Republic Act No.

10165: AN ACT TO STRENGTHEN AND

PROPAGATE FOSTER CARE AND TO PROVIDE FUNDS Article IV. How to be a foster parent?
THEREFOR 1. Recruitment and Development of Foster Parents
Article I. General Provisions 2. Submission of Home Study Report
•
Mandates and Legal Bases 3. Issuance of License
o
Article XV of the 1987 Philippine 4. Matching
Constitution 5. Placement
o
Article 3 of Presidential Decree No. 603 6. Supervision of Foster Placement
o
Article 20 of the United Nations Convention 7. Termination of Placement
on the Rights of the Child
Article V. Is there a limit to the duration of rendering foster
What is foster care? care?
• Provision of planned temporary substitute parental • Long-Term Foster Placement Authority
care to a child by a foster parent or a foster family • Long-Term Foster Care Commitment

Article II. Eligibility Article VI. Can a foster parent adopt his/her foster child?
Who may be placed under Foster Care? Conditions:
• A child who is abandoned, surrendered, neglected, • Foster parent must possess the qualifications as
dependent or orphaned; provided by RA 8552 or RA 8043
• A child who is a victim of sexual, physical, or any • Trial custody
other form of abuse or exploitation; • Procedures for adoption
• A child with special needs;
• A child whose family members are temporarily or Medina v. Makabali
permanently unable or unwilling to provide the child • Rights and duties of biological parents and foster
with adequate care; parents over a child
• A child awaiting adoptive placement and who would • Petitioner Medina gave birth to Joseph Casero in
have to be prepared for family life; Makabali Clinic, owned and operated by respondent
• A child who needs long-term care and close family Dra. Venancia Makabali
ties but who cannot be placed for domestic adoption; • Petitioner abandoned the child and left him with Dra.
• A child whose adoption has been disrupted; Makabali from his birth
• A child who is under socially difficult circumstances • Court said that it was for the paramount interest of
such as, but not limited to, a street child, a child in the child to be left with his foster mother
armed conflict or a victim of child labor or trafficking;
• A child who committed a minor offense but is Article VII. Local Government Units
released on recognizance, or who is in custody • Role
supervision or whose case is dismissed; and • Funding
• A child who is in need of special protection as • Seminars and Trainings
assessed by a social worker, an agency or the DSWD

Article VIII. Assistance and Incentives
Who may be a Foster Parent? • Assistance to a Foster Child
• Must be of legal age; o Foster Child Subsidy
• Must be at least 16 years older than the child unless o Health Insurance
the foster parent is a relative; • Assistance and Incentives to a Foster Parent
• Must have a genuine interest, capacity and o Support Care Services
commitment in parenting and is able to provide a o Additional Exemption for Dependents
familial atmosphere for the child; • Incentives to Agencies
• Must have a healthy and harmonious relationship o Exemption from Income Tax
with each family member living with him or her; o Qualification as a Donee Institution
• Must be of good moral character; • Incentives to Donors
• Must be physically and mentally capable and o Allowable Deductions
emotionally mature; o Exemption from Donor’s Tax
• Must have sufficient resources to be able to provide
for the family’s needs; Article IX. Penalties
• Must be willing to further hone or be trained on • Foster Parent/s
knowledge, attitudes and skills in caring for a child; • Agency
and • Any person, natural or juridical, other than the foster
• Must not already have the maximum number of parent or any agency
children under his foster care at the time of • Offender is a public official
application or award, as may be provided in the
implementing rules and regulations (IRR) of this Act. Article X. Final Provisions

• Foster Care Committee

Article III. Parental Authority of Foster Parents • Appropriation
• Substitute parental authority as provided under the • Implementing Rules and Regulations
Family Code • Suppletory Clause
• Prohibits infliction of corporal punishment of the child • Repealing Clause

