Republic of the Philippines S Rigg JUL'2013

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _2069

Introduced by Hon. Karlo A. B. Nograles

EXPLANATORY NOTE

Governments with integrity are more likely to attract and retain highly-
principled as well as ethically-oriented investors and raise the public trust of
their elected officials. In contrast, governments confronted with corruption have
faced reputational damage.

A comparative study of laws dealing ‘vith anti-corruption efforts and
good government will show that our country has good laws on these matters
However, these laws have no deterrent effect against perpetrators of government
corruption because there is little incentive for persons to expose such acts.
Many fear reprisal or disturbance should they expose such acts. Thus,
conviction rates are quite low and many acts of corruption are merely tolerated.

‘There is a need for a legal mechanism to secure the informant and must
be set up in such a way that any potential informer on graft and corruption
activities will not hesitate to come out in the open.

In view of the foregoing, approval of this measure is urgently sought.

NOGRALES

AKARLO A. B.

A


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

Sixteenth Congress
First Regular Session

HOUSE BILL NO._2069

Introduced by Hon. Karlo A, B. Nograles

AN ACT
PROVIDING PROTECTION AND REWARDS TO PERSONS WHO
DISCLOSE CONDUCT CONSTITUTING GRAFT AND CORRUPTION
AND TO WITNESSES FOR THE PROSECUTION THEREOF,
PROVIDING PENALTIES FOR VIOLATION HEREOF, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

ARTIC

GENERAL PROVISIONS
SECTION 1. Title. - This Act shall be known as the "Good Government

Witness Protection Program Act of 2013"
SEC.2. Declaration of Policy. - Public office is a public trust. It is the

policy of the State to promote and ensure full. public accountability in the


conduct of its officers and employees, and exact full retribution from those who
shall engage in corrupt practices. Towards this end, the State shall:
(a) maintain honest and high standards of integrity in the public
service;
(b) safeguard the national interest though the prosecution of corrupt
and erring public officers and employees; and
(c) encourage and facilitate the disclosure of corrupt conduct and
incidences of corruption in the public service by providing benefits
and protection to said persons who disclose corrupt conduct and
incidences of corruption in the public service and to testify
for the protection thereof.

Nothing in this Act shall diminish or restrict the entitlement, receipt or
enjoyment by an informer or qualified witnesses of more or higher benefits in
existing laws.

SEC. 3. Definition of Terms. - As used in this Act, the following terms
shall have the following meanings:

(a) "Protected disclosure" shall mean the deliberate and voluntary

disclosure of individual, collective or organizational conduct constituting

graft and corruption as defined under Section 4 of this Act, by a person
who has or had privileged or personal knowledge or access to data, events

or information, in accordance with the provisions of this Act.


(b) "Informer" shall mean any person who shall make a protected
disclosure, in confidence or publicly, before any qualified person, office
or agency as defined under section 15 of this Act, any conduct
constituting graft and corruption, The term; however, shall not include a
public officer or employee who makes a disclosure in connection with a
matter subject of his official investigation.

(c) "Public officers and employees" shall mean elective or appointive
officials and employees, whether permanent or temporary, of the national
or local government, whether in the career or non-career service,

reement personnel. This

including police, military and other law enf
includes officers and employees of the government-owned or controlled
corporations, whether or not with original charters. This term shall also
include any person who has been appointed, designates or named by the
government as its representative, nominee, or any person having similar
designation, in any private corporation.

(d) "Employee" shall mean any person who is made to suffer 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.

(e) "Employer" shall mean any individual, partnership, association
corporation, or entity, including the government, or any person or group

of persons who shall act directly or indirectly, for or on behalf of said


individual, partnership, association, corporation or entity, who employs
and employee as defined in this Act

(f) "Retaliatory Action" shall mean reprisals and negative or obstructive
responses or reactions to the disclosure made under this Act aimed at, or
pertaining to, the informer or any of the members of his or her family and
relatives up to the fourth degree of consanguinity or affinity. It includes,
but is not limited to, civil, administrative or criminal proceedings
commenced or pursued against the informer or any of the members of his
family and relatives up to the second degree of consanguinity or affinity
by reason of the disclosure made under this Act, as well as retaliatory
action in the workplace.

