Republic of the Philippin:
HOUSE OF REPRESENTA’
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 145

Introduced by: HON. FRANCIS GERALD AGUINALDO ABAYA

EXPLANATORY NOTE

With the view of combating corruption in the government, one of the best ways
to discover and prosecute erring public officials is through the information from reliable
witnesses to the corrupt acts of these public officers, However, the lack of a legal
framework for giving rewards and protection: to informers has resulted in minimal
protection to the informant and his family from possible retaliation. trial by publicity or
an outright miscarriage of justice. Moreover, the strong societal pressure from the possible
stigma that may attach to an informant caused by divulging information detrimental to a
neighbor or colleague more often than not outweighs any motivation to speak up.

With these scenarios, corrupt government officials and employees are emboldened
to continue their nefarious activities as they feel little fear of exposure. At the same time,
the potential informants are discouraged and de-motivated because they anticipate
nothing but further hardship when they evaluate the effects of any act of disclosure.

‘Thus, a mechanism to secure the person of the informant and counter the stigma
of ostracism must be set up so that any potential informer on graft and corrupt activities
will not hesitate to come out in the open. This bill seeks to support the efforts of the
Government to rid itself of corruption by setting up a system of rewards and protection
for informants and their families.

This bill will set up such a mechanism specifically by (1) establishing a monetary-
based rewards system for the benefit of informers, (2) protect ng informants against
reprisals and against civil or criminal liability when they make putfic interest, disclosures,
(8) ensuring that public disclosures are made to the proper pubtic entity and not the
media, (4) ensuring that the inappropriate publication of unsubstantiated disclosures docs


not damage the reputation of those accused, and (5) ensuring that proper records
disclosures are kept.

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

FRANCIS GERALD AGUINALDO ARAYA
Representative, First District, Zayité

on


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

145

HOUSE BILL NO.

Introduced by: HON. FRANCIS GERALD AGUINALDO ABAYA.

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

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

Congress assembled:

ARTICLE
GENERAL PROVISIONS

SECTION 1. Shore Title. - This Act shall be known as the “Informers and Anti-
Corruption Witnesses Protection Act of 2013." It shall hereinafter be referred to as the
Act.

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 through the prosecution of corrupt and erring
public officers and employees; and
(6) 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 those who testify for the prosecution 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 provided 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 cor tituting 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.


i
(©) “Public officers and employees” shall mean elective or appointive officials and

of the national or local

employees, whether permanent or temporary,
government, whether in the career or non-career service, including police,
military and other law enforcement personnel. This includes officers and

‘employees of government-owned or controlled corporations, whether or not

with original charters, The term shall also include any person who has been
appointed, designated or named by the government as its agent,
representative, nominee, or any person having similar designation, in any

private corporation,

=

“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.

(©) “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 an employee as defined inthis
Act

() “Retaliacory Actionshall 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 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 mae this Act

(h) “Qualified Witness"shall mean a person qualified and adn itted into the Legal

\

Protection Service of the Office of the Ombudsman in actordance with this

Act.

ARTICLE II
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 omi

ions of public

officers or employees 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;
(©) Republic Act No. 6713;
(d) Republic Act No, 7080;
(©) 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 IIL
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,

Sic. 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 di

‘losure or

information given to a qualified person, office or agency as defined under Section 15 of

this Act.


Sc. 7. No Breach of Duty of Confidentiality. - A person who has made a protected
Aisclosure 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.

St. 8. Confidentiality. - Except insofar as allowed by this Act, at all times during
and after the protected disclosure, and throughout and after ar\y proceeding taken
thereafter, the informer is entitled to absolute confidentiality as to:

(@) his identity;

(b) the subject matter of his disclosure; and

(©) 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 corruption; unless,
notwithstanding such public disclosure, he has taken means and measures obviously
intended to preserve his anonymity.

Sec. 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:

(@) 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 te any person who has
become privy to any confidential information, whether officially or by other means,

Ske. 10, Protection Against Disciplinary Action or Reprisals, ec 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

the workplace or prejudicial conduct towards
informers for making said disclosires, such as: discriminatory actions veiled behind policy
and procedure, mostly to avoid claims of victimization; reprimand; punitiye transfer;
referral to a psychiatrist or counselor; and undue poor performance reviews. Other
Prejudicial conducts include obstruction of the investigation, withdrawal of essential
tesources, 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 a 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 a 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 a informer be removed from, or demoted in, work because 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 the 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 alter securing clearance from the Office

of the Ombudsman, which shall bind the Department of Labor and Employment.

