REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
House Bint No, 898

Introduced by MAGDALO Party-L
HON. MANUEL D

t Representative
CABOCHAN III

EXPLANATORY NOTE

As an exercise of responsible citizenship, whistleblowing against corruption can help create new
societal and organizational cultures and values that emphasize integrity and honesty in the
workplace. As a courageous act, whistleblowing against corruption can create inspiring, stories
that may, in the long run, reduce people's tolerance for questionable practices of doing business
and public service.

In the Philippines, initiatives to encourage whistleblowing are not new. In fact, several laws
encourage whistleblowing to curb bribery and other corrupt practices. However, the existing legal
framework barely meets the need for whistleblower’s protection and support, Considering the
risks of whistleblowing in a culture that has a high tolerance for corruption, the existing legal
framework fails to provide attractive incentives for actual whistleblowing.

Thus, this measure is filed in the hope that it would help in curtailing graft and corruption in
government by ensuring the security of whistle blowers who divulge the erring practices of public
officials and employees. The passage of this bill could also counter the stigma of ostracism
frequently suffered by whistleblowers.

In view of the foregoing, the early passage of this bill is earnestly sought.

MANUEL SHAN IL
Representati
Magdalo Para Sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon

it

EIGHTEENTH CO)
First Regular §

House Bill No.

Introduced by MAGDALO

rty-List Rep!
CABOCHAN UL

AN ACT
PROVIDING FOR PROTECTION, SURITY AND OTHER BENEFITS

WHISTLEBLOWERS

FOR

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

ECTION 1. Short Title This Act shall be known as the “Whistleblower Protection

SEC. 2. Declaration of Policy. — Public Office is a public trust. It is the policy of the
State to promote and ensure full accountability in the conduct of its officers and employees,
and exact full retribution from those who shall engage in improper conduct. Toward this end,
the State shall

A. Maintain honesty and promote high standards of integrity in the public service;

B. Safeguard the national interest through the prosecution of corrupt and erring public
officials and employees; and

C. Encourage and facilitate the disclosure of corrupt conduct and practices in the public
service by providing benefits prescribed under existing laws.

si

follows:

3. Definitions. — As used in this Act, the following terms shall be defined as

ployer” shall mean any individual, partnership, association, corporation or entity,
including the government, or any person or group of persons who shall directly or
indirectly for on behalf of said individual, partnership, association, corporation or entity,
employ an employee as defines in this Act.

mployee” shall mean any person who is made to work by, or who renders service for,
an employer. The term shall include public officers and employees as defined in this Act
as well as any person considered an “employee” under the Labor Code.


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ublic officer/employee” shall refer to any person holding any office or performing any
function or duty in the Government of the Republic of the Philippines by virtue of an
appointment, election or contract.

Jove

iment” shall include the National Government, and any of its subdivisions,
agencies or instrumentalities, including government-owned and controlled corporations
and their subsidiaries, and Local Government Units.

E, “Retaliatory action” shall refer to any negative or obstructive response, reaction or
reprisal toa disclosure made under this Act aimed at, pertaining to, or against a
whistleblower or any of the members of his/her family and relatives up to the fourth civil
degree of consanguinity or affinity, Said actions shall include criminal, civil or
administrative proceedings commended or pursued against said whistleblower or any of
the members of his/her family or relatives up to the fourth civil degree of consanguinity
or affinity as well as any retaliatory action in the workplace.

P, “Retaliatory action in the workplace” shall mean any discriminatory conduct ot policies
which affect promotion or job assignment including undue negative performance
appraisal, close monitoring by supervisors, unwarranted criticisms or avoidance by co-
employees, blacklisting from other job opportunities or prejudicial transfers by reason of
a disclosure made under this Act.

G. “Acts constituting improper conduct” shall mean any act or omission of a public officer
or employee solely, or in cooperation, conspiracy with, or with the assistance of, private
persons which is covered by or constitute a violation of:

1. Presidential Decree No. 46 otherwise known as “Making it punishable for Public
Officials and Employees to receive, and for Private persons to give, gifts on any
occasion, including Christmas;”

Republic Act No, 3019 otherwise known as “Anti-Graft and Corrupt Practices
Act,”

3. Republic Act No. 6713 otherwise known as “An Act Establishing a Code of
Conduct and Ethical Standards for Public Officials and Employees;”

4, Republic Act No. 7080 otherwise known as the “Anti-Plunder Law;”

5. Title VII of Book Two of the Revised Penal Code on Crimes Committed by
Public Officers; and

6. All other la
or employee.

s which penalize or sanction any act or omission of a public officer

H. “Whistleblower” shall refer to any person who has personal knowledge or access to any
data, information, fact or event constituting improper conduct; Provided, that such
person must not have any direct participation in such improper conduct, or in cases
Where such person participated in any improper conduet, such person is not the most
guilty and shall therefore qualify as a state witness against the persons subject of such
disclosure.