(g) "Retaliatory action in the workplace” shall mean discriminatory
conduct or policies which affect promotion or job assignment, including
undue negative performance appraisals, close monitoring by supervisors,
undue criticism or avoidance by co-workers, blacklisting from other job
opportunities or prejudicial transfers by reason of the disclosure made
under this Act.

(h) "Qualified Witness" shall mean a person qualified and admitted into
the Legal Protection Service of the Office of the Ombudsman in

accordance with this Act.


ARTICLE IT
COVERAGE OF PROTECTED DISCLOSURE

SEC. 4. Coverage. - Conduct constituting graft and corruption, whether
or not consummated or commenced before the effectivity of this Act, which is
subject to the protected disclosure under this Act shall mean conduct, acts or
omissions of public officers or emplyees solely, or in conspiracy or cooperation
with private persons, which are covered by, or amount to violations of:

(a) Republic Act No. 3019;

(b) Republic Act No. 1379;

(c) Republic Act No. 6713;

(d) Republic Act No, 7080;

(c) Presidential Decree no. 46; and

(f Titles II and VII of Book Two of the revised Penal Code.

The protected disclosure under this Act shall also include disclosures as

to prejudicial conduct, acts or omissions, within the jurisdiction of the Office of

the Ombudsman under Republic Act No. 6770

ARTICLE UL
RIGHTS AND BENEFITS OF INFORMERS
SEC. 5. Protection Against Other Actions. - Any person who has made
a protected disclosure under this Act shall not be subject to any liability,

whether administrative, civil, criminal or other proceedings, for making a


protected disclosure and no action, claim or demand may be taken or made of,
or against, the informer for making the disclosure. This protection shall also
operate as immunity in favor of the informer against any action or proceeding
taken against him by any person subject of the protected disclosure and by
reason thereof,

SEC. 6. Defense of Privileged Communication. - Any person who has
made a protected disclosure under this Act shall have, as defense in any other
inquiry or proceeding, the absolute privilege with respect to the subject matter
of the disclosure or information given to a qualified person, office or agency as
defined under Section 15 of this Act.

SEC. 7. No Breach of Duty of Confidenti:

.- A person who has
made a protected disclosure under this Act on whom a provision of law.
regulation, issuance, practice, or other convention, imposes a duty to maintain
confidentiality with respect to any information disclosed, is considered not to
have committed a breach thereof.

SEC. 8. Confidentiality, - Except insofar as allowed by this Act, at all

times during and after the protected disclosure, and throughout and after any
proceeding taken thereafter, the informer is entitled to absolute confidentiality
as to:

(a) his identity;

(b) the subject matter of his disclosure; and

(c) the person to whom such disclosure was made.


There shall be no such confidentiality in his identity if the informer
makes a public disclosure of the conduct constituting graft and comuption;

unless, notwithstanding such public disclosure, he has taken means and

measures obviously intended to preserve his anonymity.

(C. 9. Confidential Information. - No person to whom a protected
disclosure has been made or referred shall disclose any information that may
identify or tend to identify the informer or reveal the subject matter of such
disclosure, except only as to the following circumstances:

(a) the informer consents in writing prior to the disclosure of the

information;

(b) the disclosure is indispensable and essential, having regard to the

necessary proceedings to be taken after the 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 by
other means.

SE

10. Protection Against Disciplinary Action or Reprisals. - A
person who has made or is believed or suspected to have made a protected
disclosure under this Act is not liable to disciplinary action for making such
protected disclosure. Prohibited acts under this Section include retaliatory action

in the workplace or prejudicial conduct towards informers for making said


disclosures, such as: discriminatory actions veiled behind policy and procedure,
mostly to avoid claims of victimization; reprimand; punitive transfer; referral to
a psychiatrist or counsellor; and undue poor performance reviews. Other
prejudicial conducts include obstruction of tne ‘investigation, withdrawal of
essential resources, adverse reports and the attachment of unfair personnel file
notes.

To this end, any employer shall discourage and impose sanctions on
reprisals based on workplace interaction, which shall include workplace
ostracism, questions and attacks on motives, accusations of disloyalty and
dysfunction, public humiliation and the denial of work necessary for promotion.
any employer who does, causes or encourages retaliatory action or reprisal
against an informer or anyone believed or suspected to have made a protected
disclosure shall be liable for an offense defined under this Act. Any employee
who refuses to follow orders of an employer 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 against retaliatory action in the workplace.
prejudicial conduct, or discriminatory treatment against an informer or a person
believed or suspected to be one, an employment applicant shall be deemed an
employee and entitled to such protection.

