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Republic Act No.

8282

May 01, 1997

AN ACT FURTHER STRENGTHENING THE SOCIAL SECURITY SYSTEM THEREBY AMENDING FOR THIS
PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED, OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Republic Act No. 1161, as amended, otherwise known as the "Social Security Law", is hereby furtheramended to read as
follows:
"SECTION 1. Short Title. - This Act shall be known as the "AN ACT FURTHER STRENGTHENING THE SOCIAL
SECURITY SYSTEM THEREBY AMENDING FOR THIS PURPOSE, REPUBLIC ACT NO. 1161, AS AMENDED,
OTHERWISE KNOWN AS THE SOCIAL SECURITY LAW."
"SEC. 14-A. Maternity Leave Benefit. - A female member who has paid at least three (3) monthly contributions in the twelve-month
period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit equivalent to one
hundred percent (100%) of her average daily salary credit for sixty (60) days or seventy-eight (78) days in case of caesarian delivery,
subject to the following conditions:
"(a) That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be
transmitted to the SSS in accordance with the rules and regulations it may provide;
"(b) The full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application;
"(c) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits Provided by this Act for the same
period for which daily maternity benefits have been received;
"(d) That the maternity benefits Provided under this section shall be paid only for the first four (4) deliveries or miscarriages;
"(e) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits
advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; and
"(f) That if an employee member should give birth or suffer miscarriage without the required contributions having been remitted for
her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the
employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled
to.

REPUBLIC ACT NO. 8187


AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE
EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE
LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES
SECTION 1. Short Title. This Act shall be known as the "Paternity Leave Act of 1996".
SECTION 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public
sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with
whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legit imate
spouse and the expected date of such delivery.
For purposes of this Act, delivery shall include childbirth or any miscarriage.
SECTION 3. Definition of Term. For purposes of this Act, Paternity Leave refers to the benefits granted to a married male employee
allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse
has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of
recovery and/or in the nursing of the newly-born child.
SECTION 4. The Secretary of Labor and Employment, the Chairman of the Civil Service Commission and the Secretary of Health shall,
within thirty (30) days from the effectivity of this Act, issue such rules and regulations necessary for the proper implementation of the
provisions hereof.
SECTION 5. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or the rules and regulations
promulgated thereunder shall be punished by a fine not exceeding Twenty-Five thousand pesos (P25,000) or imprisonment of not less
than thirty (30) days nor more than six (6) months.
If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment
shall be imposed on the entity's responsible officers, including, but not limited to, the president, vice-president, chief executive officer,
general manager, managing director or partner directly responsible therefor.
SECTION 6. Nondiminution Clause. Nothing in this Act shall be construed to reduce any existing benefits of any form granted under
existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee. cdt
SECTION 7. Repealing Clause. All laws, ordinances, rules, regulations, issuances, or parts thereof which are inconsistent with this
Act are hereby repealed or modified accordingly.
SECTION 8. Effectivity. This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two (2)
newspapers of national circulation.
Approved: June 11, 1996
Published in Malaya and the Manila Times on June 20, 1996. Published in the Official Gazette, Vol. 92 No. 33 page 5077 on August
12, 1996.
||| (Paternity Leave Act of 1996, REPUBLIC ACT NO. 8187, [June 11, 1996])

