m HOUSE OF REPi
RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila DATE:

a
SEVENTEENTH CONGRESS}

1st Regular Session BY:

House BillNo.__ 933 RECISTRATION UNIT
——— | BILLS AND INDEX SERVICE

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

With the view of combating corruption in the government, one of the best
ways to discover and prosecute erring public officials is through the information
from reliable witnesses to the corrupt acts of these public officers. However, the
lack of a legal framework for giving 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.

With these scenarios, corrupt government officials and employees are
emboldened to continue their nefarious activities as they feel little fear or
exposure. At the same time, the potential informants are discouraged and de-
motivated because they anticipate nothing but further hardship when 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 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 families.

This bill will set up such a mechanism specifically by (1) establishing a
monetary-based rewards system for the benefit of the 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.


For the foregoing reasons, the approval of this bill is earnestly sought.

FRANCIS GERALD AGUINALD( YA
i Cavite

Representative, First Dis}


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

933
House Bill No.

Introduced by Hon. Francis Gerald Aguinaldo Abaya

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 |
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Informers and
Anti-Corruption Witnesses Protection Act of 2016".

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

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

b. Safeguard the national interest through the prosecution of corrupt and

erring public officers and employees; and

c. 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 organization conduct
constituting graft and corruption as defined under Section 4 of this
Act, by 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 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 officer and employees of government-
owned or controlled corporations, whether or not with original
charters. The term shall also include any person having similar
designation, in any private corporation;

“Employee” shall mean nay 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.

“Qualified Witness” shall mean a person qualified and admitted into
the Legal Protection Service of the Office of the Ombudsman in
accordance with this Act.

ARTICLE II
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 violation of:

a.

-~e@aos

Republic Act No. 3019;
Republic Act No.1379;
Republic Act No. 6713;
. Republic Act No. 7080;
Presidential Decree No. 46; and
Titles II and VII of Book Two of the Revised Penal Code.

The protected disclosure under this Act shall also include disclosures as to

prejudicial conduct, act or omissions, within the jurisdiction of the Office of the
Ombudsman under Republic Act No. 6770.

ARTICLE Ill

3


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 Confidentiality. — 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. Confidentiality. - Except insofar as allowed by this Act, at all
times during and after the protected disclosure, and throughout and after any
proceeding taken thereafter, the informer is entitled to absolute confidentiality as to:

a. His identity;

b. The subject matter of his disclosure; and

c. The person to whom such disclosure was made

There shall be no such confidentiality in his identity if the informer makes a
public disclosure of the conduct constituting graft and corruption; unless,
notwithstanding such public disclosure, he has taken means and measures
obviously intended to preserve his anonymity.

SECTION 9. Confidential Information. — No person to whom a protected
disclosure has been made or referred shall disclose any information that may identify
or tend to identify the informer or reveal the subject matter of such disclosure, except
only as to the following circumstances:

a. The informer consents in writing prior to the disclosure of the information;


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b. The disclosure is indispensable and essential, 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 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 work
place 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 an informer or anyone believed or
suspected to have made a protected disclosure shalll be liable for an offense defined
under this Act. Any employee who refuses to follow order 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 an 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 an 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

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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, an 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 an informer under this Act, and
when warranted, be entitled to the applicable additional benefits of the Legal
Protection 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 MOST =
| SSENIOR RESPONDENT | FINANCIAL REWARD OF QUALIFIED INFORMER

- 33 ‘Ten Million Pesos (P 10,000,000.00) |
32 ‘Seven Million Pesos (P 7,000,000.00) |
31 - Six Million Pesos (P 6,000,000.00)
30 Five Million Pesos (P 5,000,000.00)
2 —Four Million Pesos (P 000.00)

28 _ Three Million Pesos (P 3,000,000.00)
27 Two Million Pesos (P 2,000,000.00)
26 One Million Pesos (P 1,000,000.00)
21 to 25 ‘Seven Hundred Thousand Pesos (P 700,000.00)
16 to 20 Five Hundred Thousand Pesos (P 500,000.00) |
11 to 15 Three Hundred Thousand Pesos (P 300,000.00)
6 to 10 Two Hundred Thousand Pesos (P 200,000.00)
1105 ‘One Hundred Thousand Pesos (P 100,000.00) |

During the pendency of the case, however, the informer shall be advanced
the amount equivalent to not less than Twenty-Five Percent (25%) of the total reward
due consistent with the nature of the case and the amount involved and deemed


recoverable. This shall be given in accordance with the rules and regulations
implementing this Act.

