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Republic of the Philippines
House of Representatives
Quezon City, Metro flanila REGISTRATION UNIT

|. BILLS AND INDEX SERVICE

Seventeenth Congress

First Regular Session

2008

House Bill No. _

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Section 27 of Article | of the 1987 Constitution provides that the ‘State shall
maintain honesty and integrity in public service and take positive and effective measure
against graft and corruption.’ Moreover, Section 1 of Article XI of the fundamental law
upholds that ‘public office is a public trust, and that 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.’

Unfortunately, graft and corruption is rampant and chronic in the Philippines
ranking on top among Asian countries. Hence, there is a need for credible and reliable
witnesses, known as ‘whistle blowers’, to expose the malpractice of public officials and
employees. The citizens must be encouraged to come out and report alleged abuse or
neglect on the part of government agencies, improper use of public office, wastage of
funds, and other corrupt practices of public officials and employees. To achieve this
goal, the law must provide protection to citizens who disclose official wrongdoings from
retaliatory acts of suspected offenders.

This bill aims to curtail graft and corruption in government by encouraging whistle
blowers to disclose any personal knowledge, data or event involving improper conduct
by public officials and employees. In retum, they shall be entitled to the benefits and
protection provided for in the measure. With such institutional mechanism, the bill seeks
to resolve the perennial failure of the criminal justice system in the country by bringing


offenders to trial faced with willing, credible and emboldened witnesses to prove their
guilt in the manner provided for by law.

This measure will complement Republic Act No. 6981, otherwise known as the
‘Witness Protection, Security and Benefits Act.’

With the passage and implementation of this bill, the bureaucracy will be put to
task to assure the people that accountability, integrity and efficiency are strictly
observed in goverment.

For the foregoing reasons, the immediate passage of this bill is eamestly
urged.

Rebrresentative
2"\pistrict, Antipolo City


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Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Seventeenth Congress.
First Regular Session

2008

House Bill No.

Introduced by HON. ROMEO M. ACOP

AN ACT
PROVIDING FOR THE PROTECTION, SECURITY AND
BENIFITS OF WHISTLEBLOWERS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES.

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

SECTION 1. Title — This Act shall be known as the “Whistleblower Protection,
Security and Benefit Act of 2016”

SECTION 2. Declaration of Policy — Public office is a public trust. It is the policy of
the State to promote and ensure full accountably in the conduct of its officers and
employees, and exact full retribution from those who shall engage in graft and corrupt
practices. Towards this end, the State shall:

(a) Maintain honest and high standards of integrity in the public service;

(b) Safeguard the national interest through the investigation and 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 and protection to whistleblowers.

Nothing in this Act shall diminish or restrict the entitlement, receipt or enjoyment by a
whistleblower of more or higher benefits provided in existing laws.

SECTION 3. Definition of Terms — As used in this Act, the following terms are
hereby defined as follows:

(a) Acts consisting graft and corruption - refer to any conduct, act or omission of public
offers and employees solely, or in cooperation or conspiracy with private persons
which are covered by, or constitute as violations of

4) Republic Act No. 3019, otherwise known as the “Anti-graft and Corrupt Practices
Act’,


2) Section 7, 8 and 9 of Republic Act No. 6713, otherwise known as the “Code of
Conduct and Ethical Standards for Public Officials and Employees,”

3) Republic Act No. 7080, entitled “An Act Defining and Penalizing the Crime of
Plunder’,

4) Presidential Decree No. 46, entitled “Making it Punishable for Public Officials
and Employees to Receive, and for Private Persons to Give, Gifts on Any
Occasion, Including Christmas”; and

5) Title VII, Book Two of the Revised Penal Code on “Crimes Committed by Public
Officers”.

(b) Council - refers to the Whistleblower Benefits and Protection Council created
pursuant to Section 29 of this Act.

(c) Employee - refers to any person who is made to suffer work by, or who renders
services 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.

(d) Employer - refers to any individual, partnership, association, corporation or entity,
including the government, or any person or group of persons who shall directly or
indirectly for or on behalf of said individual, partnership, association, corporation or
entity, hires an employee as defined in this Act.

(e) Government - refers to the National Government and any of its subdivisions,
agencies or instrumentalities, including government-owned or —controlled
corporations and their subsidiaries, and the local government units (LGUs).