March 13, 1997


REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 8187 FOR THE PRIVATE
SECTOR
Pursuant to Republic Act No. 8187 entitled, "An Act Granting Paternity Leave of Seven (7) Days With Full Pay to All Married Male
Employees in the Private and Public Sectors For the First Four (4) Deliveries of the Legitimate Spouse With Whom He is Cohabiting
And For Other Purposes," the following Revised Rules and Regulations are hereby issued:
SECTION 1. Definition of Terms. As used in these Rules, the following terms shall have the meaning as indicated hereunder:
a. "Paternity leave" refers to the leave benefits granted to a married male employee allowing him not to report for
work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse
has delivered a child or suffered a miscarriage for the purpose of lending support to his wife during her
period of recovery and/or in nursing of the newly born child.
b. "Employee" refers to any person who performs services for another and receives compensation therefor,
provided an employer-employee relationship exists between them.
c. "Delivery" refers to childbirth or miscarriage.
d. "Spouse" refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally married to the
male employee concerned.
e. "Cohabiting" refers to the obligation of the husband and wife to live together.
SECTION 2. Coverage. Every married male employee in the private sector shall be entitled to paternity leave benefits of seven (7)
days with full pay for the first four deliveries by his lawful spouse under such terms and conditions as hereinafter provided.
The rules on paternity leave of employees in the public sector shall be promulgated by the Civil Service Commission.
SECTION 3. Conditions to entitlement of paternity leave benefits. A married male employee shall be entitled to paternity benefits
provided that:
a. he is an employee at the time of delivery of his child;
b. he is cohabiting with his spouse at the time she gives birth or suffers a miscarriage. HCmBPo
c. he has applied for paternity leave in accordance with Section 4 hereof; and
d. his wife has given birth or suffered a miscarriage.
SECTION 4. Application for leave. The married male employees shall apply for paternity leave with his employer within a
reasonable period of time from the expected date of delivery by the pregnant spouse, or within such period as may be provided by
company rules and regulations or by collective bargaining agreement, provided that prior application for leave shall not be required in
case of miscarriage.
SECTION 5. Availment. Paternity leave benefits shall be granted to the qualified employee after the delivery by his wife, without
prejudice to an employer allowing an employee to avail of the benefit before or during the delivery; provided, that the total number of
days shall not exceed seven (7) days for each delivery.
SECTION 6. Benefits. The employee is entitled to his full pay, consisting of basic salary, for the seven (7) days during which he is
allowed not to report for work, provided, that his pay shall not be less than the mandated minimum wage.
SECTION 7. Non-commutation of benefits. In the event that paternity leave benefit is not availed of, said leave shall not be
convertible to cash.
SECTION 8. Non-diminution clause. Nothing in these Rules shall be construed to reduce or replace any existing benefits of any
kind granted under existing laws, decrees, executive orders, or any contract, agreement or policy between employer and employee.
SECTION 9. Crediting of existing benefits. Where a male employee is already enjoying the paternity leave benefits by reason of
contract, company policy or collective bargaining agreement, the following rules shall apply:
a. If the existing paternity leave benefit is greater than the benefit herein provided, the greater benefit shall prevail;
b. If the existing paternity leave is less than that provided herein, such existing benefit shall be adjusted to the
extent of the difference.

However, where a contract, company policy or collective bargaining agreement provides for an emergency or contingency leave
without specific provisions on paternity leave, the paternity leave as herein provided shall apply in full.
SECTION 10. Penalty. Any person, corporation, trust, firm, partnership, association or entity found violating any provision of
these Rules shall be penalized by a fine not exceeding twenty five thousand pesos (P25,000) or imprisonment of not less than thirty
(30) days nor more than six (6) months.
If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment
shall be imposed on the entity's responsible officers, including but not limited to, the president, vice president, chief executive officer,
general manager, managing director or partner directly responsible therefor.
SECTION 11. Transitory Provision. All qualified employees whose spouse delivered a child or suffered a miscarriage on or after
July 5, 1996 are entitled to paternity leave, subject to the conditions prescribed in Section 3, paragraphs (a) and (b).
SECTION 12. Repealing Clause. All laws, ordinances, rules, regulations, issuances, or parts thereof which are inconsistent with
these Rules are deemed repealed or modified accordingly.
SECTION 13. Separability Clause. If any provision or portion of these Rules is declared void or unconstitutional, the remaining
portions or provisions hereof shall continue to be valid and effective.
SECTION 14. Effectivity. These Revised Rules shall take effect on 05 July 1996.
(SGD.) LEONARDO A. QUISUMBING (SGD.) CARMENCITA N. REODICA
Secretary Secretary
Department of Labor and Employment Department of Health
||| (Revised Implementing Rules and Regulations of Republic Act No. 8187 for the Private Sector, [March 13, 1997])