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1. “Qualified Whistleblower” shall mean a whistleblower qualified and admitted into the
Whistieblower’s Program of the Implementing Agency in accordance with this Act and
is implementing rules and regulations.

J. “Implementing Agencies or Agency” shall collectively or individually refer to the
Department of Justice (DOJ), the Office of the Ombudsman, the Commission on Human
Rights (CHR), and the Public Attorney's Office (PAO)

K. “Whistleblower Council” shall refer to the council defined under Section 31 of this Act.

SEC, 4, Coverage, ~ Notwithstanding the provisions of law on prescription of erimes,
this Act shall cover all acts constituting improper conduct irrespective of the time or
commission thereof.

EC. 5. Admission/Qualification for the Program, ~ Whistleblowers, whether from the
public or private sector, shall be entitled to the benefits provided under this Act, Provided,
That all the following requisites concur:

A. The disclosure is voluntary, in writing and under oath;
B. ‘The disclosure relates to acts constituting improper conduct; and
C. The information to be disclosed is admissible in evidence,

SEC. 6. Necessity of Testimony. ~ The testimony of a qualified whistleblower in court
shall not be necessary for the entitlement or enjoyment of the benefits of this Act. In the
event that the said whistleblower’s testimony is required as found by the Implementing
Agency to be necessary and indispensable for a successfull prosecution of a case, he/she shall
be entitled to the additional benefits and protection provided under R.A. No. 6891 otherwise
known as the Witness Protection Program, funding for which shall be sourced from the
budget as provided under Section 32 hereof.

7. Credibility of a Whistleblower. ~ \n all cases, the fact of the entitlement of the
ied whistleblower to the protection and benefits provided in this Act shall not be
admissible in evidence to diminish or affect his credibility.

EC. 8. Perpetuation of Testimony. — Once admitted into the program, a whistleblower
may perpetuate his/her testimony pursuant to Rule 134 of the Revised Rules of Court.

SEC. 9. Memorandum of Agreement with the Person to be Protected, — Before a

person is provided protection and benefits as a whistleblower for the State, he/she shall first

execute a Memorandum of Agreement with the Implementing Agency which shall set forth
s/her responsibilities as follows:

A. To provide information to and testify before all branches or agencies of government in an
appropriate proceeding on facts constituting improper conduct;

B. To avoid commission of crime;


To take all necessary precautions to preclude detection by others of the facts concerning
the protection provided hiny/her under this Act;

D. ‘To cooperate with all reasonable requests of officers and employees of the government
who are providing him/her protection under this Act; and

[. To regularly inform the Implementing Agency's program official concemed of his/her
current activities and address,

SEC. 10. Breach of the Memorandum of Agreement. Substantial breach of the
Memorandum of Agreement, provided in Section 9 hereof shall be sufficient ground for the
termination of the protection and benefits provided under this Act; Provided, however, that
before terminating the protection and benefits extended to him/her, the Implementing Agency
shall send notice to the qualified whistleblower concerned, stating therein the reason for such
termination and shall give him/her sufficient opportunity to explain and respond to such
notice

SEC. 11. Confidentiality, — Except insofar as allowed by this Act, during and after the
disclosure, and throughout and after any proceedings undertaken thereafter, a whistleblower
is entitles to absolute confidentiality as to:
A. His/her identity;
B. The subject matter of his/her disclosure; and
C. The person to whom such disclosure has been made.
There shall be no such confidentiality regarding his/her identity if a whistleblower

makes a public disclosure of acts constituting improper conduct unless, notwithstanding such
public disclosure, he/she has taken means obviously intended to preserve his/her anonymity.

