CITY ORDINANCE NO. 2025-603 Sponsored by: Committee on Laws, Rules and Policy Formulation, Committee on Finance and Appropriations & Committee on Health and Social Services "AN ORDINANCE ADOPTING AND LOCALIZING THE IMPLEMENTATION OF REPUBLIC ACT NO. 11861, ENTITLED "AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES" WHEREAS, Section 1, Article XV of the 1987 Philippine Constitution clearly states that "The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development;" WHEREAS, the State, under the Parens Patriae doctrine, shall look after the welfare of its constituents; WHEREAS, Solo Parents bear the sole responsibility of parenthood by providing the basic needs, sole parental care and support of the family; WHEREAS, the Local Government of Pagadian (LGU), acknowledges the struggles of the solo parents in providing decent lives for their children. Thus, the LGU Pagadian shall undertake to ensure and provide for the needs, services and benefits of the solo parents and their children pursuant to R.A. 8972 as amended by R.A. 11861; WHEREAS, R.A. No. 7160 otherwise known as the Local Government Code of the 1991, specifically Section 447 (a) provides that "The Sangguniang Panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants;" NOW, THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod (14th City Council) of Pagadian City, in session assembled, that: SECTION 1. TITLE. - This Ordinance shall be known as the "EXPANDED SOLO PARENTS' WELFARE ORDINANCE OF PAGADIAN CITY." SECTION 2. DEFINITION OF TERMS. - As used in this Ordinance, the following shall be construed as: ACT- refers to R.A. No. 11861 or the "Expanded Solo Parents Welfare Act;" INDIGENT SOLO PARENT - refers to one whose net income falls below the poverty threshold set by the National Economic Development Authority (NEDA) and is not receiving a monthly pension or allowance from a concerned public or private entity beyond such poverty threshold, as assessed and verified by the City Social Welfare and Development Office (CSWDO) and/or Department of Social Welfare and Development (DSWD); LEGAL GUARDIAN - refers to a person granted legal guardianship over the person or property, or both, of a minor or an incompetent, by a court of proper jurisdiction; CHILDREN - refers to those living with and dependent upon the solo parent for support and sustenance, who are unmarried, unemployed, and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability; COHABITATION - refers to a living arrangement whereby a couple who is not married, is living together in the same household. Couples in such a living arrangement may be of the same or different gender; PARENTAL CARE AND SUPPORT - refer to the acts of nurturing and providing for the basic needs, health care, mental and physical safety; emotional support, and development of the personality of the child, children, or dependent/s, and do not depend solely on the financial capability of or support given by the person obligated to a support; MEANS-TESTED - The determination whether a solo parent has no visible means of income, or his/her income is otherwise insufficient to enable the solo parent to provide sole 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; PENSION-TESTED - refers to the determination whether a solo parent is not receiving any person, retirement benefits or pay-out, or his/her pension, retirement benefits or pay-out is otherwise insufficient to enable the solo parental care and support to a child, children, or dependent/s owing to the demands of subsistence of his/her family and the condition prevailing in the place of residence; SUBSIDY-TESTED - 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 sole 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; RELATIVE WITHIN THE FOURTH CIVIL DEGREE OF CONSANGUINITY OR AFFINITY - "consanguinity" refers to relationship by blood, "affinity" refers relationship by marriage; "relative within the fourth civil degree" includes one's spouse, parents, grandparents, great-grandparents, great-great-grandparents, children, grandchildren, great grandchildren, great-great grandchildren, uncles, aunts, great-uncles, great-aunts, first cousins by virtue of a blood relationship or marriage; SOLO PARENT IDENTIFICATION CARD (SPIC) - refers to the identification card issued to the solo parent as his/her competent proof of identification and the primary evidence of his/her status as a solo parent to enable him/her to avail of the benefits under the Expanded Solo Parents Welfare Act; CSWDO - refers to the City Social Welfare and Development Office of the City of Pagadian; CHO - refers to the City Health Office of the City of Pagadian; PESO - refers to the Public Employment Service Office of the City of Pagadian; PDAO - refers to the Persons with Disability Affairs Office of the City of Pagadian; SECTION 3. WHO CAN APPLY. - An individual, recognized as a Filipino Citizen, is deemed a "solo parent" eligible to apply for a SPIC when he or she is