SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S.No. 
189 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 27, provides: 
The State shall maintain honesty and integrity in public service and take 
positive and effective measure against graft and corruption. 
The Constitution, Article 11, Section I, further provides: 
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. 
It is the intent 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. By 
protecting citizens who disclose wrongdoing from retaliatory acts, we strengthen accountability 
and reduce corruption in the public and private sectors. 1 
1 This bill was originalJy filed'during the Fifteenth Congress, First Regular Session. 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
Jill -·1 
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SEN'Y~9 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR THE PROTECTION OF WHISTLEBLOWERS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled.' 
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SECTION L Short Title, - This Act shall be known as the "Whistleblowers' Protection 
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Act." 
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SECTION 2. Definitions of Terms, - As used in this Act, the following terms shall have 
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the meaning indicated: 
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(a) 
"Whistleblower" is a person who publicly reveals a concealed misconduct or a 
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commission or attempted commission of a crime by a person, employer, employee, or an agency 
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whether of a public or private entity, Provided, however, that said person has not participated or 
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has refused to participate in the misconduct or the violation or attempted violation oflaw. 
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(b) 
"Whistleblowing" is the disclosure, malcing public, giving evidence to, 
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information that a whistleblower reasonably believes constitutes: 
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(i) 
a violation of law, rule, regulation, policy; 
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(ii) 
gross mismanagement; 
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(iii) 
gross waste of funds; 
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(iv) 
abuse of authority; 
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(v) 
threat to public interest such as fraud and corruption; or 
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(vi) 
substantial and specific danger to public health or safety; 
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(c) 
"Employer" is any individual, partnership, association, corporation, or any person 
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or group of persons who has the power and right to control and direct the employee in the 
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material details of how the work is (0 be performed, which includes any public or privately 
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owned corporation, branches of government, or any other political subdivision, authority, 
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commission, or board, or any other agency or instrumentality thereof; 
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(d) 
"Superior/Supervisor" is an individual baving authority, 111 the interest of the 
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employer, (0 hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or 
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discipline other employees, or responsibly to direct them, or to adjust their grievances, or 
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effectively recommend such action, if in connection with the foregoing the exerCise of such 
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authority is not a merely routine or clerical nature, but requires the use of independent judgment; 
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(e) 
"Retaliatory Action" is the discharge, suspension, transfer, or demotion of any 
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employee/whistleblower or the withholding of bonuses, reduction in salary or benefits, or any 
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other action that may adversely affect his or her rights and interests taken by the employer, 
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superior, supervisor, or head of agency; 
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(f) 
"Gross Mismanagement" is the continuous pattem of managerial abuses, wrongful 
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or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a 
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substantial adverse economic impact; and 
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(g) 
"Gross Wasle of Funds" means to spend or use funds or to allow funds to be used 
without valuable result in a manner grossly deviating from the standard of care or competence 
that a reasonable person would observe in the same situation. 
SECTION 3. Prohibited Acts. - It shall be unlawful for any employer, supenor, 
supervisor or head of agency to retaliate or perform such acts which can be deemed as 
"retaliatory action" as defined in this Act against an employee/whistleblower. 
SECTION 4. Nature of In/ormation Disclosed. - The information disclosed under this 
section must include: 
(a) 
Any violation or suspected violation of any law, rule, or regulation cqmmitted by 
an employee or agent of government agency or private entity which creates and presents a 
substantial and specific danger to the public interest, safety, or welfare. 
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(b) 
Any act or suspected act of gross mismanagement and misconduct, malfeasance, 
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misfeasance, nonfeasance or gross neglect of duty, gross waste of public funds committed by an 
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employee or agent and public officials of a government agency. 
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SECTION 5. To Whom Information Disclosed. - The information disclosed under this 
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section must be made by the employee/whistleblower to his or her superior/supervisor or any 
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other person in authority who has the power to prevent, remedy, correct the wrongdoing or any 
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government agency having the authority to investigate, prosecute the violation or act, including, 
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but not limited to, the Philippine National Police, the National Bureau of Investigation, the 
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Office of the Ombudsman, and the Department of Justice. 
