[Published: January 29, 2007]
This week we are featuring an old law (it was enacted November 7, 2000 and the Implementing Rules followed after two years) that should help not only the single moms but solo parents in general.
Yes, there is such a thing as the “Solo Parent Act”(RA 8972). The law aims to develop a comprehensive program of services for solo parents. Although there are no stated financial benefits it provides for extra parental leaves, educational benefits, medical and housing benefits among others.
The benefits are not limited to single mothers or unmarried solo parents – because under the law a “Solo Parent” could be any individual who falls under any of the following categories:
(1) A woman who gives birth as a result of rape or 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;
The law applies to the spouses of prisoners, whether or not a final judgment has been rendered, provided they are in detention for a minimum period of 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: Provided, that he or 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: Provided, that 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 his/her 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 provided he/she is duly licensed as a foster parent by the DSWD or duly appointed legal guardian by the court;
(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: Provided, that such abandonment, disappearance, or absence lasts for at least one (1) year,
A change in the status or circumstance of the parent claiming benefits under the Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits;
Anybody who qualifies as solo parent under the Act, may avail of some of the benefits provided by law. These privileges however are not automatically granted. Thus, any qualified solo parent would have to go through several processes before enjoying the benefits. Still despite going through the process, any solo parent for sure would appreciate extra Parental Leaves. The seven day leave shall be granted to any solo parent who has rendered service for at least one year. This leave shall not be cumulative but the leave is on top of the leave privileges under existing laws. Conditions for Entitlement of Parental Leave – A solo parent shall be entitled to parental leave provided that:
(a) He/She has rendered at least one (1) year of service whether continuous or broken at the time of the effectivity of the Act;
(b) He/She has notified his/her employer of the availment thereof within a reasonable time period; and
(c) He/She has presented a Solo Parent Identification Card to his/her employer.
15 comments
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July 12, 2007 at 2:47 am
susana c. castillo
Dear sir,
i am a government employee for 2 years. Please enlighten me if I am entitled to this Act as my husband is working abroad as a seafarer.
Thanks.
yours,
Susana C. Castillo
DOH
July 13, 2007 at 10:52 am
aryamarya
Dear Ms. Castillo,
As a general rule, physical separation per se is not enough to qualify as a solo parent.
So long as your husband faithfully sends in the the share of his benifits as prescribed by law (seafarers) directly to you and your family and your situation does not fall within any of the enumerated items above – (abandonment, de facto separation, physical or mental incapacity of spouse) – it can still be construed that your not a solo parent. If you can provide more info or if you have more questions feel free to email: manananggol@gmail.com
July 31, 2007 at 7:34 am
karen
Dear Sir,
I have separated from my husband (but not legally) since oct 2005. I am solo in raising my 9 y.o son.
Am i qualified as a solo parent? What are the benefits for solo parent?
Thank you so much.
Karen
August 1, 2007 at 12:10 pm
aryamarya
Karen,
Sa puntong ito, magandang linawin kung una (1) legally separated na ba kayo? Kung hindi naman -> (2) gaano na ba kayo katagal hiwalay? May isang taon na ba o higit pa? Kung hindi kayo legally separated pero, hiwalay na kayo ng di bababa ng isang taon AT nasa iyo pong pangangalaga o nasa poder mo ang mga bata – maari po kayong mag-file para sa mga pribelehiyo ng RA 8972.
You can be considered as a solo parent under RA 8972 provided you fall withing 3(5)
Section 3 – definitions
(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;
Ilan sa mga benipisyo sa ilalim ng batas na ito ay ang pagkakaroon ng karagdagang 7 araw na leave. Labas pa ito sa mga sick leave at vacation leaves mo. Maaring pong balikan ninyo ang ilan sa mga artikulo sa blog na ito, para sa detalye ng mga benipisyo.
Goodluck
October 3, 2007 at 9:10 am
Scorpio Lady
Hi! I’m also a solo parent with a 4 year old son. Me and my estranged fiancee were not married. What proof can I present to the DSWD so I can be issued a Solo Parent ID?And what benefits can I get from having that card?
October 4, 2007 at 2:21 pm
aryamarya
Hello, the requirements in securing a solo parent ID are:
(1) Barangay certificate residency in the area (2) documents /evidence that the applicant is a solo parent (example, death certificate of spouse, declaration of nullity of marriage, medical certificate (if incapacitated) (3) ITR or certification for the brgy./municipal treasurer
Benefits:
Package of Services of the Comprehensive Program
The comprehensive package of programs/services for solo parents includes livelihood, self-employment and skills development, employment-related benefits, psychosocial, educational, health and housing services.
April 27, 2008 at 1:44 pm
piscean
Peace! I am a mom with three wonderful kids, aged 15, 12 & 8. My eldest is going to be a 1st year college, the 2nd a 1st year high school and the 3rd a grade3 this coming schoolyear. My marriage has been ordered by the court as null and void, thus, my marriage has been annulled for almost 4 years now. My ex-husband sents his financial obligation with a minimal amount that would not be enough for the needs of my three children. I am seeking for a scholarship for my children but they need me to present a solo parent id. but the problem is, as my friends tell me even if i present an itr the people wont believe that i am indigent. my question is, does this act only for the indigent solo parents? how would you say that a person is indigent? i can consider myself as indigent because my salary can not support my three children plus me. please enlighten me and help me.
thank you.
August 25, 2008 at 7:02 am
vincent
pWeDe p0h bAng pAkI SAGUT P0H UnG HWK q0h:
mag bigay ng artikulo ng isang solo or single parents
At
anu ang mga kabutihang at di- kabutihang dulot ng pagiging single parents
ThNx p0h
August 25, 2008 at 7:05 am
vincent
plsss send nalang p0h sa email k0h
ThNx
December 17, 2008 at 1:49 am
milady27
Hello, i am a government employee for more than 10 years, single and just gave birth to a baby boy. For personal reasons, I decided not to marry the father of my son and raise the baby on my own. pwede ko po bang gamitin itong solo parents act as basis for my bosses not to discriminate against me in my work? Or for not filing administrative case against me since I gave birth out of wedlock? May legal implications din po ba ito sa akin as a government employee?
Please enlighten me po. thanks so much.
January 7, 2009 at 9:16 am
Darwin Dumo
Dear Sir,
Isa po sa mga benefits na matatanggap ay yung housing services. anong klaseng services po ba ang tinutukoy?
June 11, 2009 at 4:28 am
Liezl Ago
good am… na bigyan na po ako ng certification as a solo parent . ask ko lng po kung ano ano pa po ang mga benifits at priviledges ng isang solo parent. Thanks in advance.
August 6, 2009 at 9:10 am
narcolepticnat
hi. how and where can i get single parent ID?
thank you very much.
August 12, 2009 at 7:24 am
bhel
i am a teacher and a solo parent. I do have my i.d., currently im having problem in availing the leave priveleges as said by the law . they were saying since we are public school teachers we do not have the same leave benefits due to the paid summer vacation. Is this so? why?
September 8, 2009 at 2:02 am
Kawen
Question po ma’am, I am about to give birth in the province this October and I am working in Manila. I am single and plan to raise my baby alone. As listed in the requirements and documents regarding the residency, can I process my Solo Parent ID sa province where I will give birth, since permanent resident address ko is in the province? I am only renting an apartment in Manila. And by the time I get back to work again next year, can I use the ID in Manila, would it be valid? I am already working with the company for 2 years. Appreciate your reply.
Thanks,
Kawen