i 
are most often fired and 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
become ostracized from friends and co-workers. They are accused of 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Miriam Defensor Santiago 
EXPLANA.TORY NOTE 
The government needs a new institutional mechanism for integrity and accountability to 
avoid scandals and restore credibility in the public service. The litmus test for such reforms is the 
government’s treatment of whistleblowers. 
Hence, this bill seeks to strengthen government and even corporate accountability by 
supporting and protecting the right of employees to speak out about wrongdoing on the job. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
1 
’04 MIi 10 P4 :31 
OF THE PHILIPPINES 
First Regular Session 
1 
1;8‘ 
S.B. No. SENAB 
8 5 
:-..-+?&-( 
4 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING A WHISTLEBLOWER BILL OF RIGHTS 
Be it enacted by the Senate and the House of R epvesentatives o f t  he P hildppines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Whistleblower Protection 
Act.” 
SECTION 2. Definitions. -As used in this Act: 
(1) “Employer” means any individual, partnership, association, corporation, or 
any person or group of persons acting directly or indirectly, and shall also include any 
public or privately owned corporation, all branches of government, or any other political 
subdivision, or a school district, or any special district, or any authority, commission, or 
board, or any other agency or instrumentality thereof. Employer shall also include agents, 
contractors, or subcontractors of an employer. 
’ 
(2) “Employee” means any individual who performs services for or under the 
control and direction of an employer for wages or other remuneration. Employee shall 
also include applicants for employment, former employees, or an unauthorized 
representative of an employee. 
(3) “Public body” means: (A) the Congress, or any popularly-elected local 
governmental body, or any member or employee thereof; (B) the judiciary, or any 
member or employee thereof; (C) any regulatory, administrative or public agency, or 
authority, or instrumentality thereof; @) any law enforcement agency, prosecutorial 
office, or police or peace officer; (E) any department of an executive branch of 


government; or (F) any division, board, bureau, office, committee, or commission of any 
of the public bodies described in the above paragraphs of this section. 
(4) “Supervisor” means any individual with an employer’s organization who has 
the authority to direct and control the work performance of the affected employee or who 
has authority to take corrective action regarding the violation of the law, rule, or 
regulation of which the employee complains. 
(5) “Retaliatory action” means the discharge, suspension, demotion, harassment, 
blacklisting, or the refusal to hire an employee, or other adverse employment action taken 
against an employee in the terms and conditions of employment, or other actions which 
interfere with an employee’s ability to engage in protected activity set forth in pertinent 
laws. 
(6) “Improper quality of patient care” means, with respect to patient care by an 
employer that is a health care provider, any practice, procedure, action, or failure to act 
which violates any law or any rule, regulation, or declaratory ruling adopted pursuant to 
law, or any professional code of ethics. 
SECTION 3. Protected Activity. - An employer shall not take any retaliatory action 
against an employee because the employee does any of the following: 
(1) Discloses, threatens to disclose, or is about to disclose to a supervisor or to a 
public body, an activity, policy, or practice of the employer, a co-employee, or another 
employer, that the employee reasonably believes is in violation of a law or a rule or 
regulation promulgated pursuant to law, or, in the case of an employee who is a licensed 
or certified health care professional, reasonably believes constitutes improper quality of 
patient care. 
(2) Provides information to, or testifies before, any public body conducting an 
investigation, hearing, or inquiry into any violation of law, or a rule or regulation 
promulgated pursuant to law by the employer or another employer, or, in the case of an 
employee who is a licensed or certified health care professional, provides information to, 


or testifies before, any public body conducting an investigation, hearing, or inquiry into 
the quality of patient care. 
(3) Discloses, threatens to disclose, or is about to disclose to a supervisor or to a 
public body, an activity, policy, or practice of the employer, a co-employee, or another 
employer, that the employee reasonably believes is incompatible with a clear mandate of 
public policy concerning the public health and safety or welfare or protection of the 
environment. 
(4) Assists or participates in a proceeding to enforce the provisions of this law. 
(5) Objects to, opposes, or refuses to participate in any activity, policy, or practice 
which the employee reasonably believes- 
(1) is in violation of a law, or a rule or regulation promulgated pursuant to 
law or, if the employee is a licensed or certified health care professional, 
constitutes improper quality of patient care; 
(2) is fraudulent or criminal; or 
(3) is incompatible with a clear mandate of public policy concerning the 
public health, safety or welfare or protection of the environment. 
SECTION 4. Forum. - Upon a violation of any of the provisions of this Act, an 
aggrieved employee or former employee may, within one (1) year, institute a civil action in a 
court of competent jurisdiction. 
SECTION 5. Burden of ProoJ: - A violation of this statute has occurred only if the 
employee demonstrates, by a preponderance of the evidence, that any behavior described in 
Section 3 was a contributing factor in the retaliatory action alleged in the complaint by the 
employee. However, relief may not be ordered under Section 6 if the employer demonstrates by 
clear and convincing evidence that it would have taken the same unfavorable personnel action 
(retaliatory action) in the absence of such behavior. 


SECTION 6.Remedies. - All remedies available in tort actions shall be available to the 
prevailing plaintiffs. The court shall also, where appropriate, order: 
(1) An injunction to restrain continued violation of this Act; 
(2) The reinstatement of the employee to the same position held before the 
retaliatory action, or to an equivalent position; 
(3) The reinstatement of full fringe benefits and seniority rights; 
(4) The compensation for lost wages, benefits, and other remuneration; 
(5) The payment by the employer of reasonable costs, and attorney’s fees; or 
(6) Compensatory or exemplary damages. 
SECTION 7. Posting. - An employer shall conspicuously display notices of its 
employees’ protections and obligations under this Act. 
SECTION 8. Preemption. - Nothing in this Act shall be deemed to diminish the rights, 
privileges, or remedies of any employee under any law or regulation or under any collective 
bargaining agreement or employment contract. No employee may waive through a private 
contract any right set forth in this Act, except as set forth in Section 9, and no employee may be 
compelled to adjudicate his or her rights under this Act pursuant to a collective bargaining 
agreement or any other arbitration agreement. 
SECTION 9. Settlement. - The rights afforded employees under this Act may not be 
waived or modified, except through a court approved settlement agreement reached with the 
voluntary participation and consent of the employee and employer. An employer may not require 
an employee to waive, as a condition of settlement, his or her right to reasonably engage in 
conduct protected under Section 3 of this Act. 
SECTION 10. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 


SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
F" 
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