Section 1. Title.
- This Act shall be known as the "Solo Parents'
Welfare
Act of 2000."
Sec. 2. Declaration
of Policy. - 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
nongovernment
agencies.chan
robles virtual law library
Sec. 3. Definition
of Terms. - Whenever used in this Act, the following terms shall
mean
as follows:
(a)
"Solo
parent" - 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 this
Act,
such that he/she is no longer left alone with the responsibility of
parenthood,
shall terminate his/her eligibility for these benefits.
(b) "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.chan
robles virtual law library
(c) "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."
(d) "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.
(e) "Flexible
work schedule" - 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.
Sec. 4. Criteria
for Support. - 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: Provided, however, That
any
solo parent whose income is above the poverty threshold shall enjoy the
benefits mentioned in Sections 6, 7 and 8 of this Act.
Sec. 5. Comprehensive
Package of Social Development and Welfare Services. - 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. The package 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.
(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.chan
robles virtual law library
Sec. 6. 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.
Sec. 7. Work
Discrimination. - No employer shall discriminate against any solo
parent
employee with respect to terms and conditions of employment on account
of his/her status.
Sec. 8. Parental
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.
Sec. 9. Educational
Benefits. - The DECS, CHED and TESDA shall 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; and
(2)
Nonformal
education programs appropriate for solo parents and their children.
The DECS,
CHED
and TESDA shall promulgate rules and regulations for the proper
implementation
of this program.
Sec. 10. Housing
Benefits. - 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.
Sec. 11. 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).
Sec. 12. Additional
Powers and Functions of the DSWD. — The DSWD shall perform the
following
additional powers and functions relative to the welfare of solo parents
and their families:
(a)
Conduct
research necessary to: (1) develop a new body of knowledge on solo
parents;
(2) define executive and legislative measures needed to promote and
protect
the interest of solo parents and their children; and (3) assess the
effectiveness
of programs designed for disadvantaged solo parents and their children;
(b)
Coordinate
the activities of various governmental and nongovernmental
organizations
engaged in promoting and protecting the interests of solo parents and
their
children; and
(c)
Monitor
the implementation of the provisions of this Act and suggest mechanisms
by which such provisions are effectively implemented.chan
robles virtual law library
Sec. 13. Implementing
Rules and Regulations. - An interagency committee headed by the
DSWD,
in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is
hereby established which shall formulate, within ninety (90) days upon
the effectivity of this Act, the implementing rules and regulations in
consultation with the local government units, nongovernment
organizations
and people's organizations.
Sec. 14. Appropriations.
- The amount necessary to carry out the provisions of this Act shall be
included in the budget of concerned government agencies in the General
Appropriations Act of the year following its enactment into law and
thereafter.
Sec. 15. Repealing
Clause. - All laws, decrees, executive orders, administrative
orders
or parts thereof inconsistent with the provisions of this Act are
hereby
repealed, amended or modified accordingly.
Sec. 16. Separability
Clause. - If any provision of this Act is held invalid or
unconstitutional,
other provisions not affected thereby shall continue to be in full
force
and effect.
Sec. 17. Effectivity
Clause. - This Act shall take effect fifteen (15) days following
its
complete publication in the Official Gazette or in at least two
(2) newspaper of general circulation.
Approved: November 7, 2000
