RA 11861 Expanded Solo Parents Welfare Act

Question 1

Q: RA 11861 DEFINE CHILD MINDING CENTER?
[HaRP-CaSu]

Answer 1

Answer:
- Refers to a facility or area within the workplace or in accessible locations to the solo parent or workplace of the guardian

• Provided by the employer where the children of a solo parent employee aged 7 years old and below
• are habitually received for purposes of care and supervision during working hours.

Question 2

Q: RA 11861 Define children or dependents?
[LiDe — 22 years old not 18]

Answer 2

Answer:
- Refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and 22 years old or below

• Or those over 22 years old but who are unable to fully take care or protect themselves from
• abuse, neglect, cruelty, exploitation, or discrimination
• b/c of a physical or mental disability or condition
• Provided, that this definition shall only apply for purposes of availing the benefits under this Act

Question 3

Q: RA 11861
Define FLEXIBLE WORK SCHEDULE?

Answer 3

Answer:
- Refers to a work arrangement granted to a solo parent employee to vary the arrival and departure time in the workplace without affecting the core work hours as defined by the employer.

Question 4

Q: RA 11861
Define PARENTAL CARE AND SUPPORT?
[BaN-FoMEH]

Answer 4

Answer:
- Refers to the acts of providing for the:
-> basic needs,
-> emotional support
-> health care
-> mental and physical safety
-> formation of the personality of the child

Question 5

Q： RA 11861
Define PARENTAL LEAVE?
[LEGS][DuRe-2P]

Answer 5

Answer:
- Refers to leave benefits granted to a solo parent
- to enable the performance of parental duties and responsibilities
- where physical presence is required or beneficial to the child

Question 6

Q: RA 11861 Define Spouse?

Answer 6

Answer:
- Refers to a husband or wife by virtue of a valid marriage or a partner in a common-law relationship as defined under Art. 147 of Executive Order No. 209

Question 7

Q: RA 11861 What are the categories of solo parent?
[SOFW-LeG-URP]

Answer 7

Answer：
A） A parent who provides sole parental care and support of the child or children. [Sole]

(B) Spouse or any family member of an Overseas Filipino Worker (OFW), or the guardian of the child or children of an OFW [OFW]

(C) Unmarried mother or father who keeps and rears the child or children [Unmarried]

(D) Any legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children [LeGAF]

(E) Any relative within the 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 6 months. [DADA]

(F) A pregnant woman who provides sole parental care and support to her unborn child or children.

Question 8

Q: RA 11861 Who qualifies under “a parent who provides sole parental care and support of the child or children due to”? [RADDILA]

Answer 8

Answer:
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 sole 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 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 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 6 months.

Question 9

Q: RA 11861 Does the suspect for rape, whom impregnated the victim, has to convicted prior the victim may avail the expanded solo parent benefit?

Answer 9

A:
No. Provided that the victim is entrusted with sole parental care and support of the child.

Question 10

Q: RA 11861 What is the period of detention? [3 months not 6 months]

Answer 10

A: 3 months.

Question 11

Q: RA 11861 When is the spouse/ legal guardian/ any family member of an OFW may avail of the expanded solo parental act?

Answer 11

Answer:
a. That the OFW belongs to the low/ semi-skilled worker category
b. Away from the Philippines for an UNINTERRUPTED PERIOD of 12 months
c. 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.

Question 12

Q： RA 11861, Is RA 11861 forfeitable and noncumulative?

Answer 12

A: Yes. RA 11861 is forfeitable and noncumulative parental leave of not more than 7 working days with pay every year (regardless of employment status)(who has rendered at least 6 months of service)

Question 13

Q: RA 11861
What is the period or how many leave in a year may be availed of as provided under expanded maternity leave benefit?

Answer 13

A: In addition to leave privileges under existing laws, a forfeitable and noncumulative parental leave of not more than 7 working days with pay every year shall be granted to any solo parent employee.

Question 14

Q: RA 11861

Does the 7 day in a year leave, may be availed of by the employee regardless of employment status?

[who has rendered service of at least 6 months]

Answer 14

A: Yes.
- In addition to leave privileges under existing laws, a forfeitable and noncumulative parental leave of not more than 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 6 months

Question 15

Q: RA 11861 May the parental leave benefit availed of by the solo parent working in government offices?

Answer 15

A: Yes.

Question 16

Note: RA 11861, on work discrimination
- No employer shall discriminate against any solo parent employee 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 RA 11165, otherwise known as the telecommuting act.

Question 17

Q: RA 11861 True or False, Only a solo parent exercising sole parental care and support of the child or children is entitled to claim the benefits of a solo parent under this act?

