Service Charges

Service charge is an additional pay given to covered employees by establishments that

collect service charges for services rendered. Establishments collecting service charges are
required to pay all of them to rank-and-file employees. Service charges shall be
distributed completely and equally, based on actual hours or days of work or service
rendered.

1. Concept
Service charges – refer to the additional payment for services collected by hotels,
restaurants, and similar establishments. (Article 96, Labor Code, as amended by R.A.
11360)

These establishments include those entities operating primarily as private subsidiaries of

the Government. (Section A, Chapter 7, 2022 DOLE-BWC Handbook on Workers’
Statutory Monetary Benefits, p. 24)

2. Covered and excluded employees

All employees, except managerial employees as defined by law, under the direct employ
of the covered establishment, regardless of their positions, designations or employment
status, and irrespective of the method by which their wages are paid, are covered.
(Section B, Chapter 7, Ibid.)

a. Distribution

All service charges actually collected shall be distributed completely and equally, based
on actual hours or days of work or service rendered, among the covered employees,
including those already receiving the benefit of sharing in the service charges. (Section
C, Chapter 7, Ibid.)

b. Those already enjoying the benefit prior/at effectivity of R.A. 11360

All employees who are already receiving service charge prior to, or at the time of the
effectivity of Republic Act No. 11360 and its implementing rules and regulations,
including contractor’s employees, shall continue to be entitled to the distribution of
collected service charge. (Section 2, DOLE Labor Advisory No. 14, Series of 2019)

3. Payment
The service charges collected shall be distributed and paid to the covered employees
once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.
(Section D, Chapter 7, Ibid.)

4. Minimum wage increase

In the event that the minimum wage is increased by law or wage order, the service
charges paid to the employees shall not be considered in determining the
establishment’s compliance with the increased minimum wage. (Section D, Chapter
7, Ibid.)

5. Employment contract, company

policies, CBA
The above discussion may be superseded by any stipulation favorable to the employee
via an employment contract, company policies, collective bargaining agreement, or
analogous thereto.

Maternity Leave
Maternity leave benefits are leave credits extended to covered female employees who may
want to use them during their pregnancy and even after their delivery, so that they remain
paid during such absence from work. The benefit consists of one hundred five (105) days
of leave credits with full pay, with an option to extend for an additional thirty (30) days
without pay. A female solo parent has an additional fifteen (15) days of leave credits with
full pay.

1. Concept
Pregnant female employees, whether single or married, are extended leave credits with
full pay to be used in every instance of pregnancy, miscarriage or emergency
termination of pregnancy, regardless of frequency.

2. The benefit
The benefit consists of one hundred five (105) days maternity leave with full pay and an
option to extend for an additional thirty (30) days without pay.

For a qualified solo parent, the female employee is granted an additional fifteen (15)
days maternity leave with full pay.

Maternity leave shall be granted to female workers in every instance of pregnancy,

miscarriage or emergency termination of pregnancy, regardless of frequency: Provided,
That for cases of miscarriage or emergency termination of pregnancy, sixty (60) days
maternity leave with full pay shall be granted.

An additional maternity leave of thirty (30) days, without pay, can be availed of, at the
option of the female worker: Provided, That the employer shall be given due notice, in
writing, at least forty-five (45) days before the end of her maternity leave: Provided,
further, That no prior notice shall be necessary in the event of a medical emergency but
subsequent notice shall be given to the head of the agency.

a. Usage

The benefit is designed to grant a pregnant female employee leave credits to be used
during or after her pregnancy.

Enjoyment of maternity leave cannot be deferred but should be availed of either before
or after the actual period of delivery in a continuous and uninterrupted manner.

b. Bar to recovery of sickness benefits

The payment of daily maternity benefits shall bar the recovery of sickness benefits
provided under Republic Act No. 1161, as amended, for the same period for which daily
maternity benefits have been received.

c. Non-convertible to cash
The benefit is not convertible to cash. This means that the covered female employee is
unable to convert to cash the leave credits if they are unused by the end of the year –
unlike service incentive leaves. That is because the purpose of the maternity leave
credits is to afford the covered female employee the opportunity to attend to her
pregnancy, delivery, and recovery.

d. Non-cumulative

The benefit is not cumulative. This means that the covered female employee cannot add
the unused leave credits in order to add such leave credits to the next pregnancy.

3. The Computation
The leave credit is equal to the basic salary, including mandatory and/or integrated
allowances. The pay shall not be less than the minimum wage.

The employer shall advance the full payment within thirty (30) days from the filing of the
maternity leave application.

