Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL.No.__ 2875 _

Introduced by Hon. GABRIEL LUIS R. QUISUMBING

EXPLANATORY NOTE

Public office is a public trust. Honesty and integrity are the highest standards which
should guide our public officers. Yet, our nation’s standing has too often been
besmirched by accounts of unconscionable and sometimes criminal acts perpetrated
by public officers, deals grossly disadvantageous to government, and officials with
lifestyles so ostentatious and not at all commensurate to their declared salaries and
income

This bill seeks to set up a system of rewards and protection for whistleblowers and
their families. The lack of a legal framework for rewards and security to
whistleblowers has resulted in their minimal protection from probable retaliation,
trial by publicity, outright miscarriage of justice or summary execution. This being
the case, corrupt government officials and employees are emboldened to engage in
nefarious activities as they feel little fear of exposure or being caught and brought to
justice. Meanwhile, potential whistleblowers are discouraged, demoralized and
dissuaded because they anticipate nothing but hardship and threats to life, liberty
and property when evaluating the effect of any disclosure.

Such circumstances aggravate the worsening condition of graft and corruption in
the country; and reinforces the idea that government officials are untouchable or
beyond the letter of the law. Thus, a mechanism to secure the person of a
whistleblower and counter the stigma of ostracism must be set up so that any
potential whistleblower or informant on illegal, 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
reward system for the benefit of whistleblowers; (2) protecting informants against
reprisals and against civil or criminal liability when they make public interest
disclosures; (3) securing the safety of whistleblowers and their families; (4)
ensuring that public disclosures are made to the proper public authorities; (5)
ensuring that inappropriate publication of unsubstantiated disclosures does not
happen, and (6) ensuring that proper records on disclosures are kept and
safeguarded.

Hence, the early approval of this bill is earnestly sought.

GABRIEL R. QUISUMBING


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2875

Introduced by Hon, GABRIEL LUIS R. QUISUMBING

“AN ACT PROVIDING FOR PROTECTION, SECURITY AND BENEFITS
OF WHISTLEBLOWERS AND FOR OTHER PURPOSES”

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

SECTION 1. Name of the Act. - This Act shall be known as the "Whistleblower Act
of 2010."

SECTION. 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 honest and high standards of integrity in the public service;

(b) safeguard the national interest through the 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 whistleblowers.

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

SECTION 3. Definition of Terms. - As used in this Act, the following terms shall
mean:

(a) "Acts constituting graft and corruption” shall mean 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 of:

1.) Republic Act No. 3019;
2.) Republic Act No. 6713;
3.) Republic: Act No. 7078;
4.) Presidential Decree No. 46;


5.) Titles Il and VII of Book Two of the Revised Penal Code.

(b) "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.

(c) "Employer" shall mean 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.

(a) “Government” includes 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,

(e) "Whistleblower" shall mean an informant or any person who has privileged or
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 shall deliberately disclose of individual, collective or organized
conduct constituting graft and corruption as provided in this Act.

(f) "Public officer” shall mean any person holding any public office in the
Government of the Republic of the Philippines by virtue of an appointment, election
or contract.

(g) "Retaliatory action” shall mean any negative or obstructive responses,
reactions or

reprisals to a disclosure made under this Act aimed at, pertaining to, or against a
whistleblower or an informant or any of the members of his/her family and
relatives up to the fourth civil degree of consanguinity or affinity, including but not
limited to criminal, civil or administrative proceedings commenced or pursued
against said whistleblower or any of the members of his family or relatives up to the
second degree of consanguinity or affinity as well as retaliatory action in the
workplace.

(h) "Retaliatory action in workplace" shall mean any discriminatory conduct or
policies

which affect promotion or job assignment including undue negative performance
appraisal, 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.

(i) "Qualified Whistleblower” shall mean an informant or any person qualified and
admitted into the Whistleblowers Program of the Office of the Ombudsman in
accordance with this Act and the Rules and Regulations.


