| HOUSE OF REPRESENTATIVES
RECEIVED
DATE: 2016
Tinie: _9' 3 Ay,
BY: bj

Republic of the Philippines
HOUSE OF REPRESENTAT!
Quezon City
SEVENTEENTH CONGRESS
First Regular Sessign.,,
HOUSE BILLNO. L997

Introduced by: Hon. Angelina “Helen” D.L.

RFCISTRATION UNIT
BILLS AND iNULX SERVICE
‘an,

AN ACT PROVIDING FOR THE PROTECTION, SECURITY AND BENEFITS
OF WHISTLEBLOWERS AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

According to the Asian Institute of Management’s consolidated report
“Whistleblowing in the Philippines: Awareness, Attitudes and Structures,
whistleblowing against corruption, as an exercise of responsible citizenship, helps create
new societal and organizational cultures and values that emphasize integrity and
honesty in the workplace. It creates inspiring stories that in the long run reduce people's
tolerance for questionable practices of doing business and public service.

Initiatives to encourage whistleblowing in the country are not new. Several laws
were already in place to encourage whistleblowing to curb bribery and other corrupt
practices. However, the existing legal framework barely meets the need for
whistleblower's protection and support. Considering the risks of whistleblowing in a
culture that has a high tolerance for corruption, the existing legal framework fails to
provide attractive incentives for actual whistleblowing.

Hence, this measure is being proposed to help curtail graft and corruption in
government by ensuring the security of whistleblowers who divulge the erring practices
of public officials and employees. It is hoped that through this measure, many citizens
will be encouraged to report improper use of government office as well as corrupt
practices of public officials.

In the best interest of the nation, the immediate approval of this bill is urgently
sought.

(1 Shon

ANGELINA “HELEN” D.L. TAN, M.D.
4" District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 1997

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT PROVIDING FOR THE PROTECTION, SECURITY AND BENEFITS
OF WHISTLEBLOWERS AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. - This Act shall be known as the “Whistleblower
Protection, Security and Benefit Act”.

SEC. 2. Declaration of Policy. - Public office is a public trust. It is the policy of the
State to promote and ensure full accountability in the conduct of its officers and
employees, and exact full retribution from those who shall engage in graft and corrupt
practices. Towards this end, the State shall:

(a) Maintain honesty and high standards of integrity in the public service;

(b) Safeguard the national interest through the investigation and prosecution of
corrupt and erring public officials and employees; and

(c) Encourage and facilitate the disclosure of corrupt conduct and practices in the
public service by providing benefits and protection to whistle blowers.

Nothing in this Act shall diminish or restrict the entitlement, receipt or
enjoyment by a whistle blower of more or higher benefits provided in existing laws.

SEC. 3. Definition of Terms. - As used in this Act, the following terms are hereby
defined as follows:

(a) Acts constituting graft and corruption refer to any conduct, act or omission
of public officers and employees solely or in cooperation or conspiracy with private
persons, which are covered by, or constitute as violations hereof;

(a) Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt
Practices Act";

(2) Sections 7, 8 and 9 of Republic Act No. 6713, otherwise known as the "Code of
Conduct and Ethical Standards for Public Officials and Employees";

(3) Republic Act No. 7080, entitled "An Act Defining and Penalizing the Crime of
Plunder";

(4) Presidential Decree No. 46, entitled "Making it Punishable for Public Officials


and Employees to Receive, and for Private Persons to Give, Gifts on Any Occasion,
Including Christmas”; and

(5) Title VII, Book Two of the Revised Penal Code on "Crimes Committed by
Public Officers”.

(b) Council refers to the Whistleblower Benefits and Protection Council created
pursuant to Section 29 of this Act.

(c) Employee refers to 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 refers to any individual, partnership, association, corporation or
entity, including the government, or any person or group of persons who shall directly
or indirectly for or on behalf of said individual, partnership, (association, corporation or
entity, hires an employee as defined in this Act.

(e) Government refers to the National Government and any of its subdivisions,
agencies or instrumentalities, including government owned and -controlled
corporations and their subsidiaries, and the local government units (LGUs).

