Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 132
Introduced by Reps. TEODORO A. CASINO and NERI JAVIER COLMENARES

EXPLANATORY NOTE

‘This bill seeks to support the people's efforts to rid the government of corruption by setting,
up a-system of rewards and protection for whistleblowers and their families. Such a measure
is in consonance and furtherance of the constitutional mandate that a public office is a
public trust and where honesty and integrity shall be maintained at all times.

“The lack of a legal framework for rewards, protection and security to whistleblowers has
resulted in their minimal protection from probable retaliation, trial by publicity, outright
miscarriage of justice or summary execution.

This being the case, corrupt government officials and employees are emboldened to engage
in nefarious activities as they feel little fear of exposure or being caught and brought to
justice. Meanwhile, potential whistleblowers are discouraged, demoralized and dissuaded
because they anticipate nothing but hardship when evaluating the effect of any disclosure.
Such circumstances aggravate the worsening condition of graft and corruption in the
country.

“Thus, a mechanism to secure the person of a whistleblower and counter the stigma of
ostracism must be set up so that any potential whistleblower or informant on graft and
corrupt activities will not hesitate to come out in the open.

This bill will set up such a mechanism specifically by: (I) establishing a monetary reward
system for the benefit of whistleblowers; (2) protecting informants against reprisals and
against civil or criminal liability when they make public interest disclosures; (3) securing the
safety of whistleblowers and their families; (4) ensuring that public disclosures are made to
the proper public authorities; (5) ensuring that inappropiate publication of unsubstantiated
disclosures does not happen, and (6) ensuring that proper records on disclosures are kept
and safeguarded.

In view of the foregoing, immediate approval of thi mneasure is souglt.

Bayan Muna Party-list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session 4 5

HOUSE BILL NO.

Introduced by Reps. TEODORO A. CASINO and NERI JAVIER COLMENARES

AN ACT PROVIDING FOR PROTECTION, SECURITY AND BENEFITS
OF WHISTLEBLOWERS AND FOR OTHER PURPOSES

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

SECTION 1. Name of the Act. - This Act shall be known as the "Whistleblower Act
‘of 2010.”

SECTION. 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 graft and corrupt practices.
‘Towards this end, the State sha

(@) maintain honest and 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

(©) 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 or an informant of more or higher benefits provided in existing laws.

SECTION 3. Definition of Terms. - As used in this Act, the following terms shall mean:

(@) "Acts constituting graft and corruption” shall mean any conduct, act or omission of
public officers and employees solely, or in cooperation or conspiracy with private persons
which are covered by, or constitute as violations of:

1,) Republic Act No. 3019;

2) Republic Act No. 6713;

3,) Republic: Act No. 7078;

4) Presidential Decree No. 46;

5, Titles II and VII of Book Two ofihe Revised Penal Code.


(b) "Employee" shall mean any person who is made to suffer 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.

(©) "Employer" 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 or on behalf of said individual, partnership, association, corporation or entity, ,
hires an employee as defined in this Act.

(@) "Government" includes the National Government, and any of its subdivisions, agencies
or instrumentalities, including government-owned and controlled corporations and their
subsidiaties, and the Local Government Units.

(©) "Whistleblower" shall mean an informant or any person who has privileged or
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 shall
deliberately disclose of individual, collective or organized conduct constituting graft and
corruption as provided in this Act.

(0) "Public officer" shall mean any person holding any public office in the Government
of the Republic of the Philippines by virtue of an appointment, election or contract.

(@) "Retaliatory action" shall mean any negative or obstructive responses, reactions or
reprisals to a disclosure made under this Act aimed at, pertaining to, or against a
whistleblower or an informant ot any of the members of his/her family and relatives up to
the fourth civil 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 his family of relatives up to the second degrce of consanguinity or affinity as
well as retaliatory action in the workplace.

(h) "Retaliatory action in workplace” shall mean any discriminatory conduct or 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.

(i) "Qualified Whistleblower" shall mean an informant ot any person qualified and
admitted into the Whistleblower's Program of the Office of the Ombudsman in accordance
with this Act and the Rules and Regulations.

