republic Act No. 11861
Decision Date
Jun 4, 2022
The Expanded Solo Parents Welfare Act is a Philippine law that provides support and assistance to solo parents, including social protection services, work discrimination protection, parental leave, educational benefits, child minding centers, breastfeeding in the workplace, social safety assistance, additional benefits, and the establishment of solo parents offices, among other provisions.

Law Summary

Definitions

  • Child minding centers: Workplace facilities for care of solo parent employees’ children aged seven years and below.
  • Children or dependents: Unmarried, unemployed dependents aged 22 or below, or older with disabilities, dependent on the solo parent.
  • Flexible work schedule: Work arrival and departure time variation for solo parents without affecting core hours.
  • Parental care and support: Provision of basic needs, healthcare, safety, emotional support, and personality formation.
  • Parental leave: Leave granted to solo parents for parental duties requiring physical presence.
  • Spouse: Legally married husband or wife or common-law partner as defined under The Family Code.

Categories of Solo Parent

  • Individuals providing sole parental care/support due to:
    1. Birth from rape without final conviction, with sole care.
    2. Death of spouse.
    3. Spouse’s detention or criminal sentence of at least 3 months.
    4. Spouse’s certified physical or mental incapacity.
    5. Legal or de facto separation for at least 6 months with sole care.
    6. Marriage annulment, nullity, or divorce with sole care.
    7. Abandonment by spouse for at least 6 months.
  • Spouse/family member/guardian of Low/Semi-skilled OFW overseas at least 12 months.
  • Unmarried parents raising their child/children.
  • Legal guardians, adoptive or foster parents with sole care/support.
  • Relatives within fourth civil degree providing sole care due to death/abandonment/absence.
  • Pregnant women providing sole care to unborn child.

Comprehensive Social Protection Services

  • DSWD to coordinate with multiple government agencies and NGOs for solo parent services.
  • Includes health, education, labor, housing, justice, finance, and social welfare interventions.
  • Services include temporary shelter, counseling, legal aid, medical care, crisis management, and spiritual support.

Work Discrimination and Employment Benefits

  • Prohibition of discrimination against solo parent employees in employment terms/conditions.
  • Encouragement of telecommuting programs prioritizing solo parents.
  • Parental leave benefit: up to 7 working days with pay per year for solo parent employees with 6 months’ service.

Educational Benefits

  • Scholarships for solo parents and full scholarships for one (1) child across basic, higher, and technical education.
  • Priority for other children in government education assistance programs.
  • Provisions for non-formal education for solo parents and their children.

Child Minding Centers and Breastfeeding

  • Promotion of child minding centers accessible to solo parents.
  • Support and encouragement of breastfeeding in the workplace for solo parent mothers.

Social Safety Assistance

  • Provision of aid (food, medicine, financial) during disasters, calamities, pandemics, and public health crises.
  • LGUs required to allocate budget from calamity funds for this.

Additional Benefits

  • Monthly cash subsidy of ₱1,000 for solo parents earning minimum wage and below.
  • Discounts and VAT exemptions on baby’s milk, food, medicines, and sanitary supplies for those earning below ₱250,000 annually.
  • Automatic National Health Insurance Program coverage with government and employer contributions.
  • Priority in apprenticeships, scholarships, livelihood, and employment programs.
  • Priority and allocation in government low-cost housing projects with liberal payment terms.
  • Solo Parent ID Card and booklet required to avail benefits.

Limitation and Termination of Benefits

  • Benefits only for solo parents exercising sole parental care/support.
  • Occasional assistance from other parent does not terminate solo parent status.
  • Shared parental care excludes entitlement to benefits.
  • Change of status terminates eligibility.

Solo Parents Office or Division

  • Establishment of Solo Parent Office (SPO) in provinces/cities and Solo Parent Division (SPD) in municipalities.
  • Heads must have social work or bachelor’s degree qualifications and hold permanent government positions.
  • Roles include planning, data maintenance, issuance of ID and booklets, information dissemination, monitoring compliance, and assistance in filing complaints.
  • Collaboration with NGOs, civil society, and barangays.

Database and Registration

  • Centralized solo parent database managed by DSWD in coordination with DILG.
  • Quarterly submission of solo parent beneficiary lists by LGUs.
  • SPO/ SPD review and issue Solo Parent ID Card and booklet within 7 working days.
  • Resolution of disputes within 5 working days by social welfare offices.
  • Validity of ID and booklet is one year.

Documentary Requirements for Registration

  • Detailed document lists depending on the solo parent category including birth, marriage, death certificates, medical records, affidavits, police/barangay records, and proof of guardianship.
  • Annual submission of sworn affidavits and certain documents required for renewal.
  • Confidentiality of submitted documents ensured by Data Privacy Act compliance.

National Solo Parents Day and Week

  • Third Saturday and third week of April annually declared as National Solo Parents Day and Solo Parents Week.

Protection for Abused, Abandoned, or Neglected Solo Parents

  • DSWD coordination with barangay officials and police for immediate assistance.
  • Right to retain income portion from a gainfully employed co-parent for child support.

Special Protections for Adolescent Solo Parents

  • Counseling, psycho-social services, home-based, in-school, or technical education services offered by DSWD, DOH, DepEd, CHED, and TESDA.

Inter-Agency Coordinating and Monitoring Committee (IACMC)

  • Composition includes Secretaries of various departments and representatives from LGUs and NGOs.
  • Quarterly meetings with reports to Congress every three years on implementation.
  • Data gathering through Community-based Monitoring System and PSA demographic surveys every four years.

Joint Congressional Oversight Committee on Solo Parents (JCOCSP)

  • Five senators and five representatives to monitor implementation.
  • Responsible for reviewing program efficacy and recommending legislative or executive actions.

Prohibited Acts and Penalties

  • Penalties for refusal or failure to provide benefits include fines (₱10,000-₱50,000 for first offense, ₱100,000-₱200,000 for subsequent) or imprisonment (6 months to 2 years).
  • Officials/employees of offending entities are liable.
  • Possible cancellation of business permits or deportation of foreign offenders.
  • Penalties for document falsification and benefit abuse include fines and imprisonment.
  • Public officers committing violations face removal and perpetual disqualification.

Implementing Rules and Appropriations

  • DSWD to issue rules within 90 days of enactment.
  • Funding for the Act to be included in government budgets, with options to use Gender and Development budgets.

Effectivity

  • The Act takes effect 15 days after its publication in the Official Gazette or a newspaper of general circulation.

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