SECTION 4. Coverage - Conduct constituting graft and corruption, whether
commenced or consummated before the effectivity of this Act, shall mean any
conduct, acts or omissions of public officers and/or employees solely, or in
cooperation or conspiracy with private persons;-which are covered by, or amount to
violations of:

1.) Presidential Decree No. 46 otherwise known as "MAKING IT
PUNISHABLE FOR PUBLIC OFFICIALS AND FOR PRIVATE
PERSONS TO GIVE GIFTS ON ANY OCCASION INCLUDING.
CHRISTMAS";

2.) Republic Act No, 30.19 otherwise known as "ANTI-GRAFT AND
CORRUPT PRACTICES ACT’;

3.) Republic Act No. 6713 otherwise known as "AN ACT ESTABLISHING

A CODE OF ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES, TO UPHOLD THE TIME..HONOREDPRINCIPLE OF

PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND
REWARDS .FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS
AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS,
THEREOF AND FOR OTHER PURPOSES";

4.) Republic Act No. 7078 otherwise known as the "ANTI-PLUNDER LAW;

5.) Titles 11 and VII of Book Two of the Revised Penal Code on "CRIMES
AGAINST THE FUNDAMENTAL LAWS OF THE STATE and CRIMES
COMMITTED BY PUBLIC OFFICERS".

SECTION 5. Admission to the Program. - Whistleblowers or informants whether
from the public or private sector, shall be entitled to the 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) The disclosure is not yet subject of a complaint filed with the Office of the
Ombudsman or investigated by any other investigating agency, unless, in
the opinion of the Ombudsman, such disclosure is necessary for an

effective and successful investigation or prosecution, or essential for the
acquisition of matcrial evidence not yet in its possession;

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


SECTION. 6. Necessity of Testimony. - The testimony of a whistleblower in court
shall not be necessary for the entitlement or enjoyment of the benefits of this Act. In
the event that the a whistleblower's testimony is required as found by the Office of
the Ombudsman to be necessary and indispensable for a successful prosecution of a
case, he shall be entitled to the additional benefits and protection under Republic
Act 6891, otherwise known as the Witness Protection Program.

SECTION 7. Memorandum of Agreement with the Person to be Protected. - Before
a person is provided protection as a whistleblower or informant for the State, he or
she shall first execute a Memorandum of Agreement which shall set forth his/her
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;

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

(d) To cooperate with respect to all reasonable requests of officers and
employees of the government who are providing him/her protection under
this Act; and

(ec) To regularly inform the. Appropriate program official of his current activities
and address.

SECTION 8. Breach of the Memorandum of Agreement. - Substantial breach of the
Memorandum of Agreement shall be a ground for the termination of the protection
provided under this Act; Provided, however, that before terminating the same, the
Ombudsman shall send notice to a whistleblower concerned, stating therein the
reason for such termination. Reasonable time shall be afforded a whistleblower or
informant to take appropriate and necessary measures for his/her protection and
security in view thereof.

SECTION 9, Protection against other Actions. - A whistleblower or any person who
has made a disclosure under this Act shall not be subject to any liability whether
administrative, civil. criminal or other proceedings for making such a disclosure or
acts in relation thereto. No action, claim or demand may be taken against a
whistleblower for making such disclosure, nor any evidence presented shall be used
against him in court.

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

SECTION 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
his/her disclosure or information given to the proper authorities.


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

(a) His identity;
(b) The subject matler of his disclosure; and
(c) The person to whom such disclosure was made.

There shall be no such confidentiality in his/her identity ifa whistleblower or an
informant makes a public disclosure of a conduct constituting graft and corruption
unless, notwithstanding such public disclosure, he has taken means and measures
obviously intended to preserve his anonymity.

SECTION 12. No Breach of Duty of Confidentiality. - An informant who has made a
disclosure under this Act on whom a provision of law, regulation, issuance, practice
or other convention, imposes upon him/her a duty to maintain confidentiality with
respect to any information disclosed, is considered not to have committed a breach
thereof.

SECTION 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 whistleblower or informant or reveal the subject matter of such disclosure, except
only as to the following circumstances:

(a) The whistleblower consents in writing prior to a disclosure of
information;

(b) The disclosure is indispensable and essential as determined by the Office
of the Ombudsman, 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.