in exclusive possession of parental authority, care, and financial maintenance responsibilities for children, or dependent/s. It is imperative that said individual does not engage in cohabitation and/or a co-parenting arrangement with another person, unless their spouse is incapacitated either physically or mentally, rendering them unable to fulfil the responsibilities of child care and support. The solo parent should be able to prove that he or she has no visible means of income, or his or her income is otherwise insufficient to provide sole parental care and support. SECTION 4. CATEGORIES OF SOLO PARENT. - A solo parent refers to any individual who falls under any of the following categories: (a) A parent who provides sole parental care and support of the child or children due to - (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 solo 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 three (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 six (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 six (6) months; (b) 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:?Provided,?further,?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; (c) Unmarried mother or father who keeps and rears the child or children; (d) Any legal guardian, adoptive or foster parent who solely provides parental care and support to a child or children; (e) Any relative within fourth (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 six (6) months:?Provided,?That in cases of solo grandparents who are senior citizens but who have the sole parental care and support over their grandchildren who are unmarried, or unemployed and twenty-two (22) years old or below, or those twenty-two (22) years old or over but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, they shall be entitled to the benefits of this Act in addition to the benefits granted to them by Republic Act No. 9257, otherwise known as the 'Expanded Senior Citizens Act of 2003'; or (f) A pregnant woman who provides sole parental care and support to the unborn child or children. SECTION 5. DUTIES AND RESPONSIBILITIES OF LGU PAGADIAN CITY. - To ensure the effective implementation of the law, the Local Government of Pagadian City and the Barangay shall perform responsibilities and observe rules such as, but are not limited to: The Local Government of Pagadian shall: Continue all existing programs and/or projects that benefits the solo-parents; Endeavour to ensure that the City effectively responds to the mandate of R.A. 11861 otherwise known as "Expanded Solo Parents Welfare Act" and maximizes its efforts in reaching all its target beneficiaries; instruct and inform the CSWDO, CHO, PESO, and PDAO about the mandate of this Ordinance concerning their office; Create and establish a Solo Parent Office in the City; Create and maintain a database and database management system for the inventory of all individuals categorized as solo parents and conduct annual updating and re-assessment; Create a mechanism and methods for identifying targeted solo parents or those that can be targeted solo parents or those that can be tagged as indigent and qualified to receive financial assistance; and Sangguniang Barangays shall perform duties, such as, but are not limited to: Assist the City Government of Pagadian in identifying and informing beneficiaries of the Law and this Ordinance as well as the implementation of its new provisions; and Other mechanisms and initiative deemed necessary or vital for the full implementation of the provisions of this Ordinance. SECTION 6. INCORPORATION OF WELFARE SERVICES, PRIVILEGES AND BENEFITS. - Notwithstanding that the mandate under R.A. No. 8972 is unto the national government agencies and instrumentalities, by this local legislation, the City of Pagadian formally imposes upon itself the obligation to provide the solo parents and their children, the welfare services and special privileges and benefits that the law has enumerated such as livelihood assistance, counselling, parent effectiveness, critical incidence stress debriefing, among others. Accordingly, the pertinent provisions of R.A. No. 8972, as amended, are hereby considered written in this Ordinance. SECTION 7. CASH SUBSIDY. - Means pension, and subsidy-tested monthly cash subsidy of One Thousand Pesos (P1,000.00) per month per solo parent who is earning a minimum wage and below, to be allocated by the City of Pagadian in accordance with Section 15 of R.A. No. 11861 or the "Expanded Solo Parents Welfare Act: Provided, that the solo parent under this section is not a recipient of any other cash assistance or subsidy from any other government programs: Provided, further, that a beneficiary who is also a senior citizen or a Person With Disability (PWD) may continue receiving senior citizen or PWD benefits without forfeiting the benefits under this Ordinance. SECTION 8. FLEXIBLE WORK SCHEDULE. - The employer shall provide a flexible work schedule for solo parents: Provided, that the same shall not affect individual and company productivity. Furthermore, any employer may request exemption from the above requirements from the Department of Labor and Employment. SECTION 9. WORK DISCRIMINATION. - No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status. SECTION 10. PARENTAL LEAVE. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days per year shall be granted to any solo parent employee who has rendered service of at least one (1) year. The seven-day parental leave shall be non-cumulative. SECTION 11. ADDITIONAL WELFARE SERVICES, PRIVILEGES, AND BENEFITS. - In addition to the welfare services, privileges and benefits provided by law, solo parents and/or their children shall be entitled to the following privileges and benefits, to wit: Basic Educational Services - Children of indigent solo parents are priority for inclusion in the city's basic educational programs in the pre-school, elementary and secondary level, including SPED (Special Education) Program; Housing Services. - No less than five (5%) percent of the beneficiaries in any new housing site under the City's Socialized Housing Program should come from the ranks of the solo parents subject to the program's requisites. Provided, that the beneficiaries' equity requirement shall be reduced to fifty percent (50%) of the prescribed amount but the remaining half shall nonetheless be paid in the manner set by applicable city ordinance, regulation or policy; Death or Burial Assistance. - An indigent solo parent and his/her child shall be entitled to a death benefit or burial assistance of Two Thousand Pesos (Php 2,000.00), without prejudice to increasing the same at the Mayor's discretion when the budget so permits; Medical Assistance. - An indigent solo parent or his/her child shall be prioritized in all the medical assistance programs of the City Government; Livelihood Assistance. - Solo parents shall have the priority in the grant of livelihood assistance under any of the City's applicable programs or projects, subject to the qualification requirements under existing ordinance, rule and regulation; Employment Assistance. - Solo parents shall have priority in the employment programs of the Local Government subject to job matching based on qualifications and experience; Other services, privileges and benefits that the city is currently giving or may subsequently offer. SECTION 12. REGISTRATION. - The City Government of Pagadian, through the CSWDO, shall undertake a city-wide registration of all the solo parents and their children for purposes of obtaining, among others, information such as their names, ages, addresses, income including the source thereof, number of children per solo parent and the circumstances of being solo. SECTION 13. ISSUANCE OF I.D. - The CSWDO shall cause the issuance of a Solo Parent Identification Card which shall be considered as competent evidence of identity and membership in the sector as well as of the entitlement to the benefits under this Ordinance and of R.A. No. 8972, as amended. SECTION 14. AVAILMENT. - Proof of membership and entitlement shall be presented by the solo parent and/or his/her child to avail of the benefits granted under R.A. No. 8972, as amended, and this Ordinance. SECTION 15. DISQUALIFICATION - Change of civil status shall automatically result to disqualification from any of privileges under this Ordinance, except under Housing benefits under Article 5 (c) hereof, when the beneficiary remains qualified under other existing or applicable ordinance, rules, policies and programs of the local government. SECTION 16. PENALTY CLAUSE. - Any misrepresentation made to obtain a Solo Parent Identification Card or any improper use or abuse by any person to avail of the rights and privileges granted to solo parents and their children shall be fined with: First Offense - Php 2, 500.00 Second Offense - Php 3, 000.00 Third Offense - Php 5, 000.00 or one (1) month imprisonment, or both, at the discretion of the Court. SECTION 17. REPEALING CLAUSE. - Any City Ordinance, rules and regulations and/or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed and/or modified accordingly. SECTION 18. SEPARABILITY CLAUSE. - In the event that any part or provision of this Ordinance shall be held unconstitutional or invalid, the other parts or provisions not affected thereby shall continue to be in full force and effect. SECTION 19. EFFECTIVITY. - This Ordinance shall take effect upon its approval and fifteen (15) days after publication in a newspaper of local circulation for three (3) consecutive weeks. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 110th Regular Session held on 12 March 2025 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City. BALDOMERO FERNANDEZ City Vice Mayor/Presiding Officer Verified: MONIQUE SHAIRA Y. TO SP Member/Floor Leader Attested: ELKID P. NACUA Secretary to the Sangguniang Panlungsod Approved: SAMUEL S. CO City Mayor Date:_________________