  (◕‿◕✿) | 1
 • Separability Clause
• Effectivity
GUARDIANSHIP
Guardian
• A guardianship is a trust relation of the most sacred
character in which one person, called a “guardian”,
acts for another, called the “ward”, whom the law
regards as incapable of managing his own affairs.
Rule on Guardianship of Minors (A.M. No. 03-02-05 SC)
• Any relatives or other person on behalf of a minor, or
the minor himself if fourteen years of age or over,
may petition the Family Court for the appointment of
a general guardian over the person or property, or
both, of such minor.
Filing the Petition
• Family Court of the Province or city where the minor
actually resides.
• If the minor resides in a foreign country, the petition
shall be filed with the Family Court of the province or
city where his property or any part thereof is situated.
Grounds for Filing Petition
• Death, continued absence, or incapacity of his
parents
• Suspension, deprivation or termination of parental
authority
• Remarriage of his surviving parent, if the latter is
found unsuitable to exercise parental authority; or
• When the best interests of the minor so require.
Qualifications
• Moral character
• Physical, mental and psychological condition
• Financial status
• Relationship of trust with the minor
• Ability to manage property of the minor
Contents of a Petition
• Jurisdictional Facts
• Name, age and residence of the prospective ward
• Ground rendering the appointment necessary or
convenient
• The death of the parents of the minor or the
termination, deprivation or suspension of their
parental authority
• The remarriage of the minor’s surviving parent
• The names, ages, and residences of relatives within
the 4th civil degree of the minor, and or persons
having him in their care and custody
• The probable value, character and location of the
property of the minor and
• The name, age and residence of the person for whom
letters of guardianship are prayed.
Appointment of Guardian of Property
• Final and executory judgment
Bond of Guardian
• Inventory
• Faithfully execute the duties of his trust
• A true and just account
 