(8) Informant refers to any person who has personal knowledge or access to data,
events or information, of any conduct constituting graft and corruption as defined under
this Act by public officer/s and employee/s, and who shall deliberately disclose of
individual, collective or organized conduct constituting graft and corruption as provided
in this Act.

(g) Program refers to the "Whistleblower Protection, Security and Benefit
Program” which the Council shall formulate and implement pursuant to this Act. .

(h) Public officer refers to any person holding any public office in the
Government of the Republic of the Philippines by virtue of an appointment, election or
contract.

(i) Whistleblower refers to an informant admitted into the Program of the
Council in accordance with this Act and its rules and regulations.

(j) Reprisal refers to any negative or obstructive response or reaction to a
disclosure made under this Act aimed at, pertaining to, or against a whistle-blower or
any of the members of the family and relatives up to the second degree of consanguinity
or affinity including, but not limited to, criminal, civil or administrative proceedings
commenced or pursued against said whistle blower or any of the members of the family
or relatives up to the second degree of consanguinity or affinity as well as reprisal in the
workplace.

(k) Reprisal in workplace refers to any discriminatory conduct or policies against
a whistleblower ‘which affect promotion or job assignment including undue negative
performance appraisal, unusual and unwarranted close monitoring by supervisors,
unwarranted criticisms or avoidance by co-employees, blacklisting from other job
opportunities or prejudicial transfers by reason of a disclosure made under this Act.

SEC. 4. Coverage. Conduct constituting graft and corruption, whether
commenced or consummated before the effectivity of this Act, refers to any conduct, act


or omission of public officers and/or employees solely, or in cooperation or conspiracy
with private persons which are covered by, or amount to violations of Presidential
Decree No. 46; Republic Act No. 3019; Sections 7, 8 and 9 of Republic Act No. 6713;
Republic Act No. 7080; and Title VII, Book Two of the Revised Penal Code on "Crimes
Committed by Public Officers”.

SEC. 5. Admission to the Program. - Whistleblowers admitted into the Program,
whether from the public or private sector, shall be entitled to the protection and benefits
under this Act: Provided, That all the following requisites concur:

(a) The disclosure is voluntary, in writing and under oath;

(b) The disclosure relates to conduct constituting graft and corruption under this
Act;

(c) Such disclosure is necessary for an effective and successful investigation or
prosecution, or essential for the acquisition of material evidence not yet in the
possession of the Council;

(d) The information given by the whistleblower can be corroborated; and,

(c) The information disclosed leads to a successful gathering of evidence and/ or
conduct of investigation sufficient to sustain a finding of probable cause for the filing of
a criminal complaint or information before a court of competent jurisdiction.

SEC. 6. Necessity of Testimony. - The testimony of a whistleblower in court shall
not be necessary for the entitlement to the benefits and protection under this Act,
subject to the provision of Section 17 herein. In the event that the whistleblower's
testimony is determined by the Council to be necessary and indispensable to the success
of an investigation or the prosecution of a case, the whistle blower shall be entitled to
the additional benefits and protection under Republic Act No. 6981, otherwise known as
the "Witness Protection, Security and Benefit Act".

SEC. 7. Memorandum of Agreement With the Whistleblower. - As a prerequisite
to the availment of the protection and benefits under this Act, a whistleblower shall
enter into a Memorandum of Agreement with the Department of Justice (DOJ), which
shall set forth the whistle blower's responsibilities including the following:

(a) To provide information to and testify before all inquiries, in aid of legislation,
and before any law enforcement official concerning any appropriate proceeding in
connection with or arising from the activities involved in the offense subject; matter
thereof

(b) To avoid a commission of a crime involving moral turpitude;

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

(d) 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 the whistle blower's
current activities and address.


SEC. 8. Breach of the Memorandum of Agreement. - Substantial breach of the
Memorandum of Agreement shall be a ground for the immediate termination of the
protection and benefits provided under this Act. The Council shall send notice to a
whistle blower concerned, stating therein the reason for such termination. In view
thereof, a whistleblower shall be afforded reasonable time to take appropriate and
necessary protection and security measures. In addition, the whistle blower shall return
all the financial rewards received pursuant to Section 17 of this Act.

SEC. 9. Protection Against Other Actions. - A whistleblower or an informant who
has made a disclosure under this Act shall not be subject to any liability in any
proceeding. Any disclosure made or any document submitted to the Council shall be
inadmissible in evidence against the whistleblower.

