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Introduced by Councilor ALEXIS R. HERRERA, JULIENNE ALYSON RAE V. MEDALLA, RAQUEL S. MALANGEN, LENA MARIE P. JUICO, CANDY A. MEDINA and ALLAN BENEDICT S. REYES.

Co-introduced by Councilors Estralla C. Valmocina, Anthony Peter D. Crisologo, Ramon P. Medalla, Allan Benedict S. Reyes, Franz S. Pumaren, Jaime F. Borres, Jesus Manuel C, Suntay, Bayani V. Hipol, Jose A. Visaya, Godofredo T. Liban II, Karl Edgar C. Cestelo, Rogelio "Roger" P. Juan, Melencio "Bobby" T. Castelo. Jr., Donato C. Matias and Ricardo S. Corpuz.

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WHEREAS, the State, under the parens patriae doctrine, shall look after the welfare of its constituents;

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 Philippine Congress enacted Republic Act No. 8972, also known as the "Solo Parent's Welfare Act of 2000", that recognizes the legal concept of "Parents" from the traditional definition to that of the present which also contemplates a parent constituted by a single individual;

WHEREAS, as defined by Ordinance No. SP-2041, S-2011, all solo parents and their children shall be accorded the following assistance, benefits and privileges:

"Section 3. Criteria for Support. - Any solo parent whose income in the place of domicile which must be within the territorial jurisdiction of Quezon City falls, below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the Quezon City Social Services Department (QC SSDD) shall be eligible for assistance.  Provided, however, that any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 5, 6, and 7 of this Ordinance.

Section 5. Flexible Work Schedule. - The employer, whose office where the solo parent is employed is within the territorial jurisdiction of this City, shall provide for a flexible working schedule for solo parents: Provided, that the same shall not affect individual and company productivity. Provided, further, that any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.

Section 6. 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 7. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

Section 8. Educational Benefits. - The QC SSDD shall provide the following benefits and privileges:

Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/ skills education; and

Non-formal education programs appropriate for solo parents and their children.

Section 9. Medical Assistance. - The QC Health Department shall develop a comprehensive health care program for solo parents and their children.  The program shall be implemented by the QC Health Department through their retained hospitals and medical centers."

WHEREAS, Republic Act No. 8972 or the Solo Parents Welfare Act of 2000 further provided the following benefits and privileges to all solo parents and their children:

"Sec. 10. Housing Benefits. - Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA."

WHEREAS, the Local Government of Quezon City has instituted several programs in education, housing, social welfare, among others, that could be re-focused towards the providing additional benefits and privileges to solo parents and their children:

WHEREAS, the intent of this ordinance is not only to lessen the burden of solo parenting but to also ensure that their children will have a better future:

NOW, THEREFORE

BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED:

SECTION 1. TITLE - This Ordinance shall be known as the "QUEZON CITY EXPANDED BENEFITS OF SOLO PARENTS AND THEIR CHILDREN ORDINANCE".

SECTION 2. DEFINITION OF TERMS - Pursuant to Republic Act No. 8972 and its Implementing Rules and Regulation, and Ordinance No. SP-2041, S-2011, the following terms shall mean as follows whenever used in this ordinance: 

(a)

"Solo Parent"-- any Individual who, falls under any of tha following categories:

 

 

(1)

A woman who gives birth as a result of rape 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 one (1) year.

 

 

The law applies to the spouses of prisoners, whether or not a final judgment has been rendered, provided they are in detention for a minimum period of one (1) year;

 

 

(4)

Parent left solo pr 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 one (1) year Provided, that he or 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: Provided, that he/she is entrusted with the custody of the child/children;

 

 

(7)

Parent left sola or alone with the responsibility of parenthood dueto abandonment of spouse for at least one (1) year;

 

 

(8)

Unmarried mother/father who has preferred to keep and rear his/her child/children Instead of having others care for them, or to give them up to a welfare institution;

 

 

(9)

Any other person who solely provides parental care and support to a child or children provided he/she is duly licensed as a foster parent by the DSWD, or duly appointed legal guardian by the court;

 

 

(10)

Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or absence that lasts for at least one (1) year.

