EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
.v - 
, Tl
of Me 
ti.trn>
S E N A  
S. B. No.
*19 Jl)L 30 A9--15
RlCV.j-Jc'-
Introduced by Senator SONNY ANGARA
AN ACT
PROVIDING 
FOR THE 
PROTECTION, 
SECURITY AND 
BENEFITS 
OF 
WHISTLEBLOWERS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER 
PURPOSES
EXPLANATORY NOTE
Since 2010, much has been achieved in the drive against corruption in the 
public service. Government is slowly regaining the trust and confidence of the 
citizenry, after years of being cast under a long shadow of doubt. 
In fact, the 
Philippines ranked 99th out of 180 countries in the Corruption Perceptions Index of 
the Transparency International report for 2018, 12 notches lower than its rank in the 
previous year.
The 2017 Global Corruption Barometer of Transparency International also 
affirms this, showing that the Philippines was among a handful of countries where 
comparatively more people reported that they believe corruption in their society has 
decreased.
The survey also pinpoints that more than half of the respondents, particularly 
young people, believed that ordinary people could make a difference in the fight 
against corruption.
Government must leverage this civic spirit, especially toward realizing Section 
11, Article 1 of the Philippine Constitution, stating that public office is a public trust. 
It carries the obligation to craft and implement a framework that enables, even 
incentivizes, citizens to contribute in exposing any government misconduct.


The 2017 survey even highlights the need "for better whistleblower protection 
and effective reporting mechanisms" and noted that encouraging victims to report 
corruption is the most effective way to stop it.
The proposed measure institutionalizes such a framework by defining the 
security, protection and benefits afforded to whistleblowers.
By enabling citizens to speak up about any wrongdoing in the government, 
this measure adds to other mechanisms already in place that help restore credibility, 
integrity and accountability in public service.
ONNYANGARA


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHIUPPINES 
)
First Regular Session 
)
S E N A T E
S. B. No. 824
;i|i
(Offirr a'. '\y 
i t«vi>
’19 JUL30 A9:15
Introduced by Senator SONNY ANGARARECtI -J
AN ACT
PROVIDING 
FOR THE 
PROTECTION, 
SECURITY AND 
BENEFITS 
OF 
WHISTLEBLOWERS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER 
PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title. -  This Act shall be known as the "Whistleblower
2 
Protection, Security and Benefit Act o f 2019."
3 
Sec. 2. Declaration o f Policy. -  Public office is a public trust. It is the policy of
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the State to promote and ensure full accountability in the conduct of its officers and
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employees, and exact full retribution from those who shall engage in graft and
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corrupt practices. Towards this end, the State shall:
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a) 
Maintain honest and high standards of integrity in the public service;
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b) 
Safeguard the national interest through the investigation and prosecution of
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corrupt and erring public officials and employees; and
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c) 
Encourage and facilitate the disclosure of corrupt conduct and practices in the
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public service by providing benefits and protection to whistleblowers.
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Nothing in this Act shall diminish or restrict the entitlement, receipt or
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enjoyment by a whistleblower of more or higher benefits provided in existing laws.
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Sec. 3. Definition o f Terms. -  As used in this Act, the following terms are
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hereby defined as follows:


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a) Acts constituting graft and corruption refer to any conduct, act or omission of
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public officers and employees which are covered by, or constitute as
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violations of:
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1. Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt
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Practices Act";
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2. Sections 7, 8 and 9 of Republic Act No. 6713, otherwise known as the
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"Code of Conduct and Ethical Standards for Public Officials and
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Employees";
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3. Republic Act No. 7080, entitled "An Act Defining and Penalizing the
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Crime of Plunder";
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4. Presidential Decree No. 46, entitled "Making it Punishable for Public
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Officials and Employees to Receive, and for Private Persons to Give,
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Gifts on Any Occasion, Including Christmas"; and
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5. Title VII, Book Two of the Revised Penal Code on "Crimes Committed
15 
by Public Officers".
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b) 
Council refers to the Whistleblower Benefits and Protection Council created
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pursuant to Section 29 of this Act.
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c) 
Informant refers to any person who has personal knowledge or access to
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data, events or information, of any conduct constituting graft and corruption
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as defined under this Act by public officer/s and employee/s, and who shall
21 
deliberately disclose of individual, collective or organized conduct constituting
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graft and corruption as provided in this Act.
23 
d) 
Program refers to the "Whistleblower Protection, Security and Benefit
24 
Program" which the Council shall formulate and implement pursuant to this
25 
Act.
26 
e) 
Public officer refers to any person holding any public office in the Government
27 
of the Republic of the Philippines 
by virtue 
of an appointment, election or
28 
contract.
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f) 
Whistleblower refers to an informant admitted into the Program of the Council
30 
in accordance with this Act and its rules 
and regulations.
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g) 
Reprisal refers to any negative or obstructive response or reaction to a
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disclosure made under this Act aimed at, pertaining to, or against a


