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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced by Senator LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Constitution, Article 2, 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. 
In consideration of the above premises, early approval of this bill, is earnestly 
sought. 
LUISA “LOP!. 
EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced by Senator LUISA "LOI" P. EJERCITO ESTRADA 
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 OR NEGOTIATION OF A CONTRACT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress nssem bled: 
Section 1. SJzort 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 have been awarded a public contract, to disclose 
information related to a substantial violation of law related to a contract, including the 
competition for or negotiation of a contract. 
Section 3. Definition of Terms. - As used in this Act: 
(2) 
The term "contract" means a written agreement entered into by the head of 
an executive agency and the contractor. 
(3) 
The term "contractor" means a person awarded with a contract by 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 aLithorized official of an executive agency or the Department 
of Justice information relating to a substantial violation of law related to a contract, 
including the competition for or negotiation of a contract. 


Section 5. Investigation of Complaiizts. - 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 which awarded the contract. 
Unless the officers designated by the head of the concerned executive agency 
determines that the complaint is frivolous, he shall 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. - (A) If the head of an executive 
agency determines that a contractor has subjected a person to a reprisal prohibited by 
Section 4 of this Act, the head of the executive agency may take one or more of the 
following actions: 
(1) 
(2) 
Order the contractor to take affirmative action to abate the reprisal; 
Order the contractor to reinstate the person to the position that the 
person held before the reprisal, together with the 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 has not been taken. 
(3) 
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. 
(B) Whenever a contractor fails to comply with an order issued under paragraph 
(A), the head of the executive agency shall file an action for enforcement of such order in 
the appropriate court having jurisdiction over the principal place of work of the 
contractor. 


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 modi& or derogate from a 
right or remedy otherwise available to the employee. 
Section 8. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder or the law of the provision not otherwise affected shall 
remain valid and subsisting. 
Section 9. Repealing CZause. - 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 (1 5 )  days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,