Sic. 11. Security and Protection of the Informer. - When determined to be
necessary and appropriate by the Office of the Ombudsman, a informer, even if the
disclosure is made in confidence, shall be entitled to Personal security, Should, at
Noyrime; the Identity of the informer be revealed, or his anonymity compromised, the
informer shal, in addition to the other benefits ofa informer under this Act, and when

Warranted, be entitled to the applicable additional benefits of the Legal Protection Service

ablished under this Act

SiC. 12. Financial Reward for Informers. -The informer shall be entitled to a

SiSbenaing totietiry reWvard in ecronlance: wich the provisions af thi Act and

implementing rules and regulations,

i


For cases susceptible to pecuniary estimation, such as Plunder, forfeiture of ilt

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 FINANCIAL REWARD OF
‘MOST SENIOR RESPONDENT QUALIFIED INFORMER
Ten Million Pesos (P 10,000,000.00)

Four Million Pesos (P 4,000,000.00)

‘Three Million Pesos (P 3,000,000.00)
‘Two Million Pesos (P 2,000,000.00)

~_One Million Pesos (P 1,000,000.00)

21 t0 25 Seven Hundred Thousand Pesos (P 700,000.00)
16 to 20 Five Hundred Thousand Pesos (P 500,000.00)
lito 15 ‘Three Hundred Thousand Pesos (P 300,000.00)
6 t0 10 ‘Two Hundred Thousand Pesos (P 200,000.00)
115 | 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 (e) shall not be qualified to receive the
benefits under this Section.
Sec. 18. 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 abstra:t of this Act and the


rights and protections of informers, including the obligations of employers under this Act.
Such abstract shall 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 IV
CONDITIONS FOR BENEFITS OF A PROTECTED DISC/.OSURE

Sec. 14. Conditions for Protected Disclosure. - informers, whether from the public

or private sector, shall be entitled to the benefits under Article III of \his 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 corruption under
Section 4 of this Act.

(©) 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 possess

(d) The disclosure is made before any qualified petson, 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
disclosure,

( The information given by the informer can be supported by other material
evidence, and,

(g) The information disclosed leads to a successfual 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.

Suc. 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;

(©) Members of Congress;

(a) Local chief executives of local government units;

(e) Heads of public offices, agencies, bureaus and government-owned or

controlled corporations;


(f) Prosecutors and officials of the Department of Justice; and
(g) Members of the Armed Forces of the Philippines, the Philippine National
Police, the National Bureau of Investigation and other law enforcement
offices; and
(h) Members of the media.
Sec. 16. Necessity for Testimony. - Unless found by the Office of the Ombudsman
to be necessary and indispensable for the successfull prosecution of the persons subject of

the protected disclosure, the testimony of the informe:

in court shall not be neéessary 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 and
protection of the Legal Protection Service.

S8c. 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 offi

ial 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;

(©) 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


(@) 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.

S8C. 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
(©) 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 p:

‘ution respecting the matter
on which he testified.

Suc. 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
Skc. 20. Disclosures Made Before Qualified Persons. - Any persor\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 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

{e) Report the disclosure and its full detsits within thinty (80) days from such
disclosure to the Office of the Ombudsman for its proper investigation and the
processing ofthe informer to qualify under the protection and benefits of this
‘Act.

Suc. 21. Disclosures Made to Other Persons. - Any person not falling under Section

15 oftthis Act ro whom a disclosure was made shall have the following obligations:

(@) 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

(©) Report the disclosure and its full details within sixty (60) days from such
disclosure to the Ofice of the Ombudsman oF 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 @

person not included therein shall nevertheless be deemed a protectea disclosures 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 unddr Section 15 of this

‘Act; Provided further, that all the other conditions under this Act are satisfied; and

16


Provided finally, that the disclosure and the subject matter thereof ste 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 Service shall be controlled
and administered by the Office of the Ombudsman and shall be responsible for the
processing, determination andor granting of benefits to informers and/or qualified
witnesses under this Act.

SEC, 23. Coverage. - The Legal Protection Service 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 Garervent of Justice shall continue to administer its Witness Protection
Program under Republic Act No. 6981 as to other cases.