SECTION 14. Protection against Disciplinary Action or Reprisals. - A
whistleblower or a person 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 retaliatory action in a workplace or
prejudicial conduct towards whistleblower, such as: discriminatory actions behind
policies and procedures, reprimand, punitive transfers, unwarranted referral to a
psychiatrist or counselor, and undue poor performance reviews. Other prejudicial
conducts include obstruction of an investigation, withdrawal of essential resources,
undue reports and the attachment of unfair personnel tile 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 d whistleblower or anyone believed or
suspected to be one shalll 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 Office of the Ombudsman, within a period of thirty (30)
days from the date when the whistleblower 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 Office of the Ombudsman and the
Department of Labor and Employment in case of a prolonged absence due to
transfer or permanent relocation under this Act or R.A No. 6891.

SECTION 15, Security and Protection of a Whistleblower - When determined to
be necessary and appropriate by the Office of the Ombudsman, a whistleblower,
even if the disclosure is made in confidence, shall be entitled to personal security.
Should, at anytime, the identity of the informant be revealed, or his anonymity
compromised, the whistleblower shall, in addition to the other benefits under this
Act, and when warranted, be entitled to the benefits of R. A. No. 6891.

SECTION 16. Confidentiality of the Proceedings. - All proceedings involving
Application and/or enjoyment of the benefits under this Act, under 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 provided such
disclosure shall not endanger the life of a qualified whistleblower.

SECTION 17. Financial Rewards for Whistleblowers. - The whistleblower shall be
entitled to a corresponding monetary reward in accordance with the provisions of
this Act and the implementing Rules and Regulations.

The informant shall receive an amount in accordance with the following schedule:

SALARY GRADE OF MOST SENIOR FINANCIAL REWARD OF
RESPONDENT QUALIFIED WHISTLEBLOWER,
33 5,000,000
32 4,000,000
1 31 3,000,000
30 ; 2 0



29 2,000,000 |
28 1,500,000 _|
27 1,000.00
__26 900,00 -
24-25 800,00
22-23 700,000
20-21 600,000
18-19 500,000
16-17 400,000
14-15 ~ 300,000
12-13 - 200,000
- 10-11 100,000
5-9 75,000
- 1-4 50,000 |

Upon being qualified as a whistleblower and admitted to the program by the Office
of the Ombudsman, fifty percent (50%) of the reward shall be given to the qualified
whistleblower. The remaining fifty percent (50%) shall be given prior to the filing of
a case in a proper court.

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

During the pendency of the case, however, a whistleblower shall be advanced the
amount equivalent to not less them twenty five percent (25%) of the additional
reward of the total award 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.

SECTION 18. Abstract. - All government agencies, offices, bureaus and local
government units, including government-owned or controlled corporations,
whether or nor with original charters, shall conspicuously display an abstract of this
Act and the rights and protections of whistleblowers, including the obligations of
employers under this Act. Such abstract shall be provided in the Rules and
Regulations,

All government agencies, offices, bureaus and local government units, including
government-owned and controlled corporations, whether or not with original
charters, are likewise required to put in place internal procedures for dealing with
whistleblowers 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.


SECTION 19. Credibility of an Informant. -In all cases, the fact of the entitlement of
the qualified whistleblower or informant to the protection and benefits provided in
this

Act shall not be admissible in evidence to diminish or affect his credibility.

SECTION 20, Penalty for Retaliatory Acts against Whistleblower. - Any person
who commits any of the retaliatory acts as defined in this Act against a qualified
whistleblower or informant and/or hinders, delays, prevents or dissuades said
whistleblower from:

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

(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 n 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

Shall be fined not more than One Hundred Thousand Pesos (Php 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 a court, and shalll also suffer the penalty of perpetual
disqualification from holding public office in case of a public officer or employee,

SECTION 21. Violation of Confidentiality. -- Any person who violates the
protection of confidentiality of a protected disclosure under Sections 10. 11, 12 and
15 0 f this Act, shall suffer the penalty of not more than six (6) years but not less
than six (6) months with an accessory penalty of temporary absolute
disqualification for public office in case of a public officer or employee, shall be
civilly liable to indemnify the informant in such amount of damages as may be
aware and deemed reasonable by a competent court.

