Expanded Solo Parent Welfare Act Philippines (RA 11861) — BatasKo

Section 4 of Republic Act No. 8972 is hereby repealed and a new provision is inserted to read as follows: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

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The PSA shall conduct every four (4) 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.

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The JCOCSP shall be co-chaired by the 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

Speaker of the House of Representatives

(SGD.)

VICENTE C. SOTTO III

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

Secretary General House of Representatives

(SGD.)

MYRA MARIE D. VILLARICA

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

The Lawphil Project - Arellano Law Foundation