Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

p.Nno__419

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA,

EXPLANATORY NOTE,

‘A comparative study of the laws of various nations dealing with anti-corruption efforts
and good government, will show that the Philippines has some very good laws on these matters,
Offteritimes, 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 (o secure the person of the informant must be set
up so that any potential informer on graft and corruption activities will not hesitate to come out
in the open. This bill will set up such mechanism specifically by (1) establishing an incentive
based rewards system for the benefit of informers, (2) protecting informants whey they make
disclosures, (3) ensuring that public disclosures are made to the proper public entity and not the
media, (4) ensuring that the inappropriate publication of unsubstantiated disclosures does not
damage the reputation of those accused and (5) ensuring that proper records on disclosures are
kept

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

0 “SONNY” M. ANGARA
Representative
Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

Intreduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

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:

: ARTICLE
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the “Good Government Witness

Protection Program Act of 2010”

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
(©) 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.


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Nothing in this Ace shall diminish or restrict the entitlement, receipt or enjoyment

by an informer or qualified witnesses of more or higher benefits provided in existing

Jaws,

kc. 3. Definition of Terms. ~As used in this Act, the following terms shall have the

following meanings:

(a) ‘Protected disclosure” shal! 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.

4 fyi @) Tnformer” shall meen 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 rit eatin graft and cormption. The
term, however, shall not inchide a public officer or emplayee who makes a
disclosure in connection with a matter subject of his official investigation,

(©) "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, inchiding police,
military and other law enforcement personnel, This includes offiders 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

(4) “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


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defined in this Act, as weil as any person considered an “employee” under the
Labor Code.

“Bmployer” shall mean any individual, parmership, 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 in this Act,
“Retaliatory Action” shall mean reprisals and negative or obstructive responses oF
zeactions 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 so, 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.

“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.

“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 IE
COVERAGE OF PROTECTED DISCLOSURE

SEC. 4, Coverage. - Conduct constituting graft and corruption, whether or not

consummated or commenced hefore the effectivity of this Act, which is subject to the


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protected disclosure under this Act shall mean conduct, acts or omissions 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 11 and VII of Book Two of the Revised Penal Code.

‘The protected disclosure under this Act shall also include disclosures as to prejudicial
ycgndyct, acts or omissions, within the jurisdiction of the Office af the Ombudsman under
Republic Act No. 6770.

ARTICLE III
RIGHTS AND BENEFITS OF INFORMERS

SEC. 5, Protection Against Other Actions. - Any person who has made a provected
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 ot
proceeding taken against him by any person subject of the protected disclosure and by reason
thereof,

S86. 6. Defense of Privileged Communication. - Any person who has made 2 protected
disclosure under this Act shall have, as defense in any other inguiry or proceeding, the
absolute privilege with respect to the subject matter of the disclostne or information given to

a qualified person, office or agency as defined under Section 15 of this Act.



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Suc. 7. No Breach of Duty of Confidentiality. - \ person who has made a protected
disclosure under this Act on whom a provision of law, regulation, issuance, practice, or other
convention, imposes « duty to maintain confidentialicy-with respect to any information
disclosed, is considered not to have committed a breach thereof.

Suc, 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:

@) his identitys

(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 sich
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:

(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

(©) 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.


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Src. 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 co
disciplinary action for making such protected disclosure. Prohibited ac:s 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 counselor; and undue poor performance reviews. Other prejudicial conducts
include obstruction of the 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 om
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 enconrages 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 ta
be one, an employment applicant shall be deemed an employee and entitled to such
protection,

Tn no case shall informer be removed fram, ar 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


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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 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, a informer, even if the disclosure is made
in confidence, shall be entitled to personal security. Should, at anytime, the identity of the
informer be revealed, or his anonymity compromised, the informer shall, in addition to the
other ‘benefits of a informer under this Act, and when warranted, be entitled to the
applicable additional benefits of the Legal Protection Service established under this Act.

+ SB. 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 end damage or injury to government, the informer shall be
entitled to ten percent (109%) 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 7
MOST SENIOR RESPONDENT QUALIFIED TNFORMER.

3 “Ten Million Pesos (P 10,000,000.00)

32 “___Seven Million Pesos (P 7,000,000.00) |

31 ‘Six Million Pesos (P 6,000,000.00) | _

0 os fh Five Million Pesos (P 5,000,000.00)_

29 Four Million Pesos (P 4,000,000.00) |
2B | “Three Million Pesos (P 3,000,000.00)
27 ‘Two Million Pesos (P 2,000,000.00)
6 ‘One Million Pesos (P 1,000,000.00)
21 t035 Seven Hundred Thousand Pesos (P 700,000.00)
16 10 30 Five Hundred Thousand Pesos (P 500,000.00)
liels Three Hundred Thousand Pasos (P 300,000.00)

C 6% 10 Two Hundred Thousand Pesos (P 200,000.00) |
1105, ‘One Hundred Thousand Pesos (P 100,000.00)



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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. 13, Abstract. - All government agencies, offices, bureaus and local government
units, inchuding 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 shell be
proyided 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 reguletions 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 DISCLOSURE.