SECTION 22. Retaliatory Action in tire Workplace. - Any person who shall commit
any retaliatory act in a workplace as defined in this Act, against an employee who is
a whistleblower or an informant or believed or suspected to be one, shall be guilty
of an offense and shall suffer the penalty of not more than six (6) months
imprisonment with the accessory penalty of suspension of the right to hold office in
case or a public officer or employee, and shall be civilly liable to indemnify a
whistleblower of damages as may be awarded by a competent court.

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

The proceedings herein shall be independent of any action that an aggrieved person
may take before the Civil Service Commission or the Department of Labor and


Employment for unfair or discriminatory practices, back wages, or other labor
disputes, or before other quasi-judicial agencies that may or may not have arisen
from a disclosure or believed or suspected disclosure.

SECTION 23. Discriminatory Hiring.- Any person, firm, corporation, office or
employer who shall deny a qualified applicant for employment, or who shall reject
his application for employment due to knowledge, belief or suspicion that an
applicant is a whistleblower or informant for the State, shall be guilty of an offense
and shall suffer the penalty of not more than six (6) months imprisonment with the
accessory penalty of suspension of the right to hold public office in case of a public
officer or employee, and shall be civilly liable to indemnity the informant of
damages as may be awarded by a competent court.

SECTION 24, Failure of an Employer to Post Abstract. - ‘The failure to post an
Abstract required under Section 17 of this Act shall constitute an offense and shall
be penalized with a fine in the amount of One Hundred Thousand Pesos (Php
100,000.00) for the first offense. The amount shall be doubled for every succeeding
offense, and shall suffer an imprisonment of not more than six (6) months at the
discretion of the court with the accessory penalty of suspension of the right to hold
public office in case of a public officer or employee. For this purpose, the president,
manager, or head of an office, bureau or agency shall be held responsible.

SECTION 25. 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 a period of two (2) months, 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 (Php 50,000,00).

SECTION 26. False and Misleading Disclosures. - Any person who deliberately and
voluntarily gives false or misleading information in connection with conduct
constituting graft and corruption under this Act shall, in addition to penalties under
other laws, be guilty of an offense and shall suffer the penalty of imprisonment of
not more than twelve (12) years and shall also suffer the penalty of perpetual
absolute disqualification from holding public office in case of public officer or
employee, in addition to other criminal and civil liability he may incur under
existing laws.

SECTION 27. Powers and Functions of the Ombudsman, - |n addition to its powers
and functions under existing laws, the Office of the Ombudsman shall have the
following powers and functions:

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

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

(6) Evaluate the qualification of whistleblowers or informants for coverage
within this Act, and make the appropriate decision on their entitlement to


the benefits extended herein;

(d) Undertake, in coordination and cooperation with the private and public
sectors, an information campaign to educate the public on the provisions
and benefits of this Act;

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

(A) Control and administer, consistent with the provisions and purposes of
this Act, the protection and benefits of whistleblowers in connection with the
cases within the coverage or 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 the provisions of this Act and its
implementing rules and regulations.

SECTION 28. Implementing Rules and Regulations. - The Office of the
Ombudsman shall promulgate such Rules and Regulations as maybe necessary to
implement the intent and purposes of this Act. Said Rules and Regulations shall be
published in two (2) newspapers of general circulation.

SECTION 29. Repealing Clause. -- All laws, decrees, executive issuances, rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 30. Funding, -- The amount of One Hundred million pesos (Php 100,000,000.00)
is hereby authorized to be appropriated out of any funds in the National Treasury
hot otherwise appropriated to carry into effect the purpose of this Act.

Other funding schemes or sources, subject to the limitation, shall be allowed in
furtherance hereof.

SECTION 31. Separability Clause. -- The declaration of unconstitutionality or
invalidity of any provision of this Act shall not affect the other provision hereof.

SECTION 32. Effectivity Date. - This Act shall take effect after fifteen (15) days
following its publication in two (2) newspapers of general circulation.

Approved,