EXPANDED

SOLO
PARENT ACT
R. A NO. 11861

Cebu Institute of Technology- University

TITLE
These rules and regulations shall be known as cited as the
Revised Implementing Rules and Regulations (RIRR) of
Republic Act No. 8972 (R.A. No. 8972) or the "Solo
Parents Welfare Act of 2000", as amended by Republic
Act No. 11861 (R.A. No. 11861) or the "Expanded Solo
Parents Welfare Act".
PURPOSE
These Revised IRR are promulgated pursuant to Section 24
of R.A. No. 11861
“to prescribe the procedure and guidelines for the
effective implementation of the "Expanded Solo Parents
Welfare Act".
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, arising standard of living and an
improved quality of life
DECLARATION OF POLICY

The State shall also promote social justice in all phases of national
development, value of dignity of every human person and guarantee full
respect for human rights.
DECLARATION OF POLICY
Towards these ends, the government shall:

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 services and welfare benefits, with the end in
view of uplifting their status and circumstances;
b. Adhere to international agreements and national laws on families.
DEFINITION OF TERMS
(a) "Adolescent parents" - refer primarily to men and women, who are
nineteen (19) years of age and below, who have a children and opt to
parent and raise the child or children on his/her own

(b) “Adoptive parent" - refers to a person who, through adoption, is

considered the legitimate parent of a child over whom he/she has parental
authority.
DEFINITION OF TERMS
(c) "Baby's milk" - refers to breastmilk substitute, defined as any food
being marketed or otherwise represented as partial or total replacement
for breastmilk, whether suitable for that purpose.
(d) "Child-minding center" - refers to a facility or an area within the
workplace or in accessible locations to the solo parent or workplace of the
guardian provided by the employer where the solo parent employee's
child, children, or dependent/s who are aged seven (7) years old and
below is/are habitually received for purposes of care and supervision
during working hours.
DEFINITION OF TERMS
(e) “Children or 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 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
DEFINITION OF TERMS
PROVIDED, THAT children or dependent/s entitled to be supported
beyond the age of majority shall be limited to those who are in school or in
training for some profession, trade or vocation, consistent with and as
provided in Article 194 of Executive Order No. 209 (E.O. No. 209), or The
Family Code of the Philippines;
PROVIDED, FURTHER, That this definition shall only apply for purposes of
availing of the benefits under this Act
DEFINITION OF TERMS
(f) "Flexible working schedule" - also known as flexitime or gliding
schedule refers to a work arrangement granted to a solo parent employee,
whether private or public, to vary the arrival and departure time in the
workplace without affecting the core work hours as defined by the
employer, or agreed upon by the solo parent employee and his/her
employe
DEFINITION OF TERMS
(g) "Parental care and support" - refer to the acts of nurturing and
providing for the basic needs, health care, mental and physical safety,
emotional support, and development of the personality of the child,
children, or dependent/s, and do not depend solely on the financial
capability of or support given by the person obligated to a support
CRITERIA,
QUALIFICATION AND
CATEGORIES OF
SOLO PARENTS

ARTICLE IV
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

a. A parent who provides solo parental care and support of the

child or children due to:
(1) Birth of a child or children as a consequence of rape, even
without a final conviction of the offender;
Provided, That the mother has the sole parental custody, care
and is the sole support of the child or children:
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:
a. A parent who provides solo parental care and support of the
child or children due to:
(1) Birth of a child or children as a consequence of rape, even
without a final conviction of the offender;
Provided, further, that the mother under this category may still
be considered a solo parent under any of the categories in this
section.
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

a. A parent who provides solo parental care and support of the

child or children due to:

(2) Death of his/her spouse;

(3) Detention of his/her spouse for at least three (3) months or
service of sentence for a criminal conviction
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:
a. A parent who provides solo parental care and support of the
child or children due to:
(4) Physical or mental incapacity of his/her spouse as certified
by a public or private medical practitioner:
Provided. That the physical or mental incapacity of the spouse
prevents him/her from performing his/her parental duty;
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:
a. A parent who provides solo parental care and support of the
child or children due to:

(5) Legal separation or de facto separation from his/her spouse

for at least six (6) months and the solo parent is entrusted with
the solo parental care and support of the child or children;
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:
a. A parent who provides solo parental care and support of the
child or children due to:
(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 solo parent is
entrusted with solo parental care and support of the child or
children; or
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

a. A parent who provides solo parental care and support of the

child or children due to:

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

CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

b. A spouse or any family member of an OFW, as defined in item

(e) of this Section, 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 or semi-skilled
worker category, and is away from the Philippines for an
uninterrupted period of twelve (12) months:
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:
b. A spouse or any family member of an OFW, as defined in item
(e) of this Section, of an Overseas Filipino Worker (OFW), or the
guardian of the child or children of an OFW:
Provided, further, that the OFW, his/her spouse, family member
or guardian of the child, or children of an OFW, belongs to low or
semi-skilled worker category, subject to the assessment of the
duly appointed or designated social worker;
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

c. An unmarried mother or father who keeps and rears his/her

child or children;

d. Any legal guardian, adoptive or foster parent who solely

provides parental care and support to a child or children;
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

e. Any relative within the fourth (4th) civil degree of

consanguinity or affinity of the parent or legal guardian whose
death, or disappearance, absence or abandonment of the child
or children, for at least six (6) months, led to the said relative
assuming solo parental care and support of the child or
children:
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:
Provided, That in case of solo grandparents who are senior
citizens and who have the sole parental care and support over their
grandchild or grandchildren who are unmarried, or unemployed, and
twenty-two (22) years old or below, or those twenty-two (22) or
over but who are unable to fully take care or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because
of physical or mental disability or condition,
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

The solo grandparents shall be entitled to the benefits of this

Act in addition to the benefits granted to them by Republic Act
No. 9994 (R.A. No. 9994) or the "Expanded Senior Citizens Act
of 2003"
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

Provided, further, That the child or children entitled to be

supported beyond the age of majority shall be limited to those
who are in school or in training for some profession, trade or
vocation, consistent with and as provided in Article 194 of
Executive Order No. 209 (E.O. No. 209), or The Family Code of
the Philippines
CATEGORIES OF A SOLO PARENT
A solo parent refers to any individual who falls under any of the
folowing categories:

f. A pregnant woman who provides sole parental care and

support for her unborn child or children.
QUALIFICATIONS OF A SOLO PARENT
A solo parent seeking benefits other than those provided for under
Article V of these Revised IRR shall be qualified based on the
following:
a. A resident of the place where the assistance is sought, as certified
by the barangay chairperson, or his/her duly authorized
representative: Provided, That if the solo parent is a transferee from
another barangay, he/she shall secure a clearance from his/her
previous barangay, indicating whether he/she has availed of any
benefits for solo parents, and the nature of such benefits;
QUALIFICATIONS OF A SOLO PARENT
A solo parent seeking benefits other than those provided
for under Article V of these Revised IRR shall be qualified
based on the following:

b. With an income level equal to or below the poverty

threshold as determined by the PSA and assessed by a
social worker as provided for in these Revised IRR
CRITERIA FOR ASSISTANCE
Any solo parent whose income in the place of residence is
equal to or below the poverty threshold as set by the PSA
and subject to the assessment of the duly appointed or
designated social 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 5, 6, 7, 8, 9, 10 and 11 of the Act.
BENEFITS OF
A SOLO
PARENT
ARTICLE V
PARENTAL LEAVE
In addition to leave privileges under existing 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 working in the private or public sector, who
has rendered service of at least six (6) months, regardless of
employment status:
PARENTAL LEAVE

Provided, that a valid SPIC is the only requirement to avail of

parental leave by qualified solo parents.

A solo parent kasambahay shall also be entitled to the seven-day

parental leave benefits, provided that they have rendered service
of at least six (6) months to the same employer.
PARENTAL LEAVE

If there is an existing or similar benefit under a company policy, or

a collective bargaining agreement (CBA) or collective negotiation
agreement (CNA) the same shall be created as such.
If the same is greater that seven (7) days provided for in the
Act, the greater benefit shall prevail.
CONDITIONS FOR ENTITLEMENT
Solo parents shall be entitled to parental leave provided that:

a. They have rendered at least six (6) months of service,

whether continuous or interrupted, at the time of the effectivity of
the Act.
b. They have notified his/her employer of the availment thereof
within a reasonable time; and
c. They have presented a valid SPIC.
NON-CONVERSION

In the event that the parental leave is not availed of, said leave
shall be convertible to cash unless specifically agreed upon
previously by the employer and the employee.
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.
CHILD-MINDING CENTERS

The child-minding centers shall be available free of charge to their

employees, with priority given for those who are solo parents as
defined under this Act. This service shall be provided within the
workplace, as much as possible, or in accessible locations to the
employees, particularly the solo parents.
CHILD-MINDING CENTERS
The following may establish child minding centers to
accommodate their employees' children who are aged seven (7)
years and below.