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whistleblower or any of the members of the family and relatives up to the
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second degree of consanguinity or affinity.
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h) 
Reprisal in workplace refers to any discriminatory conduct or policies against
4 
a whistleblower which affect promotion or job assignment including undue
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negative performance appraisal, unusual and unwarranted close monitoring
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by supervisors, unwarranted criticisms or avoidance by 
co-employees,
7 
blacklisting from other job opportunities or prejudicial transfers by reason of a
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disclosure made under this Act.
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Sec. 4. Coverage. -  This Act covers conduct constituting graft and corruption,
10 
whether commenced or consummated before the effectivity of this Act, refers to any
11 
conduct, act or omission of public officers and/or employees which are covered by,
12 
or amount to violations of Presidential Decree No. 46; Republic Act No. 3019;
13 
Sections 7, 8 and 9 of Republic Act No. 6713; Republic Act No. 7080; and Title VII,
14 
Book Two of the Revised Penal Code on "Crimes Committed by Public Officers".
15 
Sec. 5. Admission to the Program. -  Whistleblowers admitted into the
16 
Program shall be entitled to the protection and benefits under this Act: 
Provided,
17 
That all the following requisites concur:
18 
a) 
The disclosure is voluntary, in writing and under oath;
19 
b) 
The disclosure relates to conduct constituting graft and corruption under this
20 
Act;
21 
c) 
Such disclosure is necessary for an effective and successful investigation or
22 
prosecution, or essential for the acquisition of material evidence not yet in the
23 
possession of the Council;
24 
d) 
The information given by the whistleblower can be corroborated; and
25 
e) 
The information disclosed leads to a successful gathering of evidence and/or
26 
conduct of investigation sufficient to sustain a finding of probable cause for
27 
the filing of a criminal complaint or information before a court of competent
28 
jurisdiction.
29 
Sec. 6. Necessity o f Testimony. -  The testimony of a whistleblower in court
30 
shall not be necessary for the entitlement to the benefits and protection under this
31 
Act, subject to the provision of Section 
17 herein. In the event that the
32 
whistleblower's testimony is determined by the Council to be necessary and


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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".
Sec. 7. Memorandum o f 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 inquiries, 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;
c) 
To take all necessary precautions to avoid detection by others of the facts 
concerning the protection provided under this Act;
d) 
To cooperate with respect to all reasonable requests of officers and 
employees of the government who are providing protection under this Act; 
and
e) 
To regularly inform the appropriate program official of the whistleblower's 
current activities and address.
Sec. 8. Breach o f the Memorandum o f 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.
Sec. 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


1 
proceeding. Any disclosure made or any document submitted to the Council shall be
2 
inadmissible in evidence against the whistleblower.
3 
This protection shall also operate as immunity in favor of a whistleblower or
4 
informant against any action or proceeding taken against the whistleblower by any
5 
person subject of a disclosure, by reason thereof and acts in relation to subject of
6 
disclosure. Provided, however, that the protection against any action or proceeding
7 
shall not be available in cases of deliberate and voluntary giving of false or
8 
misleading information, and of any unjustified recantation of testimony by a
9 
whistleblower.
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Sec. 10. Defense o f Privileged Communication. -  A whistleblower or any
11 
person who has made a disclosure under this Act shall have, as defense in any other
12 
inquiry or proceeding, the absolute privilege with respect to the subject matter of
13 
the disclosure or information given to the proper authorities.
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Sec. 11. Confidentiality. -  Except as allowed by this Act, during and after a
15 
disclosure, 
and 
throughout and 
after any 
proceeding 
taken 
thereafter, 
a
16 
whistleblower or an informant is entitled to absolute confidentiality about:
17 
a) 
Whistleblower's identity;
18 
b) 
The subject matter of the disclosure; and
19 
c) 
The person to whom such disclosure was made.
20 
There shall be no such confidentiality of identity if a whistleblower or an
21 
informant makes a public disclosure of a conduct constituting graft and corruption
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unless, notwithstanding such public disclosure, the whistleblower has taken means
23 
and measures obviously intended to preserve anonymity.
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Sec. 12. No Breach o f Duty o f Confidentiality. -  A whistleblower or an
25 
informant who has made a disclosure under this Act, on whom a provision of law,
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regulation, issuance, practice or other convention, imposes a duty to maintain
27 
confidentiality with respect to any information disclosed, is considered not to have
28 
committed a breach thereof.
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Sec. 13. Confidential Information. -  No person to whom a disclosure has been
30 
made or referred shall divulge any information that may identify or tend to identify a
31 
whistleblower or informant or reveal the subject matter of such disclosure, except
32 
under the following circumstances:


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a) 
The whistleblower or the informant consents in writing prior to a disclosure of
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an information;
3 
b) 
The disclosure is indispensable and essential as determined by the Council,
4 
having regard to the necessary proceedings to be taken after the disclosure;
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or
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c) 
The disclosure or referral is made pursuant to an obligation under this Act.
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The prohibition on disclosure under this section shall apply to any person who
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has become privy to any confidential information, whether officially or by other
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means.
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Sec. 14. Protection Against Disciplinary Action or Reprisals. -  A whistleblower
11 
who has made or is believed or suspected to have made a disclosure under this Act
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is not liable to disciplinary action for making said disclosure.
13 
Prohibited acts under this section include reprisals in the workplace or
14 
prejudicial conduct towards a whistleblower such as: discriminatory actions behind
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policies and procedures, unwarranted reprimand, punitive transfers, malicious
16 
referral to a psychiatrist or counselor, and unfounded or baseless poor performance
17 
reviews. Other prejudicial actions include obstruction of an investigation, withdrawal
18 
of essential resources, undue reports and the attachment of false personnel files or
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notes.
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Sec. 15. Security and Protection o f a Whistleblower. -  When determined to be
21 
necessary and appropriate by the Council, a whistleblower, even if the disclosure is
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made in confidence, shall be entitled to personal security. 
For this purpose, the
23 
Council may request any law enforcement agency for assistance. 
Should, at any
24 
time, the identity of the whistleblower be revealed, or anonymity compromised, the
25 
whistleblower may, upon the recommendation of the Council, be entitled to the
26 
benefits of Republic Act No. 6981, in addition to the other benefits under this Act.
27 
Sec. 16. Confidentiality o f the Proceedings. -  All proceedings before the
28 
Council involving application and/or enjoyment of the benefits under this Act,
29 
including any action taken thereon, shall be confidential in nature. 
No information
30 
or documents given or submitted in support thereof shall be released except upon
31 
written order of the Council, and provided such disclosure shall not endanger the life
32 
of a whistleblower.