Persons under Section 24 c, d, and e shall not be qualified to receive the
benefits under this Section

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 conspicuously display an abstract of this
Act and the rights and protection 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
SECTION 14. Conditions for Protected Disclosure. — informers, whether
from the public or private sector, shall be entitled to the benefits under Article III of
this Act; provided, that all the following requisites concur;

a. The disclosure is made voluntarily, in writing and under oath;

b. The disclosure relates to conduct constituting graft and corruption under
Section 4 of this Act;

c. 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
successive and successful prosecution, or essential for the acquisition of
material evidence not yet in its possession;

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


e.

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 of a prima facie case for the filing of a petition for forfeiture
of ill-gotten wealth under Republic Act No. 1379.

SECTION 15. Qualified Person, Office or Agency. — A qualified person,
office or agency before which a protected disclosure can be made shall include:

a

b.
©.
d.
e.

h.

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:

Disclosures made by a public officer or employee in connection with
a matter subject of his official investigation;


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b Disclosures which later appear to be groundless or without basis.
An investigation may be declined or discontinued if it is shows that
the disclosure was made without reasonable grounds;

c Disclosures concerning merits of government policy, unless the

same is contrary to law or covered by Section 4 of this Act;

d False or misleading disclosures; and

e 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.

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. The informer complies with the conditions under Section 14 hereof;

b. The informer has not been previously convicted by final judgment of a

crime involving moral turpitude; and

c. The informer shall agree to stand as witness for the State and later testify

in accordance with his disclosures.

Said person shall be immune from any kind of prosecution respecting the
manner 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 Qualified Persons. — Any person
under Section 15 of this Act to whom a disclosure was made shall have the following
obligations
a. Maintain and protect the confidentiality of the identity of the informer;
b. Maintain and protect the confidentiality of the subject matter of the
disclosure, until measures have been taken to assure the protection and


well-being of the informer, and the said disclosure and subject matter
thereof had been reported to the Office of the Ombudsman; and

c. 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.

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. Maintain and protect the confidentiality of the identity of the informer;

b. Maintain and protect the confidentiality of the subject matter of the

disclosure; and

c. 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 responsible for the processing, determination and/or 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 and shall cover
only those offenses or conduct constituting graft and corruption specified under

10


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. Qualified Witnesses. - The term, as defined in Section 3h
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;

c. State Witness as defined in this Act;

d Persons discharged under Section 17, Rule 119 of the Revised
Rules on Criminal Procedure; and

e. Such other persons who qualify under the provisions of this Act

SECTION 28. 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 subject matter 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:

a. Personal and bodily security and protection;

b. A secure housing facility until he has testifies 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;

i


1 c. Assistance from the government, or through the Office of the Ombudsman,
2 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 of his family in such amount and for such duration

as the Office of the Ombudsman may determine;
d. Compensation in the amount equivalent to his salaries or wages for such

3
4
5
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7 number of days of absence occasioned by the necessity to stand as
8 witness for the State. For the purposes of this Act, any fraction of a day
9 shall constitute a full day salary or wage. This provision shall be applicable
0 to both government and private employees;

ul e. Reasonable traveling expenses and subsistence allowance in such

12 amount as the Office of the Ombudsman may provide in accordance with
13 the implementing rules and regulations of this Act, for his attendance and
4 presence at court, office, authority or other places pursuant to his
15 discharge of his obligations herein;

16 f. Free medical treatment, hospitalization and medicines for any injury or
17 illness incurred or suffered by him because of witness duty in any private
18 or public hospital, clinic, or at any such institution at the expense of the
19 government;