1. National government agencies with more than three hundred

(300) employees;
2. government-owned and controlled corporations (GOCCs);and
3. private employers with two hundred (200) or more
employees
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:
EDUCATIONAL BENEFITS
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.
FLEXIBLE WORKING SCHEDULE
The employer shall provide for a flexible work 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.
FLEXIBLE WORKING SCHEDULE
In the case of employees in the government service:
flexible working hours will be subject to the discretion of the
head of the agency
In no case shall the employee's working hours be less than forty
(40) hours of work per week. The agency shall ensure that the
public is assured of the continuous service of the agency from 8
o'clock in the morning to 5 o'clock in the afternoon, to include
lunch breaks on all working days.
TELECOMMUTING
Solo parent employees shall be given priority by their employer.

Provided, That such terms and conditions shall not be less than
the minimum labor standards set by law

The CSC shall promulgate guidelines on telecommuting for

government employees, upon such term and conditions that shall
be beneficial to them, giving priority to solo parents workings in
the public sector.
SOCIAL PROTECTION SERVICES
The DSWD, in coordination with other government agencies, is
also mandated to provide solo parents with targeted
interventions for individuals in need of protection which include:
temporary shelter, ego-building,
counseling, crisis
legal advice and assistance, management, and
medical care, spiritual nourishment.
self-concept
MEDICAL ASSISTANCE
The DOH shall ensure access to package of primary care services
for solo parent and their children through the retained hospitals
and medical centers, and the LGUs through their
provincial/district/city/municipal hospitals and rural health units
(RHUs).
SOCIAL SAFETY ASSISTANCE
During disasters and calamities as declared by the NDRRMC, or
pandemics and other public health crises as declared by the DOH,
the solo parent and their children shall be entitled to social
safety assistance such as food, medicines, and financial aid for
house repair from the LGUs where the solo parents and their
children are residing.
ADDITIONAL
BENEFITS

ARTICLE VI
ADDITIONAL BENEFITS
A solo parent shall be entitled to the following additional benefits:
1. 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 government in
accordance with Section 17(b)(2)(iv) of the Local Government
Code:
ADDITIONAL BENEFITS
2. A ten percent (10%) discount and exemption from the value-
added tax (VAT) on:
baby’s milk
food and micronutrient supplements
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, where the solo parent is unemployed or is
earning less than two hundred fifty thousand pesos (P250,000.00)
annually,
ADDITIONAL BENEFITS
3. Automatic coverage under the National Health Insurance
Program (NHIP) administered by the PhilHealth with the solo
parent's premium contributions to be paid by the National
Government:
Provided, That the solo parent's premium contribution in the
formal economy shall be shared equally by the solo parent's
employers and the National Government.
ADDITIONAL BENEFITS
4. Prioritization of solo parents in re-entering the workforce, 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
ADDITIONAL BENEFITS
5. 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 the poverty line as declared by the Philippine Statistics
Authority (PSA).
PRESENTATION OF THE SPIC TO AVAIL OF ADDITIONAL
BENEFITS.

To avail of the additional benefits under this section, the solo

parent shall present his/her SPIC. In availing of the additional
benefits under paragraph (b) of this section, the solo parent
booklet shall also be presented, in addition to the SPIC.
LIMITATION AND
TERMINATION OF
THE BENEFITS OF
A SOLO PARENT

ARTICLE VII
LIMITATION OF THE BENEFITS OF A SOLO PARENT.

Only a solo parent exercising sole parental custody, care and

support of a child, children, or dependent/s is entitled to claim the
benefits of a solo parent under this Rule.

Provided, That a solo parent shall not lose his/her status as a

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:
TERMINATION OF THE BENEFITS OF THE SOLO PARENT.

When a solo parent, as defined under this Act cease to be such

by reason of a change of status and circumstances, the said
solo parent shall be ineligible to avail of the benefits under this
Act.
TERMINATION OF THE BENEFITS OF THE SOLO PARENT.

The DepEd, CHED, and TESDA shall issue the guidelines for the
ineligible solo parent or the child or children of the ineligible solo
parent who is/are receiving education benefits, to allow the
ineligible solo parent, or his child or children to continue attending
school until completion of the academic year.
TERMINATION OF THE BENEFITS OF THE SOLO PARENT.

The NHA shall likewise issue the guidelines for the availment of
housing benefits of the ineligible solo parent who has availed of
housing program, to allow the ineligible solo to continue under
such terms and conditions reflective of his/her change of status
and circumstances.
PROCEDURE FOR TERMINATION OF BENEFITS.