(f) Informant - refers to any person who has personal knowledge or access to data,
‘events or information, of any conduct constituting graft and corruption as defined
under this Act by public officer/s and employee/s, and who shall deliberately
disclose of individual, collective or organized conduct constituting graft and
corruption as provided in this Act.

(g) Program - refers to the “Whistleblower Protection, Security and Benefit Program”
which the Council shall formulate and implement pursuant to this Act.

(h) Public Officer - refers to any person holding office in the Government of the
Philippines by virtue of an appointment, election or contract.

(i) Whistleblower - refers to an informant admitted into the Program of the Council in
accordance with this Act and its rules and regulations.

i)

Reprisal - refers to any negative or obstructive response or reaction to a disclosure
made under this Act aimed at, pertaining to, or against a whistleblower or any of the
members of the family and relatives up to the second degree of consanguinity or
affinity including, but not limited to, criminal, civil or administrative proceedings
commenced or pursued against said whistleblower or any of the members of family
or relatives up to the second degree of consanguinity or affinity as well as reprisal in
the workplace.

(k) Reprisal in workplace - refers to any discriminatory conduct or policies against a
whistleblower which affect promotion or job assignment including undue negative
performance appraisal, unusual and unwarranted closed monitoring by supervisors,
unwarranted criticisms or avoidance by co-employees, blacklisting from the other job
opportunities or prejudicial transfers by reason of a disclosure made under this Act.


SECTION 4. Coverage — Conduct constituting graft and corruption, whether
commenced or consummated before the effectivity of this Act, refers to any conduct, act
or omission of public officers and/or employees solely, or in cooperation or conspiracy
with private person which are covered by, or amount to violations of Presidential Degree
No. 46; Republic Act. No. 3019; Section 7, 8 and 9 of Republic Act No. 6713; Republic
‘Act No. 7080; and Title Vil, Book Two of the Revised Penal Code on “Crimes
Committed by Public Officers”

SECTION 5. Admission to the Program — Whistleblowers admitted into the
Program, whether from the public or private sector, shall be entitled to the protection
and benefits 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 conduct constituting graft and corruption under this Act;
°)

Such disclosure is necessary for an effective and successful investigation or
prosecution, or essential for an acquisition of material evidence not yet in the
possession of the Council;

The information disclosed leads to a successful gathering of evidence and/or
conduct of investigation sufficient to sustain a finding of probable cause for the filling
of a criminal complaint or information before a court of competent jurisdiction.

d)

SECTION 6. Necessity of Testimony — The testimony of a whistleblower in court
shall not be necessary for the entitlement to the benefits and protection under this Act,
subject to the provision of Section 17 herein. In the event that the whistleblower’s
testimony is determined by the Council to be necessary and indispensable to the
success of an investigation or the prosecution of a case, the whistleblower shall be
entitled to the additional benefits and protection under Republic Act No. 6981, otherwise.
known as the “Witness Protection, Security and Benefit Act’,

SECTION 7. Memorandum of Agreement With the Whistleblower. — As a
prerequisite to the availment of the protection and benefits under this Act, a
whistleblower shall enter into a Memorandum of Agreement (MOA) with the Department
of Justice (DOJ) which shall set forth the whistleblower's responsibilities including the
following:

a) To provide information to and testify before all inquiries, in aid of legislation, and
before any law enforcement official conceming any appropriate proceeding in
connection with or arising from the activities involved in the offense subject matter
thereof,

b) To avoid commission of a crime involving moral turpitude;

c) To take all necessary precautions to avoid detection by others of the facts
concerning the protection provided under this Act;

d) To cooperate with respect to all reasonable request of officers and employees of
the government who are providing protection under this Act; and,

) To regularly inform the appropriate program official of the whistleblower's current
activities and address.

SECTION 8. Breach of the Memorandum of Agreement — Substantial breach of
the Memorandum of Agreement shall be a ground for the immediate termination of the
protection and benefits provided under this Act. The Council shall send notice to a
whistleblower concerned, stating therein the reason for such termination. In view
thereof, a whistleblower shall be afforded reasonable time to take appropriate and
necessary protection and security measures.


In addition, the whistleblower shall return all the financial rewards received pursuant to
Section 17 of this Act.