• If the market value of the property of the annual
income of the child exceeds P50, 000 (in no case,
less than 10%)
Power and Duty of the Court
• Request the assistance of one or more
commissioners
• Authorize reimbursements to the guardian
• Require any person suspected of having embezzled,
concealed, or disposed of any money, goods or
interest, to appear for examination concerning any
thereof and issue such orders as would secure the
property against embezzlement etc
Petition to Sell or Encumber Property
• When the income of the property under guardianship
is insufficient to maintain and educate the ward, the
guardian may file a petition authorizing the sale or
encumbrance of the property.
Grounds for Removal
• Insanity
• Incapable of discharging his trust or unsuitable
• Wasted/ mismanaged the property of the ward
• Failed to render an account or make a return for 30
days after it is due
• The court may, upon reasonable notice to the
guardian, remove him as such and require him to
surrender the property of the ward to the person
found to be lawfully entitled thereto.
• Court may also allow resignation of the guardian
• No motion for removal or resignation shall be granted
unless the guardian has submitted the proper
accounting of the property of the warden the court
has approved the same
• Guardianship may also be terminated when the ward
has come of age or has died.
Final and Executory Judgment
• Final and executory judgment or order: Local Civil
Registrar of the municipality or city where the minor
resides and the Register of Deeds of the province or
city where his property is situated.
• Both LCR and RD shall enter the final and executory
judgment or order in the appropriate book in their
offices
REPUBLIC ACT NO. 8972: AN ACT PROVIDING FOR
BENEFITS AND PRIVILEGES TO SOLO PARENTS AND
THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines Congress assembled:
xxx
Section 3. Definition of Terms. - Whenever used in this Act,
the following terms shall mean as follows:
(a) “Solo parent” - 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
 (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;
(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 one
(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 one (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.
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.
(b) “Children” - refer to those living with and dependent
upon the solo parent for support 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.
(c) “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.”
(d) “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.
(e) “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 4. Criteria for Support. - Any solo parent whose
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.
Section 5. Comprehensive Package of Social Development
and Welfare Services. - A comprehensive package of social
development and welfare services for solo parents and their
families will be developed by the DSWD, DOH, DECS, CHED,
TESDA, DOLE, NHA and DILG, in coordination with local
government units and a nongovernmental organization with
proven track record in providing services for solo parents.
The DSWD shall coordinate with concerned agencies the
implementation of the comprehensive package of social
development and welfare services for solo parents and their
families. The package will initially include:
(a) Livelihood development services which include
trainings on livelihood skills, basic business
management, value orientation and the provision of
seed capital or job placement.
(b) Counseling services which include individual, peer
group or family counseling. This will focus on the
resolution of personal relationship and role conflicts.
(c) Parent effectiveness services which include the
provision and expansion of knowledge and skills of
the solo parent on early childhood development,
behavior management, health care, rights and duties
of parents and children.
(d) Critical incidence stress debriefing which includes
preventive stress management strategy designed to
assist solo parents in coping with crisis situations and
cases of abuse.
(e) Special projects for individuals in need of protection
which include temporary shelter, counseling, legal
assistance, medical care, self-concept or ego-
building, crisis management and spiritual enrichment.
Section 6. Flexible Work Schedule. - The employer 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 7. 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 8. 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 9. Educational Benefits. - The DECS, CHED and
TESDA shall provide the following benefits and privileges:
(1) Scholarship programs for qualified solo parents and
their children in institutions of basic, tertiary and
technical/skills education; and
(2) Nonformal education programs appropriate for solo
parents and their children.
The DECS, CHED and TESDA shall promulgate rules and
regulations for the proper implementation of this program.
Section 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
(◕‿◕✿) | 3
projects in accordance with housing law provisions prioritizing
applicants below the poverty line as declared by the NEDA.
Section 11. Medical Assistance. - The DOH shall develop a
comprehensive health care program for solo parents and their
children. The program shall be implemented by the DOH
through their retained hospitals and medical centers and the
local government units (LGUs) through their
provincial/district/city/municipal hospitals and rural health
units (RHUs).
Section 12. Additional Powers and Functions of the DSWD. —
The DSWD 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;
A change in the status or circumstances of the
(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.
xxx
Solo Parent’s Welfare Act and Parental Leave:
FREQUENTLY ASKED QUESTIONS
WHAT IS THE SOLO PARENT’S WELFARE ACT?
• RA 8972 or the Solo Parent’s Welfare Act provides
for benefits and privileges to solo parents and their
children. It aims to develop a comprehensive
package of social development and welfare services
for solo parents and their children to be carried out
by the Department of Social Welfare and
Development (DSWD), as the lead agency, various
government agencies including NSO and other
related NGOs.
WHEN DID RA 8972 TAKE EFFECT?
• RA 8972 was signed into law on November 7, 2000
and took effect on November 28, 2000. Its
implementing rules and regulations (IRR) was
approved in April 2002.
WHO ARE CONSIDERED AS SOLO PARENTS?
A solo parent is 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 the following circumstances:
• Due to death of spouse.
• Spouse is detained or is serving sentence for a
criminal conviction for at least one (1) year.
• Physical and/or mental incapacity of spouse as
certified by a public medical practitioner.
 
