Labor, Agrarian, and Social Legislation
Labor, Agrarian, and Social Legislation
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LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS
Section 45. Separability Clause . - If any provision or part
hereof is held invalid or unconstitutional, the remainder
of the law or the provisions not otherwise affected shall
remain valid and subsisting.
Section 46. Repealing Clause . - Any law, presidential
decree or issuance, executive order, letter of instruction,
administrative order, rule, or regulation contrary to, or
inconsistent with, the provisions of this Act is hereby
repealed, modified, or amended accordingly.
Section 47. Effectivity Clause . - This Act shall take effect
fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.
RA No 8972 | Solo Parents’ Welfare Act
of 2000
Rules and Regulations Implementing the Solo Parents'
Welfare Act of 2000
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 Congress assembled:
Section 1. Title. - This Act shall be known as the "Solo
Parents' Welfare Act of 2000."
Section 2. Declaration of Policy. - It is the policy of the
State to promote the family as the foundation of the
nation,
strengthen its solidarity and ensure its total
development.
Towards
this
end,
it
shall
develop
a
comprehensive program of services for solo parents and
their children to be carried out by the Department of
Social
Welfare
and
Development
(DSWD),
the
Department
of
Health
(DOH),
the
Department
of
Education, Culture and Sports (DECS), the Department of
the
Interior
and
Local
Government
(DILG),
the
Commission on Higher Education (CHED), the Technical
Education and Skills Development Authority (TESDA), the
National Housing Authority (NHA), the Department of
Labor
and
Employment
(DOLE)
and
other
related
government and nongovernment agencies.
Section 3. Definition of Terms. - Whenever used in this
Act, the following terms shall mean as follows:
(a) "Solo parent" - 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 this Act, such that he/she is no
longer left alone with the responsibility of parenthood,
shall terminate his/her eligibility for these benefits.
(b) "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.
(c) "Parental responsibility" - with respect to their minor
children shall refer to the rights and duties of the parents
as defined in Article 220 of Executive Order No. 209, as
amended, otherwise known as the "Family Code of the
Philippines."
(d) "Parental leave" - shall mean leave benefits granted to
a solo parent to enable him/her to perform parental
duties and responsibilities where physical presence is
required.
(e) "Flexible work schedule" - is the right granted to a solo
parent employee to vary his/her arrival and departure
time without affecting the core work hours as defined by
the employer.
Section 4. Criteria for Support. - Any solo parent whose
income in the place of domicile falls below the poverty
threshold
as
set
by
the
National
Economic
and
Development
Authority
(NEDA)
and
subject
to
the
assessment of the DSWD 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 6, 7 and 8 of
this Act.
Section
5.
Comprehensive
Package
of
Social
Development and Welfare Services. - A comprehensive
package of social development and welfare services for
solo parents and their families will be developed by the
DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG,
in
coordination
with
local
government
units and a
nongovernmental organization with proven track record
in providing services for solo parents.
The DSWD shall coordinate with concerned agencies the
implementation of the comprehensive package of social
development and welfare services for solo parents and
their families. The package will initially include:
(a)
Livelihood
development
services
which
include
trainings on livelihood skills, basic business management,
value orientation and the provision of seed capital or job
placement.
(b) Counseling services which include individual, peer
group
or
family
counseling.
This
will
focus
on the
resolution of personal relationship and role conflicts.
(c)
Parent
effectiveness
services
which
include
the
provision and expansion of knowledge and skills of the
solo parent on early childhood development, behavior
management, health care, rights and duties of parents
and children.
(d) Critical incidence stress debriefing which includes
preventive
stress
management
strategy designed to
assist solo parents in coping with crisis situations and
cases of abuse.
(e) Special projects for individuals in need of protection
which
include
temporary
shelter,
counseling,
legal
assistance, medical care, self-concept or ego-building,
crisis management and spiritual enrichment.
© Compiled By RGL
47 of 169
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