SECTION 9. Protection Against Other Actions. — A whistleblower or an informant
who has made a disclosure under this Act shall not be subject to any liability in any
proceeding. Any disclosure made or any document submitted to the Council shall be
inadmissible in evidence against the whistleblower.

This protection shall also operate as immunity in favor of a whistleblower or informant
against any action or proceeding taken against the whistleblower by any person subject
of a disclosure, by any reason thereof and acts in relation to subject of disclosure.

SECTION 10. Defense of Privileged Communications. — A whistleblower or any
person who has made a disclosure under this Act shall have, as defense in any other
inquiry or proceeding, the absolute privilege with respect to the subject matter of the
disclosure or information given to the proper authorities.

SECTION 11. Confidentiality. - Except as allowed by this Act, during and after a
disclosure, and throughout and after any proceeding taken thereafter, a whistleblower or
an informant is entitled to absolute confidentiality about:

a) Whistleblower's identity,
b) The subject matter of the disclosure; and,
c) The person to whom such disclosure was made.

There shall be no such confidentiality of identify if a whistleblower or an informant
makes a public disclosure of a conduct constituting graft and corruption unless,
notwithstanding such public disclosure, the whistleblower has taken means and
measures obviously intended to preserve anonymity.

SECTION 12. No Breach of Duty of Confidentiality. — A whistleblower or an
informant who has made a disclosure under this Act, on whom a provision of law,
regulation, issuance, practice or other convention, imposes a duty to maintain
confidentiality with respect to any information disclosed, is considered not to have
committed a breach thereof.

SECTION 13. Confidentiality Information. — No person to whom a disclosure has
been made or referred shall divulge any information that may identify a whistleblower or
tend to identify a whistleblower or informant or reveal the subject matter of such
disclosure, except under the following circumstances:

a) The whistleblower or the informant consents in writing prior to a disclosure of an
information;

b) The disclosure is indispensible and essential as determined by the Council, having
regard to the necessary proceeding to be taken after the disclosure; or,

¢) 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 by other means.

SECTION 14. Protection Against Disciplinary Action or Reprisals. — A
whistleblower who has made or is believed or suspected to have made a disclosure
under this Act is not liable to disciplinary action for making said disclosure.


Prohibited acts under this section include reprisals in the workplace or prejudicial
conduct towards a whistleblower such as: discriminatory actions behind policies and
procedures, unwarranted reprimand, punitive transfers, malicious referral to a
psychiatrist or counselor, and unfounded or baseless poor performance reviews. Other
Prejudicial actions include obstruction of an investigation, withdrawal of essential
resources, undue reports and the attachment of false personnel files or notes.

To this end, any employer who shall discourage and impose sanctions or reprisals
based on workplaces interaction, which shall include workplace ostracism, questions
and attack on motives, accusations of disloyalty and dysfunction, public humiliation, and
the denial of work or promotion, or who encourages, causes or does retaliatory action or
reprisal against the whistleblower or anyone believed or suspected to be one, shall be
liable for an offense defined under this Act.

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

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 Council, 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 Council and the Department of
Labor and Employment (DOLE) in case of a prolonged absence due to transfer or
permanent relocation under this Act or Republic Act No. 6981

SECTION 15. Security and Protection of a Whistleblower. — When determined to
be necessary and appropriate by the Council, a whistleblower, even if the disclosure is
made in confidence, shall be entitled to personal security. For the purpose, the Council
may request any law enforcement agency for assistance. Should, at anytime, the
identity of the whistleblower be revealed, or anonymity compromised, the whistleblower
may, upon the recommendation of the Council, be entitled to the benefits of Republic
Act No. 6981, in addition to the other benefits under this Act.

SECTION 16. Confidentiality of the Proceedings. — All proceedings before the
Council 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
Council, and provided such disclosure shall not endanger the life of a whistleblower.

SECTION 17. Financial Rewards for Whistleblowers. — The whistleblower shall
be entitled to a corresponding monetary reward in accordance with the following stages:

Stages If the case is susceptible If the case is not
of pecuniary estimation susceptible of
pecuniary estimation

Upon admission 200,000.00 100,000.00
into the program

Upon filing of the
case with the Office P100.000.00 P50,000.00
of the Ombudsman


Upon completion of
the testimony of the P100.000.00 P50,000.00
whistleblower

For cases susceptible to pecuniary estimation, such as plunder, forfeiture of ill-gotten
wealth, bribery, malversation and damage or injury to government, the whistleblower
shall be entitled to an additional reward of ten percent (10%) of the actual amount
recovered by final judgement.

