Policy, purpose, and governing mandate
- Section 2 declares State policy to promote a just and dynamic social order that ensures national prosperity and independence and frees the people from poverty through adequate social services.
- The State must promote social justice, value the dignity of every human person, and guarantee full respect for human rights.
- The government must (a) support solo parents’ natural and primary rights and duty in rearing their children by providing basic needs and extending social services and welfare benefits to uplift their status and circumstances; and (b) adhere to international agreements and national laws on families (Section 2).
Key definitions and status framework
- Child minding centers are a facility or area within the workplace or in accessible locations provided by the employer where children aged seven (7) years old and below of a solo parent employee are habitually received for care and supervision during working hours (Section 3(a)).
- Children or dependents are 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 take care or protect themselves due to a physical or mental disability or condition; this definition applies only for purposes of availing benefits under the Act (Section 3(b)).
- Flexible work schedule is a work arrangement allowing a solo parent employee to vary arrival and departure times without affecting core work hours as defined by the employer (Section 3(c)).
- Parental care and support covers acts of providing basic needs, health care, mental and physical safety, emotional support, and formation of the child’s personality (Section 3(d)).
- Parental leave is leave granted to a solo parent to perform parental duties and responsibilities where physical presence is required or beneficial to the child (Section 3(e)).
- Spouse includes 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 (Family Code of the Philippines) (Section 3(f)).
Who qualifies as a solo parent
- A solo parent is any individual under the categories in Section 4.
- A parent providing sole parental care and support due to any of the following:
- Birth as a consequence of rape, even without final conviction, if the mother has the sole parental care and support; a solo parent under this category may still be considered a solo parent under any other category (Section 4(a)(1)).
- Death of the spouse (Section 4(a)(2)).
- Detention of the spouse for at least three (3) months or service of sentence for a criminal conviction (Section 4(a)(3)).
- Physical or mental incapacity of the spouse as certified by a public or private medical practitioner (Section 4(a)(4)).
- Legal separation or de facto separation for at least six (6) months, and the solo parent is entrusted with sole parental care and support (Section 4(a)(5)).
- Declaration of nullity or annulment recognized by law, or divorce subject to existing laws, with the solo parent entrusted with sole parental care and support (Section 4(a)(6)).
- Abandonment by the spouse for at least six (6) months (Section 4(a)(7)).
- A spouse or family member of an Overseas Filipino Worker (OFW), or the guardian of the OFW’s child or children, qualifies 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 (Section 4(b)).
- Unmarried mother or father who keeps and rears the child or children qualifies (Section 4(c)).
- Legal guardian, adoptive or foster parent who solely provides parental care and support qualifies (Section 4(d)).
- Any 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 death, abandonment, disappearance, or absence of the parents or solo parent for at least six (6) months qualifies (Section 4(e)).
- Solo grandparents who are senior citizens and have sole parental care and support over unmarried or unemployed grandchildren who are twenty-two (22) years old or below, or grandchildren over twenty-two (22) years old but unable to fully take care or protect themselves due to physical or mental disability or condition are entitled to benefits under this Act in addition to benefits under Republic Act No. 9257 (Expanded Senior Citizens Act of 2003) (Section 4(e)).
- A pregnant woman who provides sole parental care and support to the unborn child or children qualifies (Section 4(f)).
Comprehensive social protection services
- 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 enumerated national agencies and accredited NGOs (Section 5).
- The DSWD must coordinate with the concerned agencies for implementation of the comprehensive package (Section 5).
- The package initially includes targeted interventions that cover individuals in need of protection, including temporary shelter, counseling, legal advice and assistance, medical care, self-concept or ego-building, crisis management, and spiritual nourishment (Section 5(e)).
- The agencies involved include DOH, DepEd, CHED, TESDA, DOLE, DOF, DMW, DOJ, NHA, DILG, DTI, BIR, CSC, PhilHealth, NEDA, PCW, ULAP, local government units, and other concerned NGOs with recognized credentials (Section 5).
Workplace, education, health, housing benefits
- No employer may discriminate against a solo parent employee regarding terms and conditions of employment because of solo parent status (Section 7).
