FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
~. 
SENATE 
S.B.No. 3533 
Introduced by Senator Richard J. Gordon, Chairman and members of the 
Committee on Accountability of Public Officers and Investigations 
EXPLANATORY NOTE 
Section 27, article II of the 1987 Constitution provides that as a State 
Policy, "The State shall maintain honesty and integrity in public service and 
take positive and effective measure against graft and corruption." 
Furthermore, section 1, article XI of the 1987 Constitution provides that, 
"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. Furthermore by protecting 
citizens who disclose wrongdoing from retaliatory acts, we hereby strengthen 
accountability and reduce corruption in the public and private sectors. 
Hence, in the best interest of the Republic, the immediate approval of 
this bill is urgently sought. 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
3 "'. 3" 
S.B. No. 
0 
U 
I" 
i 
Introduced by Senator Richard J. Gordon, Chairman and members of the 
Committee on Accountability of Public Officers and Investigations 
AN ACT PROVIDING FOR WHISTLEBLOWER BILL OF RIGHTS 
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 "Whistle blower Protection 
Act of 2009." 
SECTION 2. Definitions of Terms. 
- As used in this act and unless otherwise 
specified, the following words or terms shall have the meaning indicated: 
(a) A "Whistleblower" is a person who publicly reveals a concealed misconduct or a 
commission or attempted commission of a crime by a person, employer, 
employee, or an agency whether of a public or private entity. Provided, however, 
that said person has not participated or has refused to participate in the 
misconduct or the violation or attempted violation of law. 
(b) "Whistle blowing" is the disclosure, making public, giving evidence to, an 
information that a whisileblower reasonably believes constitutes: 
(i) 
a violation of law, rule, regulation, policy, 
(ii) 
gross mismanagement, 
(iii) 
gross waste of funds, 
(iv) 
abuse of authority, 
(v) 
threat to public interest such as fraud and corruption, 
(vi) 
or a substantial and specific danger to public health or safety; 
(c) "Employer" is any individual, partnership, association, corporation, or any 
person or group of persons who has the power and right to control and direct 
the employee in the material details of how the work is to be performed, which 
includes any public or privately owned corporation, branches of government, or 
any other political subdivision, authority, commission, or board, or any other 
agency or instrumentality thereof; 
(d) "Superior / Supervisor" is an individual having authority, in the interest of the 
employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, 
reward, or discipline other employees, or responsibly to direct them, or to adjust 
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their grievances, or effectively recommend such action, if in connection with the 
foregoing the exercise of such authority is not a merely routine or clerical 
nature, but requires the use of independent judgment; 
(e) "Retaliatory Action" is the discharge, suspension, transfer, or demotion of any 
employee / whisUeblower or the withholding of bonuses, reduction in salary or 
benefits, or any other action that may adversely affect his rights and interests 
taken by his employer, superior, supervisor or head of agency; 
(fj "Gross Mismanagement" is the continuous pattern of managerial abuses, 
wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct 
which may have a substantial adverse economic impact; 
(g) "Gross Waste 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. Actions Prohibited. 
It shall be unlawful for any Employer, Superior, Supervisor or Head of Agency 
to retaliate or perform such acts which can be deemed as "Retaliatory Acts" as 
defined in this code against an employee / whistle blower. 
SECTION 4. Nature of Information Disclosed. The information disclosed under this 
section must include: 
(a) Any violation or suspected violation of any law, rule, or regulation committed 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. 
(b) Any act or suspected act of gross mismanagement and misconduct, 
malfeasance, misfeasance, non-feasance or gross neglect of duty, gross waste of 
public funds committed by an employee or agent and public officials of a 
government agency. 
SECTION 5. To Whom Information Disclosed. 
The information disclosed under this section must be made to his superior / 
supervisor or any other person in authority who has the power to prevent, remedy, 
correct the wrongdoing or any government agency having the authority to investigate, 
prosecute the violation or act, including, but not limited to, the Philippine National 
Police, The National Bureau of Investigation, the Office of the Ombudsman and the 
Department of Justice. 
SECTION 6. Whistle blowers and Persons Protected. 
Legal protections accorded under this Act to employees / whistle blowers and their 
spouse and/or any member of the family within the first (I") 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 affidavit; or 
(b) are requested to participate in an investigation, hearing, or other inquiry 
conducted by any agency or national government agency; and, 
(c) refuse to participate in any retaliatory action prohibited by this section; or who 
initiate a complaint against or testify regarding an illegal act. 
SECTION 7. Remedies. 
(a) Any whistle blower or employee of or applicant for employment with any 
government agency, who is discharged, disciplined, or subjected to other 
retaliatory action, or denied employment, because he or she engaged in an 
activity protected by this section may file a complaint without need of 
exhausting all available contractual or administrative remedies, qefore a court 
of competent jurisdiction within one (1) year after the action prohibited by this 
section is committed. 
SECTION 8. Relief. - In any action brought under this section, the relief must include 
the following: 
(a) Reinstatement of the whistleblower or employee to the same position held before 
the retaliatory action was commenced, or to an equivalent position or 
reasonable front pay as alternative relief; 
(b) Reinstatement of the whistleblower 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 
prevailing employee, or to the prevailing employer if the whistleblower or 
employee filed a frivolous action in bad faith; 
(e) Issuance of an injunction, if appropriate, by a court of competent jurisdiction; 
(D TeJ;Ilporary reinstatement to the whistle blower or employee's former position or 
to an equivalent position, pending the final outcome On the complaint, if an 
employee complains of being discharged in retaliation for a protected disclosure 
and if a court of competent jurisdiction or the Commission on Human RIghts, 
as applicable, determines that the disclosure was not made in bad faith or for a 
wrongful purpose or occurred after an agency's initiation of a personnel action 
against the whistleblower or employee which includes documentation of the 
employee's violation of a disciplinary standard or performance deficiency. 
SECTION 9. Preemption. Nothing in this Act shall be deemed to diminish the rights, 
privileges, or remedies of any whistleblower or employee under any law or regulation 
or under any collective bargaining agreement or employment contract. 
No 
whistle blower or employee may waive through the private contract any right set forth 
in this Act, except as set forth in Section 7, and no employee may be compelled to 
adjudicate his or her rights under this Act pursuant to a collective bargaining 
agreement or any other arbitration agreement. 
SECTION 10. Settlement. - The rights afforded employees under this Act may not be 
waived or modified 
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SECTION 11. Penal Clause. - Any person who violates any provision of this Act shall 
suffer pay a fine of not less than two hundred thousand pesos (P200,OOO) but not 
more than five hundred thousand pesos (P500,OOO) and suffer an imprisonment of not 
less than two (2) years but not more than six (6) years. 
Upon filing of an appropriate complaint, and after due notice and hearing, the 
proper authorities may also cause the cancellation or revocation of the business 
permit, permit to operate, franchise and other similar privileges granted to any private 
entity that fails to abide the provisions of this Act. 
SECTION 12. Separability Clause. - If any provision, or part hereof, is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected 
shall remain valid and subsisting. 
SECTION 13. 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. 
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
pUblication in at least two (2) newspaper of general circulation. 
Approved, 
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