Answer 17

A: True. [SOLE PARENTAL CARE AND SUPPORT]

Question 18

Q: RA 11861, What happens if there’s an occasional assistance and/or seasonal gifts; however, the value thereof do not meet the legal requirement of support under The Family Code of the
Philippines?

Answer 18

A: The solo parent entrusted and or exercising sole parental care and support is still entitled to the benefits of RA 11861.

Question 19

Q: RA 11861, Absence of valid and legal marriage between the mother and father of a child, does that entitled them to the benefits of RA 11861?

[FACTUAL CIRCUMSTANCES DEMONSTRATE - SHARED]

Answer 19

A: No.
- Absence of a valid and legal marriage between the mother and father of a child or dependent DOES NOT AUTOMATICALLY entitle either individual to the benefits under this Act if the FACTUAL CIRCUMSTANCES demonstrate that parental care and support are shared.

Question 20

Q: RA 11861 What is the documentary requirements for a solo parent with child or children as a consequence of rape falling under Section 4(a)(1)?

Answer 20

1. Birth certificate/s of the child or children
2. Complaint affidavit
3. Medical record on the incident of rape
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.

Question 21

Q: RA 11861 What is the documentary requirements for a solo parent on account of the death of the spouse?

Answer 21

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 sole parent is not cohabiting with a partner or co-parent
   - 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.

Question 22

Q: RA 11861 What is the documentary requirements for a solo parent on account of the detention or criminal conviction of the spouse falling?

Answer 22

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 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 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.

Question 23

Q: RA 11861 What is the documentary requirements on account of physical or mental incapacity of the spouse?

Answer 23

1. Birth certificate/s of the child or children
2. Marriage certificate
3. Medical record or medical abstract evidencing the physical or mental state of the incapacitated spouse issued not more than 3 months before the submission; 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.

Question 24

Q: RA 11861 What is the documentary requirements on account of legal or de facto separation of spouse?

Answer 24

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 2 disinterested persons attesting to the fact of separation of the spouses, 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.

Question 25

Q: RA 11861 What is the documentary requirements on account of declaration of nullity or annulment of marriage?

Answer 25

1. Birth certificate/s of the child or children
2. Marriage certificate
3. Judicial decree of nullity or annulment of marrige or judicial recognition of foreign divorce
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.

Question 26

Q: RA 11861 What is the documentary requirements on account of abandonment by the spouse?

Answer 26

1. Birth certificate/s of the child or children
2. Marriage certificate
3. Affidavit of 2 disinterested persons attesting to the abandonment of the spouse
4. Police or barangay record of the fact of abandonment
5. 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.

Question 27

Q: RA 11861 What is the documentary requirements for the spouse or any family member of an OFW?

Answer 27

1. Birth certificate/s of the child or children
2. Marriage certificate
3. Overseas Employment Certificate (OEC) or its equivalent document;
4. Copy of passport stamps showing continuous 12 months of overseas work
5. Employment contract; and
6. 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.

Question 28

Q: RA 11861 What is the documentary requirements for the unmarried father or mother who keeps and rears the child or children?

Answer 28

1. Birth certificate/s of the child or children
2. Certificate of No Marriage (CENOMAR)
3. Affidavit of a barangay official attesting that the sole parent is a resident of the brgy 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 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.

Question 29

Q: RA 11861 What is the documentary requirements for the solo parent who is a legal guardian, adoptive or foster parent?

Answer 29

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 sole parent is a resident of the brgy 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 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.

Question 30

Q: RA 11861 What is the documentary requirements for any relative within 4th civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support of the child or children?

Answer 30

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 6 months.
3. Affidavit of a brgy official attesting that the children are under the parental care and support of the applicant; and
4. Sworn affidavit declaring that the solo parent has 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.

Question 31

Q: RA 11861 What is the documentary requirements for the solo parent who is a pregnant woman?

Answer 31

1. Medical record of her pregnancy
2. Affidavit of a brgy official attesting that the applicant solo parent is a resident of the brgy and that the applicant has no spouse
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.

Question 32

RA 11861 IRR Expanded Solo Parents Welfare Act

Q: RA 11861, DEFINE ADOLESCENT PARENTS?
[19 YEARS OF AGE AND BELOW]

Answer 32

A: Refer primarily to men and women, who are 19 years of age and below, who have a children and opt to parent and raise the child or children on his/her own.

Question 33

Q: RA 11861, DEFINE ADOPTIVE PARENT? [must complete all the legal requirements and must have decreed as qualified to adopt a child by the court]

Answer 33

A: Refers to a person who, through adoption, is considered the legitimate parent of a child over whom he/she has parental authority.

