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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

EIGHTEENTH CONGRESS
First Regular Session

089
House Bill No.

Introduced by HONORABLE ROSE MARIE ‘BABY’ J. ARENAS

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

EXPLANATORY NOTE

Corruption reinforces poverty because it diverts scarce resources, which
otherwise, could help them. The Philippines is the 13 most populated country in
the world, between Mexico and Ethiopia. According to the United Nations
estimate, our population is likely to grow to 109 million from 2018's 106 million.
About one fifth of the Philippine population qualifies as poor.

Corruption is the scourge of the poor. It reinforces poverty because it
diverts scarce resources which, otherwise, could be used to help the poor. Poverty
marginalizes them from the decision-making process, hence they are unable to
extract themselves from this vicious cycle, of the poor getting poorer.

Republic Act No. 3019 states that it is the policy of the Philippine
Government, in line with the principle that a public office is a public trust, to
repress certain acts of public officers and private persons alike which constitute
graft or corrupt practices or which may lead thereto.

Sadly, this legal framework is not enough to curb corruption in all levels of
government. In fact, the 2014 report by Global Financial Integrity, the Philippines
lost about $410.5 billion, within the 52-year time span between 1960 and 2011,
on illicit financial flow which in current exchange rates, is more than P20 trillion,
without accounting for inflation. According to the 2018 Corruption Perceptions
Index reported by Transparency International, the Philippines ranked the 99th
least corrupt nation out of 175 countries. Corruption Rank in Philippines averaged
93.17 from 1995 until 2018, reaching an all-time high of 141 in 2008 and a record
low of 36 in 1995.


The difficulty in combating corruption lies in its very nature of being
committed behind closed doors and well beyond the purview of the public eye.
This is where the importance of obtaining credible witnesses, with reliable
information regarding the corrupt practices of government officials or employees
comes into place.

This proposed legislation seeks to encourage whistleblowers to come into
the open and put an end to the corrupt acts of these government officials and
employees. At the same time, it aims to strengthen the present machinery in
ensuring the full protection and security of these brave witnesses against any form
of retaliation or ostracism. A rewards and benefits system will also be established
in order to ensure the livelihood and welfare of these whistleblowers.

In order, however, to protect the public, a rigid procedure will also be
enforced in order to prevent any abuse of the provisions of this Act as well as to
prevent false testimonies that will only wreck more havoc into our society.

In view of the above premises, the immediate approval of this bill is
urgently sought.

ROSE MARIE 4 J


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__4089

Introduced by HONORABLE ROSE MARIE ‘BABY’ J. ARENAS

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

Be enacted by the House of the Representatives of the Philippines in Congress
assembled:

Section 1, Title of the Act. - This Act shall be known as the
“Whistleblower Act of 2019”.

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 grant and corrupt practices. Towards this end, the State
shall;

a Maintain honest and high standards of integrity in the public
service;

», Safeguard the national interest through the prosecution of
corrupt and erring public officials and employees; and

c. 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 under 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 the laws enumerated in
Section 4 of this Act;

“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,
employs 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 subsidiaries, and the
local government units;

“Whistleblower” shall refer to an informant or any person who
has privileged or personal knowledge or access to data, events or
information and who shall deliberately disclose any individual,
collective, or organized conduct of any public officer/s and
employees constituting graft and corruption as defined under this
Act;

“Public officer” shall refer to 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 refer to any negative or obstructive
response, reaction or reprisal to the disclosure made under this
Act aimed at, pertaining to, or against a whistleblower or an
informant or any of the members of his/her family and relatives
up to the fourth civil degree of consanguinity or affinity. Said
action shall include criminal, civil or administrative proceedings
commenced or pursued against said whistleblower or any
member of his family or relative up to the second degree of
consanguinity or affinity, as well as any retaliatory action in the
workplace;

“Retaliatory action in the workplace” shall refer to any
discriminatory conduct or policy which affects the promotion or


job assignment, including undue negative performance appraisal,
close monitoring by supervisors, unwarranted criticism or
avoidance by co-employees, blacklisting from other job
opportunities, or prejudicial transfer by reason of the disclosure
made under this Act;

i “Qualified Whistleblower” shall mean an informant or any person
qualified and admitted into the Whistleblowers’ Protection
Program of the Office of the Ombudsman in accordance with this
Act and its rules and regulations.

