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THIRTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
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INTRODUCED BY HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
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 family. 
The lack of a legal framework for the giving of 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. 
That being the case, 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 demotivated because they 
anticipate nothing else but further hardship if ever 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 will set up such a mechanism specifically by (1) establishing a 
monetary based rewards system for the benefit of informers, (2) protecting informants 
against reprisals and against civil or criminal liability when they make public interest 
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 the bill is earnestly requested 
Senator 
I 


THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
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S. No. 
INTRODUCED BY HONORABLE MAR R O U S  
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 House of Representatives of the Philippines in Congress 
assembled: 
ARTICLE I 
GENERAL PROVISIONS 
SECTION 1. Short Title. - This Act shall be known as the “Informers and Anti - 
Corruption Witnesses Protection Act of 2004.” It shall hereinafter be referred to as the 
Act. 
SECTION 2. Declaration of Policy. - Public ofice 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) 
(b) 
(c) 
maintain honest and high standards of integrity in the public service; 
safeguard the national interest through 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 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. 
SECTION 3. Definition of Terms. -As used in this Act, the following terms shall 
have the following meanings: 
(a) 
“Protected disclosure’’ shall mean the deliberate and voluntary disclosure 
of individual, collective or organizational conduct constituting graft and 
corruption as defined under Section 4 of this Act, by a person who has or 
had privileged or personal knowledge or access to data, events or 
information, in accordance with the provisions of this Act. 
“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 
(b) 


employee 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, 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 in this Act. 
“Retaliatory Action” shall mean reprisals and negative or obstructive 
responses or reactions to the disclosure made under this Act aimed at, or 
pertaining to, the informer or any of the members of his 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. 
“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. 
“Qualzfied 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 I1 
COVERAGE OF PROTECTED DISCLOSURE 
SECTION 4. Coverage. - Conduct constituting graft and corruption, whether or 
not consummated or commenced before the effectivity of this Act, which is subject to the 
protected disclosure under this Act shall mean conduct, acts or omissions of public 
officers or 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; 
(c) 
Republic Act No. 6713; 
(d) 
Republic Act No. 7080; 
(e) 
(0 
Presidential Decree No. 46; and 
Titles I1 and VI1 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 111 
RIGHTS AND BENEFITS OF INFORMERS 
SECTION 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. 
SECTION 6. Defense of Privileged Communication. - Any person who has made 
a protected disclosure under this Act shall have, as defense in any other inquiry or 
proceeding, the absolute privilege with respect to the subject matter of the disclosure or 
information given to a qualified person, office or agency as defined under Section 15 of 
this Act. 
SECTION 7. No Breach of Duty of Conzdentiality. - A person who has made a 
protected disclosure under this Act on whom a provision of law, regulation, issuance, 
practice or other convention, imposes a duty to maintain confidentiality with respect to 
any information disclosed, is considered not to have committed a breach thereof. 
SECTION 8. Conjidentiality. - Except insofar as allowed by this Act, at all times 
during and after the protected disclosure, and throughout and after any proceeding taken 
thereafter, the informer is entitled to absolute confidentiality as to: 
(a) 
his identity; 
(b) 
(c) 
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. 
the subject matter of his disclosure; and 
the person to whom such disclosure was made. 
SECTION 9. ConJidential Informatiofi. - 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) 
(b) 
(c) 
The prohibition on disclosure under this Section shall apply to any person who 
the informer consents in writing prior to the disclosure of the information; 
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. 
has become privy to any confidential information, whether officially or by other means. 
SECTION 10. Protection Against Disciplinary Action or Reprisals. - A person 
who has made or is believed or suspected to have made a protected disclosure under this 
Act is not liable to disciplinary action for making such protected disclosure. Prohibited 
acts under this Section include retaliatory action in the workplace or prejudicial conduct 


towards informers for making said disclosures, such as: discriminatory actions veiled 
behind policy and procedure, mostly to avoid claims of victimization; reprimand; 
punitive transfer; referral to a psychiatrist or 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 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 after securing clearance from the Office of the 
Ombudsman, which shall bind the Department of Labor and Employment. 
SECTION 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 Protectioiz Service 
established under this Act. 
SECTION 12. Financial Reward for Informers. -The informer shall be entitled to 
a corresponding monetary reward in accordance with the provisions of this Act and its 
implementing rules and regulations. 
For cases susceptible to pecuniary estimation, such as Plunder, forfeiture of ill- 
gotten wealth, bribery, malversation and damage or injury to government, the informer 
shall be entitled to ten percent (10%) of the amount recovered by final judgment. 
For cases not susceptible of pecuniary estimation, the informer shall receive an 
amount in accordance with the following schedule: 
SALARY GRADE OF 
FINANCIAL REWARD OF 
1 
MOST SENIOR RESPONDENT 
33 
32 
31 
20 
29 
28 
27 
26 
21 to 25 
16 to 20 
QUALIFIED INFORMER 
Ten Million Pesos (P 10,000,000.00) 
Seven Million Pesos (P 7,000,000.00) 
Six Million Pesos (P 6,000,000.00) 
Five Million Pesos (P 5,000,000.00) 
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) 
Seven Hundred Thousand Pesos (P 700,000.00) 
Five Hundred Thousand Pesos (P 500,000.00) 