 

A change in the status or circumstance of the parent claiming benefits under the Act, such that he/she is no longer loft alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits;  

(b)

"Family" - shall refer to that Solo Parent and his/her child/children; Provided, however, that the family member referred to in these ordinance shall include any relative by consanguinity up to the fourth civil degree. These persons shall include, but are not limited to, any uncle, aunt, grandfather, grandmother, niece, nephew, or cousin;

 

(c)

"Social Worker" - a person who Is a graduate of Social Work and duly registered pursuant to Republic Act No. 4373, and employed with the Social Welfare and Development Office of the local government unit where the solo parent resides;

 

(d)

"Children" - refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and below eighteen (18) years of age, or even eighteen (18) years and above but are incapable of self-support and/or mentally and/or physically challenged;

 

(e)

"Parental responsibility" - with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the "Family Code of the Philippines," and hereunder enumerated as fallows:

 

 

(1)

To keep them in their company, to support, educate and instruct them by right precept and good example and to provide for their upbringing in keeping with their means;

 

 

(2)

To give them love and affection, advice and counsel, companionship and understanding;

 

 

(3)

To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;

 

 

(4)

To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

 

 

(5)

To represent them in all matters affecting their interest;

 

 

(6)

To demand from them reaped and obedience;

 

 

(7)

To impose discipline on them as, may be required under the circumstances; and

 

 

(8)

To perform such other duties as are imposed by law and upon parents and guardians;

 

(f)

"Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required;

 

(g)

"Flexible work schedule" - is the right 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;

SECTION 3. IDENTIFICATION OF SOLO PARENT- A solo parent seeking benefits under this ordinance shall be qualified and identified on the basis of the following: 

(a)

Must fall within the definition of solo parent as provided for in Section 2 of this Ordinance;

 

(b)

Must be a resident of Quezon City, as certified by the barangay captain;

 

(c)

Must have applied for and have been issued a valid Solo Parent Identification Card duly signed by the City Social Welfare Officer and the City Mayor.

The Quezon City Social Services Development Department (SSDD), upon submission of application and proof of residency and a favorable evaluation of a social worker, shall issue a SOLO PARENT IDENTIFICATION CARD within 30 days of filing.

SECTION 4. CRITERIA FOR SUPPORT - Pursuant to Section 4 of Republic Act No. 8972: "Any solo parent whoso income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance.

Provided, however, that any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.¹ "

SECTION 5. ADDITIONAL BENEFITS AND PRIVILEGES.

a. Expansion Comprehensive Package of Social Development 

(1)

The Sikap Buhay Entrepreneurship and Cooperative Office (SBECO) shall provide livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital through its micro-credit program. SBECO shall also assist solo parents; for individuals and organizations that would like to establish their own micro and small business and/or to join existing or to form new cooperatives.

 

(2)

The QC Public Employment Services Office (PESO) shall include solo parents in its priority group for job placement, it shall further ensure that NO SOLO PARENTS SHALL BE DISCRIMINATED in job placement and/or during their employment pursuant to Section 7 of R.A. No. 8972.

 

(3)

The QC Social Services Development Department (SSDD) shall provide for regular counseling services to be conducted by professional and highly - trained counselors which include individual, peer group, or family counselling. The counselling shall focus on, but not limited to, the resolution of personal relationship and role conflicts.

SSDD shall also provide (i) Parent Effectiveness Services which include the provision and expansion at knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children; (ii) Critical incidence Stress Debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse; (iii) Temporary Shelter, counselling, self-concept or ego-building programs, crisis management and spiritual enrichment, for individuals in need of protection; (iv) referral for legal assistance and medical care.

b. Flexible Work Schedule, Work Discrimination and Parental Leave

Flexible Work Schedule

1. The employer shall provide for a flexible work schedule for solo parents: Provided, that the same shall not affect individual and company productivity: Provided further, that any employer granted exemption from the above requirements by the Department of Labor and Employment, (DOLE) on certain meritorious grounds, shall provide a copy to the QC PESO.

In the case of employees in the government service, flexible working hours will be subject to the discretion of the head of the agency.  In no case shall the weekly working hours be reduced in the event the agency adopts the flexible working hours schedule format (flexi-time): In the adoption of flexi-time, the core working hours shall be prescribed taking into consideration the needs of the service.

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.

Parent Leave

In addition to leave privileges under existing laws, parental leave of not more than seven (7) Working days every 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.

b. Conditions for Entitlement of Parental Leave

A solo parent shall be entitled to parental leave provided that

1. He/she has rendered at least one (1) year of service whether continuous or broken at the time of the effectivity of this Ordinance;
   
2. He/She has notified his/her employer of the availment thereof, within a reasonable time
   period; and
   
3. He/She has presented a Sola Parent Identification Card to hit/her employer.

c. Non-conversion of Parental Leave

In the event that the parental leave is not availed of, said leave shall not be convertible to cash unless specifically agreed upon previously. However, if said leave wore denied an employee as a result of non-compliance with the provisions of this ordinance by the employer, the aforementioned leave may be used a basis for the computation of damages.

d. Crediting of Existing Leave

If there is an existing or similar benefit under a company policy, or a collective bargaining agreement or collective negotiation agreement, the same shall be credited as such.  If the same is greater than the seven (7) days provided for in R.A. No. 8972, the greater benefit shall prevail.

Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under R.A. No. 8972 and this ordinance.

e. Educational Benefits

The Quezon City Division of City Schools (QC DCS), the TESDA Quezon City, the Quezon City Polytechnic University (QCPU), and the Scholarship and Youth Development Program (SYDP) shall provide benefit and privileges to the solo parents and their children: 

(a)

Scholarship programs for qualified solo parents and, their children in institutions of basic, tertiary and technical/skills education;

 

 

The SYDP shall allocate at least five per cent (5%) of its total scholarship funds for the scholarships of qualified Solo Parents and their children. Provided, that once the solo parent and/or their child/children have received the scholarship, it shall continue until the scholar completes his/her studies unless the student fails to qualify or maintain the stipulated standards or requirements of the on-going scholarship.

 

(b)

Non-formal education programs appropriate for solo parents and their children.

 

 

The TESDA Quezon City is hereby requested to allocate a portion of its scholarship for the free training and assessment of qualified Solo Parents and their children.

d. Housing Benefits

The Quezon City Housing. Community Development and Human Resettlement Department (HCDHRD) and the Housing and Urban Renewal Authority, Inc. (QC HURA) shall prioritize applicants, end give allocation and/or provide liberal terms of payment for solo parents for their low-cost housing and resettlement programs in accordance with housing and resettlement law provisions pursuant to Section 10 of the R.A. No. 8972.

1. Solo parents who meet the eligibility criteria for housing assistance under R.A. No. 7279 (Urban Development and Housing Act of 1992) and other related rules and regulations of participating housing agencies shall be provided with liberal terms of payment on government low-cost housing projects, in accordance with housing law provisions, prioritizing applicants below the poverty line as declared by the National Statistical Coordination Board (NSCB).
   
2. The Quezon City Housing, Community Development and Human Resettlement Department (HCDHRD) and the Housing and Urban Renewal Authority, inc. (QC HURA) shall make available housing units to solo parents in its housing projects subject to existing disposition policies or may refer them to other housing projects, as appropriate, provided that
   
   
   
   1. The identified solo parent must be eligible for assistance under the provisions of this Ordinance.
      
   2. Solo parents applying for housing benefits must meet the qualification criteria for housing assistance under Republic Act 7279, or the Urban Development and Housing Act (UDHA) and other eligibility criteria under existing policies, rules and regulations; and
      
   3. Eligible solo parents shall file their application for housing unit directly with the concerned offices.
      
   
   
3. Medical Assistance

The Quezon City Health Department shall develop a comprehensive health care program for solo parents and their children.  The program shall be implemented through the Quezon City General Hospital and barangay health centers.

Essential Health Packages - To ensure the stats of well-being of the solo parent and his/her family, healthy/medical services shall be made available at all times, in all levels of health care delivery system as mentioned in the previous paragraph. These health/medical services shall be pad of the regular essential health packages being provided at various stages of life.

The Quezon City Health Department shall provide FREE SERVICES to our Solo Parent and their children, upon presentation of a valid Solo Parent ID issued by the QC SSDD.  Among those service that could be given free, upon the request of the Solo Parent, should include, but not limited to, infant/children Immunization, anti-rabies vaccination, anti-tetanus vaccination, pre-natal, natal, and post-natal care, oral and Injectable contraceptives to acceptors, tubal ligation and Non-Scalped Vasectomy. IUD insertion in the health centers, family planning, responsible parenthood, and safe motherhood counselling in all health centers.

SECTION 6. MONITORING AND EVALUATION OF PROGRAM.