4. Conditions for entitlement

The following are the conditions for entitlement:

1) She is a Social Security System (SSS) member who has paid at least three (3) monthly
contributions in the twelve (12)-month period immediately preceding the semester of
her childbirth, miscarriage, or emergency termination of pregnancy; and,

2) She shall have notified her employer of her pregnancy and the probable date of her
childbirth, which notice shall be transmitted to the SSS in accordance with the rules and
regulations it may provide.

5. Employer responsible for salary

differential
Female workers availing of the maternity leave period and benefits must receive their
full pay. Employers from the private sector shall be responsible for payment of the salary
differential between the actual cash benefits received from the SSS by the covered
female workers and their average weekly or regular wages, for the entire duration of the
maternity leave, with the following exceptions, subject to the guidelines to be issued by
the Department of Labor and Employment (DOLE):

1) Those operating distressed establishments;

2) Those retail/service establishments and other enterprises employing not more than
ten (10) workers;

3) Those considered as micro-business enterprises and engaged in the production,

processing, or manufacturing of products or commodities including agro-processing,
trading, and services, whose total assets are not more than Three million pesos
(₱3,000,000.00); and,

4) Those who are already providing similar or more than the benefits herein provided.

Provided, That said exemptions shall be subject to an annual submission of a

justification by the employer claiming exemption for the approval of the DOLE.

6. 100% reimbursement from the SS

The SSS shall immediately reimburse the employer of one hundred percent (100%) of
the amount of maternity benefits advanced to the female worker by the employer upon
receipt of satisfactory and legal proof of such payment.

7. Penalty against non-complying

employer
If a female worker should give birth or suffer a miscarriage or emergency termination of
pregnancy without the required contributions having been remitted for her by her
employer to the SSS, or without the latter having been previously notified by the
employer of the time of the pregnancy, the employer shall pay to the SSS damages
equivalent to the benefits which said female member would otherwise have been
entitled to.
8. Employment contract, company
policies, CBA
The above discussion may be superseded by any stipulation favorable to the employee
via an employment contract, company policies, collective bargaining agreement, or
analogous thereto.

References
▪ Republic Act No. 11210, a.k.a. 105-Day Expanded Maternity Leave Law

▪ Implementing Rules and Regulation of R.A. 11210

⦁ Book III, Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

⦁ Book IIII, Omnibus Rules Implementing the Labor Code

▪ 2022 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits

Maternity Leave - Labor Law PH

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11861, June 04, 2022 ]

AN ACT GRANTING ADDITIONAL BENEFITS TO SOLO PARENTS, AMENDING FOR THE

PURPOSE REPUBLIC ACT NO. 8972, ENTITLED “AN ACT PROVIDING FOR BENEFITS AND
 PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Section 1 of Republic Act No. 8972, entitled “An Act Providing for Benefits and Privileges
to Solo Parents and Their Children, Appropriating Funds Therefor and for Other Purposes”, is
amended to read as follows:

“Section 1. Title. – This Act shall be known as the ‘Expanded Solo Parents Welfare Act.”

Section 2. Section 2 of Republic Act No. 8972 is amended to read as follows:

“Section 2. Declaration of Policy. – It is the policy of the State to promote a just and dynamic social
order that ensures the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services, promote full employment, a rising standard of
living and an improved quality of life. The State shall also promote social justice in all phases of
national development, value the dignity of every human person and guarantee full respect for human
rights. Towards these ends, the government shall:
7!ᕼdMᗄ7

(a) Support the natural and primary rights and duty of solo parents in rearing their
children by providing for their basic needs, and extending to them assistance in
social service and welfare benefits, with the end in view of uplifting their status and
circumstances; and

(b) Adhere to international agreements and national laws on families.”

Section 3. Section 3 of Republic Act No. 8972 is amended to read as follows:

“Section 3. Definition of Terms. – As used in this Act:

(a) Child minding centers refers to a facility or area within the workplace or in
accessible locations to the solo parent or workplace of the guardian provided by the
employer where the children of a solo parent employee aged seven (7) years old and
below are habitually received for purposes of care and supervision during working
hours;

(b) Children pr dependents refer to those living with and dependent upon the solo
parent for support who are unmarried, unemployed and twenty-two (22) years old or
below, or those over twenty-two (22) years old but who are unable to fully take care
or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or condition: Provided, That this definition
shall only apply for purposes of availing the benefits under this Act;

(c) Flexible work schedule refers to a work arrangement granted to solo parent
employee to vary the arrival and departure time in t he workplace without affecting
the core work hours as defined by the employer;
 (d) Parental care and support refer to the acts of providing for the basic needs, health
care, mental and physical safety, emotional support and formation of the personality
of the child;

(e) Parental leave refers to leave benefits granted to a solo parent to enable the
performance of parental duties and responsibilities where physical presence is
required or beneficial to the child; and

(f) Spouse refers to a husband or wife by virtue of a valid marriage or a partner in a

common-law relationship as defined under Article 147 of Executive Order No. 209,
otherwise known as “The Family Code of the Philippines.”