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Sec. 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 capable of 
pecuniary estimation
If the case is not 
capable of pecuniary 
estimation
Upon admission into the program
P200,000.00
P100,000.00
Upon filing of the case with the 
Office of the Ombudsman
P100,000.00
P 50,000.00
Upon completion of the 
testimony of the whistleblower
P100,000.00
P 50,000.00
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For cases capable of 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 
actual amount recovered by final judgment.
Sec. 18. Return o f the Amount Received as Financial Rewards. -  A 
whistleblower admitted into the Program who deliberately and voluntarily gives false 
or 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.
Sec. 19. Mandatory Posting o f Abstract. -  All government agencies, offices, 
bureaus and LCDs, 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 or informants. 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


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regulations. 
Said internal procedure shall be widely disseminated to all the public 
employees.
Sec. 20. Credibility o f 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.
Sec. 21. Penalty for Giving False and Misleading Information. -  The penalty of 
imprisonment of not less than six (6) years but not more than twelve (12) years and 
a fine of not more than One hundred thousand pesos (Phpl00,000.00) shall be 
imposed upon a whistleblower who deliberately and voluntarily gives false or 
misleading information in connection with conduct 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 also be imposed. In addition, the 
offender may be held criminally and civilly liable under existing laws.
Sec. 22. Penalty for Unjustified Recantation. -  The unjustified 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.
Sec. 23. Penalty for Reprisal Against Whistleblower. -  The penalty of 
imprisonment of not less than six (6) years but not more than twelve (12) years or a 
fine of not more than One hundred thousand pesos (Phpl00,000.00), 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:
a) 
Attending, assisting or testifying before any investigating agency or judicial or 
quasi-judicial body;
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;
c) 
Seeking the arrest of another person in connection with the offense;


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d) 
Causing a criminal prosecution, or any proceeding for the revocation of a
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parole or probation; and
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e) 
Performing and enjoying the rights and benefits under this Act or attempt to
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do so.
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In addition, the penalty of dismissal from the service and the accessory
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penalty of perpetual absolute disqualification from holding public office shall be
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imposed upon an offender who is a public officer or employee.
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Sec. 
24. 
Penalty for Violation o f Confidentiality. 
-  The 
penalty of
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imprisonment of not less than six (6) months but not more than six (6) years shall
10 
be imposed upon any person who shall violate the protection of confidentiality of a
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protected disclosure under Sections 10, 11, 13 and 16 of this Act. The penalty of
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dismissal from the 
service and the accessory penalty of temporary absolute
13 
disqualification from holding public office shall also be imposed upon an offender
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who is a public officer or employee. In addition, the offender shall be civilly liable to
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indemnify the whistleblower or informant in such amount of damages as may be
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awarded and deemed reasonable by a competent court.
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Sec. 25. Penalty for Reprisal in the Workplace. -  The penalty of imprisonment
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of not more than six (6) years but not more than twelve (12) years shall be imposed
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upon any person who shall commit any act of reprisal in the workplace as defined in
20 
this Act, against a whistleblower or believed or suspected to be one. The penalty of
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dismissal from the 
service and the accessory penalty of temporary absolute
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disqualification from holding public office shall also be imposed upon an offender
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who is a public officer or employee. In addition, the offender shall be civilly liable to
24 
indemnify the whistleblower in such amount of damages as may be awarded and
25 
deemed reasonable by a competent court. Towards this end, an aggrieved
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whistleblower shall be entitled to the provisional remedy of injunction against any
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reprisal in the workplace, prejudicial conduct, or discriminatory treatment by reason
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of whistleblower's disclosure.
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The proceedings herein shall be independent of any action that an aggrieved
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person may take before the Civil Service Commission or the DOLE for unfair or
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discriminatory practices, backwages, or other labor disputes, or before other quasi-


