Camarines Sur Rep. LRay Villafuerte is urging the Department of Social Welfare and Development (DSWD) along with 17 other government agencies to come up with a comprehensive package of social protection services for over 15 million solo parents, in keeping with a barely month-old law that gave additional financial benefits and more aid to these Filipinos and their children.
An author of Republic Act (RA) 11861 that increased the benefits due to solo parents under the original law—RA 8972—Villafuerte said this new law broadened the definition of “solo parents” to cover more Filipinos as beneficiaries of the original RA 8972 benefits, as well as additional aid such as exemption from the payment of income taxes in the amount of P50,000; discounts on purchases of baby’s milk, food supplements and medicines; discounts on tuition fee payments in both public and private schools, and on purchases of school supplies.
Villafuerte also urged the DSWD, in coordination with the Department of the Interior and Local Government (DILG), to immediately establish and maintain, as provided in the new law, a centralized database of all solo parents who are to be issued Solo Parent Identification Cards (SPICs) and booklets by the LGUs.
Villafuerte also appealed to local government unit (LGU) executives to submit to the DSWD, as so provided in RA 11861, on a quarterly basis their respective lists of solo parents availing of the benefits of this law, which is otherwise known as the “Expanded Solo Parents Welfare Act.”
Villafuerte also urged the DSWD, in coordination with the Department of the Interior and Local Government (DILG), to immediately establish and maintain, as provided in the new law, a centralized database of all solo parents who are to be issued Solo Parent Identification Cards (SPICs) and booklets by the LGUs.
He explained that RA 11861 mandates every province and city to put up a Solo Parents Office (SPO) in their areas, and for municipalities to establish Solo Parent Division (SPD) offices in their localities.
RA 11861 lapsed into law last June 4. RA 8972 was passed in the year 2000.
Under the law, Villafuerte said that SPOs and SPDs are required to, among others, regularly update on a quarterly basis the list of solo parents issued SPIC cards and booklets; monitor law compliance by persons and establishments; report to the governor, mayor of social welfare officer the people, establishments or agencies that refuse to grant the RA 11861 benefits; and to assist solo parents in filing complaints against errant business entities, institutions or agencies.
“The expanded protection and promotion of the welfare of solo parents and their children under RA 11861 further concretizes the government’s commitment to the constitutional provision for the State to recognize the sanctity of family life and protect and strengthen the family as a basic autonomous social institution,” Villafuerte said. “A more comprehensive package of social welfare services and development initiatives for solo parents will help the government further ease their burden in rearing their children towards becoming productive citizens.”
More than two decades since the enactment of the original Solo Parent’s Welfare Act in 2000, Villafuerte said: “Filipino families, particularly those led by solo parents as breadwinners and primary caregivers, face new challenges and burdens. The estimated number of Filipino solo parents in 2018 rose to 15 million, 95 percent of which are female, according to the Federation of Solo Parents Luzvimin.”
Most of the additional benefits in RA 11861 that beneficiaries can now avail of plus the bigger list of Filipinos now considered legally solo parents were contained in House Bill (HB) 6051, the bill authored by Villafuerte that was incorporated with HB 8097, the final and consolidated version passed by the House of Representatives.
Aside from parents whose spouses have passed away, unmarried fathers or mothers, and rape victims who opted to keep their children, those legally considered “solo parents” under RA 11861 include the spouses or family members of semi-skilled overseas Filipino workers (OFWs) who have been away from the Philippines for a period of 12 months; grandparents and other family members or qualified guardians who bear sole responsibility over children; and those whose spouses have been detained for at least three months for a criminal conviction.
Also classified now as “solo parents’ are those whose spouses have been medically certified as physically or mentally incapacitated; those who have been separated from their spouses for at least six months and have taken on sole parental care and support of their children; those whose marriages have been nullified or annulled and have been entrusted with solo parental care; and those who have been abandoned by their spouses for at least six months; and those whose spouses have been in detention for a criminal conviction.