This protection shall also operate as immunity in favor of a whistleblower or
informant against any action or, proceeding taken against the whistleblower by any
person subject of a disclosure, by reason thereof and acts in relation to subject of
disclosure.

SEC. 10. Defense of Privileged Communication. -A whistleblower or any person
who has made a 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 the proper authorities.

SEC. 11. Confidentiality. - Except as allowed by this Act, during and after a
disclosure, and throughout and after any proceeding taken thereafter, a whistleblower
or an informant is entitled to absolute confidentiality about:

(a) Whistle blower's identity;
(b) The subject matter of the disclosure; and
(c) The person to whom such disclosure was made.

There shall be no such confidentiality of identity if a whistleblower or an
informant makes a public disclosure of a conduct constituting graft and corruption
unless, notwithstanding such public disclosure, the whistle blower has taken means and
measures obviously intended to preserve anonymity.

SEC. 12. No Breach of Duty of Confidentiality. — A whistleblower or an informant
who has made a 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. 13. Confidential Information. - No person to whom a disclosure has been
made or referred shall divulge any information that may identify or tend to identify a
whistle blower or informant or reveal the subject matter of such disclosure, except
under the following circumstances:

(a) The whistle blower or the informant consents in writing prior to a disclosure
of an information;

(b) The disclosure is indispensable and essential as determined by the Council,


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.

SEC. 14. Protection Against Disciplinary Action or Reprisals. -A whistleblower
who has made or is believed or suspected to have made a disclosure under this Act is not
liable to disciplinary action for making said disclosure.

Prohibited acts under this section include reprisals in the workplace or
prejudicial conduct towards a whistleblower such as: discriminatory actions behind
policies and procedures, unwarranted reprimand, punitive transfers, malicious referral
to a psychiatrist or counselor, and unfounded or baseless poor performance reviews.
Other prejudicial actions include obstruction of an investigation, withdrawal of essential
resources, undue reports and the attachment of false personnel files or notes.

To this end, any employer who shall discourage and impose sanctions or reprisals
based on workplaces interaction, which shall include workplace ostracism, questions
and attacks on motives, accusations of disloyalty and dysfunction, public humiliation,
and the denial of work or promotion, or- who encourages, causes or does retaliatory
action or reprisal against the whistleblower or anyone believed or suspected to be one,
shall be liable for an offense defined under this Act.

Any employee who refuses to follow orders of employers that would cause them
to violate any provision of this Act shall likewise be protected from reprisals and
retaliatory action in the workplace.

For purposes of this protection, an applicant for employment shall be deemed an
employee and entitled to such protection: Provided, however, That an employer of a
whistleblower shall be notified through a certification issued by the Council, within a
period of thirty (30) days from the date when the whistle blower last reported for work:
Provided, further, That an employer shall have the option to remove said whistleblower
from employment after securing a clearance from the Council and the Department of
Labor and Employment (DOLE) in case of a prolonged absence due to transfer or
permanent relocation under this

Act or Republic Act No. 6981.

SEC. 15. Security and Protection of a Whistleblower. - When determined to be
necessary and appropriate by the Council, a whistleblower, even if the disclosure is
made in confidence, shall be entitled to personal security. For this purpose, the Council
may request any law enforcement agency for assistance. ‘Should, at anytime, the identity
of the whistle blower be revealed, or anonymity compromised, the whistle blower may,
upon the recommendation of the Council, be entitled to the benefits of Republic Act No.
6981, in addition to the other benefits under this Act.

SEC. 16. Confidentiality of the Proceedings. - All proceedings before the Council
involving application and/ or enjoyment of the benefits under this Act, including any
action taken thereon, shall be confidential in nature. No information or documents
given or submitted in support thereof shall be released except upon written order of the
Council, and provided such disclosure shall not endanger the life of a whistle blower.