Section 4. Section 4 of Republic Act No. 8972 is hereby repealed and a new provision is inserted to
read as follows:

“Section 4. Categories of Solo Parent. – A solo parent refers to any individual who falls under any of
the following categories:

(a) A parent who provides sole parental care and support of the child or children due
to –

(1) Birth as a consequence of rape, even without final

conviction: Provided, That the mother has the sole parental care and support
of the child or children: Provided, further, That the solo parent under this
category may still be considered a solo parent under any of the categories in
this section;

(2) Death of the spouse;

(3) Detention of the spouse for at least three (3) months or service of
sentence for a criminal conviction;

(4) Physical or mental incapacity of the spouse as certified by a public or

private medical practitioner;

(5) Legal separation or de facto separation for at least six (6) months, and the
solo parent is entrusted with the sole parental care and support of the child or
children;

(6) Declaration of nullity or annulment of marriage, as decreed by a court

recognized by law, or due to divorce, subject to existing laws, and the solo
parent is entrusted with the sole parental care and support of the child or
children; or

(7) Abandonment by the spouse for at least six (6) months;

(b) Spouse or any family member of an Overseas Filipino Worker (OFW), or the
guardian of the child or children of an OFW: Provided, That the said OFW belongs to
the low/semi-skilled worker category and is away from the Philippines for an
uninterrupted period of twelve (12) months: Provided, further, That the OFW, his or
 her spouse, family member, or guardian of the child or children of an OFW falls
under the requirements of this section;

(c) Unmarried mother or father who keeps and rears the child or children;

(d) Any legal guardian, adoptive or foster parent who solely provides parental care
and support to a child or children;

(e) Any relative within fourth (4th) civil degree of consanguinity or affinity of the
parent or legal guardian who assumes parental care and support of the child or
children as a result of the death, abandonment, disappearance or absence of the
parents or solo parent for at least six (6) months: Provided, That in cases of solo
grandparents who are senior citizens but who have the sole parental care and
support over their grandchildren who are unmarried, or unemployed and twenty-two
(22) years old or below, or those twenty-two (22) years old or over but who are
unable to fully take care or protect themselves from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition,
they shall be entitled to the benefits of this Act in addition to the benefits granted to
them by Republic Act No. 9257, otherwise known as the ‘Expanded Senior Citizens
Act of 2003’; or

(f) A pregnant woman who provides sole parental care and support to the unborn
child or children.”

Section 5. Section 5 of Republic Act No. 8972 is amended to read as follows:

“Section 5. Comprehensive Package of Social Protection Services. – A comprehensive package of

social protection services for solo parents and their families shall be developed by the Secretary of
the Department of Social Welfare and Development (DSWD) in coordination with the heads of the
Department of Health (DOH), Department of Education (DepEd), Commission on Higher Education
(CHED), Technical Education and Skills Development Authority (TESDA), Department of Labor and
Employment (DOLE), Department of Finance (DOF), Department of Migrant Workers (DMW),
Department of Justice (DOJ), National Housing Authority (NHA), Department of the Interior and
Local Government (DILG), Department of Trade and Industry (DTI), Bureau of Internal Revenue
(BIR), Civil Service Commission (CSC), Philippine Health Insurance Corporation (PhilHealth),
National Economic and Development Authority (NEDA), Philippine Commission on Women (PCW),
Union of Local Authorities of the Philippines (ULAP), local government units (LGUs) and other
concerned nongovernmental organizations (NGOs) with recognized credentials in providing services
for solo parents.

The DSWD shall coordinate with the concerned agencies the implementation of the comprehensive
package of social protection services for solo parents and their families. The package shall initially
include:

(a) x x x;

(b) x x x;

(c) x x x ;
 (d) x x x; and

(e) Targeted interventions for individuals in need of protection which include

temporary shelter, counseling, legal advice and assistance, medical care, self-
concept or ego-building, crisis management and spiritual nourishment."

