Last March 19, I gave a 3-hour legal seminar for the single parents group of a PCEC-affiliated church in Quezon City. Known as the Single Parents For Christ (SPARC), the group is composed of some 20 to 30 women who are single parents for various reasons - widowhood, separation from their husbands, grandparents left to take care of grandkids as the parents are working abroad, etc. We had a fruitful afternoon discussing the essential provisions of the Family Code of the Philippines, RA 9262 or the Anti-Violence Against Women and their Children Act of 2004, and RA 8972 or the Solo Parents’ Welfare Act of 2000. If you’d like to know more about this group of dear ladies, please surf to their website http://pcecsparc.multiply.com.
While browsing at the new OMF Lit bookstore in Boni Avenue in Mandaluyong, I saw a book entitled, if I remember correctly, “On Single Parenting” published by Zondervan, priced at around two hundred eighty pesos. Once I get a copy of the book, I will do a review on it in my Salt and Light weblog. (You might also be interested in the video “Si Nanay Ay Si Tatay” available at House of Praise outlets.) Anyway, for now, below I have a primer on our country’s solo parents’ law.
What is our country’s law for single parents?
Republic Act No. 8972 or the “Solo Parents' Welfare Act of 2000”is the Philippine law on single parents. It was promulgated on November 7, 2000.
What is the policy of the State regarding solo parents?
It is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the National Housing Authority (NHA), the Department of Labor and Employment (DOLE) and other related government and non-government agencies. (Sec.2, RA 8972)
Who is considered under the law as a “solo parent”?
Any individual who falls under any of the following categories is considered as a single parent:
[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;A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.
[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.
Who are considered as “children” under RA 8972?
The term “children” refers 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”?
The term “parental responsibility” with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the “Family Code of the Philippines.”
What is a “parental leave”?
The term “parental leave” shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.
What are the criteria for support under RA 8972?
[1] Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance;What are government agencies required to provide under RA 8972?
[2] That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of RA 8972.
A comprehensive package of social development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents.
The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families.
What are included in this package of services for single parents?
The package of services will initially include:
(a) Livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement.What is “flexible work schedule”?
(b) Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts.
(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children.
(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.
(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.
It is the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer. Under Section 6 of RA 8972, the employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.
What about the issue of work discrimination, in terms of job assignments or promotion?
Section 7 of RA 8972 provides that no employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.
What is the so-called single parent leave?
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.
A common problem of single parents is providing educational opportunities for their children. Does RA 8972 have provision on this issue?
The DECS, CHED and TESDA are mandated to provide the following benefits and privileges:
(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; andAnother problem of single parents is housing. What benefits if any are provided under RA 8972?
(2) Nonformal education programs appropriate for solo parents and their children.
Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA.
What about medical assistance?
The DOH shall develop a comprehensive health care program for solo parents and their children. The program shall 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).
How do I avail of the benefits under RA 8972?
You can communicate with the DSWD office of your town or city with regards the requirements to be submitted.
Postscript: As you can see from the above, the package of benefits for single parents is quite slim. Perhaps, our enlightened legislators will see the need to increase the assistance to single parents. One idea the SPARC ladies came up with is the “Single Parents ID” just like that of the senior citizens, with all of the corresponding benefits.
7 comments:
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hi sir! question naman po...im going through annulment na. waiting for decision na lng. here's the situation, pano po kung i got a kid outside marriage. that's before i got married to my estranged husband. so meaning he got a different father who abandon us before i gave birth to my son. my soon to be ex husband didnt adopt him. so can i be considered as one solo parent then?
I am an unmarried solo parent to 2 minors . I would like to comment that the tax exemption that i am entitled to is very minimal and unreasonable; I just hope our lawmakers will be sensitive and considerate enough to give a higher ( if not full) tax exemption and lower the taxes being imposed and deducted from my salary. I know that there are a lot of working moms like me who find the tax system in our country very discriminating; I think solo parents should not just be entitled to the exemption being enjoyed by heads of the family; we should be given higher tax exemptions since we are just alone /solo in upbringing kids , but with all the responsiblities of a father and a mother .
Hi,
I would just like to ask if Republic Act 8972 is practiced by all employers? I heard from a friend of mine that they are practicing this in their office. Whilst when I asked our HR Manager about this, she said that quote: "we are aware of this but not really practicing it...I attended a seminar on this wayback but they(meaning the management) didn't approve." Is this possible? Does this still require approval from the employer to be practiced? Since I did not see that in the provision as per RA 8972. Isn't this automatic since there's a law covering it? On my part, as a single parent, I feel that this is unfair since I am entitled for the benefits as mandated by law. Kindly advise so I can assert this to our HR.
RA 8972 is a law which your employer cannot refuse to obey. You can assert your rights especially with the solo parent leave. In terms of the flexible work schedule, the law allows the employer to seek an exemption from the DOLE under meritorious grounds.
You can ask for help from the PACU (Public Assistance and Complaints Unit) of the Department of Labor and Employment. In Metro Manila, the PACU is at the DOLE office in Intramuros, between Pamantasan ng Lungsod ng Maynila and the Bulletin. I do not know if the number is current try tel. no. 527-8000.
Good Evening!
How can i avail the flexible working time under this Act? Are there any documentary requirements to show to my employer/
Thank you very much,
Doy D.
Doy D.
Section 6 of this law states:
Flexible Work Schedule. - The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds
You have to request your employer to work out a flexible work schedule for you. If there’s any conflict between you and your employer on this issue, you can ask the PACU (Public Assistance and Complaints Unit) of the DOLE to help mediate this conflict.
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