November 7, 2000
REPUBLIC ACT NO. 8972
AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
SECTION 1. Title. This Act shall be known as the "Solo Parents' Welfare Act of 2000." CAScIH
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; AaSIET
(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; EHScCA
(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. HSDCTA
(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 ofExecutive 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. AaHcIT
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. ATEHDc
SECTION 6. Flexible Work Schedule. The employer shall provide for a flexible working 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.
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/her status.
SECTION 8. Parental Leave. In addition to leave privileges under existing laws, parental leave of not more than seven
(7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.
SECTION 9. Educational Benefits. The DECS, CHED and TESDA shall provide the following benefits and privileges:
(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and
technical/skills education; and
(2) Nonformal education programs appropriate for solo parents and their children. SICDAa
The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.
SECTION 10. Housing Benefits. Solo parents shall be given allocation in housing projects and shall be provided with
liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing
applicants below the poverty line as declared by the NEDA.
SECTION 11. Medical Assistance. The DOH shall develop a comprehensive health care program for solo parents and
their children. The program shall be implemented by the DOH through their retained hospitals and medical centers and the loca l
government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs).
SECTION 12. Additional Powers and Functions of the DSWD. The DSWD shall perform the following additional
powers and functions relative to the welfare of solo parents and their families:
(a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents; (2) define executive and
legislative measures needed to promote and protect the interest of solo parents and their children; and (3)
assess the effectiveness of programs designed for disadvantaged solo parents and their children; TAESDH
(b) Coordinate the activities of various governmental and nongovernmental organizations engaged in promoting
and protecting the interests of solo parents and their children; and
(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions are
effectively implemented.
SECTION 13. Implementing Rules and Regulations. An interagency committee headed by the DSWD, in coordination
with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is hereby established which shall formulate, within ninety (90)

days upon the effectivity of this Act, the implementing rules and regulations in consultation with the local government units ,
nongovernment organizations and people's organizations. CTcSIA
SECTION 14. Appropriations. The amount necessary to carry out the provisions of this Act shall be included in the
budget of concerned government agencies in the General Appropriations Act of the year following its enactment into law and
thereafter.
SECTION 15. Repealing Clause. All laws, decrees, executive orders, administrative orders or parts thereof inconsistent
with the provisions of this Act are hereby repealed, amended or modified accordingly.
SECTION 16. Separability Clause. If any provision of this Act is held invalid or unconstitutional, other provisions
not affected thereby shall continue to be in full force and effect. SIDTCa
SECTION 17. Effectivity Clause. This Act shall take effect fifteen (15) days following its complete publication in
the Official Gazette or in at least two (2) newspaper of general circulation.
Approved: November 7, 2000
Published in the Manila Standard and Business World on November 13, 2000. Published in the Official Gazette, Vol. 97
No. 19 page 2705 on May 7, 2001.
||| (Solo Parents' Welfare Act of 2000, Republic Act No. 8972, [November 7, 2000])