In cases where a solo parent has a change of status or

circumstances making him/her ineligible to avail of the benefits of
this Act, the procedure for the termination of benefits of such
solo parent shall be as follows:
a. A solo parent shall declare his/her intention to continue or
terminate the provision of benefits and services before the lapse
of one year from the issuance of the SPIC, the Social Welfare
Development Office (C/MSWDO) of the LGU which issued his/her
SPIC which he/she shall surrender to the said C/MSWDO.
PROCEDURE FOR TERMINATION OF BENEFITS.

b. If the solo parent does not voluntarily declare his/her intention

to continue or terminate the provision of benefits and services
before the lapse of one year from the issuance of the SPIC, the
Social Worker, based on a report by the employer or any
interested person, shall conduct the necessary
assessment/evaluation to ascertain if grounds for termination
and withdrawal of benefits exist.
PROCEDURE FOR TERMINATION OF BENEFITS.

c. The solo parent shall be informed of the result of the

assessment/evaluation conducted by the Social Worker, including
the termination of the benefits or services, if warranted, through:
a written notice with proof of receipt of the solo parent.
The termination shall take effect immediately upon the receipt of
the notice of termination, subject to the provisions of the
preceding section. The solo parent whose benefits have been
terminated shall not use his/her SPIC after the receipt of the
notice of termination.
PROCEDURE FOR TERMINATION OF BENEFITS.

d. The Solo parent's failure to renew his/her SPIC on or before the

end of the year of its issuance shall result in the automatic
expiration of the SPIC after one (1) year of its issuance.
REINSTATEMENT OF SOLO PARENT'S BENEFITS

The termination of said benefits be without prejudice to the

reapplication of the solo parent and resintatement of said benefits
should the circumstances so warrant.
RELOCATION OF THE SOLO PARENT AND HIS/HER CHILD

he/she shall inform the C/MSWDO which issued his/her

SPIC.
The C/MSWDO of the place of origin shall endorse and
transmit the solo parent's records to the C/MSWDO of the
place of relocation.
RECORDING AND
MAINTAINING A
SOLO PARENTS
DATABASE

ARTICLE IX
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 and booklets by the SPOs and SPDs.
RECORDING AND MAINTAINING A SOLO PARENTS DATABASE

The DSWD and DILG shall also coordinate with the Department
of Information, Communication and Technology (DICT) in the
establishment and maintenance of the centralized database of
all solo parents who have been issued SPIC and booklets by
the SPOs and SPDs.
NATIONAL SOLO
PARENTS DAY
AND WEEK

ARTICLE X
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 Solo Parents Week, to be
declared in the LGus, and National Solo Parents Day, to be
participated by NGAs, respectively.
 SPECIAL
CITATIONS OF
SOLO PARENTS

ARTICLE XI
ABUSED, ABANDONED OR NEGLECTED

In cases where a solo parent had been abused, abandoned, neglected

or made a victim of Domestic Violence by his or her co-parent, he or
she may seek the help of the LGU and DSWD Field Offices or Social
Welfare Action Desk (SWAD) offices situated in the place where the
solo parent resides.

The LGU and the DWSD Field Office or Social Welfare Action Desk
officer shall coordinate with the respective barangay officials and/or
police officers assigned in the nearest Philippine National Police station.
SPECIAL PROTECTION 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
counselling and psycho-social services and from the DepEd,
CHED, and TESDA in the form of home-based, in-school, or
technical education, as warranted.
PROHIBITED
ACTS AND
PENALTIES

ARTICLE XIV
REFUSES OR FAILS TO PROVIDE BENEFITS

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:
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.
REFUSES OR FAILS TO PROVIDE BENEFITS

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:
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 one (1) year but not more than
two (2) years, or both, at the discretion of the court.
REFUSES OR FAILS TO PROVIDE BENEFITS

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 and its IRR.

If the offender is a foreigner, the foreigner shall be deported immediately

after the service of the sentence without the need of further deportation
proceedings.
MISREPRESENTATION OR FALSIFICATION

b. Any person who misrepresents his/her status or falsifies any

document to avail of the benefits, or causes 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 OFFENDER IS A PUBLIC OFFICER

When the offender or the person responsible for the offenses

punishable under paragraphs (a) and (b) of this section is a public
officer or employees 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 employees 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: PROVIDED further, That a portion of the fines
shall go to the solo parents' funds in the local level.
THANK
YOU