Section 6. Section 7 of Republic Act No. 8972 is amended to read as follows:

"Section 7. Work Discrimination. - No employer shall discriminate against any solo parent employee
with respect to terms and conditions of employment on account of his or her status. Employers may
enter into agreements with their solo parent employees for a telecommuting program, as provided in
Republic Act No. 11165, otherwise known as the 'Telecommuting Act': Provided, That said solo
parent employees shall be given priority by their employer."

Section 7. Section 7 of Republic Act No. 8972 is hereby amended to read as follows:

"Section 8. Parental Leave. - In addition to leave privileges under exiting laws, a forfeitable and
noncumulative parental leave of not more than seven (7) working days with pay every year shall be
granted to any solo parent employee, regardless of employment status, who has rendered service of
at least six (6) months: Provided, That the parental leave benefit may be availed of by the solo
parent employees in the government and the private sector."

Section 8. Section 9 of Republic Act No. 8972 is hereby amended to read as follows:

"Section 9. Educational Benefits. - The DepEd, CHED, and TESDA shall provide scholarship
programs for solo parents and a full scholarship for one (1) child of a solo parent in institutions of
basic, higher and technical vocational shills education: Provided, That the said solo parent or child of
a solo parent has all the qualifications set for the scholarship program of the DepEd, CHED, or
TESDA: Provided, further, That the other children, if any, of a solo parent shall be given priority in
the education programs under Republic Act No. 10687, otherwise known as the 'Unified Student
Financial Assistance System for Tertiary Education (UniFAST) Act', Republic Act No. 10931
otherwise known as the 'Universal Access to Quality Tertiary Education Act', and other laws relating
to education programs of the government. Non-formal education programs appropriate for solo
parents and their children may, likewise be provided.

For purposes of this section, the children must be dependent on the solo parent for support,
unmarried, unemployed, and twenty0two (22) years of age or below.

The DepEd, CHED, and TESDA shall promulgate rules and regulations for the proper
implementation of this program."

Section 9. Section 10 of Republic Act No. 8972 is hereby repealed and a new provision is inserted
to read as follows:

"Section 10. Child Minding Centers. - The DOLE and the CSC shall promote and encourage the
establishment of appropriate child minding centers within the workplace, or in accessible locations to
the workplace or residence of the solo parent."

Section 10. A new section to be denominated as Section 13 of the same Act is hereby added to
read as follows:
"Section 13. Breastfeeding in the Workplace. - In keeping with the policy of the State under Republic
Act No. 10028, otherwise known as the 'Expanded Breastfeeding Promotion Act of 2009', the DOLE
and the CSC shall continue to encourage working mothers, who are solo parents, to practice
breastfeeding in the workplace."

Section 11. A new section to be denominated as Section 14 of the same Act is hereby added to
read as follows:

"Section 14. Social Safety Assistance. - During disasters, calamities, pandemics, and other public
health crises as may be declared by the DOH, the solo parents and their children are entitled to
social safety assistance such as food, medicines, and financial aid for domicile repair in the LGUs
where the solo parents and their children are residing, subject to the guidelines of the DSWD. The
LGUs shall ensure that the budget for social safety assistance is included in the calamity funds of
LGUs."

Section 12. A new section to be denominated as Section 15 of the same Act is hereby added to
read as follows:

"Section 15. Additional Benefits. - A solo parent shall be entitled to the following additional benefits:

(a) Means-, pension-, and subsidy-tested monthly cash subsidy of One thousand
pesos (P1,000.00) per month per solo parent who is earning a minimum wage and
below, to be allocated by the concerned city or municipal govenrment in accordance
with Section 17(b)(2)(iv) of the Local Government Code: Provided, That for fifth (5th)
class municipalities and lower, as well as the five hundred (500) municipalities with
the highest poverty incidence based on the latest municipal-level small area poverty
estimates, cash subsidy allocations may be taken from the Gender and Development
(GAD) budget and the amount of cash subsidy per recipient may be dependent on
the amount of the GAD budget: Provided, further, That the solo parent under this
section is not a recipient of any other cash assistance or subsidy from any other
government programs: Provided, finally, That a beneficiary who is also a senior
citizen or a person with disability (PWD) may continue receiving senior citizen or
PWD benefits without forfeiting the benefits under this Act;

(b) A ten percent (10%) discount and exemption from the value-added tax (VAT) on
baby's milk, food and micronutrient supplements, and sanitary diapers purchased,
duly prescribed medicines, vaccines, and other medical supplements purchased from
the birth of the child or children until six (6) years of age of a solo parent who is
earning less than Two hundred fifty thousand pesos (P250,000.00) annually, subject
to adjustment in accordance with the provisions on the exempt taxable income under
the National Internal Revenue Code (NIRC), as amended by Republic Act No.
10963, otherwise known as the "Tax Reform for Acceleration and Inclusion
(TRAIN)': Provided, That nothing in this section shall violate the provisions of
Republic Act No. 10028, otherwise known as the 'Expanded Breastfeeding
Promotion Act of 2009';

