FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 885 ._ 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 27 provides that: 
"The State shall maintain honesty and integrity in the public 
service and take positive and effective measures against graft 
and corruption". 
Graft and corruption still abound and continue despite laws imposing 
severe penalties for their violation. One reason why many corrupt acts go 
unreported is because potential witnesses fear reprisals from the perpetrators. 
Accordingly, the government must encourage potential witnesses to come 
out with information by providing.them adequate protection from reprisals. 
This bill seeks to provide protection to employees, who may have 
information relating to a substantial violation of law related to a public contract, 
including the competition for or negotiation of a contract, from reprisals of their 
employers. 
In consideration of the above premises, early approval of this bill is 
earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
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Senate Bill No. 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR PROTECTION FROM REPRISALS TO EMPLOYEES OF 
CONTRACTORS FOR DISCLOSURE OF INFORMATION RELATING TO 
SUBSTANTIAL VIOLATION OF LAW RELATED TO PUBLIC CONTRACTS 
INCLUDING THE COMPETITION FOR OR NEGOTIATION OF A CONTRACT 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act may be cited as "Protection from 
Reprisals Act." 
SEC. 2. Declaration of Policy. - It is the policy of the State to maintain 
honesty and integrity in the performance and negotiations of public contracts by 
encouraging employees of contractors, who have been awarded a public 
contract, to disclose information related to a substantial violation of law related to 
a contract, including the competition for or negotiation of a contract. 
SEC. 3. Definition of Terms. -As used in this Act: 
1) The term "contract" means a written agreement entered into by the 
head of an executive agency and the contractor; 
2) The term "contractor" means a person awarded with a contract by an 
executive agency. 
SEC. 4. Prohibition of Reprisals. - An employee of a contractor may not 
be discharged, demoted, or otherwise discriminated against as a reprisal for 
disclosing to a Member of Congress or an authorized official of an executive 
agency or the Department of Justice information relating to a substantial violation 
of law related to a contract, including the competition for or negotiation of a 
contract. 
SEC. 5. Investigation of Complaints. - A person who believes that an 
employee has been subjected to a reprisal prohibited by Section 4 of this Act 
may submit a complaint to the executive agency which awarded the contract. 
Unless the officers designated by the head of the concerned executive agency 
determines that the complaint is frivolous, he shall investigate the complaint and 
upon completion of such investigation, submit a report of the findings of the 
investigation to the person, the contractor concerned, and the head of the 
agency. 
• , 


SEC. 6. Remedy and Enforcement Authority. - (A) If the head of an 
executive agency determines that a contractor has subjected a person to a 
reprisal prohibited by Section 4 of this Act, the head of the executive agency may 
take one or more of the following actions: 
(1) Order the contractor to take affirmative action to abate the reprisal; 
(2) Order the contractor to reinstate the person to the position that the 
person held before the reprisal, together with the compensation (including 
back pay), employment benefits and other terms and conditions of 
employment that would apply to the person in that position if the reprisal 
has not been taken; 
(3) Order the contractor to pay the complainant an amount equal to the 
aggregate amount of all costs and expenses (including attorney's fees and 
expert witnesses' fees) that were reasonably incurred by the complainant 
for, or in connection with, bringing the complaint regarding the reprisal, as 
determined by the head of the executive agency. 
(6) Whenever a contractor fails to comply with an order issued under paragraph 
(A), the head of the executive agency shall file an action for enforcement of such 
order in the appropriate court having jurisdiction over the principal place of work 
of the contractor. 
SEC. 7. Construction. - Nothing in this section may be construed to 
authorize the discharge of, demotion of, or discrimination against an employee 
for a disclosure other than a disclosure protected by Section 4 of this Act or to 
modify or derogate from a right or remedy otherwise available to the employee. 
SEC. 8. Separability Clause. - If any provision or part hereof is held 
invalid or unconstitutional, the remainder or the law of the provision not otherwise 
affected shall remain valid and subsisting. 
SEC. 9. Repealing Clause. - Any law, preSidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to, or inconsistent with, the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SEC. 10 . Effectivity Clause. -This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved,