In the course of our work, particularly labor and HR-related functions, we’ve come to observe an increasing number of solo parents. Of course, solo parents have always been there all along, but the enactment of a law (Republic Act No. 8972, also known as the Solo Parents’ Welfare Act of 2000) placed the spotlight on them.
There was a British study in 2002 showing that “more people are living alone, or as single parents, than in a traditional family unit.” On the other hand, a Philippine study (Globalization and Changes in Work & Employment Conditions in the Philippines, Jorge V. Sibal, Maragtas S.V. Amante and Ma. Catalina Tolentino) noted the following interesting findings:
* Among the workers, 7 percent of those who are not married indicated that they have children (solo parents, with an average of 2 children).
* Unmarried workers who support dependents constitute a significant 45.3 percent of the sample.
* There are more women solo parents than men (5.3 percent women, compared to only 1.8 percent of the men).
* The proportion of women who support dependents are even greater: 30 percent, as opposed to 15.3 percent for the men.
* The highest incidence of solo parents is in the business processing and telecommunications sectors, averaging at 16 solo parents in each enterprise, compared to the over all average of 11 solo parents.
There are criticisms against the law. Some view it as an unfair preference in favor of single parents, who are entitled to additional benefits, including a “parental leave” of 7 days every year to enable him/her to perform parental duties and responsibilities where physical presence is required (see the Primer on the Solo Parents’ Welfare Act of 2000). The critics’ argument goes like this: “Why can’t a regular parent enjoy these benefits, when they themselves are raising children and supporting their families?” The distinction, however, is understandable because solo parents don’t have the luxury of two persons taking care of the nest, so to speak.
Under the law, a “solo parent” (perhaps you’ll notice why the term “single parent” was not used) refers to 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.
(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 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 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 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.
The more important criticism is the observation of others that the law actually encourages single parents, seriously eroding the institution of marriage. The Family Code characterizes marriage as “the foundation of the family and an inviolable social institution” and it seems ironic that the declared policy behind the Solo Parents Law is “to promote the family as the foundation of the nation.” There are only some of the arguments raised and, of course, you may have a different opinion. Let’s hear what you have to say.
Related posts:
- Legal Support for the Child and R.A. 9262
- Psychological Incapacity and Annulment
- Allowing Absolute Divorce in the Philippines
- Declaration of presumptive death of a spouse for subsequent marriage
- An invitation for all fathers and would-be fathers
- Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers
- Annulment in the Philippines: Questions and Answers (Part 3)
by APOL
16 Apr 2008 at 01:52
MARRIAGE IS A SCAM. RELIGION IS FOR LOSERS. ONLY LAWYERS BENEFIT FROM MARRIAGE AND OF COURSE, DIVORCE.
by Atty. Fred
16 Apr 2008 at 13:38
Strong words you have there, Apol, and you’re entitled to your opinion. However, these are mere labels, and, labels without convincing basis have no value other than inciting the emotions. I sure would like to know your basis in saying that “marriage is a scam” (never mind the part on “religion is for losers”). If it’s indeed a scam, as you say it is, then I don’t know why so many are fighting for the legalization of same-sex marriage. Just a thought.
By the way, please refrain from using all caps. Peace.
by raj
16 Apr 2008 at 16:16
on (6). Solo parent of an annulled marriage… will this be a carry over benefit in case of remarriage or not? There seems to be no provision for a remarry status..(just curious)
by belle
16 Apr 2008 at 16:26
It is my belief that the enactment of the Solo Parents’ Welfare Act is not a mockery of the institution of marriage nor an encouragement of a choice towards it. Rather it is a compassionate move by the state to acknowledge the sad plight of solo parents and their need for assistance so that they can continue to become productive members of society at the same time fulfill their role as solo parent to their kids.
I am a solo parent not by choice but by circumstance of the untimely death of my husband and I can say that its not been easy to live through it and carry on the responsibility to my kids. The act only provides for a segment of the socio-economic needs of solo parenthood and much is left on our shoulders to bear, not to mention the emotional side of it.
There is one aspect the act has failed to consider though and that is on the tax exemptions for a solo parent. When I was still married my tax exemptions were high because I was married with me claiming the exemptions for my children. When my husband died, my classification was changed to that of head of the family and the tax exemption went down. For a solo parent with minor kids to support I feel there should be some relief or qualifications in tax exemptions.
For some people who still hold criticisms against the enactment of the Solo Parents’ Welfare Act, wait till you become solo parents yourself and lets hear what you have to say then…come on.. Isn’t it nice that apart from the love and support of your family, you can find solace in the compassionate hand of the State?
by Atty. Fred
17 Apr 2008 at 06:51
@belle, very well said. Thank you.
@raj, to address the issue you raised, may I invite your attention to this proviso of the law: “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.”
by Blackshama
17 Apr 2008 at 13:19
You write
“The more important criticism is the observation of others that the law actually encourages single parents, seriously eroding the institution of marriage. The Family Code characterizes marriage as “the foundation of the family and an inviolable social institution”
However there are a lot of unmarried people who have taken in free will the responsibility of parenting. They fall under your criteria 9 and 10.
There are a host of factors that “erode the institution of marriage”. Some have a Darwinian explanation, some a cultural change one and some have an economic explanation. Any serious discussion on marriage as a social institution should consider all of these reasons and taw being a reflection of the order of society has to consider these.
The solo parents act should be considered as an act of compassion, a legal remedy that takes into consideration
the circumstances of a lot of people. It should be left at that.
by donG hO
17 Apr 2008 at 18:15
that’s not a good sign. it also means that more and more people get to make wrong choices or maybe the wrong reason for marriage.
i know a lot of people from my previous work who are single parents and what’s sad is most of their husbands are also married to someone else.
not a good news.
by URIEL
18 Apr 2008 at 05:15
solo parent act is a good law.it is a recognation of what is really happening in our society at this modern time.i think the state should consider also divorce or some other laws that can provide, at least, an easier way out of marriage.the state should not force marriage and obligate ,under pain of the law, to continue their marriage.only good marriages should continue,bad marriages should end otherwise it would result to cruelty by the state—like putting a cat and a mouse together in the same cage.
by URIEL
18 Apr 2008 at 05:25
…and priest and nuns should also try getting married so that they will really know how happy and painful it is…so that they will change their advocacy on family planning,pre marrital sex and divorce.
by URIEL
18 Apr 2008 at 05:38
…speaking of marriage,may abogado notaryo publiko dito sa lugar namin na kapalmuks talaga—-”NOTARY PUBLIC:NAGKAKASAL authorized to solemnized marriage”…..nakalagay pa sa glass wall ng kanyang opisina at may karatula pa sa daanan.much worst,ang office nya ay napaligiran ng ibang law office at sa harapan pa ng city hall compound na may hall of justice….a lawyer shall only used fair,honest,and truthful information in making known his services.sarap saksakan ng canister ang puwit nito!:}
by kuma
16 May 2008 at 09:23
true though, it’s the lawyers who benefit from all those marriages and divorces and perhaps wedding companies too. I doubt if you should base the whole society on the tradition mode of family, like two parents and two kids. Now the usual is single parent and kids with steps siblings etc, and that’s the reality we need to face. Solor parents do have the need to get special treatment and allowances at times for the benefit of their child, them going solo means parenting is harder. I don’t see how we cannot understand or how we should be jealous of them. Just for the child.
by Kara
19 May 2008 at 06:41
solo parents need to bear the burden of bringing up our future generation we definitely need to help them . Not to mention their kids have only one parent to look up to for care and attention. For their sake and betterment, their parents earning a bit advantages is just sensible.
by Ditas
20 Jun 2008 at 12:56
I am a single parent for 16 years now and sad to notice that of the ten categories of solo parent, my case is not there. Do I have a right to correct my status where I feel so disadvantaged under the law ? I lived with my husband who is a gambler, drunkard and over jealous which resulted in physical and mental abuses. For the four years we’ve been together, not a week will pass without these abuses. When I realized I am in danger of being added to statics of crime of passion, I run away, my children then were already with my parents. I run away for my life and for my sanity and I had no time nor capacity to get a physician to certify my husband’s mental health. I’ve been busy working to support my children. I did not ask for child support such that my whereabouts will not be known. 14 years have passed, with my meager savings I filed for annulment in 2006. Almost two years now 2008, without money, without work, my case is still undecided in court. Psychological incapacity is hard to prove when the other party is not willing to undergo with the test. Telephone interview seemed not acceptable. Are there any avenue that I can move on? I find annulment usually works only if one have enough money to spend. What if one is hurting and has no money? Is this law just a privilege and not a right?
by 031674
21 Jun 2008 at 14:02
The law encourages single parents??? You mean just because solo parents are given 7 more days of vacation leave per year, they will opt to be a solo parent???? The law really doesnt give that much incentive to opt a solo-parent act! That analogy is way far off the point! the law doesnt even give room for solo parents to sigh, much more for couples to choose being a single parent “since im protected by the solo parent act” duh???
by dhanarajesh1
19 Sep 2008 at 18:06
by divorce only parents have to suffer.. please dont divorce
by single parenting
16 Jun 2009 at 09:01
Single parents like me should be given more benefits under the solo parent law. Although the law states that we have an additional 7 days of leave I was unable to get this benefit not all companies knows that there is such a law.
by aidmad
20 Dec 2009 at 19:02
R.A. 8972 otherwise known as Solo Parent’s Welfare Act is a law promoting family as the foundation of the nation. Here, the law encourages the government to help the disadvantaged solo parents by providing benefits and privileges under the comprehensive programs developed by other national government, dswd will act in assessment. In quezon city, sad to say ever since the guidelines of R.A. 8972 came out april 2002, the council has only passed an ordinance directing all barangay officials to conduct mass registration of solo parents. Unfortunately, since this ordinance was released last 2007, few barangays are implementing the ordinance. What a waste……