In no case shall an informer be removed from, demoted in work or on

account of his absences necessitated by his discharge of his duties under this


Act; Provided however, that his employer shall be notified through a
certification issued by the Office of the Ombudsman, within a period of thirty
(30) days from the date when the informer last reported for work; Provided
further, that in case of prolonged absence due to transfer or permanent
relocation under this Act, the employer shall have the option to remove the
informer from employment after securing clearance from the Office of the
Ombudsman which shall bind the Department of Labor and Employment.

SEC. 11. Security and Protection of the Informer. - When determined
to be necessary and appropriate by the Office of the Ombudsman, an informer,
even if the disclosure is made in confidence, shall be entitled to personal
security. Should at any time, the identity of the informer be revealed, or his
anonymity compromised, the informer shall, in addition to the other benefits of
an informer under this Act, and when warranted: be entitled to the applicable
additional benefits of the Legal Protection Services established under this Act.

SEC. 12. Financial Reward for Informers. - The informer shall be
entitled to a corresponding monetary reward in accordance with the provisions
of this Act and its implementing rules and regulations.

For cases susceptible to pecuniary estimation, such as Plunder, forfeiture
of ill-gotten wealth, bribery, malversation and damage or injury to government,
the informer shall be entitled to ten percent (10%) of the amount recovered by

final judgment.


For cases not susceptible of pecuniary estimation, the informer shall

receive an amount in accordance with the following schedule:

SALARY GRADE OF MOST | FINANCIAL REWARD OF QUALIFIED
SENIOR RESPONDENT INFORMER
sins. - TEN MILLION PESOS (P 10,000,000.00)
(ee SEVEN MILLION PESOS (P 7,000,000.00)
31 SIX MILLION PESOS (P 6,000,000. 00) |
30 FIVE MILLION PESOS (P 5,000,000.00)
29 |__ FOUR MILLION PESOS (P 4,000,000.00)
28 ___|__ THREE MILLION PESOS (P 3,000, 000.00)
27 TWO. MILLION PESOS (P 2,000, 000,00)
mo ONE MILLION PESOS (P 1,000,000.00)
21T0O25 SEVEN HUNDRED THOUSAND PESOS (P 700.000.00)
16 TO 20 FIVE HUNDRED THOUSAND PESOS (P 500,000.00)
11 TO15 : THREE HUNDRED THOUSAND PESOS (P 300,000.00)
6TO 10 TWO HUNDRED THOUSAND PESOS (P 200,000.00) |
1TO5 - ONE HUNDRED THOUSAND PESOS (P 100,000.00)

During the pendency of the case, however, the informer shall be
advanced the amount equivalent to not less than Twenty Five Percent (25%) of
the total reward due consistent with the nature of the case and the amount
involved and deemed recoverable, This shall be given in accordance with the
rules and regulations implementing this Act.

Persons under Section 24 (c), (d), and (¢) shall njot be qualified to receive
benefits under this Section.

SEC. 13. 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 informers, including the obligations of


employers under this Act. Such abstract shal! be provided in the Rules and
Regulations to be promulgated in implementation of this Act.

All government agencies, offices, bureaus and local government units,
including government-owned or controlled corporations, whether or not with
original charters, are likewise required to put in place internal procedures for
dealing with informers, consistent with the provisions of this Act and the rules
and regulations to be promulgated for its implementation, Said internal
procedure shall be widely disseminated to all the employees.

ARTICLE Vv
CONDITIONS FOR BENEFITS OF A PROTECTED DISCLOSURE

SEC. 14. Conditions for Protected Disclosure. - Informers, whether
from the public or private sector, shall be entitled to benefits under Article ITI of
this Act; provided, that all the following requisites concur:

(a) The disclosure is made voluntarily, in writing and under oath.

(b) The disclosure relates to conduct constituting graft and corrunption

under Section 4 of this Act

(c) The disclosure pertains to a matter not yet the subject of a complaint

already filed with, or investigated by the Office of the Ombudsman or by

any other investigating agency; unless, if in the opinion of the

Ombudsman, the disclosures are necessary for the effective and

successful prosecution, or essential for the acquisition of material

evidence not yet in its possession.


