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

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).

Atty.Fred

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

  1. ms.anne

    How or where can we get the said employment-related benefits available to ALL “solo parents”?
    please email me:namebeginswidj@yahoo.com

    Reply
  2. vievic

    have nice time to all… can you please help me what will i do if the mother of my niece is now getting the kid in our custody while the kid is still in schooling…. the kid is only 3 years old. this is what the story is… the boy was brought by my mother to philippines when he was 6 months with the consent of the mother of the boy named kenji lhorayne. so the boy was on our custody until he was about to 2years of age then suddenly his mother brought him to cavite then 4 months later the mother gave back the boy to our custody last may with the full consent of Ms Lolita Montoya the mother of the kid. then after few months there has been a misunderstanding between the father and the mother of the kid (they are not married) due to some personal points. Now the mother wants to get her kid to our custody but my brother’s advice was not to give the kid(kenji) without any arrangements because the mother threatened my brother(father of the kid) that she will not let anybody from our party including the father of the kid to see or visit kenji and she said that she will keep kenji away from us. please give me some advice what to do… please please

    Reply
  3. Annie Garcia

    Gud day! I want to ask how to avail for this solo parent benefits. I’m a government employee, 50 yrs. old. I would like to avail of ths 7day leave. What will I have to do if my employer doesn’t allow me to enjoy this benefi?. Where can I ask for assistance. Thanks a lot!

    Reply
  4. chi.gamez

    Good day! If the dad acknowledges the child but doesn’t give any child support, can I still apply for a Solo Parent Card so I can avail the benefits of this said welfare. Thank you

    Reply
  5. consequence

    Atty,
    I just wanted to be educated with the issue child support..I am a single parent I have a child from a married man. He has 2 kids before he had a child with me, then within a year after I gave birth he and his wife had their 3rd child. The man and I talked on how to raise my child. I know he is not earning that much, but we made a certain arrangement that we can share for my Kid’s needs ( well you know Milk to be precise,)not even 50% or should I say 20% of his salary. There was no written agreement for monthly allowance for my Child though. For the past 3 yrs the total months for the allowance is only 1 ½ yrs. Most of the expenses is on my side. (Hospitalization,check ups, birthdays etc.) There were times he visits ‘our’ child only when he’s going to give the allowance. With my status as a bread winner I cannot provide all the needs of my child unless he helps voluntarily. Is it possible that I can demand for monthly allowance without legal consent? or what should I do so he can help with the “responsibility” ( without his wife knowing). Not that I care that we’ll be back together, I only need him to support me support the child, if not father per se but at least financial issue. I’d truly appreciate your response on these queries. Thank you so much

    Reply
  6. kimmie

    hi, i am a solo parent for 7 years now. what is the first step for this in order for me to have the said benefits. thanks.

    Reply
  7. Jo

    Hi, I’m a single mom.. Now a solo parent, due to refusal of the father to support my kid. I would like to have the said benefits of a solo parent, how can I have/avail of these benefits? Thank you.

    Reply
  8. daf_g

    Hi sir, I am a mom of a 2 yr old child. I got pregnant when I was 17, gave birth at 18 & my ex that time is still studying at around the age of 26 he’s now turning 30 and has never provided us support because he never had a job. We used to be together until things got bad when I started working, he admitted that he used drugs , I caught him spending my own money for gambling & drinking. I broke up w/ him and threw him out of our house. Since then, he never improved his lifestyle, still got no job and live w/ his parents & still a drunkard. I am having a fear that my son could grow up just like him if he still sees his father like that when he grows older. The father is demanding some time w/ his son, I give him the liberty of getting the child once a week but then, he abused it. He used to keep on texting me that he want’s me back, calls up my office, calls me bad things whenever he gets his son from our house. Things got ugly when I banned him from coming in our house & hides from him, He bangs our gate every saturday morning and shouts at me. It caused trauma to me & to my child. Now, my parents decided to just give the child to him every now & then for the sake of diplomacy but now we’re having a hard time getting the child back every night. I always have to argue w/ him & fetch the child up myself from their house. I badly want to stop this visitation rights thing w/ my child & his father because my son is liking his dad so much & even shows some bad manners that he might have gotten from his father. I want to know my rights are. & how can i waive his visitation rights since he’s not doing any good for my son… Pls help me sir. thanks.

    Reply
  9. singlemomsphil

    Wit the kind permission of the Admin.

    We would like to encourage all single moms to join our group.

    “Single Mom Philippines (SMP) is a community group on Facebook designed to unite, empower, educate, engage, energize, equip and enhance the quality of life for single mothers and their children. The movement strives to organize and create a unified voice for single moms as well as to dispel negative myths and stereotypes by redefining the face and character of single moms in the Philippines.

    Thank you,

    Reply

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