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RA No. 11861 - Expanded Solo Parents Welfare Act
RA No. 11861 - Expanded Solo Parents Welfare Act
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H. No. 8097
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SEC. 2 . Section 2 of Republic Act No. 8972 is amended definitiOn shall only apply for purposes of availing
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to read as follows: the benefits under this Act;
“SEC. 2. Declaration of Policy. - It is the policy (c) Flexible work schedule refers to a work
of the State to promote a just and dynamic social arrangement granted to a solo parent employee to
order that ensures the prosperi ty and independence vary the arrival and departure time in the workplace
o f the nation and free the p e o p l e from poverty without affecting the core work hours as defined by
t h r o u g h p o l i c i e s t h a t p r o v i d e a d e q u a t e social the employer; 3
services, promotefull employm ent, a rising standard
of hvmg and an improve d quality of life. The State ((1) Parental care and support refer to the acts
shall also promote social justice in all phases of of providing for the basic needs health care, mental
natlonal develop ment, value the, dignity of every and physical safety, emotional éiipport and formation
human person and guarantee full respect for human ' of the personality of the child;
rights. Towards these ends, the governm ent shall:
(e) Parental leave refers to l e a v e benefits
(a) Support the natural and primary rights and granted to a solo parent to enable the performance
duty of solo parents in rearing their children by of parental duties and responsibilities where physical
prov1ding for their basic needs, and extendin g to presence is required or beneficial to the child; and
t h e m assistanc e in, social services a n d welfare
benefits, With the end in View of uplifting their status (f) Spouse refers to a husband or wife by virtue
and circumsta nces; and of a valid marriage or a partner in a common-law
relationship as defined under Article 147 of Executive
_ (b) Adhere to internatio nal agreemen ts and Order No. 209, otherwise known as ‘The Family Code
national laws on families.” of the Philippines’.” 6
SEC. 3. Section 3 of Republic Act No. 8972 is amended SEC. 4. Section 4 of. .Republic
. . Act No. 8972 is hereby
to read as follows: repealed and a new provrsion is inserted to read a s follows:
A t “SEC. 3. Definition of Terms — As used in this “SEC. 4 . Categories of Solo Parent. — A solo
c : parent refers to any individual who falls under any
of the following categories:
(a) Child minding center refers to a facility or
area Within the workplace or in accessible locations . (a) A parent who provides sole parental care
to the solo parent or workplace of the guardian and support of the child or children due to —
prov1ded by the employer where the children of a solo
parent employee aged seven (7) years old and below (1) Birth as a consequence of rape, even without
are habitually received for purposes of care a n d final conviction: Provided, That the mother has the
supervision during working hours; sole parental care and support of the child or
children: Provided, further, That the solo p a r e n t
(b) Children or dependents refer to those living under this category may still be considered a solo
with and dependent upon the solo parent for support parent under any of the categories in this section;
who are unmarried, unemployed and twenty-two (22)
years old or below, or those over twenty-two (22) (2) Death of the spouse;
years old but who are unable to fully take care or
protect themselves from abuse, neglect, cruelty, (3) Detention of the spouse for at least three
exploitation, or discrimination because of a physical (3) months or service of sentence for a criminal
or mental disability or condition: Provided, That this conv1ction;
(4) Physical or mental incapacity of the spouse or discrimination because of a physical or mental
as certified by a public or private medical disability or condition , they shall be entitled to the
practltloner; benefits of this Act in addition to the benefits granted
to them by Republic Act No. 9257, otherwise known
(5) Legal separation or de facto separation for as the ‘Expanded Senior Citizens Act of 2003’; or
at least Six (6) months, and the solo p a r e n t i s
entrusted With the sole parental care and support of (f) A p r e g n a n t w o m a n who provides sole
the child or children; parental care and support to her unborn child or
children.”
