In celebration of Solo Parents Week, we look at the legal framework that reinforces the rights and entitlements of solo parents under RA 11861. Signed into law in June 04 2022, the measure builds on the foundation of RA 8972, or the Solo Parents Welfare Act, and reflects a more robust and responsive approach to modern family realities.
Solo parents have long navigated the balancing act of providing, nurturing, and raising children on their own, which is equally hard to do even with both parents present. Solo parents’ lifelong experiences and choices, filled with hardship and fulfillment alike, which often go unappreciated, are not something to be trifled with.
“Nakakapagod,” said Cristina, a solo parent of two children, when asked about what it is like to be a solo parent in the Philippines. “[Pero] laban lang para sa sahod.”
According to a World Health Organization (WHO)-funded study by the Department of Health and the University of the Philippines – National Institutes of Health (UP NIH), cited by the Senate in 2021, there are currently an estimated 14 to 15 million solo parents in the Philippines, 95% of whom are women.
Similarly, the Philippine Institute for Development Studies (PIDS) also revealed that eight in every 20 women are in vulnerable employment positions.
In recognition of the unique challenges they face, the Philippines took a progressive step forward with Republic Act No. 11861—also known as the Expanded Solo Parents Welfare Act, which strengthens the support system for solo parents, aligning with the country’s broader commitment to inclusive social protection.
Who Qualifies as a Solo Parent under RA 11861?
The law expands the definition and now, those who qualify as a solo parent are:
- A parent who provides sole parental care and support of the child or children due to:
- 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 and that the solo parent under this category may still be considered a solo parent under any of the other categories;
- Death of the spouse;
- Detention of the spouse for at least three (3) months or service of a sentence for a criminal conviction;
- Physical or mental incapacity of the spouse as certified by a public or private medical practitioner;
- 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;
- 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
- Abandonment by the spouse for at least six (6) months;
- 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, and that the OFW, his or her spouse, family member, or guardian of the child or children of an OFW may still be considered as one under any of the categories;
- Unmarried mother or father who keeps and rears the child or children;
- Any legal guardian, adoptive or foster parent, and family member or relatives, such as a grandparent, sibling, or guardian who solely provides parental care and support to a child or children;
- A pregnant woman who provides sole parental care and support to the unborn child or children
Key Benefits, Entitlements, and Rights
The Expanded Solo Parents Welfare Act provides a range of economic, social, and workplace benefits:
- Parental Leave. In addition to leave privileges under existing 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.
- Flexible Work Schedule. 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.
- Educational Benefits and Assistance. The Department of Education (DepEd), Commission on Higher Education (CHED), and Technical Education and Skills Development Authority (TESDA) shall provide scholarship programs and discounts for solo parents and a full scholarship for one (1) child of a solo parent in institutions of basic, higher, and technical vocational skills education.
- 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 Department of Labor and Employment (DOLE) and the Civil Service Commission (CS) shall continue to encourage working mothers, who are solo parents, to practice breastfeeding in the workplace.
- Social Safety Assistance. During disasters, calamities, pandemics, and other public health crises as may be declared by the Department of Health (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 Department of Social Welfare and Development (DSWD). The LGUs shall ensure that the budget for social safety assistance is included in the calamity funds of LGUs.
- Monthly Cash Subsidy. Solo parents earning a minimum wage and below will receive a monthly cash subsidy of ₱1,000 from their respective local government units following Section 17(b)(2)(iv) of the Local Government Code
- 10% Discount and Value Added Tax (VAT) Exemption. For solo parents earning below a specific threshold, discounts on baby’s milk, food, and medicine apply up to the child’s sixth year.
- Prioritization in the Workforce and Other Educational and Livelihood Programs. Prioritization of solo parents, particularly solo mothers in re-entering the workforce, and their children as applicable, in apprenticeships, scholarships, livelihood training, reintegration programs for OFWs, employment information and matching services, and other poverty alleviation programs.
- Priority in Housing. Prioritization and allocation in housing projects with liberal terms of payment on government low-cost housing projects, following housing law provisions, prioritizing applicants below the poverty line as declared by the Philippine Statistics Authority (PSA).
Such benefits shall be availed upon presentation of a Solo Parent Identification Card (SPIC/Solo Parent ID).
- Solo Parent Identification Card (SPIC/Solo Parent ID). The updated system makes registration and access more streamlined through both LGUs and digital platforms.
Solo parents are also entitled to the following rights:
- No to 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.
- 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 (PNP) station where the abused, abandoned, or neglected parent resides, 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.
- Special Protections for Adolescent Solo Parents. Adolescent solo parents, including victims of child marriages, shall 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.
On Violations of the Expanded Solo Parents Welfare Act
RA 11861 penalizes persons, institutions, and employers who deny or obstruct solo parents from accessing their benefits, ensuring real accountability:
- First Offense. ₱10,000 to ₱50,000 fine and imprisonment of 6 months to 1 year, or both.
- Second Offense. ₱100,000 to ₱200,000 fine and imprisonment of 1 to 2 years, or both.
- Additional Sanctions. If the offender is a public officer, they will be dismissed from service and permanently disqualified from holding public office.
- Revocation of Licenses. For private establishments, repeated violations may lead to suspension or revocation of business permits or licenses.
- Foreign/Alien Offender. The foreigner shall be deported immediately after service of sentence without further deportation proceedings.
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RA 11861 acknowledges the resilience of solo parents and the need to support them more intentionally. For solo parents like Cristina, such acknowledgment and support help in monumental ways, not only for their children’s future but also the fulfillment of hopes and dreams inside their ever-resilient and loving hearts.
“Every time may na-a-achieve yung anak mo, it keeps you going,” reflects Cristina. “Hanggang magugulat ka na lang na tapos na; worth it pag naka-graduate na.”
This Solo Parents Week, the Philippines recognizes solo parents not just with empathy, but with structures and systems that ease their burdens and empower their journey.
Disclaimer: The content of this blog is for informational and educational purposes only and should not be considered as legal advice. While we strive to provide accurate and up-to-date information, the blog does not create an attorney-client relationship. For legal concerns or specific legal guidance, please consult a qualified lawyer.
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Author/s: Patricia Mae L. Minimo
About the author: Patricia Mae L. Minimo is the Firm’s writer. She is a Communication graduate from the University of the Philippines – Baguio with a major in Journalism and a minor in Speech Communication.