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judicial agencies that may or may not have arisen from a disclosure or believed or
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suspected disclosure.
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Sec. 26. Penalty for Discriminatory Hiring. -  The penalty of imprisonment of
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not more than six (6) months shall be imposed upon any person who shall deny a
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qualified applicant for employment, or who shall reject an application for
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employment solely on the ground that an applicant is a whistleblower or informant
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for the State. 
If the offender is a corporation, partnership, association, or any
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juridical person, the penalty shall be imposed upon the president, partner, manager
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and/or any responsible officer who participated in the commission of the offense.
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The penalty of dismissal from the service and the accessory penalty of
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suspension of the right to hold public office shall also be imposed upon the offender
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who is a public officer or employee.
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In addition, the offender shall be civilly liable to indemnify the whistleblower
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in such amount of damages as may be awarded and deemed reasonable by a
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competent court.
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Sec. 27. Failure to Post Abstract -  The failure to post an abstract required
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under Section 19 of this Act shall constitute an offense and shall be punishable with
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a fine of One hundred thousand pesos (Phpl00,000.00) for the first offense. The
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amount shall be doubled for every succeeding offense, and punishable with
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imprisonment of not more than six (6) months at the discretion of the court. 
For
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this purpose, the president, general manager, or head of agency, office or bureau
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shall be held criminally liable and shall suffer the accessory penalty of suspension of
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the right to hold public office.
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Sec. 28. Failure to Act or Report to the Council. -  Any person under obligation
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to report a disclosure under this Act to the Council, who fails to do so within a period
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of two (2) months, or who fails to act thereon or cause an investigation thereof,
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shall be held liable and shall suffer the penalty of not more than one (1) month
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imprisonment or a fine of not more than Fifty thousand pesos (Php50,000.00) at the
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discretion of the court.
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Sec. 29. Whistleblower Benefits and Protection Council. -  A Whistleblower
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Benefits and Protection Council is hereby created composed of the Overall Deputy
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Ombudsman as Chairperson, and the following as members:
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a) 
Prosecutor General, DOJ;
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b) 
Special Prosecutor, Ombudsman;
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c) 
Witness Protection Program Director, DOJ;
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d) 
Executive Director, Anti-Money Laundering Council;
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e) 
Director, Legal Service, Philippine National Police, in case the respondent is a
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member thereof;
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f) 
The Judge Advocate General of the Armed Forces of the Philippines, in case
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the respondent is a member thereof;
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g) 
A representative from the civil society/nongovernment organization involved
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in anti-corruption and good governance to be appointed by the Chairperson
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of the Council, upon the recommendation of the members thereof; and
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h) 
A representative from the business sector to be appointed by the Chairperson
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of the Council, upon the recommendation of the Philippine Chamber of
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Commerce and Industry.
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The existing personnel of the Office of the Ombudsman shall serve as
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secretariat to the Council.
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Sec. 30. Powers and Functions o f the Council. -  In addition to its powers and
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functions under existing laws, the Council shall have the following powers and
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functions:
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a) 
Monitor, coordinate and evaluate all efforts relative to the implementation and
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enforcement of the provisions of this Act;
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b) 
Evaluate the disclosure and qualification of whistleblowers or informants for
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coverage within this Act, and make the appropriate decision on their
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entitlement to the benefits extended herein;
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c) 
Undertake, in coordination and cooperation with the private and public
26 
sectors, an information campaign to educate the public on the provisions and
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benefits of this Act;
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d) 
Develop plans and implement programs to further encourage whistleblowers
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or informants on graft and corrupt activities with a view to effective
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deterrence and/or prosecution;
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e) 
Control and administer, consistent with the provisions and purposes of this
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Act, the protection and benefits of whistleblowers in connection with the
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cases within the coverage of Section 4 of this Act;
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f) 
Call upon, or deputize any department, bureau, office or any other
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government agency or public official to assist in the effective implementation
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and enforcement of this Act; and
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g) 
Grant immunity in accordance with the provisions of this Act and its
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implementing rules and regulations.
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Sec. 31. Appropriations. -  The amount necessary to carry out the provisions
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of this Act shall be included in the annual General Appropriations Act.
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Sec. 32. Implementing Rules and Regulations. -  The Council shall promulgate
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such rules and regulations as may be necessary to implement the intent and
13 
purposes of this Act. 
Said rules and regulations shall be published in two (2)
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newspapers of general circulation.
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Sec. 33. Separability Clause. -  If any portion or provision of this Act is
16 
subsequently declared invalid or unconstitutional, other provisions hereof which are
17 
not affected thereby shall remain in full force and effect.
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Sec. 34. Repealing Clause. -  All other laws, acts, presidential decrees,
19 
executive orders, presidential proclamations, issuances, rules and regulations, or
20 
parts thereof which are contrary to or inconsistent with any of the provisions of this
21 
Act are hereby repealed, amended, or modified accordingly.
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Sec. 35. Effectivity. -  This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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