NTATIVES
RECEIVED

SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.B. No.
RESISTRATION UNT™
[PILES AND INDEX shevicd
Introduced by Representative Herminio Harry L. Roque dr-————-

AN ACT
PROVIDING FOR THE PROTECTION OF WHISTLEBLOWERS

EXPLANATORY NOTE

le 2, Section 27, provides:

The Constitution, A\

The State shall maintain honesty and integrity in public service and take
positive and effective measure against graft and corruption.

‘The Constitution, Article 11, Section 1. further provides:

Public office is a public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest
lives.

It is the intent of this bill to encourage citizens to stand up and report alleged violations of
law, improper use of governmental office, gross waste of funds, or any other abuse or gross
neglect of duty on the part of an agency, public officer or employee, and private entity. By

protecting citizens who disclose wrongdoing from retaliatory acts, we strengthen accountability

yi

HERMINIO HARRY‘. ROQUE JR.

and reduce corruption in the public and private sectors."

' This bil was originally filed during the Fifteenth Congress, First Regular Session,


SEVENTEENTH CONGRESS OF THE REPUBLIC _)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
HBNe. 23d

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT
PROVIDING FOR THE PROTECTION OF WHISTLEBLOWERS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Whistleblowers’

Protection Act.”

SECTION 2. Definitions of Terms. - As used in this Act, the following terms shall
have the meaning indicated:

(a) "Whistleblower" i

a person who publicly reveals a concealed misconduct or a
commission or attempted commission of a crime by a person, employer, employee, or an
agency whether of a public or private entity. Provided, however, that said person has not
participated or has refused to participate in the misconduct or the violation ot attempted
violation of law.

(b)  "Whistleblowing” is the disclosure, making public, giving evidence to,
information that a whistleblower reasonably believes constitutes:

ji) a violation of law, rule, regulation, poli

(ii) gross mismanagement;

(ii) gross waste of funds;


2

23

24

25

26

material details of how the work is to be performed, which includes any public or privately
owned corporation, branches of government, or any other political subdivision, authority,
commission, or board, or any other agency or instrumentality thereof;

(d) — "Superior/Supervisor" is an individual having authority, in the interest of the
employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or
discipline other employees, or responsibly to direct them, or to adjust their grievances, or
effectively recommend such action, if in connection with the foregoing the exercise of such
authority is not a merely routine or clerical nature, but requires the use of independent judgment;

(©) "Retaliatory Action” is the discharge, suspension, transfer, or demotion of any
employee/whistleblower or the withholding of bonuses, reduction in salary or benefits, or any
other action that may adversely affect his or her rights and interests taken by the employer,
superior, supervisor, or head of agency:

("Gross Mismanagement" is the continuous pattern of managerial abuses, wrongful
or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a

substantial adverse economic impact; and

(g) "Gross Waste of Funds” means to spend or use funds or to allow funds to be u

without valuable result in a manner grossly deviating from the standard of care or competence

that a reasonable person would observe in the same situ:

SECTION 3. Prohibited Acts. - It shall be unlawful for any employer, superior,

supervisor or head of agency to retaliate or perform such acts which can be deemed as

“retaliatory action” as defined in this Act against an employee/whistleblower.

SECTION 4. Nature of Information Disclosed. - The information disclosed under this
section must include:

(a) Any violation or suspected violation of any law, rule, or regulation committed by
an employee or agent of government agency or private entity which creates and presents a

substantial and specific danger to the public interest, safety, or welfare


1 (b) Any act or suspected act of gross mismanagement and misconduct, malfeasance,

misfeasance, nonfeasance or gross neglect of duty, gross waste of public funds committed by an

3 employee or agent and public officials of a government agency.

4 SECTION 5. To Whom Information Disclosed. - The information disclosed under tI

section must be made by the employee/whistleblower to his or her superior/supervisor or any

6 other person in authority who has the power to prevent, remedy, correct the wrongdoing or any
7 government agency having the authority to investigate, prosecute the violation or act, including,
8 — but not limited to, the Philippine National Police, the National Bureau of Investigation, the

9 Office of the Ombudsman, and the Department of Justice.

10 SECTION 6. Whistleblowers and Persons Protected. - Legal protections accorded under
11 this Act to employees/whistleblowers and their spouse and/or any member of the family within
12 the first civil degree by consanguinity or affinity who:

13 (a) disclose information on their own initiative in a written and signed complaint or
14 affidavit; or

1s (b) are requested to participate in an investigation, hearing, or other inquiry
16 conducted by any agency or national government agency; and

7 (©) refuuse to participate in any retaliatory action prohibited by this section; or who

18 initiate a complaint against or testify regarding an illegal act,

19 SECTION 7. Remedies. - Any whistleblower or employee of or applicant for employment
20 with any government agency, who is discharged, disciplined, or subjected to other retaliatory
21 action, or denied employment, because he or she engaged in an activity protected by this Act
22. may file a complaint without need of exhausting all available contractual or administrative
23 remedies, before a court of competent jurisdiction within one (1) year after the action prohibited

24 by this Act is committed.


1 SECTION 8. Relief: - In any action brought under this section, the relief must include the
2 following:
3 (a) Reinstatement of the whistleblower or employee to the same position held before

4 the retaliatory action was commenced, or to an equivalent position or reasonable front pay as

alternative relief;
6 (b) Reinstatement of the whistleblower or employee's full fringe benefits and
7 seniority rights, as appropriate;
8 (©) Compensation, if appropriate, for lost wages, benefits, or other lost remuneration
9. caused by the retaliatory action;
10 (é) Payment of reasonable costs, including attorney's fees, to a substantially
11 prevailing employee, or to the prevailing employer if the whistleblower or employee filed a
12. frivolous action in bad faith;
3 (e) Issuance of an injunction, if appropriate, by a court of competent jurisdiction;
14 (£) ‘Temporary reinstatement to the whistleblower or employee's former position or to
15 an equivalent position, pending the final outcome On the complaint, if an employee complains of
16 being discharged in retaliation for a protected disclosure and if a court of competent jurisdiction
17 or the Commission on Human Rights, as applicable, determines that the disclosure was not made
18 in bad faith or for a wrongful purpose or occurred after an agency's initiation of a personnel
19 action against the whistleblower or employee which includes documentation of the employee's

20 violation of a disciplinary standard or performance deficiency.

21 SECTION 9. Preemption. - Nothing in this Act shall be deemed to diminish the rights,
22 privileges, or remedies of any whistleblower or employee under any law or regulation or under
23. any collective bargaining agreement or employment contract. No whistleblower or employee
24 may waive through private contract any right set forth in this Act, except as set forth in Section

25. 7, and no employee may be compelled to adjudicate his or her rights under this Act pursuant to a

26 collective bargaining agreement or any other arbitration agreement.


SECTION 10. Settlement, - The rights afforded employees under this Act may not be

waived or modified

SECTION 11, Penal Clause. - Any person who violates any provision of this Act shall
suffer pay a fine of not less than two hundred thousand pesos (P200,000) but not more than five
hundred thousand pesos (P500,000) and suffer an imprisonment of not less than two (2) years but
not more than six (6) years.

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 private entity that fails to abide the

provisions of this Act.

SECTION 12. Separability Clause. ~ If any provision of this Act is declared
unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby

shall continue to be in full force and effect.
SECTION 13. Repealing Clause. ~ All laws, decrees, orders, rules, and regulations or
parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or

modified accordingly.

SECTION 14, Effectivity Clause. ~ This Act shall take effect after fifteen (15) days

following its publication in at least two (2) newspapers of general circulation,

Approved,