Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1832

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEQDORO.

EXPLANATORY NOTE

His Excellency President Benigno “Noynoy” Aquino declared in his first State of
the Nation Address that there is an urgent need to push for the “Whistleblower's Bill.”
He underscored its importance in our country's drive against the culture of sowing fear
to those who want to expose the corrupt practices and misconduct in government.

Even the Constitution in Article II, 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.

Having in mind the foregoing facts, this proposal seeks to provide sufficient
protection to witnesses of misconduct who would experience retaliation from their
superiors whom they expose. It is observed that most “whistleblowers” are often fired
and become ostracized from friends and co-workers. They are likewise accused of
having a grievance with their employer or trying to profit from their allegations and
exposé. The fear generated by such such retaliation creates a chilling effect on the

willingness of the people to come forward.

Thus, this measure aims to strengthen government and corporate accountability
by supporting and protecting the right of employees to speak about their employers’
misconduct on the job:

MARCELINO “MARCY” R. TEQDORO

Representative, 1st District
City of Marikina


which violates any law or any rule, regualtion, or declaratory ruling adopted pursuant to
law, or any professional code of ethics.

SECTION 3. Protected Activity An employer shall not take any retaliatory action
against an employee because the employee does any of the following

(A) Discloses, threatens to disclose, or is about to disclose to a supervisor or to a
public body, an activity, policy, or practice of the emploer, a co-emploee, or another
employer, that the employee reasonably believes is in violation of a law or a rule or
regulation promulgated pursuant to law, or in the case of an employee who is a licensed
or certified health care professional, reasonably belives constitutes improper quality of
patient care

(B) Provides information to, or testifies before, any public body conducting an
investigation, hearing, or inquiry into any violation of law, or rule or regulation
promulgated pursuant to law by the employer or another employer, or in the case of an
employee who is a licensed or certified health care professional, provides information
to, or testifies before , any public body conducting an investigation, hearing, or inquiry
into the quality of pateint care.

(C ) Disclose, threatens to disclose, or is about to disclose to an supervisor or to
a public body, an activity, policy , or practice of the employee, or another employer, that
theemployee reasonably believes is incompatible with a cleas mandate of public policy
concerning the public health and safety or welfare or protection of the environment

(D) Assists or participates in a processding to enforce the provisions of this law

(E ) Object to, opposes, or refuses to participate in any activity, policy, or practice
which the employee reasonably believes -

(1) is in violations of a law, or a rule or regulation promulgated pursuant to law or,
if the employee is a licensed or certified health care professional, constitutes improper
quality of patient care;

(2) is fraudulent or criminal; or

(3) is incompatible with a clear mandate of public policy concerning the public
health , safety or welfare or protection of the environment.

SECTION 4 . Forum. - Upon a violation of any of the provisions of this Act, an
aggrieved employee or former employee may,within one (1) year, institute a civil action
a court of competent jurisdiction.

SECTION 5. Burden of Proof. - A violation of this statute has occurred only if the
employee demonstrates,by a preponderance of the evidence that any bahavior
described in Section 3 was a contributing factor in the retaliatory action alleged in the
complaints by the employee. However, relief may not be orderd under Section 6 if the
employer demonstrates by clear and convincing evidenc that it would have taken the
same unfavorable personnel action (retaliatory action ) in the absence of such behavior.

SECTION 6. Remedies. - All remedies avaible in tort actions shall be available to the
prevailing plaintiffs. The court shall also, where appropriate, order:

(A) An injunction to restrain continued violation of this Act:

(B) The reinstatement of the employee to the same position held before the
retaliatory action, or to an equivalent position;

(C ) The reinstatement of full fringe benefits, and other remuneration:


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1832

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEQDORO

AN ACT
ESTABLISHING PROTECTION FOR 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 “Whistleblower
Protection Act of 2010.

SECTION 2. Definitions. - As used in this Act:

(A) “Employer” means any individual, partnership, association, corporation, or
any person or group of persons acting directly or indirectly, and shall also include any
public or privately owned corporation, all branches of the government, or any political
subdivision, or a school district, or any special dstrict, or any authority, commission or
board, or any other agency or instrumentality thereof. Employer shall also include
agents, contractors, or subcontractors of an employer.

(B) “Employee” means any individual who performs services for or under the
control and direction of an employer for wages or other remuneration. Employee shall
also include applicants for employment, former employees, or an unauthorized
representative of an employee.

(C) “Public Body” means: (a) Congress, or any popularly-elected local
governmental bidy, or any member or employee thereof, (b) the judiciary, or any
member or employee thereof, (c) any regulatory, administrative or public agency, or
authority, or instrumentality thereof, (d) any law enforcement agency, prosecutorial office
or police or peace officer; (e) any department of an executive branch of government; or
(f) any division, board, bureau, office, committee, or commission of any of the public
bodies described in the above paragraphs of this section

(D)’Supervisor’means any individual with an employer's oragnization who has
the authority to direct and control the work performance of the affected employee or
who has authority to take corrective action regarding the violation of the law,rule,or
regulation of which the employee complains.

(E)" Retaliatory Action’means the discharge, suspension, demotion, harrassment,
blacklisting, or the refusal to hire an employee, or other adverse employment action
taken against an employee in the terms and conditions of employee, or other actions
which interfere with an employee's ability to engage in protected activity set forth in
pertinent laws

(Fy'Improper quality of patient care’means, with respect to pateint care by an
employer that is a health care provider, any practice, procedure, action, or failure to act


(D) The compensation for lost wages,benefits, and other remuneration;
'(E) The payment by the employee of reasonable costs, and attorney's fees; or
(F) Compensatory or exemplary damages.

SECTION 7. Positing. - An employer shall conspicuously display notices of this
employees' protection'and obligations under this Act.

SECTION 8. Preemption. - Nothing in this Act shall be deemed to dimish the
rights,privileges, or remedies of any employee under any law or regualtion or under any
collective bargaining agreements or employment contract. No employee may waive
through a private contract any rigth set forth in this Act, except as set forth in Section 9,
and no employeee may be compelled to adjudicate his or her rigths under this Act
pursuant to a collective bargaining agreements or any other arbitration agreement,

SECTION 9. Settlement. The rigths afforted employees under this Act may not be
waived or modified, except through a court approved settlement agreement reached
with the voluntary participation and consent of the employee and employer. An employer
may not require an employee to waive, as a condition of setlement,his or her right to
reasonably engage in conduct protected under Section 3 of this Act

SECTION 10. Separability Clause. - if any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting

SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, adminstrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified,or amended
accordingly.

SECTION 12. Effectivity Clause. - This Act shalll take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved,