A Family Oriented Law

The family is the most universal of social institutions and is the basic unit in most societies- the Philippine society included. It is the group which insures continuity through its reproductive function. It is also the basic societal unit which socializes the child. The concept of family varies from culture to culture. Traditionally, the basic family is composed of husband, wife and children, bound in a union recognized and approved by the society.

Since the society is undergoing a social change, the family has been affected relative to its values, mores and membership. Today there are families headed by solo parents due to circumstances brought about by societal changes.

Regardless of membership, the family, as the foundation of the nation, needs to be strengthened and developed with the enactment of laws geared towards providing for comprehensive programs and services to prevent societal problems brought about by its disintegration.

One such law is Republic Act 8972 An Act Providing for Benefits and Privileges to Solo Parents and Their Children, Appropriating Funds Therefore and for other Purposes, a.k.a. the "Solo Parents Welfare Act of 2000."

As provided for by R.A. 8972, solo parent means any of the following:

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 spuse;

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 lefts 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 the head of the family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent;

Among the benefits which a solo parent could avail under R.A. 8972 are: flexible work schedule; parental leave, educational benefits, housing benefits and medical assistance.

DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG are the agencies of the government involved in the implementation of the provisions of R.A. 8972.

Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the NEDA and subject to the assessment of the DSWD social worker in the area, shall be eligible for assistance under the provisions of R.A. 8972.

A change in the status or circumstances of the solo parent claiming benefits under R.A. 8972, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for benefits under R.A. 8972.