Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

~ 7239
House Bill No.

Introduced by Representative Evelina Escudero

EXPLANATORY NOTE

“Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and
efficiency, act with patriotism and justice, and lead modest lives."

To strengthen accountability and reduce corruption in the public and private sectors, this
bill provides protection, security and benefits to whistle blowers.

Intthis bill. a whistle blower is defined as any person who has personal knowledge or access
to any data, information, fact or event constituting improper conduct; provided that such person
must not have any direct participation in such improper conduct or in cases where such person
participated in any improper conduct, such person is not the guiltiest and shall therefore qualify
as a state witness against the persons subject of such disclosure.

Itis the intention of this bill to encourage citizens to stand up and report alleged violations
of law. improper use of governmental office, gross waste of funds, or any other abuse or gross
neglect of duty on the part of an agency, public officer or employee, and private entity.

Hence, the immediate approval of this bill is urgently sought. ey

EVELINA ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No._ 7239

Introduced by Representative Evelina Escudero

AN ACT PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF
WHISTLEBLOWERS

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Whistleblower
Protection Act."

SEC. 2. Declaration of Policy. — Public Office is a public trust. It is the policy of
the State to promote and ensure fill accountability in the conduct of its officers and
employees, and exact full retribution from those who shall engage in improper
conduct. Toward this end, the State shall:

(A) 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 provided in existing
laws.

SEC. 3. Definitions - As used in this Act:


(A) "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, employ an employee as
defined in this Act.

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

(C) "Public officer/employee" shall refer to any person holding, in any
office or performing any function or duty in the Government of the
Republic of the Philippines by virtue of an appointment, election or
contract.

(D) "Government" shall include the National Government, and any of its
subdivisions, agencies or instrumentalities, including government-owned
and controlled corporations and their subsidiaries, and Local Government
Units.

(F) "Retaliatory action" shall refer to any negative or obstructive response,
reaction or reprisal to a disclosure made under this Act aimed at,
pertaining to, or against a whistleblower or any of the members of his/her
family and relatives up to the fourth civil degree or consanguinity or
affinity, Said actions shall include criminal, civil or administrative
proceedings commenced or pursued against said whistleblower or any of
the members of his/her family or relatives up to the fourth civil degree of
consanguinity or affinity as well as any retaliatory action in the workplace.

(F) “Retaliatory action in the 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.

(G) "Acts constituting improper conduct” shall mean any act or omission
ofa public officer or employee solely, or in cooperation, conspiracy with,
or with the assistance of, private persons which is covered by or constitute
a violation of:

(1) Presidential Decree No. 46 otherwise known as "Making it
punishable for Public Officials and Employees to receive, 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 Conduct and Ethical Standards for Public Officials and

Employes
(4) Republic Act No. 7080 otherwise known as the "Anti-Plunder
Law;"

(5) Title VII of Book Two of the Revised Penal Code on Crimes
Committed by Public Officers; and

(6) All other laws which penalty or sanction any act or omission of a
public officer or employee.

(H) "Whistleblower" shall refer to any person who has personal
knowledge or access to any data, information, fact or event constituting
improper conduct; Provided that such person must not have any direct
participation in such improper conduct, or in cases where such person
participated in any improper conduct, such person is not the most guilty
and shall therefore qualify as a state witness against the persons subject of
such disclosure.

(1) “Qualified Whistleblower” shall mean a whistleblower qualified and
admitted into the Whistleblower's Program of the implementing agency in
accordance with this act and its implementing rules and regulations.

(J) “Implementing Agencies or Agency” shall collectively or individually
refer to the Department of Justice (DOJ), the Office of the Ombudsman,
the Commission on Human Rights (CHR), and the Public Attorney's
Office (PAO).

(K) “Whistleblower Council" shall refer to the Council created and
defined under Section 3 I of this Act.

SEC. 4. Coverage. - Notwithstanding the provisions of law on prescription of
crimes, this Act shall cover all acts constituting improper conduct irrespective of
the time of commission.

SEC. 5. Admission/Qualification to the Program. - Whistleblowers, whether
from the public or private sector, shall be entitled to the 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 acts constituting improper conduct;

(c) The information to be disclosed is admissible in evidence;


(d) The whistleblower appears to be not the most guilty; and

(e) The whistleblower is not a beneficiary of the Act or acts of improper
conduct in the amount of more than one million pesos or any kind of
consideration of the same value

Itis only upon concurrence of the above requisites can a whistleblower be
qualified and thus admitted into the program as provided for in this Act.

SEC. 6. Necessity of Testimony. - The testimony of a qualified whistleblower in
court shall not be necessary for the entitlement or enjoyment of the benefits of this,
Act. In the event that the said whistleblower's testimony is required as found by the
Implementing Agency to be necessary and indispensable for a successful
prosecution of a case, he/she shall he entitled to the additional benefits and
protection under R.A. No. 6981 otherwise known as the Witness Protection
Program, funding for which shall be sourced from the budget as provided under
Section 32 hereof.

SEC. 7. Credibility of a Whistleblower. - In all cases, the fact of the entitlement of
the qualified whistleblower to the protection and benefits provided in this Act shall
not be admissible in evidence to diminish or affect his credibility.

SEC. 8. Perpetuation of Testimony. - Once admitted into the program, a
whistleblower may perpetuate his/her testimony pursuant to Rule 134 of the
Revised Rules of Court.

SEC. 9. Memorandum of Agreement with the Person to be Protected. - Before a
person is provided protection and benefits as a whistleblower for the State, he/she
shall first execute a Memorandum of Agreement with the Implementing Agency
which shall set forth his/her responsibilities as follows:

(A)To provide information to and testify before all branches or agencies
of government in an appropriate proceeding on facts constituting improper
conduct;

(B) To avoid commission of crime;

(C)To take all necessary precautions to preclude detection by others of the
facts concerning the protection provided him/her under this Act;

(D) To cooperate with all reasonable requests of officers and employees
of the government who are providing hinvher protection under this Act;
and


(E) To regularly inform the Implementing Agency's program official
concerned of his/her current activities and address.

SEC. 10. Breach of the Memorandum of Agreement. - Substantial breach of the
Memorandum of Agreement, provided for in Section 9 hereof, shall he sufficient
ground for the termination of the protection and benefits provided under this Act;
Provided, however, that before terminating the same, the Implementing Agency
shall send notice to the qualified whistleblower concerned, stating therein the
reason for such termination; Provided, finally, that substantial breach of the
memorandum of agreement shall be punishable by imprisonment of not less than
six (6) months but not more than one (1) year independent and separate from any
other criminal liability that may be incurred by reason of such breach.

SEC. 11. Confidentiality. - Except insofar as allowed by this Act, during and after
the disclosure, and throughout and after any proceedings taken thereafter, a
qualified whistleblower is entitled to absolute confidentiality as to:

(A) His/her identity;
(B) The subject matter of his/her disclosure; and
(©) The person to whom such disclosure has been made

There shall be no such confidentiality in his/her identity if a
whistleblower makes a public disclosure of acts constituting improper
conduct unless, notwithstanding such public disclosure, he/she has taken
means obviously intended to preserve his/her anonymity.

SEC. 12. Confidential Information. - No person to whom a disclosure has been
made or referred to shall divulge any information that may identify or tend to
identify a whistleblower or reveal the subject matter of such disclosure, except only
as to the following circumstances:

(A)The whistleblower consents in writing prior to such a disclosure of;

(B) The disclosure is indispensable and essential as determined by the
Implementing Agency, taking into consideration the necessary
proceedings to he had after said 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 otherwise.


SEC. 13. Violation of Confidentially. - Any person who shall violate the protection
of confidentiality of a protected disclosure under Sections 11 and 12 of this Act,
shall suffer the penalty of not more than one (1) year but not less than six (6) months.
with the accessory penalty of temporary absolute disqualification for public office,
in case of a public officer or employee, and shall be civilly liable to the
whistleblower in such amount of damages as may be awarded and deemed
reasonable by the court.

The proceedings herein shall be independent of any action that an aggrieved
whistleblower may take before the Civil Service Commission or the Department of
Labor and Employment for unfair or discriminatory practices, back wages, or other
labor dispute, or before other quasi-judicial agencies that may or may not have
arisen from a disclosure, or a believed or suspected disclosure.

SEC. 14. Breach of Duty of Confidentiality. - A whistlebiower who has made a
disclosure under this Act on whom a provision of law, regulation, issuance, practice
or other convention, imposes upon him/her the duty to maintain confidentiality
with respect to any information disclosed is considered not to have committed a
breach thereof.