Sic. 14. Conditions for Protected Disclosure. - informers, whether from the public or
private sector, shall be entitled to the 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 corruption under Section 4

of this Act.


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(©) 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 othér
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.

(@) The disclosure is made before any qualified person, office or agency as defined
under Section 15 of this Act.

(€) 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

1. evidence, and,

(g) The information disclosed leads to a successful condver of investigation und
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 he 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;
(e) Heads of public offices, agencies, bureaus and government-owned or controlled
corporations;

(® Prosecutors and officials of the Department of justice; and


I (g) Members of the Armed Forces of the Philippines, the Philippine National Police,

2 the National Bureau of Investigation and other law enforcement offices; and
3 (h) Members of the media.
4 SEC. 16, Necessity for Testimony. - Unless found by the Office of the Ombudsman to

5 be necessary and indispensable for the successful prosecution of the persons subject of the
6 protected disclosure, the testimony of the informer in court shall not be necessary for the
7 receipt or enjoyment by the informer of the benefits of this Act. In the event that the
8 informer's testimony is required, he ehall be entitled to the additional benefits and protection

9 ofthe Legal Protection Service.

Aish

39 $80. 17, Unprotected Disclosures. - The following disclosures shall not be deemed a
1,,, ptotected disclosure under this Act:

2 {@} Disclosures made by a public officer or employee in connection with a matter
B subject of his official investigation;
4 (H) Disclosures which later appear to be groundless or without basis, An
15 investigation may be declined or discontinued if it is shown that the discostue
16 ‘was made without reasonable grounds;
"7 (6) Disclosures concerning merits of govemment policy, imless the same is contrary
18 to law or covered by Section 4 of this Act:
19 "  (@) False or misleading disclosures; and
20 (6) Disclosures that were later retracted by the informer for any reason, Such person
au shall lose the right to claim benefit or protection under this Act for the, same or
n fature disclosures
2 SEC. 18. Disclosures Made by a Party. - A disclosure made by a person who is himself

24 a party to the disclosed conduct constituting graft und corruption, whether as a principal,


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accomplice or accessory, is deemed a protected disclosure under this Act and such person
shall be entitled to the benefits of am 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 prosecution respecting the matter on
which he testified.
SRC. 19, Disclosures Prior to this Act. - & disclosure made prior to the effectivity of

this Act shall be deemed a protected disclosure entitled to protection under this Act;

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provided; all the conditions herein are satisfied.

ARTICLE V
ULHER RIGHTS AND OBLIGATIONS

SkC. 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 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 .

(©) Report the disclosure und its full details within thirty (30) 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.


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Src. 21. Disclasures 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:

(2) Maintain and protect the confidentiality of the identity of the informer;

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

(©) Report the disclosure and its full details within sixty (60) 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

, thep, 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
finally, 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 calted the Office of the Ombudsman's Legal Protection
Service, is hereby created. Said Legal Protection Service shall be controlied 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

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conduct constituting graft and corruption specified under Section 4 of this Act, The
Department of Justice shall continue to administer its Witness Protection Program under
Republic Act No. 6981 as to other cases.

SxC. 24, Qualified Witnesses. ~ The term, as defined in Section 3(h) hereof, andl
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 indispensable for the successful prosecution of the persons subiect
of the protected disclosure under Section 16 of this Act;

. (b) Persons covered by Section 18 of this Act who disclose conduct constituting graft
sihit and corruption prior to the discovery thereof or prior to the filing of any

complaine chereon, or the conduct of any investigation in connection therewith;

(c) State Witness as defined in this Act;

(@) Persons discharged under Section 17, Rule 11 9 of the Revised Rules on Criminal
Procedure; and

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

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

Suc. 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;

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1 (b) A secure housing facility until he has testified or until the threat, intimidation or

2 harassment disappears or is reduced to a manageable or tolerable level. When the

3 circumstances warrant, the witness shall be entitled to relocation and/or change

4 of personal identity at the expense of the government. This right may be extended
ayy to any member of the family of the witness within the second civil degree of
1 6 consanguinity of affinity;
1 (6) Asslstonce from the government, or through the Office of the Ombudsman, in
8 obtaining a means of livelihood. Further, should the witness be relocated
| 9 pursuant to this Act, he shall be entitled to a financial assistance for his support
10 «tnd hat’o f this family in such amount and Bor'euch. duration as tiie Office of the

olga fdga,: Ombudoman may determine;