2001
RULES AND REGULATIONS IN THE IMPLEMENTATION OF REPUBLIC ACT NO. 8972, AN ACT PROVIDING
FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
ARTICLE I
Title, Purpose and Construction
SECTION 1. Title. These rules shall be known and cited as the Rules and Regulations Implementing Republic Act No. 8972, more
commonly known as the Solo Parents'Welfare Act of 2000.
SECTION 2. Purpose. These Rules are promulgated to prescribe the procedure and guidelines for the implementation of the Solo
Parents' Welfare Act of 2000 in order to facilitate the compliance therewith and to achieve the objectives thereof.
SECTION 3. Construction. These Rules shall be liberally construed in favor of the solo parent and applied in accordance with and
in furtherance of the policy and objectives of the law. In case of conflict and/or ambiguity, which may arise in the implementation of
these Rules, the concerned agencies shall issue the necessary clarification.
ARTICLE II
Declaration of Policies and Objectives
SECTION 4. 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 (DepEd), 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 agencies and non-government organizations
or civil society.
SECTION 5. Objective. These Rules and Regulations seek to clarify the scope and application of the Act in order that the proper
parties may avail of its benefits.
ARTICLE III
Definition of Terms
SECTION 6. Definition of Terms. As used in these Rules, the following terms shall mean as follows:
(a) "Act" the Solo Parents' Welfare Act of 2000;
(b) "Solo Parent" any individual who falls under any of the following categories:
(1) A woman who gives birth as a result of rape or crimes against chastity, even without a final
conviction of the offender: Provided, that the mother keeps and raises the child; CHEDAc
(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;
The law applies to the spouses of prisoners, whether or not a final judgment has been
rendered, provided they are in detention for a minimum period of 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:Provided, that he or 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: Provided, that 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 his/her 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 provided he/she
is duly licensed as a foster parent by the DSWD or duly appointed legal guardian by the court;
(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: Provided, that
such abandonment, disappearance, or absence lasts for at least one (1) year.
A change in the status or circumstance of the parent claiming benefits under the Act,
such that he/she is no longer left alone with the responsibility of parenthood, shall terminate
his/her eligibility for these benefits; SaHTCE
(c) "Family" shall refer to the Solo Parent and his/her child/children; Provided, however, that the family
member referred to in Section 3, paragraph (a)(10) of the Act and Article III, Section 6, paragraph
(b)(10) of these Rules shall include any relative by consanguinity up to the fourth civil degree. These
persons shall include, but are not limited to, any uncle, aunt, grandfather, grandmother, niece, nephew, or
cousin;
(d) "Social Worker" a person who is a graduate of Social Work and duly registered pursuant to Republic Act
4373 and employed with the Social Welfare and Development Office of the local government unit where
the solo parent resides;
(e) "Children" refer to those living with and dependent upon the solo parent for support who are unmarried,
unemployed and below eighteen (18) years of age, or even eighteen (18) years and above but are
incapable of self-support and/or mentally and/or physically challenged;
(f) "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," and hereunder enumerated as follows:
(1) To keep them in their company, to support, educate and instruct them by right precept and good
example and to provide for their upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and understanding,
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, selfdiscipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in
them compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation
and association with others, protect them from bad company, and prevent them from acquiring
habits detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interest;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law and upon parents and guardians;
(g) "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;
(h) "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;
(i) "DSWD" shall refer to the Department of Social Welfare and Development;
(j) "DOH" shall refer to the Department of Health;
(k) "DOLE" shall refer to the Department of Labor and Employment;
(l) "DepEd" shall refer to the Department of Education;
(m) "DILG" shall refer to the Department of the Interior and Local Government;
(n) "CHED" shall refer to the Commission on Higher Education;

(o) "NHA" shall refer to the National Housing Authority;


(p) "TESDA" shall refer to the Technical Education and Skills Development Authority;
(q) "NEDA" shall refer to the National Economic and Development Authority;
(r) "NSCB" shall refer to the National Statistical Coordination Board, an attached agency of NEDA and
responsible for determining the regional poverty threshold.
ARTICLE IV
Criteria for Support
SECTION 7. Criteria for Support. Any solo parent whose income in the place of domicile falls equal to or below the poverty
threshold as set by the NSCB 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 16, 17, 18, 19, 20, 21 and 23 of these Rules.
For purposes of the Act and these Rules, the place of domicile shall refer to the residence mentioned in Section 8(a) of these Rules.
SECTION 8. Qualifications of Solo Parent. A solo parent seeking benefits other than those provided for under Sections 16, 17, 18,
19, 20, 21 and 23 of these Rules shall be qualified on the basis of the following:
(a) A resident of the area where the assistance is sought, as certified by the barangay captain; Provided, that if the
solo parent is a transferee from another barangay, he/she is required to secure a clearance from his/her
previous barangay, indicating whether or not he/she has availed of any benefits for solo parents, and the
nature of such benefits.
(b) With an income level equal to or below the poverty threshold as set forth by NSCB and assessed by a social
worker as provided for under Section 7 of these Rules.
SECTION 9. Assessment. An applicant who manifests the need for assistance under the Act is subject to assessment by a social
worker at the city/municipal Social Welfare and Development Office. The assessment shall cover, but not be limited to, the following:
(a) Determination of the applicant's category as enumerated in Article III Section 6 paragraph (b) of these Rules;
(b) Evaluation of the needs of the applicant and his/her children as basis for provision of the appropriate service
and intervention;
(c) Identification of the level of readiness of the applicant to receive a particular service/assistance, which shall
serve as basis for the conduct of social preparation activities prior to the provision of such
service/assistance; and