- Employers may enter into agreements with solo parent employees for a telecommuting program as provided in Republic Act No. 11165 (Telecommuting Act), and the solo parent employees must be given priority by their employer (Section 7).
- Parental leave: every solo parent employee who has rendered service of at least six (6) months is granted a forfeitable and noncumulative parental leave of not more than seven (7) working days with pay every year, regardless of employment status (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 education (Section 9).
- The solo parent or child must have all qualifications required for the applicable scholarship program (Section 9).
- Other children of a solo parent must be given priority in education programs under Republic Act No. 10687 (UniFAST Act), Republic Act No. 10931 (Universal Access to Quality Tertiary Education Act), and other government education laws (Section 9).
- DepEd, CHED, and TESDA must promulgate rules and regulations for proper implementation (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 CSC must promote and encourage the establishment of child minding centers within the workplace or in accessible locations to the workplace or residence of the solo parent (Section 10).
- Breastfeeding encouragement: in keeping with Republic Act No. 10028 (Expanded Breastfeeding Promotion Act of 2009), DOLE and CSC must continue to encourage working mothers who are solo parents to breastfeed in the workplace (Section 13).
- Social safety assistance during crises: during disasters, calamities, pandemics, and other public health crises declared by 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 that the budget for social safety assistance is included in LGU calamity funds (Section 14).
- Additional benefits: a solo parent is entitled to additional benefits under Section 15.
Additional benefits and conditions
A solo parent must present a Solo Parent Identification Card (SPIC) to avail of the additional benefits under Section 15 (Section 15).
A solo parent must also present a solo parent booklet when availing the additional benefits under Section 15(a) and (b) (Section 15).
Monthly cash subsidy (means/pension/subsidy-tested):
- A solo parent earning a minimum wage and below is entitled to PHP 1,000.00 per month per solo parent (Section 15(a)).
- City or municipal governments allocate the subsidy 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 the 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 GAD budget (Section 15(a)).
- A solo parent under this benefit must not be a recipient of any other cash assistance or subsidy from any other government programs (Section 15(a)).
- A beneficiary who is also a senior citizen or a person with disability (PWD) may continue receiving senior citizen or PWD benefits without forfeiting benefits under this Act (Section 15(a)).
Discount and VAT exemption for infant and maternal products and medicines:
- A solo parent earning less than PHP 250,000.00 annually is entitled to a ten percent (10%) discount and exemption from VAT on baby’s milk, food and micronutrient supplements, and sanitary diapers and on duly prescribed medicines, vaccines, and other medical supplements (Section 15(b)).
- Coverage runs from the birth of the child or children until the child reaches six (6) years of age (Section 15(b)).
- Eligibility is subject to adjustment under exempt taxable income provisions of the National Internal Revenue Code (NIRC), as amended by Republic Act No. 10963 (TRAIN) (Section 15(b)).
- No provision in Section 15(b) may violate Republic Act No. 10028 (Section 15(b)).
Automatic PhilHealth coverage (NHIP):
- Solo parents are automatically covered under the National Health Insurance Program (NHIP) administered by PhilHealth, with premium contributions to be paid by the National Government (Section 15(c)).
- For solo parents in the formal economy, the premium contribution is shared equally by their employees and the National Government (Section 15(c)).
Prioritization in training, employment, and scholarship-like support:
- Solo parents, particularly solo mothers, and their children as applicable, must be prioritized in apprenticeships, scholarships, livelihood training, OFW reintegration programs, employment information and matching services, and other poverty alleviation programs of TESDA, DTI, CHED, DepEd, DOLE, DMW, and other related government agencies, subject to standard eligibility and qualifications (Section 15(d)).
Housing priority:
- Solo parents must receive prioritization and allocation in government low-cost housing projects with liberal terms of payment, in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the Philippine Statistics Authority (PSA) (Section 15(e)).
Limitation, termination, and continued status
- Only a solo parent exercising sole parental care and support of the child or children may claim benefits under the Act (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 of the Philippines (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 facts show that parental care and support are shared (Section 16).