SECTION 18. Return of the Amount Received as Financial Rewards. — A
whistleblower admitted into the Program who deliberately and voluntarily gives false or
misleading information in connection with conduct constituting graft and corruption as
defined under this Act or who unjustifiably recants testimony shall, in addition to the
penalties provided in Section 21 and Section 22 of this Act, be required to return all the
amounts received as financial rewards.

SECTION 19. Abstract. — All government agencies, offices, bureaus and LGUs,
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 or informants, including the obligations of employers under
this Act. Such abstract shall be provided in the rules and regulations to be promulgated
pursuant to Section 31 of this Act.

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

SECTION 20. Credibility of a Whistleblower. - In all cases, the fact of the
entitlement of the whistleblower to the protection and benefits provided in this Act shall
not be admissible in evidence to diminish or affect the whistleblower’s credibility.

SECTION 21. Penalty for Giving False and Misleading Information. — The penalty
of imprisonment of not less than six (6) years but not more than twelve (12) years shall
be imposed upon a whistleblower who deliberately and voluntarily gives false or
misleading information in connection with conduct constituting graft and corruption
under this Act. If the offender is a public officer or employee, the penalty of dismissal
from the service and the accessory penalty of perpetual absolute disqualification from
holding public office shall also be imposed. In addition, the offender may be held
criminally and civilly liable under existing laws.

SECTION 22. Penalty for Unjustified Recantation. — The unjustified recantation
of testimony by a whistleblower shall constitute an offense and shall be punishable by a
penalty of imprisonment of not less than four (4) years but not more than six (6) years.

SECTION 23. Penalty for Reprisal Against Whistleblower. - The penalty of
imprisonment of not less than six (6) years but not more than twelve (12) years or a fine
of not more than One hundred thousand pesos (P 100,000,00), or both, at the discretion
of the court shall be imposed upon any person who shall commit any act of reprisal as
defined in this Act against a whistleblower and/or hinders, delays, prevents or dissuades
said whistleblower from:

a) Attending, assisting or testifying before any investigating agency or judicial or quasi-
judicial body;

b) Reporting to a law enforcement officer or judge the commission or possible
commission of an offense;


c) Seeking the arrest of another person in connection with the offense; and,
d) Performing and enjoying the rights and benefits under this Act.

In addition, the penalty of dismissal from the service and the accessory penalty of
perpetual absolute disqualification from holding public office shall be imposed upon an
offender who is a public officer or employee.

SECTION 24. Penalty for Violation of Confidentiality. - The penalty of
imprisonment of not less than six (6) months but not more than six (6) years shall be
imposed upon any person who shall violate the protection of confidentiality of a
protected disclosure under Sections 10, 11, 13 and 16 of this Act. The penalty of
dismissal from the service and the accessory penalty of temporary absolute
disqualification from holding public office shall also be imposed upon an offender who is
a public officer or employee. In addition, the offender shall be civilly liable to indemnify
the whistleblower or informant in such amount of damages as may be awarded and
deemed reasonable by a competent court.

SECTION 25. Penalty for Reprisal in the Workplace. — The penalty of
imprisonment of not less than six (6) years but not more than twelve (12) years shall be
imposed upon any person who shall commit any act of reprisal in the workplace as
defined in this Act, against an employee who is a whistleblower or believed or
suspected to be one. The penalty of dismissal from the service and the accessory
penalty or temporary absolute disqualification from holding public office shall also be
imposed upon an offender who is public officer or employee. In addition, the offender
‘shall be civilly liable to indemnify the whistleblower is such amount of damages as may
be awarded and deemed reasonable by a competent court.

Towards this end, an aggrieved whistleblower shall be entitled to the provisional remedy
of injunction against any reprisal in the workplace, prejudicial conduct, or discriminatory
treatment by reason of whistleblower's disclosure.

The proceeding herein shall be independent of any action that an aggrieved person may
take before the Civil Service Commission or the DOLE for unfair or discriminatory
practices, backwages, or other labor disputes, or before other quasi-judicial agencies
that may or may not have arisen from a disclosure or believed or suspected disclosure.