Section 4. Coverage. - Conduct constituting graft and corruption,
whether or not commenced or consummated before the effectivity of this
Act, shall mean any conduct, act or omission of public officers and
employees solely, or in cooperation or conspiracy with private person/s,
which are covered by, or amount to violations of:

1. Presidential Decree No. 46;

2. Republic Act No. 3019;

3. Republic Act No. 6713;

4. Republic Act No. 7080; and

5. Titles II and VII of Book 2 of the Revised Penal Code.

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:

a. The disclosure is voluntary, in writing and under oath;

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

c. 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 a disclosure is necessary for an effective and successful
investigation or prosecution, or essential for the acquisition of
material evidence not in its possession;

d. The information given by the whistleblower can be corroborated;
and


. The information disclosed leads to the 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. Necessary of Testimony. - The testimony of the
whistleblower in court shall not be necessary for the entitlement or
enjoyment of the benefits of this Act. In the event that the Whistleblower’s
testimony is required as found by the Office of the Ombudsman, to be
necessary and indispensable for the successful prosecution of a case, he
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 Person to be Protected.
- Before the person is provided protection as a whistleblower or informant
of the State, he shall first execute a Memorandum of Agreement which shall
set forth his/her responsibilities including the following;

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

b. Toavoid the commission of a crime;

c. To take all necessary precautions to avoid detection by others of
the facts concerning the protection provided him under this Act;

4. 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

e To regularly inform the appropriate program official of his
current activities and address.

Section 8. Breach of Memorandum of Agreement. - Substantial breach
of the Memorandum of Agreement shall be ground for the termination of
the protection provided under this Act; Provided, however, that before
terminating the same, the Ombudsman shall send notice to the
whistleblower concerned, stating therein the reason for such termination.
Reasonable time shall be afforded the 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 has made a disclosure under this Act, shall not be subject to any


liability, whether administrative, civil, criminal or other proceedings for
making such disclosure or acts in relation thereto. No action, claim or
demand may be taken against a whistleblower for making such disclosure
nor shall any evidence presented be used against him in court and other
administrative or quasi-judicial agency/body.

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 to disclosure, by reason thereof and acts in
relation to the 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 his/her disclosure or information given to the proper
authorities.

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

a. His identity;
b. The subject matter of his disclosure; and
c. 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 as defined in this Act unless,
notwithstanding such public disclosure, he/she has taken means and
measures obviously intended to preserve his/her anonymity.

Section 12. No Breach of Duty of Confidentiality. - An informant who
has made a disclosure under this Act on whom provision of law, regulation,
issuance, practice or 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 disclose 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:


a The whistleblower consents in writing prior to the 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.

Sec. 14. Protection against Disciplinary Actions or Reprisals. - A
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 the
workplace or prejudicial conduct towards the whistleblower, such as
discriminatory action behind polices and procedures, reprimand or
punitive transfer, 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 shall discourage and impose sanctions
or reprisals based on workplace 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 an
informant 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 informant last
reported for work. Provided further that an employer shall have the option
to remove such whistleblower from employment after securing a clearance
from the Office of the Ombudsman or 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.

Sec. 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. 6981.

Sec. 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.

Sec. 17. Financial Rewards for Informants. - The whistleblower shall
be entitled to a corresponding monetary reward in accordance with the
provisions of this Act and its implementing rules and regulations.