SECTION 4. Coverage - Conduct constituting graft and corruption, whether
commenced or consummated before the effectivity of this Act, shall mean any conduct,
acts or omissions of public officers and/or employees solely, or in cooperation or
conspiracy with private persons;-which are covered by, or amount to violations of:

1) Presidential Decree No. 46 otherwise known as "MAKING IT.


PUNISHABLE FOR PUBLIC OFFICIALS AND FOR PRIVATE,
PERSONS TO GIVE GIFTS ON ANY OCCASION INCLUDING.
CHRISTMAS";

2.) Republic Act No, 30.19 otherwise known as "“ANTI-GRAFT AND
CORRUPT PRACTICES ACT;

3.) Republic Act No. 6713 otherwise known as "AN ACT ESTABLISHING

A CODE OF ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES, TO UPHOLD THE TIME.. HONOREDPRINCIPLE OF
PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES
AND REWARDS .FOR EXEMPLARY SERVICE, ENUMERATING
PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES";

4.) Republic Act No. 7078 otherwise known as the "ANTI-PLUNDER LAW;

5.) Titles 11 and VII of Book Two of the Revised Penal Code on "CRIMI
AGAINST THE FUNDAMENTAL LAWS OF THE STATE and CRIMES
COMMITTED BY PUBLIC OFFICERS".

SECTION 5. Admission to the Program. - Whistleblowers or informants whether from
the public or private sector, shall be entitled to the benefits under this Act, provided, that
all the Following requisites concur:

(@) The disclosure is voluntary, in writing and under oath;

(b) The disclosure relates to conduct constituting graft and corruption under this
Act;

(© The disclosure is not yet subject of a complaint filed with the Office of the
Ombudsman or investigated by any other investigating agency, unless, in

the opinion of the Ombudsman, such disclosure is necessary for an

effective and successful investigation ot prosecution, or essential for the
acquisition of material evidence not yet in its possession;

(@ The information given by the whistleblower can be corroborated; and

(©) 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 filing of a criminal complaint or information before a court

of competent jurisdiction.

SECTION. 6. Necessity of Testimony. - The testimony of a whistleblower in court shall
not be necessary for the entitlement or enjoyment of the benefits of this Act. In the event
that the a whistleblower's testimony is required as found by the Office of the Ombudsman
to be necessary and indispensable for a successful prosecution of a case, he shall be entitled
to the additional benefits and protection under Republic Act 6891, otherwise known as the
Witness Protection Program.

SECTION 7. Memorandum of Agreement with the Person to be Protected, - Before a
person is provided protection as a whistleblower or informant for the State, he or she shall


first execute a Memorandum of Agreement which shall set forth his/her responsibilities
including the following:

(@) To provide information to and testify before all appropriate law enforcement
officials concerning any appropriate proceeding in connection with or arising from
the activities involved in the offense subject matter thereof,

(b) To avoid a commission of a crime;

(©) To take all necessary precautions to avoid detection by others of the facts
concerning the protection provided him or her under this Act;

(@ To cooperate with respect to all reasonable requests of officers and employees of
the government who are providing him //her protection under this Act; and

(©) To regularly inform the. appropriate program official of his 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 termination of the protection

provided under this Act; Pronided, however, that before terminating the same, the
Ombudsman shall send notice to a whistleblower concemed, stating therein the reason for
‘such termination. Reasonable time shall be afforded a whistleblower or informant to take
appropriate and necessary measures for his/her protection and security in view thereof.

SECTION 9. Protection against other Actions. - A whistleblower or any person who
hhas made a disclosure under this Act shall not be subject to any liability whether
administrative, civil. criminal or other proceedings for making such a disclosure or acts in
relation thereto. No action, claim or demand may be taken against a whistleblower for
making such disclosure, nor any evidence presented shall be used against him in court.

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

SECTION 10. Defense of Privileged Communication, - \ 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 his /her disclosure
or information given to the proper authorities.