(6) Declaration of nullity o r annulment of
marriage, as decreed by a court recognized by law, SEC. 5. Section 5 of Republic Act No. 89,12 is amended
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a
(d)
Student Financial Assistance System for Tertiary
(e) Targeted interventions for individuals in Education (UniFAST) Act’, Republic Act No. 10931,
need of protection which include temporary shelter, otherwise known as the ‘Universal Access to
counseling, legal advice and assistance, medical care, Quality Tertiary Education Act’, and other laws
self-concept or ego-building, crisis management and relating to education programs of the government.
spiritual nourishment.” Non-formal education programs appropriate _for solo g:
the solo parents and their children are residing, this section shall violate the provision s of Republic ,
U.
subject to the guidelines of the DSWD. The LGUs Act No. 10028, otherwis e known as the ‘Expand ed
s h a l l e n s u r e t h a t t h e b u d g e t for s o c i a l s a f e t y Breastfee ding Promotio n Act of 2 0 0 9 ;
“_e . . .
iadscsfite’i’nce i s i n c l u d e d i n t h e calamity funds o f
5. (c) Automati c coverage u n d e r t h e National
Health Insurance Program (NHIP) being
S E C . 1 2 . A new section to b e denominated a s Section 15 adminis tered b y the PhilHea lth with p r e m i u m
of the same Act is hereby a d d e d to read as follows: contributions to be paid by the National G vemment :
Provided , That the premium contribu ti n of solo
“SEC. 15. Additional Benefits. — A solo parent p a r e n t s in the formal economy shall be shared
shall be entitled to the following additional benefits: equally by their employers and the National
Govern ment; ““i
(a) Means-, pension-, and subsidy-tested monthly
cash subsidy of One thousand pesos (P1,000.00) per (d) Prioritization of solo parents, particularly solo
month p e r solo parent who i s earning a minimum mothers in re-enteri ng the work force, and their
wage and below, to be allocated by the concerned city children as applicable, in apprenticeships,
scholarships, livelihood training, reintegration
or municipal government in accordance with Section
17(b)(2)(iv) of the Local Government C ode : Provided, program s for OFWs, employm ent informat ion and
That for fifth (5th) class municipalities and lower, a s matchin g services , and other poverty alleViat ion
well a s the five hundred (500) municipalities with programs of the TESDA, DTI, CHED, DepEd, DOLE,
the highest poverty incidence based on the latest BMW and other related governme nt agenCies, subject
municipal-level small area poverty estimates, cash to the standard eligibility and qualifica tions; and
subsidy allocations may b e taken from the Gender
and Development '(GAD) budget and the amount of (e) Prioritiz ation and allocatio n in housmg
cash subsidy per recipient may be dependent on the projects with liberal terms of payment on governm ent
amount of the GAD budget: Provided, further, That low-cost housing projects in accordance With housmg
the solo parent under this section i s not a recipient law provision s prioritizi ng applican ts'below poverty
of any other cash assistance or subsidy from any line as deClared by the Philippine Statistics Authority
other government programs: Provided, finally, That (PSA).
a beneficiary who is also a senior citizen or a person
with disability (PWD) may continue receiving senior
To avail of the additiona l benefits under this
c i t i z e n o r PWD benefits w i t h o u t forfeiting the section, the solo parent shall present a Solo Parent
Identification Card (SPIC): Provided, That in
benefits under this Act;
availing the additional benefits under paragraph (2)
(b) A t e n p e r c e n t (10%) d i s c o u n t a n d of this section, the solo parent booklet shall also be
exemption from the value-added tax (VAT) on baby’s presented.”
m i l k , food a n d micronutrient supplements, and
sanitary diapers purchased, duly prescribed SEC. 1 3 . A new section to b e denomina ted as Section 16
medicines, vaccines, and other medical supplements of the same Act is hereby added to read a s follows:
purchased from the birth of the child or children
until six (6) years of age of a solo parent who is “SEC. 16. Limitati on and Termina tion of the
Benefits of (1 Solo Parent. — Only a solo parent
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the Philippines: Provided, further, That the absence The S P O or SPD ,shall:
of a valid and legal marriage between the mother
a n d father of a child o r d e p e n d e n t d o e s n o t (a) Plan, implement, and monitor yearly work
automatically entitle either individual to the benefits programs in pursuance of the objectives of this Act;
u n d e r t h i s A c t i f the f a c t u a l c i r c u m s t a n c e s
demonstrate that parental care and support are (b) Draw up a list of available and required
shared. services from the solo parents;
When a solo parent, as defined under this Act, (c) Maintain and regularly u p d a t e , o n a
ceases to be such by reason of change of status and quarterly basis, the list of solo parents and issue fi'ee
circumstances, the said solo parent shall be ineligible SPIC; «k
to avail of the benefits under this Act.”