• Legal separation or de facto separation from
spouse for at least one (1) year, as long as
he/she is entrusted with the custody of the
children.
• 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.
3. 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.
4. Any other person who solely provides parental care
and support to a child or children.
5. 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.
WHAT ARE THE CONDITIONS FOR THE TERMINATION OF
THE PRIVILEGES OF A SOLO PARENT?
•
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
benefits such as change in the status with marriage,
the concerned parent is no longer left alone with the
responsibility of parenthood, etc.
WHAT IS THE PACKAGE OF SERVICES FOR SOLO
PARENTS?
• The comprehensive package of programs/services
for solo parents includes livelihood, self-employment
and skills development, employment-related benefits,
psychosocial, educational, health and housing
services.
WHAT ARE THE CRITERIA FOR SUPPORT?
• Any solo parent whose 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. A
Solo Parent can directly inquire from the following
agencies to avail of their services:
1. Health Services (DOH)
2. Educational Services (CHED, TESDA)
3. Housing (NHA)
4. Parental Leave (Employer, DOLE, CSC)
Solo parent whose income is above the
poverty threshold shall enjoy only such
limited benefits as flexible work
schedule, parental leave and others to
be determined by the DSWD.
WHAT IS PARENTAL LEAVE?
• Parental Leave refers to leave benefits granted to a
solo parent to enable said parent to perform parental
duties and responsibilities where physical presence is
required as provided under Civil Service Commission
(CSC) Memorandum Circular No. 08, series 2004.
CAN A SOLO PARENT APPLY FOR PARENTAL LEAVE FOR
ANY CHILD?
(◕‿◕✿) | 4
 • Yes, as long as the child is living with him/her,
dependent for support, unmarried, unemployed and
below eighteen (18) years old, or eighteen (18) years
old and above but is incapable of self-support and/or
with physical/mental defect/disability.
WHAT ARE THE CONDITIONS FOR GRANTING PARENTAL
LEAVE TO SOLO PARENTS?
The parental leave of seven (7) days shall be granted to any
Solo Parent employee subject to the following conditions:
1. The solo parent must have rendered government
service for a least one (1) year, whether continuous or
broken, reckoned at the time of the effectivity of the
law on September 22, 2002, regardless of the
employment status.
2. The parental leave shall be availed of every year and
shall not be convertible to cash. If not availed within
the calendar year, said privilege shall be forfeited
within the same year.
3. The parental leave shall be availed of on a continuous
or staggered basis, subject to the approval of the
Administrator/Head of Office. In this regard, the solo
parent shall submit the application for parental leave
at least one (1) week prior to availing the solo parent
leave, except on emergency cases.
THE SOLO PARENT EMPLOYEE MAY AVAIL OF PARENTAL
LEAVE UNDER ANY OF THE FOLLOWING
CIRCUMSTANCES:
• Attend to personal milestones of a child such as
birthday, communion, graduation and other similar
events;
• Perform parental obligations such as enrollment and
attendance in school programs, PTA meetings and
the like;
• Attend to medical, social, spiritual and recreational
needs of the child;
• Other similar circumstances necessary in the
performance of parental duties and responsibilities,
where physical presence of the parent is required.
• The head of agency/office concerned may determine
whether granting of parental leave is proper or may
conduct the necessary investigation to ascertain if
grounds for termination and withdrawal of the
privilege exist.
fourth year high school using “life-skills and other
approaches.”
• The bill also mandates the Department of Labor and
Employment to guarantee the reproductive health
rights of its female employees. Companies with less
than 200 workers are required to enter into
partnership with health care providers in their area for
the delivery of reproductive health services.
• Employers with more than 200 employees shall
provide reproductive health services to all employees
in their own respective health facilities. Those with
less than 200 workers shall enter into partnerships
with health professionals for the delivery of
reproductive health services. Employers shall inform
employees of the availability of family planning
services. They are also obliged to monitor pregnant
working employees among their workforce and
ensure they are provided paid half-day prenatal
medical leaves for each month of the pregnancy
period that they are employed.
• The national government and local governments will
ensure the availability of reproductive health care
services, including family planning and prenatal care.
• Any person or public official who prohibits or restricts
the delivery of legal and medically safe reproductive
health care services will be meted penalty by
imprisonment or a fine.

RH LAW
Summary of Major Provisions
• The bill mandates the government to “promote,
without bias, all effective natural and modern
methods of family planning that are medically safe
and legal.”
• Although abortion is recognized as illegal and
punishable by law, the bill states that “the
government shall ensure that all women needing care
for post-abortion complications shall be treated and
counseled in a humane, non-judgmental and
compassionate manner.
• “The bill calls for a “multi-dimensional approach”
integrates a component of family planning and
responsible parenthood into all government anti-
poverty programs.
• Under the bill, age-appropriate reproductive health
and sexuality education is required from grade five to

  (◕‿◕✿) | 5