EC. 12, Confidentiality of Information. ~ No person to whom a disclosure has been
made or teferred to shall divulge any information that may identify or tend to identify a
whistleblower or reveal the subject matter of such disclosure, except only as to the following
circumstances:

A. The whistleblower consents in writing prior to such a disclosure of,

B. The disclosure is indispensable and essential as determined by the Implementing Agency,
taking into consideration the necessary proceedings to be had after said disclosure; or

C. The disclosure or referral is made pursuant to an obligation under this Act. The
prohibition on disclosure under this Section shall apply to any person who has become
privy to any confidential information, whether officially or otherwise

SEC. 13. Violation of Confidentiality. Any person who shall violate the protection of

confidentiality of a protected disclosure under Sections 11 and 12 of this Act, shall suffer the
penalty of imprisonment of not less than six (6) months but not more than one (1) year with
the accessory penalty of temporary absolute disqualification for public office, in case of a


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public officer or employee, and shalll be civilly liable to the whistleblower
damages as may be awarded and deemed reasonable by tile court,

such amount of

The proceedings herein shall be independent of any action that an aggrieved
whistleblower may take before the Civil Service Commission of the Department of Labor and
Employment for unfair or discriminatory practices, back wages, or other labor dispute, or
before other quasi-judicial agencies that may or may not have arisen from a disclosure, or a
believed or suspected disclosure.

SEC. 14. No Breach of Duty of Confidentiality. ~ A whistleblower who has ma de a
disclosure under this Act upon whom a provision of law, regulation, issuance, practice or
other convention, imposes upon hinv/her the duty to maintain confidentiality with respect to

¥y information disclosed to him/her shall be considered not to have committed a breach
thereof.

SEC. 15. Defense of Privileged Communication, - A whistleblower who has made a
disclosure under this Act shall have in any other injury of proceeding the defense of absolute
privileged communication with respect to the subject matter of his/her disclosure or
information given to the proper authorities.

SEC. 16. False and Misleading Disclosures. Any person found guilty of deliberately
and voluntarily gives false or misleading information in connection with acts or omissions
constituting improper conduct shall suffer imprisonment for a period of one (1) year and one
(1) day up to two (2) years at the discretion of the court as well as perpetual absolute
disqualification from holding public office, in case of a public officer or employee, without
prejudice to other liabilities under existing laws.

SEC. 17.Protection against Disciplinary Action or Reprisals and Prohibited Acts. — A
whistleblower who has made or is believed or suspected to have made a disclosure under this
Act shall not be liable to disciplinary action for making said disclosure.

Prohibited acts under this section include retaliatory action in a workplace or prejudicial
conduct towards a whistle blower, such as: discriminatory actions, reprimand, punitive
transfers, unwarranted referral to psychiatrist or counselor, and undue ot inappropriate poor
or failing performance reviews. Other prejudicial conducts include obstruction of an
investigation, withdrawal of essential resources, alteration of policies and procedures, undue
reports and the attachment of unfair personnel file notes.

‘Any employer who has undertaken reprisals and/or initiated disciplinary actions and/or
imposed sanctions ot other forms of retaliatory actions, including but not limited to
workplace ostracism, questions and attacks on motives, accusations of disloyalty and
dysfunction, public humiliation and the denial of work or promotion, or who encourages,
causes or commits, directly or indirectly, retaliatory action or reprisals against a
whistleblower, or anyone believed or suspected to be one, shall be liable for the offense
defined under this Act.

Any officer or employee who refuses to follow orders of superior that would cause them
to violate any provision of this Act shall likewise be protected from reprisals and retaliatory
action in the workplace.


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For purposes of this protection, an applicant for employment shall be deemed an
employee and entitled to such protection.

Provided, however, That an employer of a whistleblower shall be notified through a
certification issued by the Implementing Agency within a period of thirty (30) days, from the
date when the whistleblower last reported for work. Provided, further, That an employer shall
have the option to remove said whistleblower from employment after securing a clearance
from the Civil Service Commission and the Department of Labor and Employment, as may
be appropriate, in case of a prolonged absence due to transfer or permanent relocation under
this Act or R.A. No. 6891.

SEC. 18. Protection against other Actions. ~ \ whistleblower who has made a
disclosure under this Act shall not be subject to any liability, whether administrative, civil, or
criminal, for making such a disclosure. No action, claim or demand may be taken against a
whistleblower for making such disclosure, not shall any evidence presented be used against
him/her in court.

This protection shall also operate as immunity in favor of a whistleblower against any
action or proceeding taken against him/her by reason of his/her disclosure.

Provided, however, that the whistleblower does not appear to be the most guilty in the
commission of the act or acts constituting improper conduct.