(d) ISSue free booklets to solo parents;
SEC. 14. A new section to be denominated as Section 17
of the same Act is hereby added to read as follows: (e) Serve as a general information and liaison
center for solo parents;
“SEC. 17. The Solo Parents Office o r Division.
— There shall be established a Solo Parent Office (f) Monitor complian ce with the provision s of
(SPO) in every province and city and a Solo Parent this Act, particularl y the grant of priv11eges and
Division (SPD) under the Municipal Social Welfare additional benefits;
and Development Office in every municipality.
(g) Report to the governor, mayor or'ofl'ice of
The head of the SPO must be a licensed social the social welfare, any individual, establishm ent,
worker and the head of the SPD must possess a business entity, institution or agency that Violates
bachelor’s degree. any provision of this Act;
The heads of the SPO a n d SPD shall hold (b) A s s i s t the solo p a r e n t s in filing the
permanent positions with at least a Salary Grade 12 complaints against any individual, establishm ent,
a n d Salary Grade 10, respectively, and shall b e business entity, institution or agency that refuses or
figpointed by the governor or mayor, as the case may fails to provide the privileges and additional benefits
of solo parents granted under this Act; and
4' .
The SPO shall have at least three (3) staff , (i) Provide such other services a s may "be
members while the SPD shall have at least one (1) required under this Act.”
staff member.
SEC. 15. A new section to be denominated as Section 18
The offices of the governor, mayor or social of the same Act is hereby added to read as follows:
welfare office, as the case may b e , shall exercise
supervision over the SPO or SPD relative to their “SEC. 18. Recording and Maintaining _a Solo
plans, programs and activities. The SP0 or SPD Parents Database. — The DSWD, in coordinati on
shall establish linkages and work together with with the D I L G , shall establish a n d maintain a
accredited civil society a n d n o n g o v e r n m e n t a l centralized database of all solo parents who have
organizations, political organizations, and the been issued SPIC or booklets by the SPOs and SPDs
barangays in their respective areas. To this end, the LGUs shall submit the list of solo
parents receiving benefits under this Act to the
DSWD o n a quarterly basis.
12 13
I n cases of multiple entries or other badges of (1) Birth certificate/s of the child or children;
fraud, the DSWD shall notify the concerned LGU for
its appropriate action.” (2) Marriage certificate;
SEC. 16. A new section to be denominated as Section 19 (3) Certificate of detention or a certification that
of the same Act is hereby added to read as follows: the spouse is serving sentence for at least three (3)
months issued by the law enforcement agency having
“SEC. 19. Documentary Requirements. — For actual custody of the detained spouse, or cbmmitment
purposes of registration and issuance of SPIC and order issued by the court pursuant to a conviction
booklet, the solo parent shall submit authenticated of the spouse; and
as
or certified true copies of the following documents to
the SPO or SPD Where the solo parent resides: (4) Sworn affidavit declaring that the solo parent
is not cohabiting with a partner or co-parent, and
(a) For the solo parent with child or children has sole parental care and support of the child or
a s a c o n s e q u e n c e of rape falling u n d e r Section children: Provided, That for purposes of issuance of
4(a)(1) of this Act: subsequent SPIC or booklet, requirement numbers
(3) and (4) under this paragraph shall be submitted
(1) Birth certificate/s of the child or children; every year.
(2) Complaint aflidavit; ((1) For the solo parent on account of physical
or mental incapacity of the spouse falling under
(3) Medical record on the incident of rape; and Section 4(a)(4) of this Act:
(4) Sworn affidavit declaring that the solo parent (1) Birth certificate/s of the“ child or children;
has the sole parental care and support of the child
or children at the time of the execution of afiidavit: (2) M a r r i a g e certificate o r affidavit of
Provided, That for purposes of issuance of cohabitation;
subsequent SPIC or booklet, only the sworn affidavit
shall be submitted every year. (3) M e d i c a l r e c o r d o r m e d i c a l a b s t r a c t
evidencing the physical or mental state of the
(b) For the solo parent on account of the death incapacitated spouse issued not more than three (3)
of the spouse falling under Section 4(a)(2) of this Act: months before the submission; and
(1) Birth certificate/s of the child or children; (4) Sworn afiidavit declaring that the solo parent
is not cohabiting with a partner or co-parent, and
(2) Marriage certificate; has sole parental care and support of the child or
children: Provided, That for purposes of issuance of
(3) Death certificate of the spouse; and subsequent SPIC or booklet, requirementnumbers
(3) and (4) under this paragraph shall be submitted
(4) Sworn aifidavit declaring that the solo parent every year.
