Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2239

House Bill No.

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

This bill seeks to encourage witnesses to come out and expose corrupt practices in
government by establishing a framework for whistleblowers and their families.
Transparency International has ranked the Philippines 99th out of the 180 countries in the
Corruption Perceptions Index for 2018. Corruption in the country has been perennial and
wide-scale and has stunted to an alarming extent the growth of our country. The
establishment of a whistleblower program is a significant step towards ensuring effective
investigation, prosecution and conviction of government officials and employees involved
in irregularities, anomalies and corruption.

‘The dearth of concrete policies and mechanisms that provide for rewards, protection and
security to whistleblowers exposes the latter to serious security risks and possible
retaliation. This has emboldened corrupt government officials and employees to continue
with their illegal activities knowing that investigations and prosecution of corruption cases
almost always fail due to lack of credible and reliable witnesses. An institutional
mechanism established to protect whistleblowers from risks and reprisals would encourage
them to disclose information on any fact or event constituting improper conduct whether
they have any participation therein or knowledge.

This bill, thus, provides for a rewards system for whistleblowers and their security and
protection against reprisal, protection against liabilities, protection against discrimination
or retaliatory actions in the workplace, and protection of records agajnst inappropriate
disclosures. 5

In view of the foregoing, the passage of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _ 2239

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

AN ACT
PROVIDING FOR THE PROTECTION OF WHISTLEBLOWERS ENSURING
THEIR SECURITY AND PROVIDING BENEFITS FOR THEIR WELFARE

Be it 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 Act .

SEC. 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 improper conduct.
Toward this end, the State shall:

(A) _ Maintain honesty 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 repress certain acts of public officers and private
persons alike which constitute graft or corrupt practices;

(©) __ Encourage and give protection to individuals disclosing matters relating to
corruption and other omissions of public officers and employees inimical to the
government.

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 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.


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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.

E. "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 of 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 of a 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 oft

(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. 3019 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 Employees;"

(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

(© All other laws which penalize 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 fact, data, or information of acts constituting illegal or improper conduct,
whether or not said person has any direct or indirect participation therein;

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 Attomey's Office (PAO);

K. "Whistleblower Council" shall refer to the council defined under Section 31 of this
Act.


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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 thereof.

SEC. 5. Adi ion/Qualification for 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; and
C. The information to be disclosed is admissible in evidence.

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 be entitled to the additional benefits and protection provided under R.A. No. 6891
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 the commission of a 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 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.- Breach of the
Memorandum of Agreement, provided in Section 9 hereof shall, be 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.

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


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A. Hishher identity;
B. The subject matter of his/her disclosure; and
CC. 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;

B, The disclosure is indispensable and essential as determined by the Implementing
‘Agency, taking into consideration the necessary proceedings to be had after said
disclosure; or

C. 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 Confidentiality. 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
pf damages as may be awarded and deemed reasonable by tile 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. No Breach of Duty of Confidentiality. A whistleblower who has made
fa disclosure under this Act upon 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 the proper authorities.

SEC 16. False and Misleading Disclosures.- Any person who deliberately and
voluntarily giving 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 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 and Prohibited
‘Acts.- A whistleblower who has made or is believed or suspected to have made a disclosure
under this Act shall not liable to disciplinary action for making said disclosure.


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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 shalll be liable
for an offense defined under this Act.

‘Any employee who refuses to follow orders of employers that could 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 shail
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. 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 or a prolonged absence due to transfer or permanent relocation under
this Act or RA. No. 6891.

SEC 18. Protection 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 be used against
him/her in court.

This protection shall also operate as an immunity in favor of a whistleblower
against any action or proceeding taken against him/her by reason of his/her disclosure.
ORIGINAL: This protection shall also operate as an immunity in or of whistleblower
against any action or proceeding taken against he of

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 be civilly liable to indemnify the
whistleblower for damages as may be awarded by the court.

SEC. 20, Retaliatory Action in the 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 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 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


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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 and/or judicial
or quasi- judicial body;

B. Reporting to a law enforcement or judge the commission or possible commission
or possible commission of an offense or a violation of conditions of probation,
parole, or release pending judicial proceedings;

C. 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 requirements considering his personal circumstances, provided he/she requests
for said allowance and the Implementing Agency determines and approves the
reasonableness of such request. A qualified whistle blower 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
and resources as provided for in Section 32 hereof for the full satisfaction of the benefits
and security and protection of a qualified Whistle blower,

This section is without prejudice to any benefits a qualified whistleblower may be
entitled to under R.A. No. 6891 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 a monetary reward on a contingency basis, equivalent to at least ten
percentum (10%) of the amount which may be recovered as a result of his disclosure or the
amount of One Million Pesos (Php 1,000,000.00), whichever is lower.

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


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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 be 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 to adopt 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 (Php100,000) 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 but 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 six (6) months imprisonment, and or a fine amounting to not more than Three Hundred
Thousand Pesos (Php300,000.00) 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
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 Implementing Agency,
and provided such disclosure shall not endanger the life of a qualified whistle blower.

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 under this Act, and
whenever appropriate, 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 with
a view for effective deterrence and/or prosecution of improper conduct as well as
acts amounting to graft and corrupt practices;

F. 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 5 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 regulation.

SEC. 29. Implementing Agency, Option of Whistleblower. A whistleblower
shall have the right to indicate his preference as to the Implementing Agency he/she intends
to be admitted and/or qualified in as a whistleblower. 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.


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SEC. 30. Congressional Whistleblower Program.- The Senate and the House of
Representatives may have their own Whistleblower's Program for resource persons and/or
whistleblowers appearing before them or their respective committees. The resource person
and/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: Provided, that such recommendation is
approved by the President of the Senate or the Speaker of the House, whichever the case
may be. The Senate or the House of Representative, as 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. There 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
funding schemes or sources that may be authorized under existing laws shall be allowed
in furtherance hereof

SEC. 33. Separability Clause.- If any provision or part hereof, is held invalid or
declared 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, 20 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,