(d) Identification of existing and potentially available resources that may support the applicant and his/her
children.
SECTION 10. Procedure in Accessing Services for Solo Parents. A person who needs assistance under this Act shall comply with
the following process:
(a) Visit the Social Welfare and Development Office of the city or municipality of her/his residence to manifest
her/his need for assistance;
(b) Fill up application form for the assistance, indicating but not limited to, the following information:
1. Name
2. Age
3. Address/Area of Domicile
4. Income per month
5. Source/s of income
6. Number of children
7. Circumstances of being solo;
(c) Undergo the necessary assessment process as stipulated in Section 9 Article IV of these Rules;

(d) A Social Case Study Report shall be prepared by the social worker based on the information/data provided for
by the applicant, as well as his/her assessment of said applicant, indicating therein the appropriate
services needed.
(e) The Social Case Study Report, together with a referral letter prepared by the social worker, shall be forwarded
by the Office of the City/Municipal Social Welfare and Development Office to the agency concerned
providing the appropriate assistance/service.
(f) The social worker shall inform the solo parent of the status of his/her application within thirty (30) working
days from the filing of such and shall require him/her to visit the agency/institution providing the
assistance. In case the applicant is not qualified for services under this Act, he/she will be referred to the
appropriate agency/program for assistance.
(g) Upon the favorable evaluation of the social worker, a Solo Parent Identification Card shall be issued to the
solo parent within 30 days upon application duly signed by the city/municipal Social Welfare Officer and
the city/municipal mayor. The Solo Parent Identification Card is necessary for the availment of benefits
under the Act and these Rules. Such Identification Card shall be valid for only one (1) year, but may be
renewed subject to a new assessment and evaluation;
(h) For the public's information and guidance, a list of persons who applied and those who were able to avail of
the benefits under this Act shall be made available by the concerned city/municipal social welfare and
development office which processed their applications.
SECTION 11. Procedure for Application of Benefits. An applicant who was determined by a social worker to be eligible for
assistance may apply for benefits under this Act through the following:
(a) The solo parent may go to the agency providing such benefit bringing with her/him the Identification Card
issued by the Municipal/City Social Welfare and Development Office;
(b) Undergo the necessary qualifying activities required by the agency as prescribed by these Rules; and DSATCI
(c) Comply with the requirements set forth by the agency providing the service for the duration of the assistance
(e.g. schooling, housing) subject to existing rules of the agencies concerned.
SECTION 12. Procedure for Termination of Benefits.
(a) A solo parent shall manifest to the Social Welfare Office his/her intention to withdraw the availment of the
benefits under this Act.
(b) If the solo parent does not voluntarily manifest his/her intention to terminate the provision of benefits and
services before the lapse of one year from the issuance of the Solo Parent I .D., 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. The Identification Card shall cease
to be effective upon the lapse of one year from issuance, unless renewed based on a new assessment and
evaluation. Failure to renew will mean that he/she has changed his/her status as a solo parent.
(c) The solo parent shall be informed of the result of the assessment/evaluation and termination of the service, if
warranted, through written notice. The termination shall take effect 30 days from the receipt of the notice
of termination. In cases when the service cannot be terminated in a period of one month, e.g. schooling,
the service shall be completed until its due time.
The NHA and other participating housing agencies shall issue the guidelines in the termination of
housing benefits provided in sections 23 and 24 of these Rules.
(d) The solo parent and his/her children shall undergo psychosocial counseling with the social worker to prepare
them for independent living.
The termination of said benefits shall be without prejudice to re-application should the circumstances so
warrant.
SECTION 13. Relocation of the Family. In the event a solo parent decides to relocate his/her family, he/she shall inform the
city/municipal Social Welfare and Development Office. Said office shall thereupon transmit the records to the city/municipal Social
Welfare and Development Office of the place of relocation.
SECTION 14. Duty to Monitor. It shall be the duty of the city/municipal Social Welfare Officer who receives said records, to
assign a social worker to monitor the status of the relocated solo parent and his/her family. AIaSTE
Moreover, it shall also be the duty of said officer to coordinate with the concerned agencies of any changes in the status of the solo
parent receiving benefits from said agencies.