SEC. 19. Discriminatory Hiring. ~ Any individual, firm, corporation, office or employer
who shall deny a qualified applicant of employment, or who shall reject his/her application
for employment solely on the ground that the applicant is or will be a Whistleblower, shall be
guilty of an offense punishable by not more than six (6) months imprisonment with the
accessory penalty of suspension of the right to hold public office, in case of a public officer
of employee, and shall be civilly liable to indemnify the whistleblower for such damages as
may be awarded by the court.

SEC. 20. Retaliatory Action in the Workplace. ~ Any person who shall commit any
retaliatory act in a workplace as defined under this Act, against an employee who is a
whistleblower, or believed or suspected to be one, shall be guilty of an offense and shall
suffer the penalty of not more than six (6) months imprisonment with the accessory penalty
‘of suspension of the right to hold public office, in case of a public officer or employee, and
shall be civilly liable to indemnify a whistleblower in case damages are incurred and as may
be awarded by the court.

The aggrieved whistleblower shall be entitled to the provisional remedy of injunction
against any retaliatory action in the workplace, prejudicial conduct or discriminatory
treatment by reason of the said whistleblower’s intended or actual disclosure.

The proceedings herein shall be independent of any action that an aggrieved person may
take before the Civil Service Commission of the Department of Labor and Employment for
unfair discriminatory practices, back wages, or other labor dispute, or before other quasi-
judicial agencies that may or may not have arisen from a disclosure, or a believed or
suspected disclosure.


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EC. 21. Penalty for Retaliatory Acts against a Whistleblower, ~ Any person who
commits any of the retaliatory acts as defined in this Act against a whistleblower and/or who
hinders, delays, prevents or dissuades a whistleblower from:

A. Attending, assisting or testifying, before any investigating agency and/or judicial or
quasi-judicial body;

B. Reporting to a law enforcement agency, public official and/or the judiciary the
commission or possible commission of an offense or a violation of conditions of
probation, parole, or release pending judicial proceedings;

C. Seeking the arrest of another person in connection with the offense;

1D. Causing a criminal prosecution, or a proceeding for the revocation of a parole or
probation; or

E, Performing and enjoying the rights and benefits under this Act, or who attempts to do so
shall be fined not more than One Hundred Thousand Pesos (Php 100,000.00) and/or
suffer imprisonment of not less than six (6) months but not more than six (6) years or
both at the discretion of a court and shall also suffer the penalty of perpetual
disqualification from holding public office in case of a public officer or employee.

SEC. 22. Benefits and Security and Protection of a Qualified Whistleblower. — 5
qualified whistleblower shall be entitled to an allowance sufficient for his/her daily basic
financial requirements considering his personal circumstances, provided he/she requests for
said allowance and the Implementing Agency determines and approves the reasonableness of
such request, in accordance with the implementing rules and regulations of this Act

A qualified whistleblower shall likewise be entitles to housing and personal security
regardless of whether the disclosure is made in confidence or in public. Accordingly, the
Implementing Agency is hereby authorized to allocate funds and resources as provided for in
Section 32 hereof for the full satisfaction of the benefits and security and protection of a
qualified whistleblower, in accordance with the implementing rules and regulations of th
Act

‘This section is without prejudice to any benefits a qualified whistleblower may be
entitled to under R.A, No. 6891 provided that the necessary amount shall be sourced from the
budget as provided for in Section 32 hereof and that no duplication of benefit shall ensue

SEC. 23. Financial Rewards for Whistleblower. A qualifies whistleblower shall be
entitled to a monetary reward on a contingency basis, equivalent to at least ten per centum
(10%) of the amount which may be recovered as a result of his disclosure or the amount of
One Million Pesos (Php 1,000,000.00), whichever is lower

SEC. 24. Abstract, — All government agencies, offices, bureaus and local government
units, including government owned or controlled corporations, whether or not with original
charters, shall conspicuously display an abstract of this Act and the rights and protections of
whistleblowers, including the obligations of employers under this Act. Such abstract shall be
provided in the implementing rules and regulations.



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‘All government agencies, offices, bureaus and local government units, including
government owned and controlled corporations, whether or not with original charters, shall
likewise put in place internal procedures for dealing with whistleblowers, consistent with the
provisions of this Act and its implementing rules and regulations. Said internal procedure
shall be widely disseminated to all employees.