(c) Automatic coverage under the National health Insurance Program (NHIP) being
administered by the PhilHealth with premium contributions to be paid by the National
Government: Provided, That the premium contribution of solo parents in the formal
economy shall be shared equally by their employees and the National Government;
 (d) Prioritization of solo parents, particularly solo mothers in re-entering the work
force, and their children as applicable, in apprenticeships, scholarships, livelihood
training, reintegration programs for OFWs, employment information and matching
services, and other poverty alleviation programs of the TESDA, DTI, CHED, DepEd,
DOLE, DMW and other related government agencies, subject to the standard
eligibility and qualifications; and

(e) Prioritization and allocation in housing projects with liberal terms of payment on
government low-cost housing projects in accordance with housing law provisions
prioritizing applicants below poverty line as declared by the Philippine Statistics
Authority (PSA).

To avail of the additional benefits under this section, the solo parent shall present a Solo Parent
Identification Card (SPIC): Provided, That in availing the additional benefits under paragraph (2) of
this section, the solo parent booklet shall also be presented."

Section 13. A new section to be denominated as Section 16 of the same Act is hereby added to
read as follows:

"Section 16. Limitation and Termination of the Benefits of a Solo Parent. - Only a solo parent
exercising sole parental care and support of the child or children is entitled to claim the benefits of
solo parent under this Act: Provided, That a solo parent shall not lose his or her status as solo parent
if the other parent provides occasional assistance and/or seasonal gifts that do not meet the legal
requirement of support under The Family Code of the Philippines: Provided, further, That the
absence of a valid and legal marriage between the mother and father of a child or dependent doe
snot automatically entitle either individual to the benefits under this Act if the factual circumstances
demonstrate that parental care and support are shared.

When a solo parent, as defined under this Act, ceases to be such by reason of change of status and
circumstances, the said solo parent shall be ineligible to avail of the benefits under this Act."

Section 14. A new section to be denominated as Section 17 of the same Act is hereby added to
read as follows:

"Section 17. The Solo Parents Office or Division. - There shall be established a Solo Parent Office
(SPO) in every province and city and a Solo Parent Division (SPD) under the Municipal Social
Welfare and Development Office in every municipality.

The head of the SPO must be a licensed social worker and the head of the SPD must possess a
bachelor's degree.

The head of the SPO and SPD shall hold permanent position with at least a Salary Grade 12 and
Salary Grade 10, respectively, and shall be appointed by the governor or mayor, as the case may
be.

The SPO shall have at least three (3) staff members while the SPD shall have at least one (1) staff
member.

The offices of the governor, mayor or social welfare office, as the case may be, shall exercise
supervision over the SPO or SPD relative to their plans, programs and activities. The SPO or SPD
shall establish linkages and work together with accredited civil society and nongovernmental
organizations, political organizations, and the barangays in their respective areas.

The SPO or SPD shall:

(a) Plan, implement, and monitor yearly work programs in pursuance of the
objectives of this Act;

(b) Draw up a list of available and required services from the solo parents;

(c) Maintain and regularly update, on a quarterly basis, the list of solo parents and
issue free SPIC;

(d) Issue free booklets to solo parents;

(e) Serve as a general information and liaison center for solo parents;

(f) Monitor compliance with the provisions of this Act, particularly the grant of
privileges and additional benefits;

(g) Report to the governor, mayor or office of the social welfare, any individual,
establishment, business entity, institution or agency that violates any any provision of
this Act;

(h) Assist the solo parents in filing the complaints against any individual,
establishment, business entity, institution or agency that refuses or fails to provide
the privileges and additional benefits of solo parents granted under this Act; and

(i) Provide such other services as may be required under this Act."

Section 15. A new section to be denominated as Section 18 of the same Act is hereby added to
read as follows:

"Section 18. Recording and Maintaining a Solo Parents Database. - The DSWD, in coordination with
the DILG, shall establish and maintain a centralized database of all solo parents who have been
issued SPIC or booklets by the SPOs and SPDs. To this end, the LGUs shall submit the list of solo
parents receiving benefits under this Act to the DSWD on a quarterly basis.

In cases of multiple entries or other badges of fraud, the DSWD shall notify the concerned LGU for
its appropriate action."