RA 11861 directs the DSWD and 17 other agencies to develop the “comprehensive package” of social protection services for solo parents and their families that include livelihood opportunities, temporary shelter, forfeitable and non-cumulative parental leaves of not more than seven days per year for those that have been employed for at least six months, legal advice and assistance, counseling services, parent effectiveness services, and stress debriefing.
The other agencies are the DILG, Departments of Health (DOH), Education (DepEd), Labor and Employment (DOLE), of Finance (DOF), of Migrant Workers (DMW), of Trade and Industry (DTI), and of Justice (DOJ); Commission on Higher Education (CHED) and Technical Education and Skills Development Authority (TESDA); Bureau of Internal Revenue (BIR); Civil Service Commission (CSC); National Housing Authority (NHA); Philippine Health Insurance Corp. (PhilHealth); National Economic and Development Authority (NEDA); Union of Local Authorities of the Philippines (ULAP); and Philippine Commission on Women (PCW).
Most of the additional benefits in RA 11861 that beneficiaries can now avail of plus the bigger list of Filipinos now considered legally as solo parents were contained in House Bill (HB) 6051, the bill authored by Villafuerte that was incorporated with HB 8097, the final and consolidated version passed by the House of Representatives.
These offices are to craft the expanded benefits package in coordination with LGUs, civil society groups, and nongovernment organizations (NGOs), said the law.
In keeping with the Expanded Breastfeeding Act, Villafuerte said RA 11861 directs the DOLE and CSC to continue encouraging solo parents who are working mothers to practice breastfeeding in the workplace.
The law entitles solo parents who are earning the minimum wage or below to a monthly cash subsidy of P1,000, provided they are not receiving any other cash aid from any other government agency. Exempted from this law, though, are senior citizens and persons with disabilities (PWDs) who do not have to give up the state benefits due elderly and PWDs.
They are entitled, too, to the following:
· A 10% discount and exemption from the 12% value-added tax (VAT) whenever they buy baby’s milk, food and micronutrient supplements, sanitary diapers, and medicines prescribed for their kids six years of age and below. Entitled to this discount are solo parents who each have an annual income of P250,000 or below
· Automatic coverage under the health insurance program of PhilHealth for workers in the informal economy, with the premium contributions paid for by the national government. For solo parents working in the formal economy, their premium contributions shall be shared equally by the national government and their respective employers
· Prioritization of solo parents, particularly solo mothers, in re-entering the labor force, and their children, whenever applicable, in the hiring or selection for apprenticeships, scholarships, livelihood training, reintegration programs for OFWs, and in poverty programs of the TESDA, DTI, CHED, DepEd, DOLE, DMW and other related agencies
· Prioritization in the allocation for mass housing, with liberal payment terms on government low-cost homes, especially for those living below the poverty line as declared by the Philippine Statistics Authority (PSA).
Alongside leave privileges under existing laws, solo parents are likewise entitled to a seven-day parental leave with pay regardless of employment status, and they get priority in any telecommuting program in their workplaces, said Villafuerte, who also co-authored RA 11165 or the Telecommuting Act of 2018.