is not cohabiting with a partner or co-parent, and
has the sole parental care and support of the child (e) For the solo fparent on account of legal or
or children: Provided, That for purposes of issuance de facto separation o spouse falling under Section
of subsequent SPIC or booklet, only the sworn 4(a)(5) of this Act:
affidavit shall be submitted every year.
(1) Birth certificate/s of the child or children;
(c) For the solo p a r e n t o n a c c o u n t of the
detention or criminal conviction of the spouse falling (2) Marriage certificate;
under Section 4(a)(3) of this Act:
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(3) Judicial decree of legal separatio n of the or children: Provided, That for purposes of issuance
spouses or, in the case of de facto separatio n, an of s u b s e q u e n t S P I C or booklet, only the s w o r n
affidavit of two (2) disinterested persons attesting aff1dav1t shall be submitted every year.
to the fact of separation of the spouses; and
(h) For the spouse or any family member of an
(4) Sworn aflidavit declaring that the solo parent OFW falling under Section 4(b) of this Act:
is not cohabitin g with a partner or co-parent , and
has sole parental care and support of the child or (1) Birth certificate/s of dependents,-
children: Provided, That for purposes of issuance of
subsequen t S P I C or booklet, requireme nt numbers (2) Marriage certificate of the applicant;
(3) and (4) under this paragraph shall be submitted
every year. . (3) Overseas Employment“€ertificate (CEO) or
its equ1va1ent document;
(t) For the solo parent on account of declaratio n
of nullity or annulment of marriage falling under (4) Copy of passport stamps showing continuous
Section 4(a)(6) of this Act: twelve (12) months of overseas work;
(1) Birth certificate/s of the child or children; (5) Employment contract; and
(2) Marriage certificate; _ (6) Sworn affidavit declaring that the solo parent
is not cohabiting with a partner or co-parent, and
(3) Judicial decree of nullity or annulme nt of has sole parental care and support of the child or
marriage or judicial recogniti on of foreign divorce; children: Provided, That for purposes of issuance of
and subsequent SPIC or booklet, requirement numbers
(3), (4i), (5), and (6) under this paragraph shall be
(4) Sworn affidavit declaring that the solo parent submitted every year.
is not ,cohabiting with a partner or ‘co-parent, land
has the sole parental care and support? of the child (i) For the unmarried father or mother who
or children: Provided, That for purposes of issuance keeps and rears the child or children falling under
of subseque nt S P I C or booklet, only the sworn Sect10n 4(c) of this Act:
affidavit shall be submitte d every year.
(1) Birth certificate/s of the child or children;
(g) F o r t h e s o l o p a r e n t o n a c c o u n t of
abandonment by the spouse falling under (2) Certificate of No Marriage (CENOMAR);
Section 4(a)(7) of this Act:
(3) Aflidavit of a barangay official attesting that
(1) Birth certificate/s of the child or children; the solo parent is a resident of the barangay and
that the children are under the parental care and
(2) Marriage certificat e or affidavit of the support of the applicant solo parent; and
applicant solo parent;
_ (4) Sworn aflidavit declaring that the solo parent
(3) Affidavit of two (2) disinterested persons IS not cohabiting with a partner or co-parent, and
attesting to the abandonm ent of the spouse; has sole parental care and support of the child or
children: Provided, That for purposes of issuance of
(4) Police or barangay record of the fact of subsequent S P I C or booklet, requirement numbers
abandonm ent; and (2), (3), a n d (4) under this p a r a g r a p h s h a l l be
submitted every year.
