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Section 4 of Republic Act No. 8972 is hereby repealed and a new provision is inserted to read as follows: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