All other employers, specifically those in the private sector, shall also conspicuously
display notices of their employce’s protections and their obligations under this Act and it’s
implementing rules and regulations

SEC. 25. Failure of an Employer to Post Abstract. ~ The failure to post an Abstract or to
adopt internal procedures as requires under Section 24 of this Act shall constitute an offense
and shall be penalized with a fine in the amount of One Hundred Thousand Pesos (Php
100,000.00) for the first offense, Said amount shall be doubled for every sueceeding
offense/s,

SEC. 26. Failure to Act or Report to the Implementing Agency. ~ Any person under
obligation to report a disclosure under this Act to the Implementing Agency but who fails to
do 30 within the period of two (2) months, or who fails to act thereon or cause an
investigation thereof, shall be guilty of an offense and shall suffer the penalty of not more
than six (6) months imprisonment, and/or @ fine amounting to not more than Three Hundred
Thousand Pesos (Php 300,000.00) without prejudice to any other liability that may be
imposed upon such person under existing laws

SEC. 27. Confidentiality of the Proceedings, — All proceedings involving application
and/or enjoyment of the benefits under this Act, including any action taken thereon, shall be
confidential in nature, No information or documents given or submitted in support thereof
shall be released except upon written order of the Implementing Agency, and provided such
disclosure shall not endanger the life of a qualified whistleblower.

SEC. 28.Powers and Functions of the Implementing Agencies or Agency. ~ \n addition

to their respective powers and functions under existing laws, the Implementing Agencies

shall:

‘A, Supervise, monitor and coordinate all efforts relative to the implementation and
enforcement of the provisions of this Act;

B. Investigate all disclosures made under this Act, prosecute or recommend prosecution of
the same when warranted;

Evaluate the qualification of whistleblowers for coverage under this Act, and whenever
appropriate, make the appropriate decision on their entitlement to the benefits and
security and protection extended herein;

D. Undertake, in coordination and cooperation with the private and public sectors, an
information campaign to educate the public on the provisions and benefits of this Act;

E. Develop plans and implement programs to further encourage whistleblowers with a view
for effective deterrence and/or prosecution of improper conduct as well as acts amounting
to graft and corrupt practices;


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F. Control and administer, through coordination and consistent with the provisions and
purpose of this Act, the protection and benefits of whistleblowers and the funds necessary
to carry out the provisions of this Act;

G. Call upon, or deputize any department, bureau, office or any other government agency or
public official to assist in the effective implementation and enforcement of this Act; and

H. Grant immunity in accordance with the provisions of this Act and its implementing rules
and regulation.

SEC, 29. Implementing Agency, Option of Whistleblower. — A whistleblower shall have
the right to indicate his preference as to the Implementing Agency he/she intends to be
admitted and/or qualifies in as a whistleblower. The Implementing Agency so chosen shall
have the primary jurisdiction and authority to exercise the powers and functions provided for
under Section 28 of this Act.

SEC. 30. Congressional Whistleblower Program, ~ ‘the Senate and the House of
Representatives may have their own Whistleblower’s Program for resource persons and/or
whistleblowers appearing before them or their respective committees

The resource person and/or whistleblower, with his/her express consent, may be admitted
into the program upon the recommendation of the legislative committee where his/her
testimony is needed when in its judgment there is pressing necessity therefor: Provided, that
such recommendation is approved by the President of the Senate or the Speaker of the House,
whichever the case may be.

The Senate or the House of Representatives, as the case may be, shall have primary
jurisdiction in the administration and implementation of the program independent from any
other agency of government when the investigation of the safety of the resource person or
whistleblower shall be prejudiced.

SEC. 31. Implementing Rules and Regulations, ~ There is hereby created a
Whistleblower Council which shall be composed of the Implementing Agencies and headed
by the Office of the Solicitor General.

‘The Council shall be primarily and solely responsible for the drafting and promulgating
of the necessary Implementing Rules and Regulations (IRR) for the effective implementation
of this Act. The Council's submission to Congress of the approved IRR and the causing of its
publication in at least two (2) newspapers of general circulation shall render the council
functus officio.

SEC. 32. Funding. — The amount One Hundred Million Pesos (Php 100,000,000.00) is
hereby authorized to be appropriated out of any funds in the National Treasury not otherwise
allocated to carry into effect the purpose of this Act.

Other funding schemes or sources that may be authorized under existing laws shall be
allowed in furtherance hereof.


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SEC. 33. Separability Clause. — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected thereby
shall remain valid and subsisting,

SEC, 34, 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, modifies, or amended accordingly

SEC. 35. Effectivity Clause, ~ This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) newspapers of general circulation.

Appro

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