Primer on the Solo Parents’ Welfare Act of 2000 (RA 8972)

Who is considered as a “solo parent”?

A “solo parent” (pursuant to Republic Act No. 8972, also known as the “Solo Parents’ Welfare Act of 2000”) is any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or children;

(10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.

A change in the status or circumstance of the parent claiming benefits under Republic Act No. 8972, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.

Who are considered as “children”?

“Children” refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability.

What is “parental responsibility”?

With respect to minor children, it refers to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209 (also known as the “Family Code of the Philippines“). Article 220 provides that the parents and those exercising parental authority shall have, with the respect to their unemancipated children on wards, the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;

(2) To give them love and affection, advice and counsel, companionship and understanding;

(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;

(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

(7) To impose discipline on them as may be required under the circumstances; and

(8) To perform such other duties as are imposed by law upon parents and guardians.

What are the employment-related benefits available to ALL “solo parents”?

Flexible work schedule. This refers to the right of a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer. The employer shall provide for a flexible working schedule for solo parents, as long as it shall not affect individual and company productivity. In case of certain meritorious grounds, the employer may request exemption from DOLE.

No work discrimination. Employer are prohibited from discriminating against any solo parent employee with respect to terms and conditions of employment on account of his/her status.

Parental leave. “Parental leave” means leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required. 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 one (1) year.

What other benefits are available to “solo parents”?

Subject to income thresholds (“poverty threshold”) set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area, “solo parents” shall be entitled to the following:

Educational benefits, including scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education, and nonformal education programs appropriate for solo parents and their children.

Housing benefits, including allocation in government low-cost housing projects, with liberal terms of payment.

Medical assistance, with comprehensive health care programs for solo parents and their children to 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).

23 thoughts on “Primer on the Solo Parents’ Welfare Act of 2000 (RA 8972)

  1. Elizabeth

    hi im a solo parent with an id from dswd so im entitled with 7 Spl as I have been working with the company for two years. My daughter is 5 yrs old, I have a question po last thursday nwalan po ng mgbabantay sa baby ko, as in no choice po ako kundi umabsent hanggang khpon (three days of absent). Ngayon po ung company kung san ako ngwwork ayaw po tanggapin ung reason ko as spl, kasi cnsbi nila dapat ang SPL planned leave daw like vacation leave na dpt na-ifile from previous month. to my knowledge po kasi in cases like these na kailangn ng physical presence ko ung baby ko pede gmitin ung leave, I have followed the companys protocol, ngtxt po ko beforehand na everday na hndi po ako mkkpsk as naghahanap pa ko ng mgbbntay sa daughter ko. what should I do po kaya? kasi parang ang nangyri pede nila ako isuspend sa hndi ko dw pgpasok. help po.

    Reply
  2. Rhea

    Tanong ko lang po sana.. I work in cebu and my baby is in Surigao. 1st birthday po niya this April 14, 2016. Pwede po ba akong mag avail nang Solo parent leave for 4days??

    Reply
  3. Scorpio Girl

    Hello. I am also a solo parent and has been using this for 5 years now. My question is, my daughter is now 15 years old. Since we now have K12, that means even when she reach the age of 18, my daughter wouldn’t still be able to support herself. Is this law applicable to 18 years old and still dependent to me since, I am still supporting her way through college. In this primer, “Children” refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability. Please help enlighten the issue.

    Reply
  4. Ma Alma

    Hi, Im a solo parent since 2001. I already have my ID. I just want to ask if how can i avail housing benefits .Im a contractual employees of DBP Service Corporation. minimum wages. and what any other benefits can i avail to my employers. what are the requirements? thank you

    Reply
  5. Joane

    hi po im a solo parent, may id card na po ako as solo parent nagagamit ko na po e2 sa work ko for 3 yrs. nagagamit ko po yng 7 days na leave ko…. pwo just want to ask po paano maka avail sa housing benefits at sa medical assistance medyo kulang po kc salary ko wala pa kaming bahay….
    maraming salamat po
    God bless

    Reply
  6. Evangeline

    Good day Sir/Ma’am. I just want to ask if I am considered a solo parent because of the following reasons, we, I with my 6 children, left my husband because he can’t me provide the needs of my children yet he has the guts to demand for equal sharing to all the things/property I had acquire during our stay with in their house. I had read the 4th, 7th and 9th categories in the primer but it made a heated argument with my co-teachers.

    Reply

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