• In order for an individual to become an adoptive parent, he/she must complete all the legal requirements and must have been decreed as qualified to adopt a child by the court.

Question 34

CHED - Commission on Higher Education
CSC - Civil Service Commission
DepEd - Department of Education
DILG - Department of the Interior and Local Government
DMW - Department of Migrant Workers
DOF - Department of Finance
DOH - Departmetn of Health
DOLE - Department of Labor and Employment
DSWD - Department of Social Welfare and Development
DTI - Department of Trade and Industry
NEDA - National Economic and Development Authority
NHA - National Housing Authority
PAO - Public Attorney’s Office
PCW - Philippine Commission on Women
PSA - Philippine Statistics Authority
PhilHealth - Philippine Heath Insurance Corporation
TESDA - Technical Education and Skills Development Authority

Question 35

Q: IRR RA 11861, DEFINE CHILD-MINDING CENTER?
[FACILITY OR AREA, 7 YEARS & BELOW, HABITUALLY RECEIVED FOR PURPOSES OF CARE CARE SUPERVISION DURING WORKING HOURS]

Answer 35

Answer:
a. Refers to a facility or an area within the workplace
b. or in accessible locations to the solo parent or workplace of the guardian
c. provided by the employer where the solo parent employee’s child, children, or dependent/s who are aged 7 years old and below is/are habitually received for purposes of care and supervision during working hours.

Question 36

Q: IRR RA 11861, Define FLEXIBLE WORKING SCHEDULE? [WORK ARRANGEMENT]

Answer 36

Answer:
- Also known as flexitime or gliding schedule
- refers to a work arrangement granted to a solo parent employee
- whether private or public
- to vary the arrival and departure time in the workplace without affecting the core work hours

Question 37

Q: IRR RA 11861, WHO IS A FOSTER PARENT? [DULY LICENSED BY THE DEPARTMENT OF SOCIAL WELFARE]

Answer 37

A: Refers to a person who is duly licensed by the Department of Social Welfare and Development or the NACC to provide foster care to a child or children.

Question 38

Q: IRR RA 11861, WHO IS A LEGAL GUARDIAN? [PERSON GRANTED LEGAL GUARDIANSHIP]

Answer 38

A: Refers to a person granted legal guardianship over the person or property, or both, of a minor or an incompetent’s, by a court of proper jurisdiction.

Question 39

Q: IRR RA 11861, DEFINE MEANS-TESTED?
[DETERMINATION - NO VISIBLE MEANS OF INCOME]
[owing to the demands for subsistence]
[conditions prevailing in the place of residence]

Answer 39

A: Refers to a DETERMINATION whether a solo parent has no visible means of income
- or his or her income is otherwise insufficient to enable the solo parent
- to provide sole parent care and support to a child, children, or dependent/s
- owing to the demands for subsistence of his/her family
- and the conditions prevailing to the place of residence

Question 40

Q: IRR RA 11861, define pension-tested?

Answer 40

• Refers to the determination whether a solo parent is not receiving any pension, retirement benefits or payout, or his/her pension, retirement benefits or payout is otherwise insufficient to enable the sole parental care and support to a child, chilren, or dependent/s owing to the demands for subsistence of his or her family and the conditions prevailing in the place of residence.

Question 41

Q: IRR RA 11861, define subsidy-tested?

Answer 41

• refers to the determination whether a solo parent is not receiving any form of aid, support, grant, or appropriation, in cash or kind, from the government or a private entity,
• or his/her aid, support, grant, or appropriation.
• In cash or kind, from the government or a private entity is otherwise insufficient to enable the solo parent to provide parental care and support to a child, children or dependent/s owing to the demands for subsistence of his/her family and the conditions prevailing in the
  place of residence.

Question 42

Q: IRR RA 11861, define telecommuting? [WORK ARRANGEMENT]

Answer 42

• refers to a work arrangement that allows an employee to work from an alternative workplace
• in whole or in part
• with the use of telecommunication and/or computer technologies.

Question 43

Q: IRR RA 11861
what are the qualifications of solo parent?
[Section 8, IRR RA 11861]

Answer 43

1. A resident of the place where the assistance is sought, as certified by the barangay chairperson, or his/her duly authorized representative:
   - Provided, that if the solo parent is a transferee from another barangay, he or she shall a clearance from his or her previous brgy, indicating whether he or she has availed of any benefits for solo parents, and the nature of such benefits;
2. With an income level equal to or below the poverty threshold as determined by the PSA
   - and assessed by a social worker as provided for in these revised IRR.