ARTICLE V
Benefits
SECTION 15. 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, DepEd, CHED, TESDA,
DOLE, NHA and DILG, in coordination with local government units and non-governmental organizations 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 training on livelihood skills, basic business management,
value orientation and the provision of seed capital or job placement.
The criteria and procedure for evaluation of beneficiaries for the purposes of availing of the
benefits of this item shall be provided for by the DOLE and TESDA; the provision of seed capital shall
be guided by the credit policy of the National Credit Council as contained in E.O. No. 138,
"Rationalization of Government Directed Credit Program", passed in 1999.
(b) Counseling services, which include individual, peer group or family counseling. These will focus on the
resolution of personal relationship and role conflicts.
The criteria and procedure for evaluation of beneficiaries for the purposes of availing of the
benefits of this item shall be provided for by the DSWD;
(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 and proper nutrition, 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.
SECTION 16. Flexible Work 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.
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 weekly working hours be reduced in the event the agency adopts the flexible working hours schedule format
(flexi-time). In the adoption of flexi-time, the core working hours shall be prescribed taking into consideration the needs of the
service.
SECTION 17. Work Discrimination. No employer shall discriminate against any solo parent employee with respect to terms and
conditions of employment on account of his/her status.
SECTION 18. Parental Leave. In addition to leave privileges under existing laws, parental leave of not more than seven (7)
working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year. The se ven-day
parental leave shall be non-cumulative.
SECTION 19. Conditions for Entitlement of Parental Leave. A solo parent shall be entitled to parental leave provided that:
(a) He/She has rendered at least one (1) year of service whether continuous or broken at the time of the effectivity
of the Act;
(b) He/She has notified his/her employer of the availment thereof within a reasonable time period; and
(c) He/She has presented a Solo Parent Identification Card to his/her employer.
SECTION 20. Non-conversion of Parental Leave. In the event that the parental leave is not availed of, said leave shall not be
convertible to cash unless specifically agreed upon previously. However, if said leave were denied an employee as a result of noncompliance with the provisions of these Rules by an employer, the aforementioned leave may be used as a basis for the computation
of damages.
SECTION 21. Crediting of Existing Leave. If there is an existing or similar benefit under a company policy, or a collective
bargaining agreement or collective negotiation agreement the same shall be credited as such. If the same is greater than the seven (7)
days provided for in the Act, the greater benefit shall prevail. HSEIAT

Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as
compliance with the parental leave provided for under the Act and these Rules.

SECTION 22. Educational Benefits. The DepEd, CHED and TESDA shall provide the following benefits and privileges:
(a) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and
technical/skills education;
(b) Non-formal education programs appropriate for solo parents and their children.
Application Procedure:
1. Applicant must secure application form from either DepEd, CHED and TESDA depending on their need;
2. Submit the duly accomplished application form together with the required documents to the appropriate agency.
The following are the documents required to be attached with the application:
1. Solo Parent Identification Card
2. Barangay Clearance
3. Birth Certificate
4. Notice of admission from the school
5. Original or Certified True Copy of the transcript of record, or the Report Card of the last year the
applicant attended school.
SECTION 23. Housing Benefits. Solo parents who meet the eligibility criteria for housing assistance under R.A. No. 7279 (Urban
Development and Housing Act of 1992) and other related rules and regulations of participating housing agencies shall be provided
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 NSCB.
SECTION 24. The NHA shall make available housing units to solo parents in its housing projects subject to existing disposition
policies or may refer them to other housing projects, as appropriate, provided that:
(a) The identified solo parent must be eligible for assistance under the provisions of this Act;
(b) Solo parents applying for housing benefits must meet the qualification criteria for housing assistance
under Republic Act 7279, or the Urban Development and Housing Act (UDHA) and other NHA
eligibility criteria under existing policies, rules and regulations; and
(c) Eligible solo parents shall file their application for housing unit directly with the concerned NHA Project
Offices.
Upon written request, the NHA shall provide the DSWD a listing of NHA projects with available housing units for disposition. This
list shall be updated and provided semi-annually.
SECTION 25. Medical Assistance. The DOH shall develop a comprehensive health care program for solo parents and their
children. The program shall be implemented by the DOH through their retained hospitals and medical centers and the local
government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs).
SECTION 26. Essential Health Packages. To ensure the state of well-being of the solo parent and his/her family, health/medical
services shall be made available at all times, in all levels of health care delivery system as mentioned in the previous section. These
health/medical services shall be part of the regular essential health packages being provided at various stages of life.
ARTICLE VI
Additional Powers and Functions of the DSWD
SECTION 27. Additional Powers and Functions of the DSWD. The DSWD shall perform the following additional powers and
functions relative to the welfare and development of solo parents and their families:
(a) Conduct research necessary to:
(1) develop a new body of knowledge on solo parents;
(2) define executive and legislative measures needed to promote and protect the interest of solo parents
and their children; and