(d) The disclosure is made before any qualified person, office, or agency

as defined under Section 15 of this Act.

(e) The informer assists or participates in the proceedings commenced to

enforce the provisions of this Act in connection with the subject matter of

his/her disclosure.

( The information given by the informer can be supported by other

material evidence, and,

(g) The information disclosed leads to a successful conduct of

investigation and gathering of evidence sufficient to sustain a finding of

probable cause for the filing of a criminal indictment before the court of

competent jurisdiction, or of prima facie case for the filing of a petition

for forfeiture of ill-gotten wealth under republic Act no. 1379.

SEC. 15. Qualified Person, Office or Agency. - A qualified person.
office or agency before which a protected disclosure can be made shall include:

(a) Officials and employees of the office of the Ombudsman;

(b) Secretaries and Undersecretaries of Departments;

(c) Members of Congress;

(d) Local chief executives of local government units;

(c) heads of public offices, agencies, bureaus and government-owned or

controlled corporations:

(£) Prosecutors and officials of the Department of Justice;


(g) Members of the Armed Forces of the Philippines, the Philippine
National Police, the National Bureau of Investigation and other law
enforcement offices; and
(f) Members of the media,

SE

'. 16. Necessity for Testimony, - Unless found by the Office of the
Ombudsman to be necessary and indispensible for the successful prosecution of
the persons subject of the protected disclosure, the testimony of the informer in
court shall not be necessary for the receipt or enjoyment by the informer of the
benefits of this Act. In the event that the informer’s testimony is required, he
shall be entitled to the additional benefits of this Act. In the event that the
informer's testimony is required, he shall be entijled to the additional benefits
and protection of the Legal protection Service.

SEC. 17. Unprotected Disclosures. - The following disclosures shall not
be deemed a protected disclosure under this Act.

(a) Disclosures made by a public officer or employee in connection with a

matter subject of his official investigation;

(b) Disclosures which later appear to be groundless or without basis. An

investigation may be declined or discontinued if it is shown that the

disclosure was made without reasonable grounds;

(c) Disclosures concerning merits of government policy, unless the same

is contrary to law or covered by Section 4 of this Act;

(d) False or misleading disclosures; and


(e) Disclosures that were later retracted by the informer for any reason.

Such person shall lose the right to claim benefit or protection under this

Act for the same or future disclosures.

SEC. 18. Disclosures Made by a Party. - A disclosure made by a person
who is himself a party to the disclosed conduct constituting graft and
corruption, whether as a principal, accomplice ‘or accessory, is deemed a
protected disclosure under this Act and such person shall be entitled to the
benefits of an informer; provided

(a) The informer complies with the conditions under Section 14 hereof,

(b) The informer has not been previously convicted by final judgment of

a crime involving moral turpitude; and

(c) The informer shall agree to stand as witness for the State and later

testifies in accordance with his disclosures.

Said person shall be immune from any kind of prosecution respecting the
matter on which he testified.

SEC. 19. Disclosures Prior to this Act. - A disclosure made prior to the
effectivity of this Act shall be deemed a protected disclosure entitled to

protection under this Act; provided; all the conditions herein are satisfied


ARTICLE V
OTHER RIGHTS AND OBLIGATIONS

S|

'. 20. Disclosures Made Before Qualified Persons. - Any person
under Section 15 of this Act to whom a disclosure was made shall have the
following obligations:
(a) Maintain and protect the confidentiality of the identity of the
informer;
(b) Maintain and protect the confidentiality of the subject matter of the
disclosure, until measures have n=been taken to assure the protection and
well-being of the informer, and the said disclosure and subject matter
thereof had been reported to the Office of the Ombudsman; and
(c) Report the disclosure and its full details within thirty 930) days from
such disclosure to the Office of the Ombudsman for its proper
investigation and the processing of the informer to qualify under the
protection and benefits of this Act.

Ss!

