fs
Rewble of he Philos
HOUSE OF REPRESENTATIVES
Queen City

EIGHTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL No. 8483

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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 NEGOTIATION OF A CONTRACT

The Constitution Article Il, 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.

LUIS RAY! “LRAY” ILLAFUERTE, JR.


Rewbli of the Philipines
HOUSE OF REPRESENTATIVES.
Queen City
EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8483

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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 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.”

SECTION 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 had been awarded a public contract, to disclose
information related to a substantial violation of law related to a contract including the
competition for negotiation of a contract.

SECTION 3. Definition of Terms. - As used in this Act, the term
(A) “Contract” means a contract awarded by the head of an executive agency; and
(8) “Contractor” means a person awarded a contract with an executive agency.

SECTION 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 a law related to a contract,
including the competition for or negotiation of a contract.

SECTION 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 who awarded the contract.

Unless the officer designated by the Head of the concerned executive agency
determines that the complaint is frivolous, he shalll 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.

SECTION 6. Remedy and Enforcement Authority. — If the head of an executive agency

determines that a contractor has subjected a person to reprisal prohibited by Section 4 of

this Act, the head of the executive agency may take one or more of the following actions:

(A) Order the contractor to take affirmative action about the reprisal;

(B) Order the contractor to reinstate the person to the position that the person held
before the reprisal together with 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 had not been taken; and

(C) 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.

Whenever a person fails to comply with an order issued pursuant to this Section, the

head of the executive agency shall file an action for enforcement of such order in the

appropriate court for the district in which the reprisal was found to have occurred.

SECTION 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.

SECTION 8. Separability Clause. — If any provision or part thereof, is held invalid or
unconstitutional, the reminder of the law of the provision not otherwise affected shall
remain valid and subsisting.

SECTION 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.

Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspaper of general circulation.

Approved,