SEC. 15. Defense of Privileged Communication. - A whistleblower who has
made a disclosure under this Act shall have in any other inquiry or proceeding the
defense of absolute privileged communication with respect to the subject matter of
his/her disclosure or information given to the proper authorities

SEC. 16. False and Misleading Disclosures. - Any person who deliberately and
voluntarily gives false or misleading information in connection with acts or
omissions constituting improper conduct shall be guilty of an offense punishable
by imprisonment of not more than two (2) years and perpetual absolute
disqualification from holding public office, in case of a public officer or employee,
without prejudice to other liabilities under existing laws.

SEC. 17. Protection against Disciplinary Action or Reprisals. - A whistleblower
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 a 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 file notes.

To this end, any employer who has discouraged and imposed sanctions or
reprisals based on workplace interactions. 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 a whistleblower, or anyone believed or
suspected to be one shall be liable for an offense defined under this Act

Any employee who refuses to allow orders of employers that would violate
any provision of this Act shalll 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 Implementing Agency within a period of thirty
(30) days, from the date when the whistleblower last reported for work, stating that
the employee has been qualified as a whistleblower under the provisions of this
Act and its implementing rules and regulations. Provided further that an employer
shall have the option to remove said whistleblower from employment after securing
a clearance from the Civil Service Commission and the Department of Labor and
Employment, whichever the case may be, in case of a prolonged absence due to
transfer or permanent relocation under this Act or R.A. No. 6981.

SEC. 18. Projection against other Actions. - A whistleblower who has made a
disclosure under this Act shall not be subject to any liability whether administrative,
civil, criminal for making such a disclosure. No action, claim or demand may be
taken against a whistleblower for making such disclosure, nor any evidence
presented shall be used against him/her in court; Provided, that the whistleblower
is qualified under Section 5 of this Act.

This protection shall however not apply to a qualified whistlehlower who shall
commit any false or misleading disclosure or commit substantial breach of the
memorandum of agreement,

SEC.19. Discriminatory Hiring. - Any individual, firm, corporation, office or
employer who shall deny a qualified applicant of employment, or who shall reject
his/her application for employment solely on the ground that the applicant is or will
be a whistleblower, shall be guilty of an offense punishable by 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 he civilly liable
to indemnify the whistleblower for damages as may be awarded by the court.

SEC. 20. Retaliatory Action in fie Workplace. - Any person who shall commit any
retaliatory act in a workplace as defined under this Act, against an employee who
is a whistleblower, or believed or suspected to be one, shall he 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 ofa public
officer or employee, and shall be civilly liable to indemnify a whistleblower in case
damages are incurred and as may be awarded by the court.

Toward this end, the 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 the said
whistleblower's intended or actual 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 discriminatory practices, back wages, or other labor
dispute, or before other quasi-judicial agencies that may or may not have arisen
from a disclosure, or a believed or suspected disclosure.

SEC. 21. Penalty for Retaliatory Acts against a Whistleblower. - Any person who
commits any of the retaliatory acts as defined in this Act against a whistleblower
and/or hinders, delays, prevents or dissuades a 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;

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

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

(E) Performing and enjoying the rights and benefits under this Act or attempts
to do so shall be fined not more than One Hundred Thousand Pesos (Php
100,000.00) or suffer imprisonment of or 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.


SEC. 22. Benefits and Security and Protection of a Qualified Whistleblower. - A
qualified whistleblower shall be entitled to an allowance equivalent to his /her daily
basic financial requirement, provided he/she requests for said allowance and the
Implementing Agency determines and approves the reasonableness of such request.

A qualified whistleblower shall likewise be entitled to housing and personal
security regardless of whether the disclosure is made in confidence or in public.

Accordingly, the Implementing Agency is hereby authorized to allocate funds
as provided for in Section 32 hereof for the full satisfaction of the benefits and
security and protection ofa qualified whistleblower,

This section is without prejudice to any benefits a qualified whistleblower may
be entitled to under R.A. No. 6981 provided that the necessary amount shall be
sourced from the budget as provided for in Section 32 hereof and that no
duplication of benefit shall ensue.

SEC. 23. Financial Rewards for Whistleblower. ~ A qualified whistleblower shall
be entitled to corresponding monetary reward on a contingency basis, equivalent
to at least ten percent of the amount which may be recovered or the amount of One
Million Pesos (Php 1,000.000.00), whichever is lower, as a result of his/her
disclosure.

SEC. 24. Abstract. - All government agencies, offices, bureaus and local
government units, 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, including the obligations
of employers under this Act. Such abstract shall be provided in the implementing
rules and regulations.