. 21, Disclosures Made to other Persons, - Any person not falling
under Section 15 of this Act to whom a disclosure was made shall have the
following obligations:

(a) Maintain and protect the confidentiality of the identity of the

informer;

(b) Maintain and protect the confidentiality of the subject matter of the

disclosure; and


(c) Report the disclosure and its full details within sixty (6) days from

such disclosure to the office of the Ombudsman or any of the qualified

persons enumerated under Section 15 of this Act

Notwithstanding the provisions of Section 15 of this Act, a disclosure
made to a person not included therein shall nevertheless be deemed a protected
disclosure; provided that, there is manifest intention on the part of the informer
to have the same disclosure referred, forwarded or indorsed to any of the
qualified persons under Section 15 of this Act; Provided further, that all the
other conditions under this Act are satisfied; and Provided finallly, that the
disclosure and the subject matter thereof are reported to any qualified person
under Section 15 of this Act.

ARTICLE VI
LEGAL PROTECTION SERVICE

SEC. 22. Legal Protection Service. - A protection program for the
benefit and protection of the informers and witnesses of the Office of the
Ombudsman in pursuit of the provisions of this Act, and which is called the
Office of the Ombudsman's Legal Protection Service, is hereby created. Said
Legal Protection Services shall be controlled and administered by the Office of
the Ombudsman and shall be responsible for the processing, determination
and/or granting of benefits to informers and/or qualified witnesses under this

Act,


SEC. 23. Coverage. - The legal Protection Services contemplated in this
Act and which is to be administered by the Office of the Ombudsman shall
cover only those offenses or conduct constituting graft and corruption specified
under Section 4 of this Act. the Department of KJustice shall continue to
administer its Witness Protection program under Republic Act no. 6981 as to
other cases.

SEC, 24. Qualified Witnesses. - This term, as defined in Section 3(h)
hereof, and subject to their compliance with the provisions of this Act as
determined by the Office of the Ombudsman, shall include the following
persons:

(a) Informers whose testimony is found by the Office of the Ombudsman

to be necessary and indispensible for the successful prosecution of the

persons subject of the protected disclosure under Section 16 of this Act;

(b) Persons covered by Section 18 of this Act who disclose conduct

constituting graft and corruption prior to the discovery thereof or prior to

the filing of any complaint thereon, or the conduct of any investigation in
connection therewith; :

(c) State Witness as defined in this Act;

(d) Persons discharged under Section 17, Rule 11 9 of the Revised Rules

on Criminal Procedure; and

(c) Such other persons who qualify under the provisions of this Act.


SEC. 25. State Witness. - The term shall apply to any person who has
participated in the commission of a conduct constituting graft and corruption
under Section 4 of this Act and who, being already the subject of an
investigation or a respondent or accused in a case already the subject of an
investigation or a respondent or accused in a case already filed with the court or
pending with the Office of the Ombudsman or any other tribunal or agency or
investigative body, in connection with, or about, the very subject matter of his
proposed disclosure and testimony, desires to be a witness for the State.

SEC. 26. Rights and Benefits of Qualified Witnesses. - When
necessary, qualified witness under this Act shall have the following rights and
benefits:

(a) Personal and bodily security and protection;
(b) A secure housing facility until he has testified or until the threat,
intimidation or harassment disappears or is reduced to a manageable or
tolerable level. When the circumstances warrant, the witness shall be
entitled to relocation and/or change of personal identity at the expense of
the government. This right may be extended to any member of the family
of the witness within the second civil degree of consanguinity or affinity;

(c) Assistance from the goverment, or through the Office of the

Ombudsman, in obtaining a means of livelihood. Further, should the

witness be relocated pursuant to this Act, he shall be entitled to a


financial assistance for his support and that of his family in such amount
and for such duration as the Office of the Ombudsman may determine;

(4) Compensation in the amount equivalent to his salaries or wages for
such number of days of absence occasioned by the necessity to stand as
witness for the State, For purposes of this Act, any fraction of a day shall
constitute a full day salary or wage. This provision shall be applicable to
both government and private employees;

sistence allowance in such

(c) Reasonable travelling expenses and sul
amount as the Office of the Ombudsman may provide in accordance with
the implementing rules and regulations of this Act, for his attendance and
presence at court, office, authority or other places pursuant to his
discharge of his obligations herein;

(f) Free medical treatment, hospitalization and medicines for any injury

or illness incurred or suffered by him because of witness duty in any

private or public hospital, clinic, or at any such institution at the expense
of the government;

(g) Financial benefits, in the event that the witness is killed because of or
in connection with the discharge of his obligations under this Act, in the
amount of One Hundred thousand Pesos (P100,000.00), exclusive of any
other similar benefits he may be entitled to under other existing laws;

(h) In case of death or permanent incapacity, his minor or dependent

children shall be entitled to free education, from primary to college level


in any State college or university, as may be determined by the Office of

the Ombudsman, as long as they shall have qualified thereto; and

(i) Protection against disciplinary action or reprisals, including prejudicial

and discriminatory treatment in the workplace, as defined in Section 10 of

this Act.

SEC. 27. Conditions for the Enjoyment of Rights and Benefits. - to be
qualified for the rights and benefits under the foregoing section, the person must
have witnessed or has personal knowledge or information on the commission of
a crime subject hereof and has testified or is testifying or about to testify before
any judicial or quasi-judicial body or before any investigating authority, and
must satisfy the following conditions:

(a) The offense that shall be proven by the testimony must be among

those enumerated in Section 4 of this Act;

(b) There is absolute necessity for his testimony;

(c) There is no other direct evidence available for the proper prosecution

of the offense committed;

(d) His testimony can be substantially corroborated on its material points;

(e) He does not appear to be most guilty; and

(£) He has not at any time been convicted of any crime involving moral

turpitude.

SEC. 28, Personal Security and Protection. - To be entitled to personal

security and protection, a witness who satisfies the foregoing requirements, or


members of his family within the second degsee of consanguinity or affinity,
must be the subject of threats to life or bodily harm or injury or, if in the opinion
of the ombudsman, there is a likelihood of such threat, force, intimidation,
harassment or corruption to prevent said witness from testifyning, or to cause
him to testify falsely, or evasively on account of his testimony.

SEC. 29. Law Enforcers as Witnesses. - nothing in this Act shall
disqualify a law enforcement officer, or otherwise qualified to stand as witness
for the State, from being entitled to the full pretection and benefits of the Legal
Protection Service; Provided, however that the matter for which his testimony is

necessary is not the subject matter of his official investigation or inquiry.

SEC, 30, Formal Requirements. - Any person desiring to be placed

under the coverage of the Legal Protection Service of the Office of the

Ombudsman and who shall stand as a witness for the State, shall execute a
sworn statement detailing his knowledge or information, which he shall warrant
to be the truth, on the commission of the offenses within the coverage of
Section 4 of this Act, as well as a Memorandum of Agreement.

SEC. 31. Memorandum of Agreement. - Before a person is provided
protection as an informer or witness for the State, he shall first execute a
memorandum of Agreement which shall set forth his responsibilities including
the following

(a) Except insofar as provided in Section 16 of this Act for informers, to

testify before and provide information to all appropriate law enforcement


officials concerning all appropriate proceedings in connection with or

arising from the activities involved in the offense subject matter thereof;

(b) To avoid the commission of a crime;

(c) To take all necessary precaustions to avoid detection by others of the

facts concerning the protection provided him under this Act;

(d) To comply with legal obligations and civil judgments against him;

(e) To cooperate with respect to all reasonable requests of officers and

employees of the government who are providing protection under this

Act; and

(f) To regularly inform the appropriate program official of his current

activities and address,

SEC. 32. Breach of the memorandum of Agreement. - Substantial
breach of the Memorandum of Agreement shall be a ground for the termination
of the protection provided under this Act; Provided, however, that before
terminating such protection, the Ombudsman shall send notice to the person
involved of the termination of the protection provided under this Act; stating
therein the reason for such termination, Reasonable time shall be afforded the
witness to take the appropriate and necessary measures for his protection and
security in view of the termination of the protection in this Act.

SEC, 33. Confidentiality of Proceedings. - All proceedings involving
application and/or enjoyment of the benefits under the Legal Protection Service

of the Office of the Ombudsman, 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 Office of the
Ombudsman, and when, in the opinion of the ombudsman, such disclosure shall
not endanger the life of a qualified witness.

SEC. 34. Speedy Hearing or Trial. - in any case where a person
qualified as a witness for the State and under the protection of the Legal
protection Service of the Office of the Ombudsman shall testify, the judicial or
quasi-judicial body, or investigating authority shall assure a speedy hearing or
trial on such case and shall endeavor to finish said proceeding within three (3)
months from the filing of the case.

