[ VALENZUELA CITY ORDINANCE NO. 147 SERIES OF 2014, August 11, 2014 ]

SANGGUNBANG PANLUNGSOD

** Excerpts from the minutes of the 48th Regular Session of the 6th City Council of Valenzuela held on August 11, 2014 at 3:00 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building, Valenzuela City Hall, Karuhatan, Valenzuela City, Metro Manila

AN ORDINANCE ADOPTING AND/OR LOCALIZING THE IMPLEMENTATION OF REPUBLIC ACT NO. 8972, KNOWN AS THE SOLO PARENT ACT OF 2000, INSTITUTIONALIZING THE PROGRAMS, SERVICES, PRIVILEGES AND BENEFITS FOR SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES.




Authored by Councilor JENNIFER PINGREE-ESPLANA


WHEREAS,
under R.A. No. 8972 otherwise known as-the Solo Parent Act, it is a declared policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children;

WHEREAS, R.A. No. 7160 otherwise known as the Local Government Code of 1991, specifically Section 458 (a) provides that "The Sangguniang Panglungsod, 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 pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code xxx xxx xxx."

WHEREAS, the same Code mandates each Local Government Units, through their respective Sanggunian, to approve Ordinances to provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; and subject to availability of funds, establish and provide for the operation of centers and facilities for the said needy and disadvantaged persons;

NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in a session assembled:

ARTICLE 1 - TITLE. - This Ordinance shall be known as the "SOLO PARENT WELFARE ORDINANCE OF VALENZUELA"

ARTICLE 2 - DEFINITION OF TERMS: For the purpose of this Ordinance and pursuant to Republic Act No. 8972, the following terms shall mean:

  (a)
SOLO PARENT - refers to unmarried, separated, annulled, widower and widowed individual and person falling under the enumeration provided under Section 3 (a), R.A. No. 8972 and its implementing Rules and Regulations, who has taken the sole responsibility of parenthood, including women who became pregnant due to sexual abuse and those whose spouses are detained or are physically or mentally incapacitated;
   
  (b)
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 CSWDO and or DSWD;
   
  (c)
CHILD - 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:
   
  (d)
PARENTAL RESPONSIBILITY - with respect to their minor child 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".
   
  (e)
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;
   
  (f)
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;
   
  (g)
CSWDO - refers to the City Social Welfare and Development Office of the City Government of Valenzuela.
   
  (h)
DSWD - refers to the Department of Social Welfare and Development Office;

ARTICLE 3 - INCORPORATION CLAUSE - Notwithstanding that the mandate under Republic Act No. 8972 is unto the national government, its agencies and instrumentalities, by this Ordinance, the City of Valenzuela formally imposes upon itself the obligation to augment the support provided to solo parents and their children, including among others, the welfare services, special privileges and benefits that the law has enumerated. Accordingly, the pertinent provisions of Republic Act No. 8972 are hereby considered written in this ordinance.

ARTICLE 4 - REGISTRATION AND AVAILMENT OF BENEFITS

SECTION 1. REGISTRATION -The City Government of Valenzuela, through the CSWD shall undertake a city-wide registration of all the solo parents and their children in the thirty three (33) barangays of the city for purposes of obtaining, among others, information on their names, ages, addresses, income including the source thereof, number of children per solo parent and the circumstances of being solo.

SECTION 2. ISSUANCE OF ID - The CSWD 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 on the entitlement to the benefits under this ordinance and of R.A. No. 8972.

SECTION 3. 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 and this Ordinance;

SECTION 4. 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 city.

ARTICLE 5 - 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:

  (a)
Tertiary Scholarship Assistance - Subject to compliance with the requirements set under Ordinance No. 95-012, Series of 1992 (Pio Valenzuela Scholarhip), at least ten (10%) percent of every batch of incoming scholars shall come from the ranks of the children of indigent solo parents;
   
  (b)
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 the SPED (Special Education) Program;
   
  (c)
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 (50%) percent of the prescribed amount but the remaining half shall nonetheless be paid in the manner set by applicable city ordinance, regulation or policy;
   
  (d)
Death or Burial Assistance - An indigent solo parent and his/ her child shall be entitled to a death benefit or burial assistance of Three Thousand Pesos (Php 3,000.00), without prejudice to increasing the same at the Mayor's discretion when the city's budget so permits;
   
  (e)
Medical Assistance - An indigent solo parent or his/her child shall be prioritized in all the medical assistance programs of the City Government;
   
  (f)
Livelihood Assistance - Solo parents shall have 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;
   
  (g)
Employment Assistance - Solo parents shall have priority in the employment programs of the City Government subject to job matching based on qualifications and experience;
   
  (h)
Other services, privileges and benefits that the city is currently giving or may subsequently offer.

ARTICLE 6 - CREATION OF THE SOLO PARENT DESK AND SOLO PARENT ORGANIZATION.

SECTION 5. SOLO PARENTS' DESK - A Solo Parent Desk is hereby created which shall be under the direct supervision of the City Social Welfare and Development Office which shall have the following functions:

  (a)
Develop a comprehensive social development and welfare program for solo parents and their children which shall include those herein listed;
   
  (b)
Coordinate and work with appropriate offices and agencies of the government in providing such welfare services, privileges and benefits to the intended beneficiaries;
   
  (c)
Assist in the organizational matters of the solo parents organization/ federation in coordination with the Committee on Women and Family of the Sangguniang Panlungsod;
   
  (d)
Exercise such other powers and perform such other duties and functions as may be assigned by the mayor or as may be prescribed by law or ordinance;

SECTION 6. RIGHT TO ORGANIZE - The City hereby encourages and gives its full support to the solo parents' right to organize themselves for purposes beneficial to its members. The Solo Parents Organization/ Federation shall assist the city in the effective formulation and implementation of its program of services.

SECTION 7. BARANGAY SOLO PARENT PROGRAM - All thirty three (33) barangay of this City shall establish their respective Solo Parent Program and to provide necessary funds thereto by including it in their respective barangay annual budget.

SECTION 8. IMPLEMENTING RULES AND REGULATIONS. - An implementing body, composed of the City Legal Officer as chairman and the City Social Welfare and Development Officer, a representative of the City Mayor's Office, the President of the Solo Parents Federation and the Chairman of the Committee on Women, Family and Children as members, is hereby constituted to promulgate rules and regulations to effectively carry out the purposes of this ordinance, subject to the approval of the City Mayor. But notwithstanding the absence of implementing rules and regulations, this Ordinance shall be considered self-executory.

SECTION 9. 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 subjected to criminal prosecution under the pertinent provision of the Revised Penal Code and shall be a ground for the automatic cancellation of the said ID and all services, benefits and privileges thereof.

SECTION 10. 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 11. SEPARABILITY CLAUSE. - In the event that any part or provision of this Ordinance shall be held invalid, the other parts of provision hereto which are not affected thereby shall continue to be in full force and effect.

SECTION 12. EFFECTIVITY - This Ordinance shall take effect upon publication in at least two (2) newspaper of general circulation.

ENACTED.
AUGUST 11, 2014.
VALENZUELA CITY, METROPOLITAN MANILA.


(Sgd.) HON. ANTONIO R. ESPIRITU
Councilor
Majority Floor Leader
(Sgd.) HON. ROSALIE ESTEBAN-CAYCO
Councilor
Minority Floor Leader
   
   
(Sgd.) HON. MARCELINO G. MORELOS
Councilor
(Sgd.) HON. LORENA NATIVIDAD-BORJA
Councilor
Asst. Majority Floor Leader
   
   
(Sgd.) HON. ROVIN ANDREW M. FELICIANO
Councilor
(Sgd.) HON. LAILANIE P. NOLASCO
Councilor
   
   
HON. CORAZON A. CORTEZ
Councilor
(Sgd.) HON. KIMBERLY ANN D.V. GALANG
Councilor
   
   
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO
(Sgd.) HON. CRISSHA M. PINEDA
   
   
(Sgd.) HON. JENNIFER PINGREE-ESPLANA
Councilor
(Sgd.) HON. KRISTIAN ROME T. SY
Councilor
   
   
(Sgd.) HON. RAMON L. ENCARNACION
Councilor
(President League of Barangays)
 
  ATTESTED:
   
 
(Sgd.) FLAVIO C. DIAZ
Secretary
   
   
CERTIFIED CORRECT:
 
 
(Sgd.) HON. ERIC M. MARTINEZ
Presiding Officer
City Vice Mayor
 
 
APPROVED:
 
 
(Sgd.) HON. REXLON T. GATCHALIAN
City Mayor
Date Signed: _______________