Suc. 24. Qualified Witnesses. ‘The 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 Ombudsinan to be
necessary and indispensable 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 et Rules on
Criminal Procedure; and

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

SEC. 25. State Witness. - The term shall mean 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 responilent 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

matter subject of his proposed disclosure and testimony, desires to be a witness for the

Sec. 26. Rights and Benefits of Qualified Witnesses. - When necessary, qualified

witnesses under this Act shall have the following.rights and benefits:

(a) Personal and bodily security and protection; :


(>)

(©)

(d)

13}

'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;

“Assistance from the government, or through the Office of the Ombudsman, in

obtaining a means of livelihood. Further, should the witness be relocated
purstant to this Act, he shall be entitled to a financial assistance for his
support and that o f his family in such amount and for such duration as the
Office of the Ombudsman may determine;

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;

Reasonable traveling expenses and subsistence allowance in such 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 pursu:

to his discharge of

his obligations herein;


(O) 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 (P 100,000.00), 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

(®) 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 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 tha

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;


(©) There is no other direct evidence available for the proper prosecution of
the offense committed;

(@) 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.

Sy

28. Personal Security and Protection. -'Yo be entitled to personal security and

protection, a witness who satisfies the foregoing requirements, or members of his family

within theisecond ‘degree eorsenguinicy ax afiaty, aust be the pabjesr of veers
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
testifying, 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, otherwise qualified to stand as witness for the State, from being

entitled to the full protection and benefits of the Legal Protection Service; Provided,

however, that the matter for which his testimony is necessary is not tl e matter subject 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.


Suc. 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; :

(©) To take all necessary precautions to avoid detection by others of the facts
concerning the protection provided him under this Act;

(4) 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

(To regularly inform the appropriate program official of his current activities
and address.

Suc. 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 under this Act.


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.

Suc. 34. Speedy Hearing or Trial. - \n 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.

si

s shall be immune from criminal

35. Immunity. - A qualified wit

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 subject of his testimony.

Sec. 37. Failure or Refuusal 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

Suc. 38. Compelled Testimony. - Any witness qualified uncer or pursuant to

Section 25 of this Act cannot refuse to testily or decline the production of evidenc

including bank documents, books, financial documents, records or writ\ngs 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,
mination,

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

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, and 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


tnvestigation until such time that the witness is willing to give such testimony of produce
such evidence, books, documents, records, and writings necessary.

Skc. 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;

() Investigate all disclosures made under this Act and prosecute the same, when
warranted;

(6) Evaluate the qualification of informers and witnesses for coverage within this
Act, and make the appropriate decision on their entitlement to the benefits
extended herein;

(€) 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;

(©) Develop plans and implement programs to further encourage informers on
Saft and corrupt activities with a view to effective deterrence and/or

Prosecution;

25


() 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 witl\in 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 ofthis Act; and

(h) Grant immunity in accordance with provisions of this Act and its

implementing rules and regulations.

ARTICLE VII
REMEDIES AND SANCTIONS

Suc. 41. Violation of Confidentiality. - Any person who violates the protection of
confidentiality of a protected disclosure under Sections 8, 9, 20 and 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
a 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 of 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 discrimin:

ory treatment by rgtson of the informer's testimony.

‘The proceedings herein shall be independent of any action that an aggrieved

person may take before the Civil Service Commis

‘ion, the Department of Labor and
Employment for unfair or discriminatory practices, backwages, or other labor disputes, or
before other 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 bxacting


the fine, the president, manager, or head of office, bureau or agency shall be held
responsible

Suc. 45, Failure to Act or Report to the Otfice of the Ombudsman. ~ Any person
under obligation to report a disclosure 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 amounting of not more than Fifty
Thousand Pesos (P 50,000.00). °

Sec, 46. False and Misleading Disclosures and Testimony. - Any persgn 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 not more than twel\e (12) years, in
addition to other criminal and civil liability he may incur under existing dws

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 possible
commission of an offense, or a violation of conditions of 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, ot a proceeding for the revocation of a parole

or probation; or from,

(©) Performing and enjoying the rights and benefits under this Act or attempts to

doo,

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

Suc. 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 Only (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.

Suc. 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 Proleetion Service, promulgated
its rules 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 t

Act.
Suc. 51. Separability Clause. - If any provision of this Act or the application of such
Provision to any person or circumstances is declared, with finality, to be invalid or

‘unconstitutional, the same shall not affect the remainder of the Act or its other provisions

application of such provision to other persons or circumstances, B

Suc. 52. Efecectivity Clause. - This Act shall take effect within fi'teen days after its
publication in the Official Gazette and in at least two (2) national meaner of general
circulation.

Skc. 53. Repealing Clause. - All laws, decrees, executive orders, issuances, rules

and regulations inconsistent with this Act are hereby repealed or modified accordingly.

Approved,