A Solo Parent and their Children Task Force shall be created to aid in the implementation, enforcement and monitoring of this Ordinance as well as to conduct educational awareness campaigns, information dissemination programs, and capacity building programs, that will inform the constituents and train stakeholders.  The Solo Patent and their Children Task Force shall be composed of the following: 

1) City Mayor - Honorary Chairperson 2) City Social Welfare Officer - Chairperson 3) City Councilor (Chairperson of the Committee on Women, Family Relations and Gender Equality - Co-Chairperson 4) City Councilor (Chairperson of the committee on Children's Affairs) - Member 5) QC Public Employment Services Office - Member 6) QC Health Department - Member 7) Technical Education and Skills Development Authority-Quezon City - Member 8) Quezon City Division of City Schools - Member 9) Sikap Buhay Entrepreneurship and Cooperative Office - Member 10) Housing, Community Development and Human Resettlement Department - Member 11) Scholarship and Youth Development Program - Member 12) Representative of a city registered Solo Parent Organization or NGO - Member 13) Representative of a city registered Solo Parent Organization or NGO - Member

The Solo Parent and their Children Task Force shall perform the following additional powers and functions relative to the welfare of solo parents and their families:

a)	Conduct research necessary to: (1) develop a new body of knowledge on solo parents; (2) define executive and legislative measures needed to promote and protect the interest of solo parents and their children; and (3) assess the effectiveness of programs designed for disadvantaged solo parents and their children;
b)	Coordinate the activities of various governmental and nongovernmental organizations engaged in promoting and protecting the interests of solo parents and their children; and
c)	Monitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions are effectively implemented.

SECTION 7. IMPLEMENTING RULES AND REGULATIONS AND COMPLIANCE REPORT - Within six (6) months from the effectivity of this Ordinance, the Solo Parent and their Children Task Force shall issue tho implementing rules, regulations and guidelines for the proper implementation of this Ordinance.

Every year thereafter, the Solo Parent and their Children Task Force shall submit a report to the City Mayor, based on the reports submitted by all concerned department and agencies, on the compliance with this Code.

SECTION 8. GROUNDS FOR TERMINATION OF BENEFITS.

(a)

A solo parent shall manifest to the QC SSDD through its duly-assigned Social Welfare Officer his/her intention to withdraw the availment of the benefits under this Act. The SSDD shall provide the necessary form with regards to the withdrawal end/or termination of the Solo Parent Benefits.

 

(b)

If the solo parent does not voluntarily manifest his/her intention to terminate the provision of benefits and services before the lapse of one year from the issuance of the Solo Parent I.D., the Social Worker, based on a report by the employer or any interested person shall conduct the necessary assessment/ evaluation to ascertain if grounds for termination and withdrawal of benefits exist

 

 

The solo parent shall be informed of the results of the assessment/evaluation and termination of the service, If warranted, through written notice. The termination shall take effect 30 days from the receipt of the notice of termination. In cases when the service cannot be terminated in a period of one month, such as, but not limited to, schooling and medical services, the service(s) shall be completed until its due time.

 

(c)

The Identification Card shall cease to be effective upon the lapse of one year from Issuance, unless renewed based on a new assessment, and evaluation. Failure to renew will mean that he/she has changed his/her status as a solo parent.

 

(d)

The solo parent and his/her children shall undergo psychosocial counselling with the social worker to prepare them for independent living.

 

(e)

Relocation of the Family. In the event a solo parent decides to relocate his/her family, he/she family inform the QC SSDD through its duly assigned Social Welfare Officer. Said office shall thereupon transmit the records to the city/municipal Social Welfare and Development Office of the place of relocation.

SECTION 9. PENAL CLAUSE.

(a)

Any person who abuses the privileges granted herein shall be punished with imprisonment of not less than six months up to one year, or a fine of not less than one thousand pesos (P1,000.00), hut not mare than Five Thousand Pesos (P5,000.00), or both, at the discretion of the court.

 

(b)

If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable therefore.

 

 

Upon filing of an appropriate complaint and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Ordinance.

SECTION 10. APPROPRIATIONS - The amount necessary to carry out the provisions of this Ordinance shall be included in the budget of concerned agencies in the General Fund Budget of the year following the approval of this ordinance and every year thereafter.

SECTION 11. REPEALING CLAUSE - All Ordinances, Resolutions, Executive Orders, Rules and Regulations and other Administrative issuances, or the provisions thereof, which are contrary to, or inconsistent herewith are hereby repealed, or modified accordingly.

SECTION 12. SEPARABILITY CLAUSE - If any provision of this Ordinance is held invalid or unconstitutional other provisions not affected thereby shall continue to he in full fares and effect.

SECTION 13. EFFECTIVITY CLAUSE - This Ordinance shell take effect immediately upon its approval.

ENACTED: November 24, 2014.


ATTESTED:

(Sgd.) ATTY. JOHN THOMAS S. ALFEROS III
               City Gov't Asst. Dept. Head III



CERTIFICATION
This is to certify that this Ordinance was APPROVED by the City Council on Second Reading on November 24, 2014 and we PASSED on Third/Final Reading on December 1, 2014.