eg pave:26 JUL 2016
)

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

SEVENTEENTH CONGRESS LESAN X SERVICE
First Regular Session

99
House Bit No.1 9°

Introduced by Honorable MARK A. VILLAR

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

EXPLANATORY NOTE

The 1987 Constitution provides that “The prime duty of the Government is to serve
and protect the people, The Government may call upon the people to defend the State
and, in the fulfilment thereof, all citizens may be required, under conditions provided by
law, fo render personal military, or civil service”. (Article I, Section 4)

The 1987 Constitution enunciates, “No person shall be compelled to be a witness
against himself.” (Article lI, Section 17)

The 1987 Constitution states, “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.” (Article XI, Section 1)

The strength of a government is the trust of its people. An integral part of the social
contract between those who govern and those who are governed lies on the fact that the
mantle of protection of the law and the obligations it contain falls upon all

For several years now, our government has instituted a program to ensure the
safety and well being of persons who have clung to the idea that public service is a public
trust and that the government and its officials must not only be credible, but also
accountable

Persons whom we call as “whistleblowers” are the vinculum of maintaining this
accountability; they expose what is wrong and testify to their commission. More than


these, they are the ones who embody the moral code of that bond between government
and people

It is unfortunate however that despite the formal institution of a witness protection
program, these brave individuals can still expect retaliation, be it in the form of threat of
bodily harm or death. Others are faced with other kinds of retaliatory acts such as
discriminatory conduct or measures from their employers. Some lose employment
benefits. Some lose their jobs. Such is the fear of retribution that those who are brave are
discouraged and those who will speak are muted.

This bill is intended to ensure that the best protection that the State can afford to
our vanguards of accountability is given. And, through mechanisms, the chilling and
discouraging effect of the fear of retaliation is removed.

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

Cowie eae


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

SEVENTEENTH CONGRESS
First Regular Session

House Bite no. 1939

Introduced by Honorable MARK A. VILLAR

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

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

SECTION 1. Short Title. - This Act shall be known as the ‘Whistleblower Protection
Act of 2016.”

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 promote 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

(C.) Encourage and facilitate the disclosure of corrupt conduct and practices in the
public service by providing benefits prescribed under existing laws.

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

(A) "Employer" shall mean any individual, partnership, association, corporation or
entity, including the government, or any person or group of persons who shall
directly. or indirectly for or on behalf of said individual, partnership, association,
corporation or entity, employ an employee as defined in this Act

(B.) "Employee" shall mean any person who is made to work by, or who renders
service for, an employer. The term shall include public officers and employees as
defined in this Act as well as any person considered an "employee" under the
Labor Code.


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

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

(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 of

(1.) Presidential Decree No. 46 otherwise known as "Making it punishable for
Public Officials and Employees to receive, and for Private persons to give,
gifts on any occasion, including Christmas”,

(2.) Republic Act No. 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

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

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

(1) "Qualified Whistleblower’ shall mean a whistleblower qualified and admitted into
the Whistleblower’s Program of the Implementing Agency in accordance with this
Act and its implementing rules and regulations.

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

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

SEC. 4. Coverage. - Notwithstanding the provisions of law on prescription of crimes,



this Act shall cover all acts constituting improper conduct irrespective of the time of
commission thereof.

SEC. 5. Admission Qualification for the Program. -Whistleblowers, whether from
the public or:private sector, shall be entitled to the benefits provided 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 whistle blower 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 commission of crime:

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

(D.)To cooperate with 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 Implementing Agency's program official concemed of
his/her current activities and address.

SEC. 10. Breach of the Memorandum of Agreement. -Substantial 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 protection and benefits extended to him/her, the Implementing
Agency shall send notice to the qualified whistle blower concemed, stating therein the
reason for such termination and shall give him/her sufficient opportunity to explain and
respond to such notice.