B (€) Compensation in the amount equivalent to his salaries or wages for such number

B of days of absence occasioned by the necessity to stand as witness for the Sint,

4 For purposes of this Act, any fraction of a day shell constitute a full day salary or

1s wage. This provision shall be applicable co both government and private

16 employees:

"7 (€) Reasonable traveling expenses and subsistence allowance in such amount as the

18 Office of the Ombudsman may provide in accordance with the implementing

19 rules and regulations of this Act, for his attendance and presence at court, office,

20 authority or other places pursuant to his discharge of his obligations herein:

21 (® Free medical treatment, hospitalization and medicines for any injury or illness

2 incurred or suffered by him because of witness duty in any private or public

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

24 (@) Financial benefits, in the event that the witness is killed because of o in

25 connection with the discharge of his obligations under this Act, in the amount of

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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

(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 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 mmust be tog 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:
(©) He does not appear to be most guilty; and
(f) He has not at any time been convicted of any crime involving moral turpitude.
SiC. 28. Personal Security and Protection. - ‘To he entitled to personal security and
protection, a wimess who satisfies the foregoing requirements, or members of his family
within the second degree 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


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threat, force, intimidation, harassment or corruption to prevent seid witness from testifying,
or to cause him to testify falsely, or evasively on account of his testimony.

Sxc. 29. Law Enforcers as Witnesses, - Nothing in this Act shall disqualify « law
enforcement officer, otherwise qualified to stand as witness for the State, from being entitled
to the full protection and benefits of the Lega! Protection Service; Provided, however, that
the matter for which his testimony is necessary is not the matter subject of his official
investigation or inquiry.

$8¢. 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 in

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;

(A) 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

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(O 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

femorandum 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.

ition and/or

Sxc. 33, Confidentiality of Proceedings. - All proceedings involving appli

| \gnioyment 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 Ombudsmen, and when, in the opinion of the

ombudsman, stich disclosure shall not endanger the life of a qualified witness. ,

SKC. 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 shail be immune from criminal prosecution

for the offense or offenses about which he gave or will give his testimony, or in whigh

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 Lega! Protection Service of the Office of the Ombudsman and enjoy its rights and

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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.

Suc, 37. Failure or Refitsal of the Witness to Testify. - Any qualified witness enjoying
the benefits under the Legal Prozection 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,

Src. 38. Compelled Testimany. - 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 sel¥-incrimination; and
the Office of the Ombudsman believes that such evidence is absolutely necessary for @
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

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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 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

4 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;

(©) 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;

(4) 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 on graft

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(© 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 eases 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

| mules and regulations,

ARTICLE VII
KEMEDIES AND SANCTIONS

$n¢. 41, Violstion 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 lable to indemnify the informer or qualified witness in
stich amount of damages as may be awarded and deemed reasonable by a competent court
Sxc. 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 then six (6) months
imprisonment, and shall be civilly liable to indemnify the informer or qualified witness in

stich amount of damages as may be awarded and deemed reasonable by a coriipetent court

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‘Towards this end, the aggrieved informer or qualified wimess shall he 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 Lebor and Emplayment

for unfair or discrimmatory practices, backwages, or other Iebor disputes, or before other

quasi-judicial agencies that may or may not have arisen from a protected disclosure or
believed or suspected disclosure.

SRC. 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
epploymens, due to knowledge, belief or suspicion that the epplicant 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 ee witha
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.

SxC. 45, Failure to Act or Report to the Office 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 co act thereon or cause un
investigation thereof, shall be guilty of an offense and shell 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).

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Spc. 46, False and Misleading Disclosures and Testimony. - Any person who
deliberately and vohentarily 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 twelve (12) years, in addition to other criminal
and civil liability he may incur under existing laws.

Src. 47, Penalty for Harassment of Wirness.~ Any person who haresses 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; oF from,

a) Reporting to a law enforcement officer or judge the commission or possible
commission of an offense, or a violation of conditions or probation, parole, or
release pending judicial proceedings; or from,

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

(4) Causing a criminal prosecution, or a proceeding for the revocation of a parole or

probation; or from,
(€) Performing and enjoying the rights and benefits under this Act ot attempts to do
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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 feom
holding public office in case of a public officer.

ARTICLE Vit
MISCELLANEOUS PROVISIONS:

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Sec. 48. Implementing Rules and Regulations - Within six (6) months fom 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.

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 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 this Act.

Src. 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
otherwise completely enforceable and independent of such invalid provision; or the
application of such provision to other persons or circumstances.

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

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

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

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