SEC. 17. Financial Rewards for Whistleblowers. - The whistleblower shall be
entitled to a corresponding monetary reward in accordance with the following stages:

Stages If the case is susceptible _ If the case is not susceptible
of pecuniary estimation __ of pecuniary estimation

Upon admission

into the Program Php200,000 Php100,000
Upon filing of the

Case with the

Office of the

Ombudsman Php100,000 Php50,000

Upon completion
of the testimony
of the whistleblower Php100,000 Php50,000

For cases susceptible to pecuniary estimation, such as plunder, forfeiture of ill-
gotten wealth, bribery, malversation and damage or injury to government, the whistle
blower, shall be entitled to an additional reward of ten’ percent (10%) of the actual
amount recovered by final judgment.

SEC. 18, Return of the Amount Received as Financial Rewards. - A whistle
blower admitted into the Program who deliberately and voluntarily gives false or
misleading information in connection with conduct constituting graft and corruption as
defined under this Act or who unjustifiably recants testimony shall, in addition to the
penalties provided in Section 21 and Section 22 of this Act, be required to return all the
amounts received as financial rewards.

SEC. 19. Abstract. - All government agencies, offices, bureaus and LGUs,
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 whistle blowers or informants, including the obligations of employers
under this Act. Such abstract shall be provided in the rules and regulations to be
promulgated pursuant to Section 31 of this Act.

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

SEC. 20. Credibility of a Whistleblower. - In all cases, the fact of the entitlement
of the whistleblower to the protection and benefits provided in this Act shall not be
admissible in evidence to diminish or affect the whistle blower's credibility.

SEC. 21. Penalty for Giving False and Misleading Information. - The penalty of
imprisonment of not less than six (6) years but not more than twelve (12) years shall be
imposed upon a whistleblower who deliberately and- voluntarily gives false or
misleading information in connection with conduct constituting graft and corruption
under this Act. If the offender is a public officer or employee, the penalty of dismissal
from the service and the accessory’ penalty of perpetual absolute disqualification from


holding public office shall also be imposed.

In addition, the offender may be held criminally and civilly liable under existing
laws.

SEC. 22. Penalty for, Unjustified Recantation. - The unjustified recantation of
testimony by a whistle blower shall constitute an offense and shall be punishable by a
penalty of imprisonment of not less than four (4) years but not more than six (6) years.

SEC. 23. Penalty for Reprisal Against Whistleblower. — ‘The penalty of
imprisonment of not less than six (6) years but not more than twelve (12) years or a fine
of not more than One hundred thousand pesos (Phploo,000.00), or both, at the
discretion of the court shall be imposed upon any person who shall commit any act. of
reprisal as defined in this Act against a whistle blower and/or hinders, delays, prevents
or dissuades said whistleblower from:

(a) Attending, assisting or testifying before any investigating agency or judicial or
quasi-judicial body;

(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;

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

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

(e) Performing and enjoying the rights and benefits under this Act or attempt to
do so.

In addition, the penalty of dismissal from the service and the accessory penalty of
perpetual absolute disqualification from holding public office shall be imposed upon an
offender who is a public officer or employee.

SEC. 24. Penalty for Violation of Confidentiality. - The penalty of imprisonment
of not less than six (6) months but not more than six (6) years shall be imposed upon
any person who shall violate the protection of confidentiality of a protected disclosure
under Sections 10, 11, 13 and 16 of this Act. The penalty of dismissal from the service
and the accessory penalty of temporary absolute disqualification from holding public
office shall also be imposed upon an offender who is a public officer or employee. In
addition, the offender shall be civilly liable to indemnify the whistleblower or informant
in such amount of damages as may be awarded and deemed reasonable by a competent
court.

SEC. 25. Penalty for Reprisal in the Workplace. - The penalty of imprisonment of
not more than six (6) years but not more than twelve (12) years shall be imposed upon
any person who shall commit any act of reprisal in the workplace as defined in this Act,
against an employee who is a whistle blower or believed or suspected to be one. The
penalty of dismissal from the service and the accessory penalty’ of temporary absolute
disqualification from holding public office shall also be imposed upon an offender who
is a public officer or employee. In addition, the offender shall be civilly liable to
indemnify the whistleblower in such amount of damages as may be awarded and


deemed reasonable by a competent court.

Towards this end, an aggrieved whistleblower shall be entitled to the provisional
remedy of injunction against any reprisal in the workplace, prejudicial conduct, or
discriminatory treatment by reason of whistle blower's disclosure.