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

(@) His identity;
(b) The subject matler of his disclosure; and
(6) The person to whom such disclosure was made.

‘There shall be no such confidentiality in his/her identity if'a whistleblower or an
informant makes a public disclosure of a conduct constituting graft and corruption unless,
notwithstanding such public disclosure, he has taken means and measures obviously
intended to preserve his anonymity.


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

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

(@) The whistleblower consents in writing prior to a disclosure of an information;

(b) The disclosure is indispensable and essential as determined by the Office

of the Ombudsman, having regard to the necessary proceedings 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. - \ whistleblower
or a person 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 retaliatory action in a workplace or prejudicial
conduct towards whistleblower, such as: discriminatory actions behind policies and
procedures. reprimand, punitive transfers, unwarranted referral to a psychiatrist or
counselor, and undue poor performance reviews. Other prejudicial conducts include
obstruction of an investigation, withdrawal of essential resources, undue reports and the
attachment of unfair personnel tile 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
attacks 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 d 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 Office of the Ombudsman, 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 Office of the Ombudsman and the Department of Labor
and Employment in case of a prolonged absence due to transfer or permanent relocation
under this Act or R. A No. 6891.

SECTION 15. Security and Protection of a Whistleblower - When determined to be
necessary and appropriate by the Office of the Ombudsman, a whistleblower, even if the
disclosure is made in confidence, shall be entitled to personal security. Should, at
anytime, the identity of the informant be revealed, or his anonymity compromised, the
whistleblower shall, in addition to the other benefits under this Act, and when warranted,
be entitled to the benefits of R. A. No. 6891.

SECTION 16. Confidentiality of the Proceedings. - All proceedings involving
Application and/or enjoyment of the benefits under this Act, under the Office of the
Ombudsman, 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 Office of the Ombudsman, and provided such disclosure shall
not endanger the life of a qualified whistleblower.

SECTION 17. Financial Rewards for Whistleblowers. - The whistleblower shall be
entitled to a corresponding monetary reward in accordance with the provisions of this Act
and the implementing Rules and Regulations.

‘The informant shall receive an amount in accordance with the following schedule:

SALARY GRADE OF MOST SENIOR FINANCIAL REWARD OF
RESPONDENT QUALIFIED WHISTLEBLOWER
33 3,000,000
32 4,000,000
31 3,000,000
30 2,500,000
29 2,000,000
28 1,500,000
27 1,000.00
26 900,00
24-25 800,00
22-23 700,000
20-21 600,000
18-19, 500,000
16-17 400,000
1415 300,000
12-13 200,000
10-11 100,000
x9 75,000
i 50,000



Upon being qualified as a whistleblower and admitted to the program by the Office of the
Ombudsman, fifty percent (50%) of the reward shall be given to the qualified whistleblower.
‘The remaining fifty percent (50%) shall be given prior to the filing of a case in a proper
court.

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 amount recovered by final
judgment.

During the pendency of the case, however, a whistleblower shall be advanced the
amount equivalent to not less them twenty five percent (25%) of the additional reward of
the total award due consistent with the nature of the case and the amount involved and
deemed recoverable. This shall be given in accordance with the Rules and Regulations
implementing this Act.

SECTION 18. Abstract. - All government agencies, offices, bureaus and local
government units, including government-owned or controlled corporations, whether or
nor 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 Rules and Regulations.

All government agencies, offices, bureaus and local government units, 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 19. Credibility of an Informant. -In all cases, the fact of the entitlement of
the qualified whistleblower or informant to the protection and benefits provided in this
Act shall not be admissible in evidence to diminish or affect his credibility.

SECTION 20. Penalty for Retaliatory Acts against Whistleblower, - Any person
who commits any of the retaliatory acts as defined in this Act against a qualified
whistleblower or informant and/or hinders, delays, prevents or dissuades said
whistleblower from:

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

(b) Reporting to a law enforcement officer or judge the commission or possible
commission of an offense, or a violation of conditions of probation, parole, or
release pending judicial proceedings;

(6) Seeking the arrest of another person in connection with the offense;

(@ Causing a criminal prosecution, or n proceeding for the revocation of a

parole ot probation; and

(© Performing and enjoying the rights and benefits under this Act or attempt

to do so


Shall be fined not more than One Hundred Thousand Pesos (Php 100,000.00) 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.