- When a solo parent ceases to be such due to change in status and circumstances, the former solo parent becomes ineligible to avail of benefits under the Act (Section 16).
Solo Parent Offices, databases, and SPIC issuance
- A Solo Parent Office (SPO) must be established in every province and city, and a Solo Parent Division (SPD) must be 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 possess a bachelor’s degree (Section 17).
- The head of the SPO must hold a permanent position with at least Salary Grade 12, and the head of the SPD must hold a permanent position with at least Salary Grade 10, appointed by the governor or mayor, respectively (Section 17).
- The SPO must have at least three (3) staff members and the SPD must have at least one (1) staff member (Section 17).
- SPO/SPD offices must supervise and coordinate with linkages involving accredited civil society and NGOs, political organizations, and barangays in their areas (Section 17).
- SPO/SPD functions include:
- Planning, implementing, and monitoring yearly work programs for objectives of the Act (Section 17(a));
- Drawing up a list of available and required services from solo parents (Section 17(b));
- Maintaining and regularly updating, on a quarterly basis, the list of solo parents and issuing free SPIC (Section 17(c));
- Issuing free booklets to solo parents (Section 17(d));
- Acting as a general information and liaison center (Section 17(e));
- Monitoring compliance with the Act, particularly grant of privileges and additional benefits (Section 17(f));
- Reporting violations to the governor/mayor/social welfare office (Section 17(g));
- Assisting solo parents in filing complaints when privileges and benefits are refused or not provided (Section 17(h));
- Providing other services required under the Act (Section 17(i)).
Centralized database and fraud control
- The DSWD, in coordination with DILG, must establish and maintain a centralized database of all solo parents issued SPIC or booklets by SPOs and SPDs (Section 18).
- LGUs must submit lists of solo parents receiving benefits to the DSWD on a quarterly basis (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 to register and get SPIC/booklet
A solo parent must submit authenticated or certified true copies of documents to the SPO/SPD where the solo parent resides for registration and issuance of SPIC and booklet (Section 19).
The required documents vary by qualifying category:
- Rape (Section 4(a)(1)): birth certificate/s; complaint affidavit; medical record on the rape incident; and a sworn affidavit declaring sole parental care and support; for subsequent SPIC/booklet, only the sworn affidavit is submitted every year (Section 19(a)).
- Death of spouse (Section 4(a)(2)): birth certificate/s; marriage certificate; death certificate of spouse; and sworn affidavit declaring not cohabiting with a partner/co-parent and sole parental care and support; for subsequent issuance, only the sworn affidavit is submitted every year (Section 19(b)).
- Detention/criminal conviction (Section 4(a)(3)): birth certificate/s; marriage certificate; certificate of detention or certification of serving sentence for at least three (3) months issued by law enforcement with custody or a court commitment order; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(c)).
- Physical/mental incapacity (Section 4(a)(4)): birth certificate/s; marriage certificate or affidavit of cohabitation; medical record/abstract issued not more than three (3) months before submission; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(d)).
- Legal/de facto separation (Section 4(a)(5)): birth certificate/s; marriage certificate; judicial decree of legal separation or, for de facto separation, an affidavit of two (2) disintegrated persons attesting separation; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(e)).
- Nullity/annulment/divorce (Section 4(a)(6)): birth certificate/s; marriage certificate; judicial decree of nullity/annulment or judicial recognition of foreign divorce; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(f)).
- Abandonment (Section 4(a)(7)): birth certificate/s; marriage certificate or applicant’s affidavit; affidavit of two (2) disinterested persons attesting abandonment; police or barangay record; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, only sworn affidavit is submitted every year (Section 19(g)).
- OFW spouse/family member (Section 4(b)): birth certificate/s; marriage certificate; Overseas Employment Certificate (OEC) or equivalent; copy of passport stamps showing continuous twelve (12) months of overseas work; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, requirements (3), (4), (5), and (6) are submitted every year (Section 19(h)).
- Unmarried father/mother (Section 4(c)): birth certificate/s; CENOMAR; affidavit of a barangay official attesting residence and that children are under applicant’s parental care/support; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, requirements (2), (3), and (4) are submitted every year (Section 19(i)).