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

SEC. 26. Penalty for Discriminatory Hiring. - The penalty of imprisonment of
not more than six (6) months shall be imposed upon any person or employer who shall
deny a qualified applicant for employment, or who shall reject an application for
employment solely on the ground that an applicant. is a whistle blower or informant for
the
State. If the offender is a corporation, partnership, association, or any juridical person,
the penalty shall be imposed upon the owner, president, partner, manager and/or any
responsible officer who participated in the commission of the offense.

The penalty of dismissal from the service and the accessory penalty of suspension
of the right to hold public office shall also be imposed upon the offender who is a public
officer or employee.

In addition, the offender shall be civilly liable to indemnify the whistle blower in
such amount of damages as may be awarded and deemed reasonable by a competent
court.

SEC. 27. Failure of an Employer to Post Abstract. - The failure to post an
abstract required under Section 19 of this Act shall constitute an offense and shall be
punishable with a fine of One hundred thousand pesos (Phploo,000.00) for the first
offense. The amount shall be doubled for every succeeding offense, and punishable with
imprisonment of not more than six (6) months at the discretion of the court. For this
purpose, the president, general manager, or head of agency, office or bureau shall be
held criminally liable and shall suffer the accessory penalty of suspension of the right to
hold public office.

SEC. 28. Failure to Act or Report to the Council. - Any person under obligation to
report a disclosure under this Act fo the Council, who fails to do so within a period of
two (2) months, or who fails to act thereon or cause an investigation thereof, shall be
held liable and shall suffer the penalty of not more than one (1) month imprisonment or
a fine of not more than Fifty thousand pesos (Php50,000.00) at the discretion of the
court.

SEC. 29. Whistleblower Benefits and Protection Council. — A Whistleblower
Benefits and Protection Council is hereby created composed of the Overall Deputy
Ombudsman as Chairperson, and the following as members:

(a) Prosecutor General, DOJ;

(b) Special Prosecutor, Ombudsman;


(© Witness Protection Program Director, DOJ;
(@) Executive Director, Anti-Money Laundering Council;

(e) Director, Legal Service, Philippine National Police, in case the respondent is a
member thereof;

(f) The Judge Advocate General of the Armed Forces of the Philippines, in case
the respondent is a member thereof;

(g) A representative from the civil society /nongovernment organization involved
in anti-corruption and good governance to be appointed by the Chairperson of the
Council, upon the recommendation of the members thereof; and

(h) A representative from the business sector to be appointed by the Chairperson
of the Council, upon the recommendation of the Philippine Chamber of Commerce and
Industry.

The existing personnel of the Office of the Ombudsman shall serve as secretariat
to the Council.

SEC. 30. Powers and Functions of the Council. - In addition to its powers and
functions under existing laws, the Council shall have the following powers and
functions:

(a) Monitor, coordinate and evaluate all efforts relative to the implementation
and enforcement of the provisions of this Act;

(b) Evaluate the disclosure and qualification of whistleblowers or informants for
coverage within this Act, and make the appropriate decision on their entitlement to the
benefits extended herein;

(c) 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;

(d) Develop plans and implement programs to further encourage whistle blowers
or informants on graft and corrupt activities with a view to effective deterrence and/or
prosecution;

(e) Control and administer, consistent with the provisions and purposes of this
Act, the protection and benefits of whistle blowers in connection with the cases within
the coverage of Section 4 of this Act;

( 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

(g) Grant immunity in accordance with the provisions of this Act and its
implementing rules and regulations.

SEC. 31. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in. the annual General Appropriations Act.


SEC. 32. Implementing Rules and Regulations. - The Council shall promulgate
such rules and regulations as may be necessary to implement the intent and purposes of
this Act. Said rules and regulations shall be published in two (2) newspapers of general
circulation.

SEC. 33. Separability Clause. - If any portion or provision of this Act or the
application thereof shall be declared invalid or unconstitutional, the validity of other’
parts or provisions not affected thereby shall continue to be in full force and effect.

SEC. 34. Repealing Clause. - All laws, decrees, executive issuances, rules: and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 35. Effectivity Clause. - This Act shall take effect fifteen (15) days following
its complete publication in two (2) newspapers of general circulation.

Approved,