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SECTION 6. Whistle blowers and Persons Protected. - Legal protections accorded under 
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this Act to employees/whistleblowers and their spouse and/or any member of the family within 
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the first civil degree by consanguinity or affinity who: 
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(a) 
disclose information on their own initiative in a written and signed complaint or 
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affidavit; or 
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(b) 
are requested to participate in an investigation, hearing, or other inquiry 
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conducted by any agency or national govemment agency; and 
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(c) 
refuse to participate in any retaliatory action prohibited by this section; or who 
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initiate a complaint against or testify regarding an illegal act. 
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SECTION 7. Remedies. - Any whistleblower or employee of or applicant for employment 
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with any government agency, who is discharged, disciplined, or subjected to other retaliatory 
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action, or denied employment, because he or she engaged in an activity protected by this Act 
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may file a complaint without need of exhausting all available contractual or administrative 
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remedies, before a court of competent jurisdiction within one (1) year after the action prohibited 
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by this Act is committed. 
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SECTlON 8. Reli~l .. In any action brought under this section, the relief must include the 
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following: 
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(a) 
Reinstatement of the whistleblower or employee to the same position held before 
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the retaliatory action was commenced, or to an equivalent position or reasonable front pay as 
alternative relief; 
(b) 
Reinstatement of the whistle blower or employee's full fringe benefits and 
seniority rights, as appropriate; 
(c) 
Compensation, if appropriate, for lost wages, benefits, or other lost remuneration 
caused by the retaliatory action; 
(d) 
Payment of reasonable costs, including attorney's fees, to a substantially 
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prevailing employee, or to the prevailing employer if the whistle blower or employee filed a 
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frivolous action in bad faith; 
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(e) 
(1) 
Issuance of an injunction, if appropriate, by a court of competent jurisdiction; 
Temporary reinstatement to the whistleblower or employee's former position or to 
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an equivalent position, pending the final outcome On the complaint, if an employee complains of 
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being discharged in retaliation for a protected disclosure and if a court of competent jurisdiction 
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or the Commission on Human Rights, as applicable, determines that the disclosure was not made 
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in bad faith or fOf a wrongful purpose or occurred after an agency's initiation of a personnel 
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action against the whistleblower or employee which includes documentation of the employee's 
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violation of a disciplinary standard or performance deficiency. 
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SECTION 9. Preemption. - Nothing in this Act shall be deemed to diminish the rights, 
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privileges, or remedies of any whistleblower or employee under any law or regulation or under 
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any collective bargaining agreement or employment contract. No whistleblower 9r employee 
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may waive through private contract any right set forth in this Act, except as set forth in Section 
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7, and no employee may be compelled to adjudicate his or her rights under this Act pursuant to a 
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collective bargaining agreement or any other arbitration agreement. 
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SECTION 10. Settlement. - The rights afforded employees under this Act may not be 
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waived or modified. 
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SECTION 11. Penal Clause. - Any person who violates any provision of this Act shall 
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suffer pay a fine of not less than two hundred thousand pesos (P200,OOO) but not more than five 
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hundred thousand pesos (P500,OOO) and suffer an imprisorunent of not less than two (2) years but 
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not more than six (6) years. 
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Upon filing of an appropriate complaint, and after due notice and hearing, the proper 
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authorities may also cause the cancellation or revocation of the business permit, permit to 
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operate, franchise and other similar privileges granted to any private entity that fails to abide the 
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provisions of this Act. 
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SECTION 12. Separability Clause. -
If any provision of this Act .is declared 
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unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby 
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shall continue to be in full force and effect. 
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SECTION 13. Repealing Clause. - All laws, decrees, orders, rules, and regulations or 
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parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or 
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modified accordingly. 
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SECTION 14. Effectivity Clause. - This Act shall talce effect after fifteen (15) days 
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following its publication in at least two (2) newspapers of general circulation. 
Approved, 
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