SEC. 35. Immunity. - A qualified witness shall be immune from
criminal prosecution for the offense or offenses about which he gave or will
give his testimony, or in which connection his testimony shall be used.

SEC. 36. Restitution. - For a witness under Section 25 of this Act to
qualify as a witness under the legal protection Service of the Office of the
Ombudsman and enjoy its rights and benefits, he shall, in addition to the other
conditions herein, restitute or compensate the government in such amount or
amounts, or properties he may have received by reason, or in consideration of.
his participation in the conduct constituting graft and corruption sun=bject of
his testimony.

SEC. 37. Failure or Refusal of the Witness to Testify. - Any qualified

witness enjoying the benefits under the Legal Protection Service who fails or


refuses to testify, or to continue to testify, or who adversely varies his testimony.
without just cause, shall be prosecuted for contempt. If he testifies falsely or
evasively, he shall be liable to prosecution for perjury. Any of the foregoing
shall be sufficient for the termination of the benefits and protection under this
Act and the loss of his other rights herein, including his immunity from criminal
prosecution.

SEC. 38. Compelled Testimony, - Any witness qualified under or
pursuant to Section 25 of this Act cannot refuse to testify or decline the
production of evidence, including bank documents, books, financial documents,
records or writings necessary for the understanding or prosecution of the
offense or offenses for which he has agreed to testify. However, he shall enjoy
immunity from criminal prosecution and cannot be subjected to any penalty or
forfeiture for any transaction, matter or thing concerning his compelled
testimony or production of books, documents, records and writings,

in case of refusal of said witness to testify or give evidence or produce

books, documents, records, or writings, on the ground of the right against self:

incrimination, and the Office of the Ombudsman believes that such evidence is
absolutely necessary for a successful prosecution of the offense or offenses
charged or under investigation, the Office of the Ombudsman shall, even during
the pendency of an investigation and prior to the commencement of an action in

court, file a petition with the appropriate court for the issuance of an order


requiring such testimony, or production of evidence, books, documents, records,
writings described, and the court shall issue the proper order.

In addition, the court, upon motion of the office of the Ombudsman, shall
order the arrest and detention of the witness in any jail at or near the place of
trial or investigation until such time that the witness is willing to give such
testimony or produce such evidence, books, documents, records, and writings
necessary,

SEC. 39. Credibility of Witness. - In all criminal cases, the fact of the
entitlement of the qualified witness to the protection and benefits provided for
in this Act shall not be admissible in evidence to diminish or affect his
credibility.

SEC. 40. Powers and Functions of the Ombudsman. - In addition to its
powers and functions under existing laws, the Office of the Ombudsman shall
have the following powers and functions:

(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 and prosecute the

same, when warranted;

(c) Evaluate the qualifications of informers and witnesses for coverage

within this Act, and make the appropriate decision on their entitlement to

the benefits 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

informers of graft and corrupt activities with a view to effective

deterrence and/or prosecution;

(£) Control and administer, consistent with the provisions and purpose of

this Act, a Legal Protection Service for the protection and benefit of the

informers and witnesses of the State in connection with the cases within

the coverage of Section 4 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 provisions of this Act and its

implementing rules and regulations.

ARTICLE VII
REMEDIES AND SANCTIONS

SEC. 41. Violation of Confidentiality. - Any person who violates the
protection of confidentiality of a protected disclosure under Sections 8, 9, 20,
21 of this Act, and of the confidentiality of proceedings under Section 32 of this
Act. shall be guilty of an offense and shall suffer the penalty of not more than

six (6) years, but not less than six (6) months imprisonment, and shall be civilly


liable to indemnify the informer or qualified witness in such amount of damages
as may be awarded and deemed reasonable by a competent court.

SEC. 42. Retaliatory Action in the Work Place. - Any person who shall
make or cause prejudicial conduct and reprisals, as defined in this Act, against
an employee who is an informer or believed or suspected to be one, or a
qualified witness under this Act, shall be guilty of an offense and shall suffer
the penalty on not more than six (6) months imprisonment, and shall be civilly
liable to indemnify the informer or qualified witness in such amount of damages
as may be awarded and deemed reasonable by a competent court.