SECTION 26. Penalty for Discriminatory Hiring. - The penalty of imprisonment of
not more than six (6) months shall be imposed upon any person or employer who shall
deny a qualified applicant for employment, or who shall reject an applicant for
employment solely on the ground that an applicant is a whistleblower or informant for
the State. If the offender is a corporation, partnership, association, or any juridical
person, the penalty shall be imposed upon the owner, president, partner, manager
and/or any responsible officer who participated in the commission of the offense.

The penalty of dismissal from the services and the accessory penalty of suspension of
the right to hold public office shall also be imposed upon the offender who is a public
officer or employee.

In addition, the offender shall be civilly liable to indemnify the whistleblower is such
amount damages as may be awarded and deemed reasonable by a competent court.

SECTION 27. Failure of an Employer to Post Abstract. — The failure to post an
abstract required under Section 19 of this Act shall constitute an offense and shall be
punishable with a fine of One hundred pesos (P 100,000.00) for the first offense. The
amount shall be doubled for every succeeding offense, and punishable with
imprisonment of not more than six (6) months at the discretion of the court. For this
purpose, the president, general manager, or head of agency, office or bureau shall be
held criminally liable and shall suffer the accessory penalty of suspension of the right to
hold public office


SECTION 28. Failure to Act or Report to the Council. — Any person under
obligation to report a disclosure under this Act to the Council, who fails to do so within a
period of two (2) months, or who fails to act thereon or cause an investigation thereof,
shall be held liable and shall suffer the penalty of not more than one (1) month
imprisonment or a fine of not more than Fifty thousand pesos (P 50,000.00) at the
discretion of the court.

SECTION 29. Whistleblower Benefits and Protection Council. —- A Whistleblower
Benefits and Protection Council is hereby created composed of the Overall Deputy
Ombudsman as Chairperson, and the following as members:

a) Prosecutor General, DOJ

b) Special Prosecutor, Ombudsman;

c) Witness Protection Program Director, DOJ;
d) Executive Director, Anti-Money Laundering Council;

) Director, Legal Service, Philippine National Police, in case the respondent is a
member thereof;

f) The Judge Advocate General of the Armed Forces of the Philippines, in case the
respondent is a member thereof,

A representative from the civil society/nongovernment organization involved in anti-
corruption and good governance to be appointed by the Chairperson of the Council,
upon the recommendation of the members thereof, and

A representative from the business sector to be appointed by the Chairperson of the
Council, upon the recommendation of the Philippine Chamber of Commerce and
Industry.

9)

h

The existing personnel of the office of the Ombudsman shall serve as secretariat to the
Council.

SECTION 30. Powers and Functions of the Council. — In addition to its powers
and functions under existing laws, the Council shall have the following powers and
functions:

a) Monitor, coordinate and evaluate all efforts relative to the implementation and
enforcement of the provision of this Act;

Evaluate the disclosure and qualification of whistleblowers or informants for
coverage within this Act, and make the appropriate decision on their entitlement to
the benefits extended herein;

b}

°C}

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;

Develop plans and implement programs to further encourage whistleblowers or
informants on graft and corrupt activities with a view to effective deterrence and/or
prosecution;

Control and administer, consistent with the provision and purposes of this Act, the
protection and benefits of whistleblowers in connection with the cases within the
coverage of Section 4 of this Act;

¢)

e)

f) 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,

g) Grant immunity in accordance with the provision of this Act and its implementing
rules and regulations.


SECTION 31. Appropriations. — The amount necessary to carry out the provisions
of this Act shall be included in the annual General Appropriations Act.

SECTION 32. Implementing Rules and Regulations. —- The Council shall
promulgate such rules and regulations as may be necessary to implement the intent
and purposes of this Act. Said rules and regulations shall be published in two (2)
newspapers of general circulation.

SECTION 33. Separability Clause. - if any portion or provision of this Act or the
application thereof shall be declared invalid or unconstitutional, the validity of other parts
or provisions not affected thereby shall continue to be in full force and effect

SECTION 34. Repealing Clause. - All laws, decrees, executive issuances, rules
and regulations inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 35, Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general circulation.

Approved.