Section 16. A new section to be denominated as Section 19 of the same Act is hereby added to
read as follows:

"Section 19. Documentary Requirements. - For purposes of registration and issuance of SPIC and
booklet, the solo parent shall submit authenticated or certified true copies of the following documents
to the SPO or SPD where the solo parent resides:

(a) For the solo parent with child or children as a consequence of rape falling under
Section 4(a)(1) of this Act:
 (1) Birth certificate/s of the child or children;

(2) Complaint affidavit;

(3) Medical record on the incident of rape; and

(4) Sworn affidavit declaring that the solo parent has the sole parental care
and support of the child or children at the time of the execution of
affidavit: Provided, That for purposes of issuance of subsequent SPIC or
booklet, only the sworn affidavit shall be submitted every year.

(b) For the solo parent on account of the death of the spouse falling under Section
4(a)(2) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate;

(3) Death certificate of the spouse; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner of co-parent, and has the sole parental care and support of the child
or children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, only the sworn affidavit shall be submitted every year.

(c) For the solo parent on account of the detention or criminal conviction of the
spouse falling under Section 4(a)(3) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate;

(3) Certificate of detention or a certification that the spouse is serving

sentence for at least three (3) months issued by the law enforcement agency
having actual custody of the detained spouse, or commitment order issued
by the court pursuant to a conviction of the spouse; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(d) For solo parent on account of physical or mental incapacity of the spouse falling
under Section 4(a)(4) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate or affidavit of cohabitation;

 (3) Medical record or medical abstract evidencing the physical or mental
state of the incapacitated spouse issued not more than three (3) months
before the submission; and

(4) Sworn affidavit that the solo parent is not cohabiting with a partner or co-
parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(e) For the solo parent on account of legal or de facto separation of spouse falling
under Section 4(a)(5) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate;

(3) Judicial decree of legal separation of the spouses or, in the case of de
facto separation, an affidavit of two (2) disintegrated persons attesting to the
fact of separation of the spouses; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(f) For the solo parent on account of declaration of nullity or annulment of marriage
falling under Section 4(a)(6) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate;

(3) Judicial decree of nullity or annulment of marriage or judicial recognition

of foreign divorce; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(g) For the solo parent on account of abandonment by the spouse falling under
Section 4(a)(7) of this Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate or affidavit of the applicant solo parent;

 (3) Affidavit of two (2) disinterested persons attesting to the abandonment of
the spouse;

(4) Police or barangay record of the fact of abandonment; and

(5) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, only sworn affidavit shall be submitted every year

(h) For the spouse or any family member of an OFW falling under Section 4(b) of this
Act:

(1) Birth certificate/s of the child or children;

(2) Marriage certificate of the applicant;

(3) Overseas Employment Certificate (OEC) or its equivalent document;

(4) Copy of passport stamps showing continuous twelve (12) months of

overseas work;

(5) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3), (4), (5), and (6) under this paragraph shall
be submitted every year.

(i) For the unmarried father or mother who keeps and rears the child or children
falling under Section 4(c) of this Act:

(1) Birth certificate/s of the child or children;

(2) Certificate of No Marriage (CENOMAR);

(3) Affidavit of a barangay official attesting that the solo parent is a resident of
the barangay and that the children are under the parental care and support of
the applicant solo parent; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (2), (3) and (4) under this paragraph shall be
submitted every year.

(j) For the solo parent who is a legal guardian, adoptive or foster parent falling under
Section 4(d) of this Act:

(1) Birth certificate/s of the child or children;

(2) Proof of guardianship, foster care or adoption;

 (3) Affidavit of a barangay official attesting that the solo parent is a resident of
the barangay and that the children are under the parental care and support of
the applicant solo parent; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(k) For any relative within the fourth (4th) civil degree of consanguinity or affinity of
the parent or legal guardian who assumes parental care and support of the child or
children falling under Section 4(e) of this Act:

(1) Birth certificate/s of the child or children;

(2) Death certificate of the parents or legal guardian, or police

or barangay records evidencing the fact of disappearance or absence of the
parent or legal guardian for at least six (6) months;

(3) Affidavit of a barangay official attesting that the solo parent is a resident of
the barangay and that the children are under the parental care and support of
the applicant solo parent; and

(4) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children: Provided, That for purposes of issuance of subsequent SPIC or
booklet, requirement numbers (3) and (4) under this paragraph shall be
submitted every year.