All government agencies, offices, bureaus and local government units,
including government owned and controlled corporations, whether or not with
original charters, shall likewise put in place internal procedures for dealing with
whistleblowers consistent with the provisions of this Act and its implementing
rules and regulations. Said internal procedure shall he widely disseminated to all
employees.

All other employers, specifically those in the private sector, shall also
conspicuously display notices of their employees' protections and their obligations
under this Act and its implementing rules and regulations.

SEC. 25, Failure of an Employer to Post Abstract- The failure to post an Abstract
or internal procedures as required under Section 5 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. Said amount shall be doubled for every
succeeding offense/s.

SEC. 26. Failure to Act or Report to the Implementing Agency.- Any person under
obligation to report a disclosure under this Act to the Implementing Agency, who
fails to do so within the period of two (2) months, or who fails to act thereon or
cause an investigation hereon shall be guilty of an offense and shall suffer the
penalty of not more than one (1) month imprisonment, and/or a fine amounting to
not more than Fifty Thousand Pesos (Php 50,000.00) without prejudice to any other
liability that may be imposed upon such person under existing laws.

SEC. 27. Confidentiality of the Proceedings. - All proceedings involving
application and/or enjoyment of the benefits under this Act, including any action
taken here on, shall be confidential in nature. No information or documents given
or submitted in support thereof shall be released except upon written order of the
Implementing Agency, and provided such disclosure shall not endanger the life of
a qualified whistleblower.

SEC. 28. Powers and Functions of the Implementing Agencies or Agency. - In
addition to their respective powers and functions under existing laws. the
Implementing Agencies shall:

(a) 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, prosecute or
recommend prosecution of the same when warranted;

(c) Evaluate the qualification of whistleblowers for coverage within this
Act, and whichever the case may be, make the appropriate decision on
their entitlement to the benefits and security and protection extended
herein;

(d) 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;

(e) Develop plans and implement programs to further encourage
whistleblowers on acts constituting improper conduct with a view to
effective deterrence and/or prosecution;

() Control and administer, through coordination and consistent with the
provisions and purpose of this Act, the protection and benefits of


whistleblowers and the funds necessary to carry out the provisions of this
Act;

(g) Call upon, or deputize any department, bureau, 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 accordance with the provisions of this Act and its
implementing rules and regulations.

SEC. 29. Implementing Agency, Option of Whistleblower. - A whistleblower shall
have the right to choose which Implementing Agency he/she intends to be admitted
and qualified as a whistleblower. As such, the Implementing Agency so chosen
shall have the primary jurisdiction and authority to exercise the powers and
functions provided for under Section 28 of this Act.

SEC. 30. Congressional Whistleblower Program. - The Senate and the House of
Representatives may have their own Whistleblower's Program for resource persons
or whistleblowers appearing before them or their respective committees.

The resource person or whistleblower, with his/her express consent, may be
admitted into the program upon the recommendation of the legislative committee
where his/her testimony is needed when in its judgment there is pressing necessity
therefor: Provide-#d That such recommendation is approved by the President of
the Senate or the Speaker of the House, whichever the ease may he.

The Senate or the House of Representative, whichever the case may be, shall
have primary jurisdiction in the administration and implementation of the program
independent from any other agency of government when the investigation or the
safety of the resource person or whistleblower shall be prejudiced.

SEC. 31. Implementing Rules and Regulations. - It is hereby created a
Whistleblower Council which shall be composed of the Implementing Agencies
and headed by the Office of the Solicitor General.

The Council shall be primarily and solely responsible for the drafting and
promulgation of the necessary Implementing Rules and Regulations (IRR) for the
effective implementation of this Act. The Council's submission to Congress of the
approved IRR and the causing of its publication in at least two (2) newspapers of
general circulation shall render the council functus officio.


SEC. 32. Funding. - The amount 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 allocated to carry into effect the purpose of this Act.

Other fiunding schemes or sources that may be authorized under existing laws
shall be allowed in furtherance hereof.

The funds appropriated under this section shall be allocated amongst the
implementing agencies based on actual requirements and as may be provided for
under the implementing rules and regulations; Provided, however, that the initial
amount shall be first released to the Department of Justice.

SEC. 33. Separability Clause. - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected
thereby shall remain valid and subsisting.

SEC. 34. 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.

SEC. 35. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) newspapers of general
circulation.

Approved,