11 to 15 
6 to SO 
1 to 5 
- 
SECTION 13. Abstract. - All government agencies, offices, bureaus and local 
government units, including government-owned or controlled corporations, whether or 
not with original charters, shall conspicuousIy display an abstract 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 DISCLOSURE 
Three Hundred Thousand Pesos (P 300,000.00) 
Two Hundred Thousand Pesos (P 200,000.00) 
One Hundred Thousand Pesos (P SO0,OOO.OO) 
SECTION 14. Conditions for Protected Disclosure. - Informers, whether from 
the public or private sector, shall be entitled to the benefits under Article 111 of this Act; 
provided, that all the following requisites concur: 
The disclosure is made voluntarily, in writing and under oath. 
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 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 
evidence, and, 
The information disclosed leads to a successful conduct of investigation 
and gathering of evidence sufficient to sustain a finding of probable cause 
for the filing of a criminal indictment before the court of competent 
jurisdiction, or ofprimafacie case for the filing of a petition for forfeiture 
of ill-gotten wealth under Republic Act No. 1379. 
SECTION 15. Qualijkd Person, Ofice or Agency. - A qualified person, office or 
agency before which a protected disclosure can be made shall include: 


Officials and employees of the Office of the Ombudsman; 
Secretaries and Undersecretaries of Departments; 
Members of Congress; 
Local chief executives of local government units; 
Heads of public offices, agencies, bureaus and government-owned or 
controlled corporations; 
Prosecutors and officials of the Department of Justice; and 
Members of the Armed Forces of the Philippines, the Philippine National 
Police, the National Bureau of Investigation and other law enforcement 
offices; and 
Members of the media. 
SECTION 16. Necessity for Testimony. - Unless found by the Office of the 
Ombudsman to be necessary and indispensable for the successful prosecution of the 
persons subject of the protected disclosure, the testimony of the informer in court shall 
not be necessary for the receipt or enjoyment by the informer of the benefits of this Act. 
In the event that the informer’s testimony is required, he shall be entitled to the additional 
benefits and protection of the Legal Protection Service. 
SECTION 17. Unprotected Disclosures. - The following disclosures shall not be 
deemed a protected disclosure under this Act: 
(a) 
(b) 
Disclosures made by a public officer or employee in connection with a 
matter subject of his official investigation; 
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; 
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. 
(c) 
(d) 
(e) 
SECTION 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) 
(b) 
(c) 
The informer complies with the conditions under Section 14 hereof; 
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. 
SECTION 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 


SECTION 20. Disclosures Made Before Qualijkd Persons. - Any person under 
Section 15 of this Act to whom a disclosure was made shall have the following 
obligations: 
(a) 
(b) 
Maintain and protect the confidentiality of the identity of the informer; 
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 and 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. 
(c) 
SECTION 21. Disclosures Made to Other Persons. - Any person not falling 
under Section 15 of this Act to whom a disclosure was made shall have the following 
obligations: 
(a) 
(b) 
(c) 
Maintain and protect the confidentiality of the identity of the informer; 
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 Office of the Ombudsman or any of the qualified persons 
enumerated under Section 15 of this Act. 
Notwithstanding the provisions of Section 15 of this Act, a disclosure made to a 
person not included therein shall nevertheless be deemed a protected disclosure; provided 
that, there is manifest intention on the part of the informer to have the same disclosure 
referred, forwarded or indorsed to any of the qualified persons under Section 15 of this 
Act; Provided further, that all the other conditions under this Act are satisfied; and 
Provided 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 
SECTION 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. 
SECTION 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 Department of Justice shall continue to administer its Witness Protection 
Program under Republic Act No. 6981 as to other cases. 
SECTION 24. Qual$ed 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 Ombudsman 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; 
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. 
(c) 
(d) 
(e) 
SECTION 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. 
SECTION 26. Rights and Benefits of Qualified Witnesses. - 
When necessary, 
qualified witnesses under this Act shall have the following rights and benefits: 
Personal and bodily security and protection; 
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 pursuant 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 pursuant to his 
discharge of his obligations herein; 
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; 
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 lOO,OOO.OO), exclusive of any 
other similar benefits he may be entitled to under other existing laws; 
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. 
SECTION 27. Conditions for Enjoyment of Rights and Benejits. - 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) 
(b) 
(c) 
(d) 
(e) 
(9 
The offense that shall be proven by the testimony must be among those 
enumerated in Section 4 of this Act. 
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; 
He does not appear to be most guilty; and 
He has not at any time been convicted of any crime involving moral 
turpitude. 
SECTION 28. Personal Security and Protection. - 
To be entitled to personal 
security and protection, a witness who satisfies the foregoing requirements, or members 
of his family within the second 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 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. 
SECTION 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 the matter 
subject of his official investigation or inquiry. 
SECTION 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. 
SECTION 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 thereofi 
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; 
To comply with legal obligations and civil judgments against him; 
To cooperate with respect to all reasonable requests of officers and 
employees of the government who are providing protection under this Act; 
and 
(b) 
(c) 
(d) 
(e) 