Villafuerte said RA 11861 states the following requirements for those who wish to avail of SPIC cards and booklets and avail of the expanded benefits:
Widows and widowers are required, when applying for an SPIC card, to submit the birth certificates of their children, their marriage certificate, and the death certificate of their deceased spouses, and sworn affidavit declaring that they are not cohabiting with a partner or are co-parenting and has solo parental care and support of the child or children;
For an unmarried father or mother, he or she is to submit birth certificates of the child or children, a Certificate of No Marriage (Cenomar), an affidavit by a barangay official attesting that the solo parent is a resident of that barangay and that the child or children are under the parental care and support of the SPIC applicant, and an affidavit declaring that the solo parent is not cohabiting with a co-parent or partner, and has the sole parental care and support of the child or children;
For a pregnant woman seeking an SPIC card, she must submit a medical record of her pregnancy, an affidavit of a barangay official attesting that she is a solo parent residing in that barangay and that she has no spouse;
For a solo parent whose spouse is in prison, the applicant must submit the birth certificates of their kid or kids, marriage certificate, certificate of detention of the spouse from a law enforcement agency attesting that the spouse is in jail serving a sentence of at least three months, and a sworn affidavit declaring that the solo parent is not cohabiting with a partner or co-parent and has solo parental care and support of the child or children;
For the solo parent on account of the mental or physical incapacity of the spouse, the applicant needs to submit birth certificates, marriage certificates or affidavits of cohabitation, medical record or medical abstract evidencing the physical or mental state of the incapacitated spouse, and sworn affidavit declaring the solo parent is not cohabiting with a co-parent or partner and has solo parental care and support of the child or children
For a solo parent with a child as a consequence of rape, the applicant is required to submit the birth certificate of the kid, complaint affidavit and medical record of the rape incident, and a sworn affidavit declaring that the solo parent has sole parental care and support of the child;
For a solo parent on account of the nullity or annulment of his or her marriage, the applicant must submit birth certificates of the child or children, marriage certificate, judicial decree of nullity or annulment of the marriage or judicial recognition of the foreign divorce, and sworn affidavit declaring he or she is not cohabiting with a partner or co-parent and has sole parental care and support of the child or children;
For an applicant abandoned by the spouse, he or she is required to submit birth and marriage certificates, police or barangay record of the fact of abandonment, an affidavit of two disinterested persons attesting that the SPIC applicant has been abandoned by the spouse, and a sworn affidavit declaring the solo parent is not cohabiting with a partner or co-parent and has sole parental care and support of the child or children;
For the spouse of a law-covered OFW, the applicant is to submit birth and marriage certificates, overseas employment certificate (OEC) of the migrant worker or an equivalent document, copy of passport stamps showing continuous work of 12 months overseas, employment contract, and sworn affidavit declaring that the solo parent is not cohabiting with a co-parent or partner and has sole parental care and support of the child or children;
For any relative within the fourth civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support of the child or children, he or she can apply for an SPIC card by submitting birth certificates of the child or children, death certificates of the parents or legal guardians or police or barangay records attesting that these parents or legal guardians have disappeared or been absent for at least six months, an affidavit by a barangay official attesting that the child or children have been under the care and support of the applicant, and sworn affidavit certifying that the solo parent has sole parental care and support of the child, provided that the subsequent issuances of SPIC cards or booklets are done every year.
For a solo parent availing of the cash subsidy and discounts under RA 11861, he or she is required to submit additional documents in the SPIC applications, including an affidavit of no employment, income tax return (ITR), social case study issued by the DSWD or any variable proof of income.
Villafuerte said the law requires SPOs and SPDs to issue the SPIC cards of applicants within seven working days from receipt of complete documents and after reviewing and verifying these submitted papers.
He said RA 11861 slaps on persons, establishments, or organizations that fail or refuse to provide the benefits under this law a fine of P10,000 to P50,000 or imprisonment of six months to one year for the first offense, depending on the discretion of the court.
For subsequent violations, offenders shall pay a fine of P100,000 to P200,000 per offense or imprisonment of one to two years, depending on the court’s discretion.
If the violator is a corporation, partnership, or organization, the officials or employees who directly participated in the violation shall be held liable for the penalty.
After due notice and hearing, the authorities may also cancel or revoke the business permits, permits to operate, franchises, or any other privileges granted to these erring establishments.
Anyone who misrepresents status or falsified documents to avail of RA 11861 benefits shall pay a fine of P50,000 or below and be jailed for six months or a year, depending on the court’s discretion.
When the offender is a public officer or employee as defined under the Administrative Code of 1987, and the offense is committed in the exercise of his or her official duties, this violator shall be removed from office and disqualified permanently from holding public office, in addition to the cash fine and prison term.