(l) For the solo parent who is pregnant woman falling under Section 4(f) of this Act:

(1) Medical record of her pregnancy;

(2) Affidavit of a barangay official attesting that the solo parent is a resident of
the barangay and that the children are under the parental care and support of
the applicant solo parent; and

(3) Sworn affidavit declaring that the solo parent is not cohabiting with a
partner or co-parent, and has sole parental care and support of the child or
children.

(m) For the solo parent availing subsidy and discounts provided for under Section 15,
paragraphs (1) and (2) of this Act, the following additional documentary requirements
shall be submitted:

(1) Affidavit of no employment;

(2) Income Tax Return (ITR);

(3) Social case study issued by the DSWD; or

 (4) Any verifiable proof of income.

Custodians of the documents, records, data or information shall ensure the utmost confidentiality of
the same, in compliance with Republic Act No. 10173, otherwise known as the 'Data Privacy Act of
2012'."

Section 17. A new section to be denominated as Section 20 of the same Act is hereby added to
read as follows:

"Section 20. SPIC and Booklet. - The SPO of the province or city, or the SPD of the municipality
shall review and verify the documents submitted by the applicant and shall issue the SPIC and
booklet, if applicable, within seven (7) working days from receipt of complete documents. In case of
dispute, the Municipal/City/Provincial Social Welfare and Development Office (M/C/PSWDO), as the
case may be, shall resolve the same within five (5) working days.

The SPIC and booklet are valid for one (1) year."

Section 18. A new section to be denominated as Section 21 of the same Act is hereby added to
read as follows:

"Section 21. National Solo Parents Day and Week. - To commemorate the role and significance of
every solo parent in the Philippines, the third week and third Saturday of April of every year are
hereby declared as Solo Parents Week and National Solo Parents Day, respectively."

Section 19. A new section to be denominated as Section 22 of the same Act is hereby added to
read as follows:

"Section 22. Abused, Abandoned, or Neglected Solo parents or Solo Parents Who are Victims of
Domestic Violence. - In cases where a solo parent has been abused, abandoned, or neglected by
his or her co-parent, he or she may seek the help of the DSWD, which, in turn, shall coordinate with
the respective barangay officials and/or police officers assigned in the nearest Philippine National
Police station where the abused, abandoned, or neglected parent resides, in order to provide
immediate assistance. If the co-parent is gainfully employed, the abused, abandoned, or neglected
parent shall have the right to retain a portion of the former's income, to be agreed upon by both
parents or by a valid order issued by a court of competent jurisdiction, for the support of the child."

Section 20. A new section 23 is hereby inserted to read as follows:

"Section 23. Special Protections for Adolescent Solo Parents. - In addition to the provisions of this
Act, adolescent solo parents, including victims of child marriages, shall also be provided with
assistance from the DSWD and the DOH which may include counseling and psycho-social services,
and from the DepEd, CHED, and TESDA in the form of home-based, in-school, or technical
education, as warranted."

Section 21. A new section to be denominated as Section 24 of the same Act is hereby added to
read as follows:

"Section 24. Inter-Agency Coordinating and Monitoring Committee. - An Inter-Agency Coordinating

and Monitoring Committee (IACMC) is hereby established and is composed of the following:

(a) Chairperson - Secretary of the Social Welfare and Development;

 (b) Vice-Chairperson - Secretary of the Interior and Local Government;

(c) Members:

(1) Secretary of Finance;

(2) Secretary of Health;

(3) Secretary of Education;

(4) Secretary of Labor and Employment;

(5) Secretary of Trade and Industry;

(6) Secretary of Justice;

(7) Secretary of DMW;

(8) Chairperson of CHED;

(9) Chairperson of CSC;

(10) Chairperson of PCW;

(11) Director General of NEDA;

(12) Director General of TESDA;

(13) General Manager of NHA;

(14) President of PhilHealth;

(15) Representative of ULAP; and

(16) Representative of civil society and nongovernmental organizations with

recognized credentials in providing services to solo parents to be appointed
by the Secretary of the DSWD.

The Chairperson, Vice-Chairperson and members of the IACMC shall meet quarterly and shall
submit a report to Congress on the implementation of this Act every three (3) years from the
establishment of the IACMC. They may designate their respective representatives who must have at
least a rank of Assistant Secretary or its equivalent.

The IACMC shall accurately gather demographic data on the solo parents and their children, by
utilizing the Community-based Monitoring System (CBMS) under Republic Act No. 11315, otherwise
known as the 'Community-Based Monitoring Systems Act'. The PSA shall conduct every four (4)
1aшphi1

years an updated demographic survey on solo parents and their children."