The whistleblower or informant shall receive an amount in
accordance with the following schedule;

Salary Grade of the Most | Financial Reward of Qualified
Senior Respondent Whistleblower (in Pesos)
33 5,000,000.00
32 4,000,000.00
31 3,000,000.00
30 2,500,000.00
29 2,000,000.00
28 1,500,000.00
27 1,000,000.00
26 900,000.00.
24-25 800,000.00
22-23 700,000.00
20-21 600,000.00
18-19 500,000.00
16-17 400,000.00
14-15 300,000.00
12-13 200,000.00
10-11 100,000.00.



5-9 75,000.00
ned 50,000.00

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 not 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 than 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.

Sec. 18. Abstract. - All government agencies, offices, bureaus and local
government units, including government-owned and _ -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 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, consistent with the provisions
of this Act and its rules and regulations. Said internal procedure shall be
widely disseminated to all employees.

Sec. 19. Credibility of 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.

Sec. 20. Penalty For Retaliatory Acts Against A Whistleblower. - A fine
of not more than One Hundred Thousand Pesos (Php100,000.00) or
imprisonment of not less than six (6) months but not more than six (6) years
or both at the discretion of the court, and in case of a public officer or
employee, the penalty of perpetual disqualification from holding public
office, shall be imposed on any person who commits any of the retaliatory
acts as defined in this Act against a qualified whistleblower or informant

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and/or hinders, delays, prevents or dissuades said whistleblower or
informant, from doing the acts enumerated hereunder:

(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;

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

(e) _ Performing and enjoying the rights and benefits under this Act
or attempt to do so.

Sec. 21. Violation of Confidentiality. - Any person who violates the
protection of confidentiality of a protected disclosure under Sections 10, 11,
12, and 15 of 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, and shall be civilly liable to indemnify the informant in such
amount of damages as may be awarded and deemed reasonable by a
competent court.

Sec. 22. Retaliatory Action in the Workplace. - Any person who
violates the protection of confidentiality of a protected disclosure under
Section 10, 11, 12 and 15 of this Act, shall suffer the penalty of not more
than six (6) months with an accessory penalty of temporary absolute
disqualification for public office in case of a public officer or employee, and
shall be civilly liable to indemnify a whistleblower in such amount of
damages as may be awarded by a competent 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
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
National Labor Relations Commission, for unfair or discriminatory
practices, for claims for back wages, and other labor disputes, or before


other quasi-judicial agencies for any action that may or may not have arisen
from a disclosure or believed or suspected disclosure.

Sec. 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 the 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 indemnify the informant of damages as may be awarded
by a competent court.

Sec. 24. Failure of an Employer to Post Abstract. - The failure to post
an Abstract required under Section 18 of this Act shall constitute an offense
and shall be penalized with a fine in the amount of One Hundred Thousand
Pesos (Php100,000.00) 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 office,
bureau or agency shall be held responsible for such violation.

Sec, 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 the 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 to not more than Fifty Thousand
Pesos (Php 50,000.00).

Sec. 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 perpetual 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.

Sec. 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:

(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 and prosecute
the same when warranted;

(c) 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;

(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 or informants on graft and corrupt activities
with a view to effective deterrence and/or prosecution;

( Control and administer, consistent with the provisions and
purpose of this Act, the protection and benefits of
whistleblowers in connection with the cases within the
coverage of Section 4 of this Act;

(9) 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. 28. Implementing Rules and Regulations. - The Office of the
Ombudsman, in coordination with concerned agencies, 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.

Sec. 29. Appropriations. - The amount of One Hundred Million Pesos
(Php100,000,000.00) is hereby authorized to be appropriated out of any
funds in the National Treasury not otherwise appropriated to carry into
effect the purposes of this Act.

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

Sec. 30. Repealing Clause. - All laws, decrees, executive issuances,
rules and regulations inconsistent with this Act are hereby repealed or
modified accordingly.


Sec. 31. Separability Clause, - The declaration of unconstitutionality
or invalidity of any provision of this Act shall not affect the other provisions
hereof,

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

Approved,

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