(3) assess the effectiveness of policies and programs designed for solo parents and their children;
The commissioning or contracting out for the conduct of said research shall be inherent in the
performance of herein function;
(b) Coordinate the activities of various government agencies, LGUs, and non-government organizations engaged
in promoting and protecting the interests of solo parents and their children;
(c) Coordinate the dissemination of information concerning the benefits of the Act and these Rules, as well as
other advocacy activities; and HCISED
(d) Monitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions
are efficiently and effectively implemented.
SECTION 28. Review Committee. A special review committee comprised of members from
the DSWD, DOH, DepEd, DILG, CHED, TESDA, NHA, DOLE and other related government agencies and non-government
organizations or civil society involved in the implementation of the provisions of the Act shall be created and headed by the DSWD
for the purpose of evaluating the efficacy and relevancy of the provisions of the Act to the present situation.
The duties and responsibilities of the members of this Review Committee shall be considered as part of their regular functions.
ARTICLE VII
Final Provisions
SECTION 29. Appropriations. The amount necessary to carry out the provisions of the Act shall be included in the budget of
concerned government agencies in the General Appropriations Act of the year following its enactment into law and
thereafter. EcSCAD
SECTION 30. Repealing Clause. All laws, decrees, executive orders, administrative orders or parts thereof inconsistent with the
provisions of the Act are hereby repealed, amended or modified accordingly.
SECTION 31. Separability Clause. If any provision of the Act is held invalid or unconstitutional, other provisions not affected
thereby shall continue to be in full force and effect.
SECTION 32. Effectivity Clause. These Implementing Rules and Regulations shall take effect fifteen (15) days following its
publication in one (1) national newspaper of general circulation.
||| (Rules and Regulations in the Implementation of Republic Act No. 8972, An Act Providing for Benefits and Privileges to Solo
Parents and their Children, Appropriating Funds therefor and for Other Purposes, IRR of RA 8972, [2001])

REPUBLIC ACT NO. 9262


AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
SECTION 1. Short Title. This Act shall be known as the "Anti-Violence Against Women and Their Children Act of
2004".

SECTION 3. Definition of Terms.|||


(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.|||
SECTION 26. Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of
the commission of the crime, the courts shall be assisted by expert psychiatrists/psychologists.
SECTION 43. Entitlement to Leave. Victims under this Act shall be entitled to take a paid leave of absence up to ten
(10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the
provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person fo r
assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.
||| (Anti-Violence Against Women and their Children Act of 2004, Republic Act No. 9262, [March 8, 2004])

August 14, 2009


REPUBLIC ACT NO. 9710
AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN
CHAPTER I
General Provisions
SECTION 1. Short Title. This Act shall be known as "The Magna Carta of Women".

SECTION 18. Special Leave Benefits for Women. A woman employee having rendered continuous aggregate employment service
of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay
based on her gross monthly compensation following surgery caused by gynecological disorders.||| (An Act Providing for the Magna
Carta of Women, Republic Act No. 9710, [August 14, 2009])