(8) 
To regularly inform the appropriate program official of his current 
activities and address. 
SECTION 32. Breach of the Memorandum ofilgreement. - 
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. 
SECTION 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. 
SECTION 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. 
SECTION 35. Immunity. - 
A qualified witness shall be immune from criminal 
prosecution for the offense or offenses about which he gave or will give his testimony, or 
in which connection his testimony shall be used. 
SECTION 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. 
SECTION 37. Failure or Refusal of the Witness to Testijj. - 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. 
SECTION 38. Compelled Testimony. - 
Any witness qualified under or pursuant 
to Section 25 of this Act cannot refuse to testify or decline the production of evidence, 
including bank documents, books, financial documents, records or writings necessary for 
the understanding or prosecution of the offense or offenses for which he has agreed to 
testify. However, he shall enjoy immunity from criminal prosecution and cannot be 
subjected to any penalty or forfeiture for any transaction, matter or thing concerning his 
compelled testimony or production of books, documents, records and writings. 
In case of refusal of said witness to testify or give evidence or produce books, 
documents, records, or writings, on the ground of the right against self-incrimination, and 
the Office of the Ombudsman believes that such evidence is absolutely necessary for a 
successful prosecution of the offense or offenses charged or under investigation, the 
Office of the Ombudsman shall, even during the pendency of an investigation and prior 
to the commencement of an action in court, file a petition with the appropriate court for 


the issuance of an order requiring such testimony, or production of evidence, books, 
documents, records, 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. 
SECTION 39. Credibility of WiVitness. - 
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. 
SECTION 40. Powers and Functions ofthe Ombudsman. - In addition to its 
powers and functions under existing laws, the Office of the Ombudsman shall have the 
following powers and functions: 
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; 
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 
graft and corrupt activities with a view to effective deterrence and/or 
prosecution; 
Control and administer, consistent with the provisions and purpose of this 
Act, a Legul Protection Service for the protection and benefit of the 
informers and witnesses of the State in connection with the cases within 
the coverage of Section 4 of this Act; 
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 
Grant immunity in accordance with provisions of this Act and its 
implementing rules and regulations. 
ARTICLE VI1 
REMEDIES AND SANCTIONS 
SECTION 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 
reasomble by a competent cow. 
SECTION 42. Retaliatory Action in the Work Place. - Any person wbo 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 discriminatory treatment by reason of the informer’s testimony. 
The proceedings herein shall be independent of any action that an aggrieved 
person may take before the Civil Service Commission, the Department of Labor and 
Employment for unfair or discriminatory practices, backwages, or other labor disputes, or 
before other quasi-judicial agencies that may or may not have arisen from a protected 
disclosure or believed or suspected disclosure. 
SECTION 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. 
SECTION 44. Failure of an Employer to Post Abstract. - The failure to post an 
Abstract required under Section 11 of this Act shall constitute an offense and shall be 
penalized with a fine in the amount of Fifty Thousand Pesos (P 50,000.00). For purposes 
of exacting the fine, the president, manager, or head of office, bureau or agency shall be 
held responsible. 
SECTION 45. Failure to Act or Report to the Ofjce ofthe 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). 
SECTION 46. False and Misleading Disclosures and Testimony. - Any person 
who deliberately and voluntarily gives false or misleading information or testimony in 
connection with conduct constituting graft and corrnption 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. 
SECTION 47. Penalty for Harassment of Witness. - 
Any person who harasses a 
qualified witness and thereby hinders, delays, prevents or dissuades said witness from: 
a) 
b) 
Attending or testifying before any judicial or quasi-judicia! body or 
investigating authority; or from, 
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, 
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 or attempts 
to do so, 
c) 
d) 
e) 
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 VI11 
MISCELLANEOUS PROVISIONS 
SECTION 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. 
SECTION 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. 
SECTION 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. 
SECTION 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. 
SECTION 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. 
SECTION 53. Repealing Clause. - All laws, decrees, executive orders, 
issuances, rules and regulations inconsistent with this Act are hereby repealed or 
modified accordingly. 
Approved,