Dear PAO,
I am a father who has been solely responsible for the care of my child since my wife is currently working abroad as a domestic helper. May I know whether I may be considered a solo parent? I would also like to know what benefits I may be entitled to. Thank you.
-Isla
Dear Isla,
The answer to your query is governed by Republic Act (RA) 8972, otherwise known as the Solo Parents’ Welfare Act of 2000, as amended by RA 11861, or the Expanded Solo Parents Welfare Act of 2022. RA 8972 was enacted to promote and strengthen family solidarity and ensure the full development of the family as a basic social institution, while RA 11861 expanded the statutory definition of a “solo parent” and enhanced the benefits accorded to them. The Expanded Solo Parents Welfare Act was signed into law on January 24, 2022.
Pursuant to Section 4 of RA 8972, as amended, a “solo parent” refers to an individual who assumes sole parental care and support of a child or children by reason of various circumstances, including but not limited to: (1) birth of a child as a consequence of rape, provided that the mother solely raises the child; (2) loss, absence, or incapacity of a spouse, including death, detention for at least three (3) months, physical or mental incapacity, legal or de facto separation for at least six (6) months, declaration of nullity, annulment, divorce, or abandonment for at least six (6) months; (3) situations involving an Overseas Filipino Worker (OFW), where the spouse, family member, or guardian assumes sole parental care of the child for a continuous period of at least twelve (12) months; (4) unmarried individuals who independently raise their child or children; (5) guardians, adoptive, or foster parents who solely provide parental care; (6) relatives within the fourth civil degree of consanguinity or affinity who assume such responsibility due to the death, disappearance, or prolonged absence of the child’s parents; and (7) pregnant women who will assume sole parental responsibility upon the birth of the child.
Corollary thereto, the amended Section 8 of the same Act grants a qualified solo parent a noncumulative and nonconvertible parental leave of seven working days every year, provided that he or she has rendered at least six months of service with the employer. In addition, Section 15 provides for a monthly cash subsidy in the amount of ₱1,000 to indigent solo parents or those earning minimum wage and below, as well as a 10% discount and exemption from value-added tax (VAT) on essential child-rearing goods such as milk, food, supplements, and diapers, applicable until the child reaches six years of age.
Applying the foregoing to your case, you are considered a solo parent under RA 11861, considering that your spouse is an OFW and you have assumed sole parental care and responsibility over your child for at least 12 months. Consequently, you are entitled to avail of the rights, privileges, and benefits accorded to solo parents under the Expanded Solo Parents Welfare Act.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
