4 HOUSE OF REPHCSENTATIAIES
RECEIVED
20 NUL 2018

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
SEVENTEENTH CONGRESS RICISTRATION UNIT
First Regular Session BILLS AND SERVI

1762

HOUSE BILL No.

Introduced by Reps. CARLOS ISAGANI T. ZARATE, ANTONIO L. TINIO,
EMMI A. DE JESUS, FRANCE L. CASTRO, ARLENE D. BROSAS,
ARIEL B. CASILAO, and SARAH JANE I, ELAGO.

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

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 litte 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. Such circumstances also
perpetuate a state of impunity in the management of the country’s already limited resources.

‘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: (1) establishing a monetary reward system for
the benefit of whistleblowers; (2) protecting informants against reprisals and against civil or crimin:
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.


‘This Bill is mainly from the substitute bill approved by the Committee on Justice during the 16"
Congress. The WhistleBlower Protection Bill was first filed by Bayan Muna Rep. Satur Ocampo in
2005, then refiled thereafter by Bayan Muna representatives in the next Congresses. In the 15"
ingress, House Bill 132 co-authored by Bayan Muna Representatives Teddy Casino and Neri
Colmenares was substituted by House Bill $715, which was approved on third and final reading by
the House of Representatives. In the 16" Congress, House Bill 348 filed by Bayan Muna Reps. Neri
Colmenares and Carlos Isagani Zarate was consolidated with other bills into the substitute bill
approved by the Committee on Justice

In view of the foregoing, immediate approval of this measure is sought.

Approved,
P oe .
Rep. CARROS PALO re
Bayan Muna Party-lst
Rep. ANTONIO L. TINIO Rep. EMMI A. DE JESUS
ACT Teachers Party-list Gabriela Women’s Party
Rep. FRANCE L. CASTRO Rep. ARLENE D. BROSAS
ACT Teachers Party-list Gabriela Women’s Party
Rep. ARIEL B. CASILAO Rep. SARAH JANE I. ELAGO
Anakpawis Party-list Kabataan Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1762

HOUSE BILL No.

Introduced by Reps. CARLOS ISAGANI T. ZARATE, ANTONIO L. TINIO,
EMMI A. DE JESUS, FRANCE L. CASTRO, ARLENE D. BROSAS,
ARIEL B. CASILAO, and SARAH JANE I. ELAGO

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

Beit 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,
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 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 shall

(@) 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

(©) 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:

(a) Adts constituting graft and comuption refer to 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, otherwise known as the “Anti;-Graft and Corrupt Practices Act”;
2.) Sections 7, 8 and 9 of Republic Act No. 6713, otherwise known as the “Conduct and Ethical
andards 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.

(©) Employee refrs to any person who is made to suffer work by, ot 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 refers to any individual, partnership, association, corporation or entity, including the
government, or any person ot 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 refers to the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned and -controlled corporations and their subsidiaries,
and the local government units (LGUs),

(® Informant refers to any person who has personal knowledge ot 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) Prmgram refers to the “Whistleblower Protection, Security and Benefit Program” which the
Council shall formulate and implement pursuant to this Act.

(h) Public ofcer refers to any person holding any public office in the Government of the Republic of
the Philippines by virtue of an appointment, election of contract.

(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 degtee of consanguinity or affinity including, but not limited to, criminal,
civil or administrative proceedings commenced or pursued against said whistleblower ot any of the
members of the family or relatives up to the second degree of consanguinity or affinity as well as
reprisal in the workplace,

@) 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 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.


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

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 persons which are
covered by, or amount to violations of Presidential Decree No. 46; Republic Act No. 3019; Sections
7, 8 and 9 of Republic Act No. 6713; Republic Act No. 7080; and Tide VII, 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 ot 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 the acquisition of material evidence not yet in the possession of the Council;

(@ 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 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 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 inquities, in aid of legislation, and before any
law enforcement official 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 involving moral turpitude;

(©) To take all necessary precautions to avoid detection by others of the facts concerning the
protection provided under this Acts

(@) 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 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 reason
thereof and acts in relation to subject of disclosure.

SECTION 10. Defense of Privileged Communication. - 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 ta disclosure, and
throughout and after any proceeding taken thereafter, a whistleblower or an informant is entitled to
absolute confidentiality as to:

(a) Whistleblower’s identity;
(b) The subject matter of the disclosure; and
(©) The person to whom such disclosure was made.

‘There shall be no such confidentiality of identity 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 his
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. 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 under the following circumstances:


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

(b) The disclosure is indispensable and essential as determined by the Council, 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. - A whistleblower who has
made ot 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 ot 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,
ot who encourages, causes or does retaliatory action or reprisal against the whistleblower ot anyone
believed ot 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: Provided, That if the employer
exercises acts of reprisals such as dropping the employee-whistleblower from the roll without first
securing a clearance from the Council and the Department of Labor, the whistleblower shall be
entitled to re-instatement with full back wages.

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 this 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 of __If the case is not susceptible
pecuniary estimation of pecuniary estimation

Upon admission into the 200,000.00 100,000.00

program

Upon filing of the case with P100,000.00 P 50,000.00

the Office of the
Ombudsman

Upon completion of the 100,000.00 P 50,000.00
testimony of the
whistleblower

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

SECTION 18. Retura of the Amount Received as Financial Rewards, — A whistleblower
admitted into the Program who deliberately and voluntarily gives false ot 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 ot
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 Reprisal in the Workplace. ~The penalty of imprisonment of not
more than six (6) years but not mote than twelve (12) years shall be imposed upon any person who
shall commit any act of reprisal in a 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 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 in such amount of damages as may be awarded and
deemed reasonable by a competent court.

‘Toward this end, an aggrieved whistleblower shall be entitled to the provisional remedy of
injunction against any reprisal in the workplace, prejudicial conduct, ot discriminatory treatment by
reason of whistleblower's 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 22. Penalty for Reprisal against Whistleblower, ~The penalty of imptisonment of
not less than (6) years but not more than twelve (12) years or a fine of not more than One Hundred
Thousand Pesos (Php100,000.00) 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:

@) 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 ot possible commission of
an offense, or a violation of conditions of probation, parole, or release pending judicial
proceedings;

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

(@) Causing a criminal prosecution, or any proceeding for the revocation of a parole or
probation; and

(© Performing and enjoying the rights and benefits under this Act or attempt to do so:
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 23. Penalty for Unjustified Recantation, ~The unjustifed 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 24. Penalty for Giving False and Misleading Information. - ‘The penalty of
imprisonment of not less than six (6) months but not more than six (6) years and a fine equivalent to
the amount received by the whistleblower as financial rewards shall be imposed upon a
whistleblower who deliberately and voluntarily gives false or misleading information in connection
with acts 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 be also be imposed. In addition, the offender may
be held criminally and civilly liable under existing laws.

SECTION 25. Penalty for Coercing, Inducing or Compelling an Informant or
Whistleblower to Give False and Misleading Information, ~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
coerces, induces, compels an informant or whistleblower to give false ot misleading information in
connection with acts 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 be also be imposed. In addition, the
offender may be held criminally and civilly liable under existing laws.

SECTION 26. Penalty for Violation of Confidentiality. -- The penalty of imprisonment of not
Jess 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 27. Penalty for Discriminatory Hiring.- Penalty for Discriminatory Hiring.-’The
ly ry Hiring: ty ty Hiring.
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 application 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, ot any juridical person, the penalty shall be
xp P: ip yj Pe penalty
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 service 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 in such amount of
damages as may be awarded and deemed reasonable by a competent court.

SECTION 28. 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

10


of One Hundred Thousand Pesos (Php 100,000.00) for the first offense. The amount shall be
doubled for every succeeding offense. For this purpose, the president, general manager, or head of
agency, office or bureau shall be held civilly and administratively liable under this Act.

SECTION 29. 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 ot cause an investigation thereof, shall be held liable and shall suffer the
penalty of not more than one (1) month imprisonment of a fine of not more than Fifty thousand
pesos (Php50,000.00) at the discretion of the court.

SECTION 30. 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;
(©) Witness Protection Program Director, DOJ;
(@ Executive Director, Anti-Money Laundering Council; and
(6) 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.

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

SECTION 31. 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 provisions of this Act;

(b) 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;

(6) 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
of Section 4 of this Act;

( Call upon, ot deputize any department, bureau, office or any other government agency or
public official to assist in the effective implementation and enforcement of this Acts

@ Request any member of the civil society and/or civic organization to assist in the effective
implementation and enforcement of this Act; and

(6) Grant immunity in accordance with the provisions of this Act and its implementing rules
and regulatio:

ll



SECTION 32. Creation of the Whistleblower Protection Service. ~ A protection program for
the benefit and protection of the whistleblowers in pursuit of the provisions of this Act, and which
is called the Office of the Ombudsman’s Whistle Protection Service (WPS), is hereby created. The
WPS shall be controlled and administered by the Office of the Ombudsman and shall serve as the
Secretariat of the Whistleblower's Protection Council

The WPS shall be responsible for receiving and processing the application for admission of an
informant together with the evidence, and transmitting the same within fifteen (15) days from
receipt thereof for assessment and evaluation of the Council

SECTION 33. Appropriations, ~The amount necessary to catry out the provisions of this Act
shall be included in the Annual General Appropriations.

SECTION 34. Implementing Rules and Regulations. - Within fifteen (15) days from the
ffectivity of this Act, the Council 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 35. Separability Clause. - If any portion or provision of this Act ot the application
thereof shall be declared invalid or unconstitutional, the validity of other parts ot provisions not

affected thereby shall continue to be in full force and effect.

SECTION 36. Repealing Clause. -- All laws, decrees, executive issuances, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 37. Effectivity Clause. - This Act shall take effect after fifteen (15) days following its
complete publication in two (2) newspapers of general circulation.

Approved,

12