Law Summary
Objectives
- Identify PNP personnel considered solo parents
- Clarify scope and conditions for parental leave grants
- Provide uniform interpretation and implementation rules for parental leave
Definition of Key Terms
- Children: Unmarried, unemployed dependents under 18, or older but incapable of self-support or mentally/physically challenged
- Family: PNP solo parent and their children, family, or relatives up to fourth civil degree
- Parental Leave: Leave granted for solo parents needing physical presence to perform parental duties
- Parental Responsibility: Includes support, education, moral guidance, discipline, and legal representation of minor children in accordance with Article 220 of the Family Code
Coverage - Who May Be Considered Solo Parents
- Women giving birth from rape or crimes against chastity who keep the child
- Parents left alone due to:
- Death of spouse
- Spouse's detention for at least one year
- Physical or mental incapacity of spouse certified by a public medical practitioner
- Legal or de facto separation for at least one year with child custody
- Nullity or annulment of marriage with child custody
- Spouse abandonment for at least one year
- Unmarried persons choosing to keep and rear their children
- Licensed foster parents or court-appointed legal guardians providing sole parental care
- Family members acting as head of family due to death, abandonment, disappearance, or prolonged absence of parents or solo parent for at least one year
Conditions for Availing Parental Leave
- Minimum of one year of service in PNP, continuous or broken
- Seven days of parental leave granted annually in addition to existing leave benefits
- Leave not convertible to cash and forfeited if unused within the calendar year
- May be taken continuously or staggered with prior approval and one-week notice, except emergencies
- Leave may be used for:
- Personal milestones (birthdays, graduations, etc.)
- Parental obligations like school enrollment and PTA meetings
- Medical, social, spiritual, and recreational needs of the child
- Other relevant parental duties requiring physical presence
Termination of Parental Leave Privileges
- Termination if solo parent marries or is no longer left alone in parental responsibilities
- Head of office/unit may investigate and decide on appropriateness of leave grant or termination
- Reapplication possible if circumstances change
Procedures in Availing Parental Leave
- Obtain a Solo Parent Identification Card from the City/Municipal Social Welfare and Development Office, valid for one year and renewable
- Submit completed application form (CS Form No. 6) with supporting documents:
- Solo Parent ID
- Child's birth certificate
- Other documents like medical certificates as needed
Responsibilities and Obligations
- Solo Parent must submit complete application and supporting documents
- Immediate Supervisor/Division Chief to recommend approval or disapproval based on documents
- Approval mandatory unless PNP exigency demands otherwise
- Personnel/Admin Officer to:
- Evaluate and verify applications
- Monitor solo parent status and investigate as needed
- Ensure guideline enforcement
- Record parental leave usage
Penal Clause
- Falsification or misrepresentation in application leads to administrative liability and potential criminal liability
Effectivity
- Circular effective 15 days after filing with the University of the Philippines Law Center
- Compliant with relevant provisions of the Revised Administrative Code of 1987