Section 22. A new section to be denominated as Section 25 of the same Act is hereby added to
read as follows:
"Section 25. Joint Congressional Oversight Committee on Solo Parents. - There is hereby created a
Joint Congressional Oversight Committee on Solo Parents (JCOCSP), to monitor the
implementation of this Act. The JCOCSP shall set the overall framework for reviewing the
implementation of this Act, determining inherent vulnerabilities in the law, and recommending the
necessary legislative or executive measures.

The JCOCSP shall be composed of five (5) senators and five (5) representatives to be appointed by
the Senate President and House Speaker, respectively. The JCOCSP shall be co-chaired by the
+3u.7!ydmb7

Chairpersons of the Committee on Revisions of Laws of the House of Representatives and the
Committee on Women, Children, Family Relations and Gender Equality of the Senate."

Section 23. A new section to be denominated as Section 26 of the same Act is hereby added to
read as follows:

"Section 26. Prohibited Acts and Penalties. - (a) Any person, corporation, entity or agency that
refuses or fails to provide the benefits granted to the solo parent in violation of this Act shall suffer
the following penalties:

(1) For the first violation - a fine of not less than Ten thousand pesos (P10,000.00)
but not more than Fifty thousand pesos (P50,000.00) or imprisonment of not less
than six (6) months but not more than one (1) year, or both, at the discretion of the
court.

(2) For any subsequent violation - a fine of not less than One hundred thousand
pesos (P100,000.00) but not more than Two hundred thousand pesos (P200,000.00)
or imprisonment of not less than than one (1) year but not more than two (2) years,
or both at the discretion of the court.

If the offender is a corporation, partnership, organization or any similar entity, the officials and
employees who directly participated in the violation/s shall be held liable.

The proper authorities may, after due notice and hearing, also cause the cancellation or revocation
of the business permit, permit to operate, franchise and other similar privileges granted to any
business that fails to abide by the provisions of this Act.

If the offender is a foreigner, the foreigner shall be deported immediately after service of sentence
without further deportation proceedings.

(b) Any person who misrepresents status or falsifies any document to avail of the benefits, ot cause
another person to avail or be denied of the benefits provided under this Act, or any person who
abuses the privileges and benefits granted herein shall be punished with a fine of not more than Fifty
thousand pesos (P50,000.00) and imprisonment of not less than six (6) months but not more than
one (1) year, or both, at the discretion of the court.

When the offender or the person responsible for the offenses punishable under paragraphs (a) and
(b) of this section is a public officer or employee as defined in Executive Order No. 292, or the
'Administrative Code of 1987', and the offense was committed in the exercise of official duties, such
officer or employee shall suffer the penalty of removal from office and perpetual disqualification from
holding public office, in addition to the penalty provided in the preceding paragraph.
The penalties under this Act shall be without prejudice to the imposition of higher penalties existing
under other laws."

Section 24. Section 13 of the same Act is hereby amended and renumbered as Section 27, to read
as follows:

"Section 27. Implementing Rules and Regulations. - Within ninety (90) days from the approval of
this Act, the Secretary of Social Welfare and Development shall, in consultation and coordination
with the members of the IACMC, as provided for under Section 24 of this Act, issue the necessary
rules and regulations for the effective implementation of this Act."

Section 25. Section 14 of the same Act is hereby amended and renumbered as Section 28, to read
as follows:

"Section 28. Appropriations. - The amount necessary to carry out the provisions of this Act shall be
included in the budget of the concerned government agencies in the General Appropriations Act
(GAA).

Government agencies and LGUs may also utilize a portion of their respective GAD budget to
implement this Act anchored on the guidelines issued by the Department of Budget and
Management, NEDA and PCW."

Section 26. Section 15 and 16 of the same Act shall be renumbered as hereby renumbered in this
Act as Sections 29 and 30, respectively.

Section 27. Section 17 of the same Act is hereby amended and renumbered as Section 31, to read
as follows:

"Section 31. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,

(SGD.) LORD ALAN JAY Q. VELASCO (SGD.) VICENTE C. SOTTO III

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 1411 and House Bill No. 8097, was passed by
the Senate of the Philippines and the House of Representatives on January 24, 2022.

(SGD.) MARK LLANDRO L. MENDOZA (SGD.) MYRA MARIE D. VILLARICA

Secretary General House of Representatives Secretary of the Senate

Approved: Lapsed into law on JUN 04 2022 without the signature of the President, in accordance
with Article VI, Section 27 (1) of the Constitution.

RODRIGO ROA DUTERTE

President of the Philippines