SECTION 21. Violation of Confidentiality. - Any person who violates the protection of
confidentiality of a protected disclosure under Sections 10. 11, 12 and 15 0 f this Act,

shall suffer the penalty of not more than six (6) years but not less than six (6) months

with an accessory penalty of temporary absolute disqualification for public office in case

of a public officer or employee, shall be civilly liable to indemnify the informant in

such amount of damages as may be awarded and deemed reasonable by a competent

court.

SECTION 22. Retaliatory Action in tire Workplace. - Any person who shall commit
any retaliatory act in a workplace as defined in this Act, against an employee who is a
whistleblower or an informant 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 office in case or a public officer
or employee, and shall be civilly liable to indemnify a whistleblower of damages as may.
be awarded by a competent court.

‘Toward this end, an 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 whistleblower’ disclosure.

“The proceedings herein shall_ be independent of any action that an aggrieved

person may take before the Civil Service Commission or the Department of Labor and
Employment for unfair or discriminatory practices, back wages, 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 23. Discriminatory Hiring.- Any person, firm, corporation, office or
employer who shall deny a qualified applicant for employment, or who shall reject his
application for employment due to knowledge, belief or suspicion that an applicant is a
whistleblower or informant for the State, 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 indemnity the informant of damages as may be awarded by a
competent court.

SECTION 24. Failure of an Employer to Post Abstract. - The failure to post an
Abstract required under Section 17 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. The amount shall be doubled for every succeeding offense, and shall
suffer an imprisonment of not more than six (6) months at the discretion of the court with
the accessory penalty of suspension of the right to hold public office in case of a public


officer or employee. For this purpose, the president, manager, or head of an office, bureau
‘or agency shall be held responsible.

SECTION 25. Failure to Act or Report to the Office of the Ombudsman. - Any person
under obligation to report a disclosure under this Act to the Office of the Ombudsman,
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 guilty of an offense and shall suffer the penalty of not

more than one, (1) month imprisonment. and/or a fine amounting of not more than Fifty
Thousand Pesos (Php 50,000,00)..

SECTION 26. False and Misleading Disclosures. - Any person who deliberately and
voluntarily gives false or misleading information in connection with conduct constituting
graft and corruption under this Act shall, in addition to penalties under other laws, be
guilty of an offense and shall suffer the penalty of imprisonment of not more than twelve
(12) years and shall also suffer the penalty of pecpetual absolute disqualification from
holding public office in case of public officer or employee, in addition to other criminal
and civil liability he may incur under existing laws.

SECTION 27. Powers and Functions of the Ombudsman. - in addition to its powers
and functions under existing laws, the Office of the Ombudsman shall have the following
powers and functions:

(@) 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 and prosecute the same
when warranted;

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

(@ 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 provisions and purposes of this
Act, the protection and benefits of whistleblowers in connection with the
cases within the coverage or Section 4 of this Act,

(@, Call upon, or deputize any department, burcau, 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 accocdance with the provisions of this Act and its
implementing rules and regulations.

SECTION 28. Implementing Rules and Regulations, - The Office of the Ombudsman
shall promulgate such Rules and Regulations as maybe 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 29. Repealing Clause. -- All laws, decrees, executive issuances, rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 30. Funding. ~‘Ihe amount of 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 appropriated to carry into effect the purpose of this Act.

Other funding schemes or sources, subject to the limitation, shall be allowed in
furtherance hereof.

SECTION 31. Separability Clause. ~ "The declaration of unconstitutionality or invalidity
of any provision of this Act shall not affect the other provision hereof.

SECTION 32. Effectivity Date. - This Act shall take effect after fifteen (15) days
following its publication in two (2) newspapers of general circulation.

Approved,