(5) Sworn affidavit declaring that the solo parent
is not cohabiting with a partner or co-parent , and
has the sole parental care and support of the child
16 17
(i) For the solo parent who is a legal guardian, (1) Medical record of her pregnancy;
adoptive or foster parent falling under Section 4(d)
of this Act: (2) Affidavit of a barangay official attesting that
t h e applicant solo parent i s a resident of the
(1) Birth certificate/s of the child or children; barangay and that the applicant has no spouse; and
(2) P r o o f of guardianship, foster c a r e o r ' (3) Sworn affidavit declaring that the solo parent
adoption; is not cohabiting with a partner or co- rent, and
has sole parental care and su art of t e child or
(3) Affidavit of a barangay official attesting that children. pp
the solo parent is a resident of the barangay and
that the child or children are under the parental _ (m) For a solo parent divailing subsidy and
care and support of the applicant solo parent; and discounts provided for under Section 15, paragraphs
(1) and (2) of this Act, the following additional
(4) Sworn affidavit declaring that the solo parent documentary requirements shall be submitted:
is not cohabiting with a partner or co-parent, and
has sole parental care and support of the child or (1) Affidavit of no employment;
children: Provided, That for purposes of issuance of
subsequent SPIC or ,booklet, requirement numbers (2) Income Tax Return (ITR);
(3) and (4) under this paragraph shall be submitted
every year. (3) Social case study issued by the DSWD; or
(k) For any relative within the fourth (4“) civil (4) Any verifiable proof of income.
degree of consanguinity or affinity of the parent or
legal guardian who assumes p a r e n t a l care a n d _ Custodians of the documents, records, data or
support of the child or children falling under Section mformation shall ensure the utmost confidentiality
4(e) of this Act: of the same, in compliance with Republic Act
‘ ~r No. 10173, otherwise known as the ‘Data Privacy Act
(1) Birth certificate/s of the child or children; of 2 0 1 2 ’ . ”
(2) Death certificate of the parents or legal SEC. 17. A new seotion to be denominated as Section 20
guardian, or police or (prangay records evidencing of the same Act is hereby added to read as follows:
the fact of disappearance or absence of the parent
or legal guardian for at least six (6) months; “SEC. 20. SPIC and Booklet. — The SPO of
the provmce or city, or the SPD of the municipality
(3) Aflidavit of a barangay official attesting that shall review and verify the documents submitted by
the children are under the parental care and the apphcant and shall issue the SPIC and booklet,
support of the applicant; and 1f apphcable, within seven (7) working days from
receipt of complete documents. In case of dispute, the
(4) Sworn aflidavit declaring that the solo parent Municipa1/City/Prov incial Social Welfare a n d
has sole parental care and support of the child or Development Office (M/C/PSWDO), as the case may
children: Provided, That for purposes of issuance of 3e, shall resolve the same within five (5) working
subsequent SPIC or booklet, requirement numbers ays.
(3) and (4) under this paragraph shall be submitted
every year. ,II‘he SPIC and booklet are valid for one (1)
year.
(1) For the solo parent who i s a pregnant
woman falling under Section 4(f) of this Act:
I8 ' 19
s h a l l s u b m i t a r e p o r t t o C o n g r e s s o n the not more than one (1) year, or both, at the discretion
implementation of this Act every three (3) years from of the court.
the establishment of the IACMC. They may designate
their respective representatives who must have at (2) For any subsequent violation — a fine of not
least a rank of Assistant Secretary or its equivalent. less than One hundred thousand pesos (P100,000.00)
but not more than Two hundred thousand pesos
T h e IACMC s h a l l a c c u r a t e l y g a t h e r (PZO0,000.00) or imprisonment of not less than one
demographic data on the solo parents and their (1) year but not more than two (2) years, or both,
c h i l d r e n , b y utilizing t h e C o m m u n i t y - B a s e d at the discretion of the court.
Monitoring System (CBMS) under Republic Act
No. 11315, otherwise known a s the ‘Community- If the offender is a corp ration, partnership,
B a s e d Monitoring System Act’. The PSA shall organization or any similar en'ti , the officials and
conduct every four (4) years an Iupdated demographic employees who directly participated in the
survey on solo parents and their children.” violation/s shall be held liable.
SEC. 22. A new section to be denominated as Section 25 The proper authorities may, after due notice
of the same Act is hereby added to read as follows: and hearmg, also cause the cancellation or revocation
of the business permit, permit to operate, franchise
“SEC. 2 5 . J o i n t C o n g r e s s i o n a l Oversight and other similar privileges granted to any business
Committee o n Solo Parents. — There is hereby that fails to abide by the provisions of this Act.
created a Joint Congressional Oversight Committee
o n S o l o P a r e n t s (JCOCSP), t o m o n i t o r t h e If the offender is a foreigner, the foreigner shall
implementation of this Act. The J COCSP shall set be deported immediately after service of sentence
the o v e r a l l f r a m e w o r k for r e v i e w i n g t h e Without further deportation proceedings.
implementation of this Act, determining inherent
vulnerabilities in the law, and recommending the _ (b) Any person who misrepresents status or
necessary legislative or executive measures. fals1fies any document to avail of the benefits, o r
cause another person to avail or be denied of the
The JCOCSP shall b e composed of five (5) benefits provided under this Act, or any person who
senators and five (5) representatives to be appointed abuses the privileges and benefits granted herein
b y t h e S e n a t e P r e s i d e n t a n d House Speaker, shall be punished with a fine of not more than Fifty
respectively. The J COGS]? shall be co-chaired by the thousand pesos (P50,000.00) and imprisonment of
Chairpersons of the Committee on Revision of Laws not less than six (6) months but not more than one
of the House of Representatives and the Committee (1) year, or both, at the discretion of the court.
on Women, Children, Family Relations and Gender
Equality of the Senate.” When the offender or the person responsible for
the offenses punishable under paragraphs (a) and (b)
SEC. 2 3 . A new section to be denominated as Section 26 of this section is a public officer or employee as
defined in Executive Order No. 292, or the
of the same Act is hereby'added to read as follows:
‘Administrative Code of 1987’, and the offense was
committed in the exercise of official duties, such
“SEC. 2 6 . Prohibited Acts and Penalties. — officer or employee shall suffer the penalty of
(a) Any person, corporation, entity or agency that removal from office and perpetual disqualification
refuses or fails to provide the benefits granted to the from holding public office, in addition to the penalty
solo parent in violation of this Act shall suffer the provided in the preceding paragraph.
following penalties:
_ The penaltiesunde r this Act shall be without
(1) For the first violation — a fine of not prejudme to the imposition of higher penalties
less than Ten thousand pesos (Pl0,000.00) but not ex1st1ng under other laws.”
more than Fifty thousand pesos (P50,000.00) or
.
SEC. 24. Section 13 of the same Act is hereby amended This Act, which is a consolidation of Senate Bill No. 1411
e of
a n d renumbered a s Section 2 7 , to r e a d a s follows: a n d H o u s e Bill No. 8097, w a s p a s s e d by the Senat
H o u s e of R e p r e s e n t a t i v e s on
the Philip pines a n d the
“SEC. 27. Implementing Rules and Regulations. — Janua ry 2 4 , 2022 .
Within ninety (90) days from the approval of this
Act, the Secretary of Social Welfare and Development
shall, in consultation and coordination with the
members of the IACMC, a s provided for under
Section 24 of this Act, issue the necessary rules and . W’ x L. MENDOZA MYRA MARIE D. VILLARICA
Regulations for the effective implementation of this “mend _ gearetary of the Senate
ct.” . c Repre entatives
SEC. 25. Section 1 4 of the same Act is hereby amended
and renumbered as Section 28, to read as follows:
WM
Approved: '
“SEC. 2 8 . A p p r o p r i a t i o n s . — T h e a m o u n t 4.2.2.23.
necessary to carry out the provisions of this Act um amour on JUN 0
re
signatu
shall be included in 'the budget of the concerned “Mt fin of 15a Pied
government agencies' in the General Appropriations dent, in mdanoe with Arficle v1,
Act (GAA). m 27 (1) a! the ‘ ‘
Government agencies a n d L G U s m a y also ROD RIGO ROA DUTERTE
utilize a portion of their respective GAD budget to Presid ent of the Philippines
implement this Act anchored on the guidelines issued
by the Department of Budget and Management, 0
NEDA and PCW.”
0 III
Senate