- Legal guardian/adoptive/foster parent (Section 4(d)): birth certificate/s; proof of guardianship/foster care/adoption; affidavit of barangay official attesting residence and children under care/support; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(j)).
- Relative within fourth civil degree (Section 4(e)): birth certificate/s; death certificate of parents/legal guardian or police/barangay records evidencing disappearance/absence for at least six (6) months; affidavit of barangay official attesting residence and children under care/support; and sworn affidavit declaring not cohabiting and sole parental care and support; for subsequent issuance, requirements (3) and (4) are submitted every year (Section 19(k)).
- Pregnant woman (Section 4(f)): medical record of pregnancy; affidavit of barangay official attesting residence and children under care/support; and sworn affidavit declaring not cohabiting and sole parental care and support (Section 19(l)).
- For subsidy and discounts under Section 15(a) and (b): affidavit of no employment; Income Tax Return (ITR); Social case study issued by the DSWD; or any verifiable proof of income (Section 19(m)).
Custodians of documents and information must ensure utmost confidentiality in compliance with Republic Act No. 10173 (Data Privacy Act of 2012) (Section 19).
Verification timelines and validity
- SPO/SPD must review and verify documents and issue SPIC and booklet (if applicable) within seven (7) working days from receipt of complete documents (Section 20).
- If a dispute arises, the Municipal/City/Provincial Social Welfare and Development Office (M/C/PSWDO) resolves it within five (5) working days (Section 20).
- SPIC and booklet are valid for one (1) year (Section 20).
National recognition, protections, and committee structures
- Solo Parents Week and National Solo Parents Day are set as the third week and the third Saturday of April of every year, respectively (Section 21).
- Abused, abandoned, or neglected solo parents: a solo parent abused, abandoned, or neglected by a co-parent may seek help from the DSWD, which coordinates with barangay officials and/or police officers assigned in the nearest PNP station where the abused/abandoned/neglected 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 court order of a court of competent jurisdiction, for the support of the child (Section 22).
Special protection for adolescent solo parents
- Adolescent solo parents, including victims of child marriages, must 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).
Inter-agency coordinating and monitoring
- An Inter-Agency Coordinating and Monitoring Committee (IACMC) is established with:
- Chairperson: Secretary of the DSWD;
- Vice-Chairperson: Secretary of the DILG; and
- Members including Secretaries and officials of Finance, Health, Education, Labor and Employment, Trade and Industry, Justice, DMW, CHED, CSC, PCW, NEDA, TESDA, NHA, PhilHealth, a ULAP representative, and a civil society/NGO representative appointed by the DSWD Secretary (Section 24).
- The IACMC must meet quarterly and submit a report to Congress on implementation every three (3) years from the establishment of the IACMC (Section 24).
- The IACMC must gather demographic data using the Community-based Monitoring System (CBMS) under Republic Act No. 11315, and PSA must conduct an updated demographic survey on solo parents and their children every four (4) years (Section 24).
- Chairperson, vice-chairperson, and members may designate representatives with at least the rank of Assistant Secretary or its equivalent (Section 24).
Congressional oversight committee
- A Joint Congressional Oversight Committee on Solo Parents (JCOCSP) is created to monitor implementation, set the framework for reviewing the Act, 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 (Section 25).
- It 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 administrative sanctions
Any person, corporation, entity, or agency that refuses or fails to provide benefits granted under the Act is penalized (Section 26(a)).
- For the first violation: 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: 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, the officials and employees directly participating in the violations are held liable (Section 26(a)).
Authorities may, after due notice and hearing, cause cancellation or revocation of business permits, permits to operate, franchise, and other similar privileges for businesses that fail to comply with the Act (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/falsification and abuse of benefits:
- Any person who misrepresents solo parent status or falsifies documents to avail of benefits, cause another person to avail, or cause another to be denied benefits, or who abuses privileges and benefits, is punished 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 responsible person is a public officer or employee under Executive Order No. 292 (Administrative Code of 1987) and the offense is 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 Section 26(b) (Section 26(b)).
- Penalties under the Act are 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 for effective