Towards this end, the aggrieved informer or qualified witness 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
informer’s testimony.

The proceedings herein shall be independent of any action that an
aggrieved person may take before the Civil Service Commission, the
Department of Labor and Employment for unfair or discriminatory practices,
backwages, or other labor disputes, or before othér quasi-judicial agencies that
may or may not have arisen from a protected disclosure or believed or suspected
disclosure.

SEC. 43. Discriminatory Hiring. - Any person, firm, corporation, office
or employer who shall deny employment from a qualified applicant, or who

shall reject his application for employment, due to knowledge, belief or


suspicion that the applicant is an informer or a witness for the State, shall be
guilty of an offense and shall suffer the penalty of not more than two (2) months
imprisonment, and shall be civilly liable to indemnify the informer in such
amount of damages as may be awarded and deemed reasonable by a competent
court. ;

SEC. 44. Failure of an Employer to Post Abstract. - The failure to post
an Abstract required under Section 11 of this Act shall constitute an offense and
shall be penalized with a fine in the amount of Fifty Thousand Pesos (P
50,000.00). For purposes of exacting the fine, the president, manager, or head of
office, bureau or agency shall be held responsible.

SEC. 45, Failure to :Act or Report to the Office of the Ombudsman. -
Any person under obligation to report a Gliclonice: under this Act to the Office
of the Ombudsman, who fails to do so within the period prescribed, 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 one (1) month imprisonment, and/or a
fine of not more than Fifty Thousand Pesos (P 50,000.00).

SEC. 46. False and Misleading Disclosures and Testimony. - Any
person who deliberately and voluntarily gives false or misleading information or
testimony in connection with conduct constituting graft and corruption under
this Act shall, unless such act is already punishable by some other law more

severely, be guilty of an offense and shall suffer the penalty of imprisonment of


in addition to other criminal and civil

not more than Twelve (12) years
liabilities he may incur under existing laws.

SEC. 47. Penalty for Harassment of Witness. - Any person who
harasses a qualified witness and thereby hinders, delays, prevents or dissuades
said witness from:

(a) Attending or testifying before any judicial or quasi-judicial body or

investigating authority; or from,

(b) Reporting to a law enforcement officer or judge the commission or

ible commission of an offense, or a violation of conditions or

pos
probation, parole, or release pending judicial proceedings; or from,

(c) Seeking the arrest of another person in connection with the offense; or
from,

(d) Causing a criminal prosecution, or a proceeding for the revocation of
a parole or probation; or from,

(c) 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 (P
100,000.00) or suffer imprisonment of not less than six (6) months but
not more than six (6) years, or both, at the discretion of the court, and
shall also suffer the penalty of perpetual disqualification from holding

public office in case of a public officer.


ARTICLE VIII
MISCELLANEOUS PROVISIONS.

SEC. 48. Implementing Rules and Regulations. - Within six (6) months
from the effectivity of this Act, the Office of the Ombudsman shall promulgate
the Implementing Rules and Regulations of this Act.

SEC. 49. Appropriations. - The amount of Two hundred Million Pesos
(P 200,000,000.00) is hereby appropriated from the Office of the President and
released to the Office of the Ombudsman to implement and enforce the
provisions of this Act, including the establishment and operation of its Legal
Protection Service. Thereafter, such funds as are necessary for the effective and
continued implementation of this Act shall be taken from and included in, the
annual General Appropriations Act.

SEC. 50. Transition. - The Witness Protection Program administered by
the Department of Justice shall continue to administer and cover witnesses
otherwise covered herein by the Legal Protection Service of the Office of the
Ombudsman, until the Office of the Ombudsman shall have established its own
Legal Protection Service, promulgated its rules and regulations and completed
its logistics necessary for the operation of the Legal Protection Service, which
shall not be more than nine (9) months from the effectivity of this Act.

SEC. 51. Separability Clause. - If any part, section or provision of this
Act is held invalid or unconstitutional, other provisions not affected thereby

shall remain in full force and effect.


SE

52. Repealing Clause. - All laws, decrees, orders, rules and
regulations or other issuances inconsistent with the provisions of this Act are

hereby repealed, amended or modified accordingly.

SEC. 53. Effectivity. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) national newspapers of general

circulation.

Approved,