SEC. 11. Confidentiality. - Except insofar as allowed by this Act, during and after the


disclosure, and throughout and after any proceedings undertaken thereafter, a
whistleblower is entitled to absolute confidentiality as to:

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

There shall be no such confidentiality regarding his/her identity if a whistle blower
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. Confidentiality of Information. - No person to whom a disclosure has been
made or referred to shall divulge any information that may identify or tend to identify a
whistleblower or reveal the subject matter of such disclosure, except only as to the following
circumstances:

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

(B.) The disclosure is indispensable and essential as determined by the Implementing
Agency, taking into consideration the necessary proceedings to 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 imprisonment of not less than six (6) months but not more than one (1) year
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 mayor 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 a
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 to himlher shall be considered not to have committed a breach
thereof.

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

SEC 16. False and Misleading Disclosures. - Any person found guilty of deliberately


and voluntarily giving false or misleading information in connection with acts or omissions
constituting improper conduct shall suffer imprisonment for a period one (1) year and one
(1) day up to two (2) years at the discretion of the court as well as perpetual absolute
disqualification from holding public office, in case of a public officer or employee, without
prejudice to other liabilities under existing laws.

SEC 17. Protection against Disciplinary Action or Reprisals 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

Prohibited acts under this section include retaliatory action in a workplace or prejudicial
conduct towards a whistle blower, such as: discriminatory actions, reprimand, punitive
transfers, unwarranted referral to a psychiatrist or counselor, and undue or inappropriate
poor or failing performance reviews. Other prejudicial conducts include obstruction of an
investigation, withdrawal of essential resources, alteration of policies and procedures, undue
reports and the attachment of unfair personnel file notes.

Any employer who has undertaken reprisals and/or initiated disciplinary actions and/or
imposed sanctions or other forms of retaliatory actions, including but not limited to 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
commits, directly or indirectly, retaliatory action or reprisals against a whistleblower, or
anyone believed or suspected to be one, shall be liable for the offense defined under this
Act.

Any officer or employee who refuses to follow orders of superior 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 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, as may
be appropriate, in case or a prolonged absence due to transfer or permanent relocation
under this Act or R.A. 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 shall any evidence presented be used against
hinvher in court.

This protection shall also operate as immunity in favor of a whistleblower against any
action or proceeding taken against him/her by reason of his/her disclosure. Provided,
however, that the whistle blower does not appear to be the most guilty in the commission o
f the act or acts constituting improper conduct.

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.

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 whistle blowers intended or actual disclosure

The proceedings herein shall be independent of any action that an aggrieved person
may take before the Civil Service Commission or the Department of Labor and Employment
for unfair discriminatory practices, back wages, or other labor dispute, or before other quasi-
judicial agencies that mayor 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 who
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 agency, public official and/or the judiciary 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;

(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 who attempts to
do so shall be fined not more than One Hundred Thousand Pesos (Php
100,000.00) and/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 sufficient for 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, in accordance with the implementing rules and regulations
of this Act

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, in accordance with the implementing rules and regulations of this
Act.

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 percent
(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 goverment agencies, offices, bureaus and local government
units, including goverment 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 govemment agencies, offices, bureaus and local government units, including
government owned and controlled corporations, whether or not with original charters, shall
likewise put in place internal procedures for dealing with whistleblowers consistent with the
provisions of this Act and its implementing rules and regulations. Said intemal 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 24 of this Act shall constitute an
offense and shall be penalized with a fine in the amount of One Hundred Thousand Pesos
(Php 100,000.00) for the first offense. Said amount shall be doubled for every succeeding
offense/s.

SEC. 26. Failure to Act or Report to the Implementing Agency. - Any person under
obligation to report a disclosure under this Act to the Implementing Agency 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 aal 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 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.

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, shail 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. 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 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
unconstitutional, the remainder of the law or the provisions not otherwise affected thereby
shall remain valid and subsisting

SEC. 34. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with, the provisions of this Act, is hereby repealed, modified, or amended accordingly.

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

Approved,