20 g. Financial benefits, in the event that the witness is killed because of or in
21 connection with the discharge of his obligations under this Act, in the

re
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amount of One Hundred Thousand Pesos (P 100,000.00), exclusive of any

23 other similar benefits he may be entitled to under other existing laws;

24 h. In case fo death or permanent incapacity, his minor or dependent children
25 shall be entitled to free education, from primary to college level in any
26 State college or university, as may be determined by the Office of the
27 Ombudsman, as long as they shall have qualified thereto; and

28 i. Protection against disciplinary action or reprisals, including prejudicial and
29 discriminatory treatment in the workplace, as defined in Section 10 of this
30 Act.

31 SECTION 27. Conditions for Enjoyment of Rights and Benefits. — To be

32 qualified for the rights and benefits under the foregoing section, the person must
33. have witnessed or has personal knowledge or information on the commission of a
34 crime subject hereof and has testified or is testifying or about to testify before any

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judicial or quasi-judicial body, or before any investigating authority, and must satisfy
the following conditions:
a The offense that shall be proven by the testimony must be among
those enumerated in Section 4 of this Act;
b There is absolute necessity for his testimony;
©. There is no other direct evidence available for the proper
prosecution of the offense committed;

d. His testimony ‘can be substantially corroborated on its material
points;

e He does not appear to be the most guilty; and

f 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 he 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 swom 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 thereof,

b To avoid the commission of a crime;

©. To take all necessary precautions to avoid detection by others of the
facts concerning the protection provided him under this Act;

d To comply with legal obligations and civil judgments against him;

e To cooperate with respect to all reasonable requests of officers and
employees of the government who are providing protection under
this Act; and

f To regularly inform the appropriate program official of his current
activities and address.

SECTION 32. 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
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 employment 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 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 Testify. — Any qualified
witness enjoying the benefits under the Legal Protection Service who fails or refuses
to testify, ort 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 persecution 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 shalll 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 Witness. — In all criminal cases, the fact of the
entitlement of the qualified witness to the protection and benefits provided for in this
Act shall not be admissible in evidence to diminish or affect his credibility

SECTION 40. Powers and Functions of the Ombudsman. — In addition to
the 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;

c. 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;

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
informers on graft and corrupt activities with a view to effective
deterrence and/or prosecution;

f Control and administer, consistent with the provisions and purpose
of this Act, a Legal Protection Service for the protection and benefit
of the informers and witnesses of the State in connection with the
cases within the coverage of Section 4 of this Act;

9g Call upon or deputize any department, bureau, office or any other
government agency or public official, to assist in the effective
implementation and enforcement of this Act; and

h. Grant immunity in accordance with provisions of this Act and its
implementing rules and regulations.

16



ARTICLE VII
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 the 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 reasonable by a competent court.

SECTION 42. Retaliatory Action in the Work Place. — Any person who shall
make or cause prejudicial conduct and reprisals, as defined in this Act, against an
employee who is an 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 shalll 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 send, 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, back wages, or other labor
disputes, r 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 and offense and

7



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 48. Failure to Act or Report to the Office of the Ombudsman. -
Any person under obligation to report a disclosure under this Act to the Office of the
Ombudsman who fails to do so within the period prescribed or who fails 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 corruption under this Act
shall, unless such act is already punishable by some other law more severely, be
guilty of an offense and shall suffer the penalty of imprisonment of not more than 12
(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 Attending or testifying before any judicial or quasi-judicial body or

investigating authority; or from

b 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

c. Seeking the arrest of another person in connection with the offense;
or from
d Causing a criminal prosecution, or a proceeding for the revocation

of a parole or probation; or from
e. Performing and enjoying the rights and benefits under this Act or
attempts to do so
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.

18


ARTICLE VIII
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 Protection 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 circumstance is declared, with finality,
to be invalid or unconstitutional, the same shall not affect the remainder of this 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. Repealing Clause. ~ All laws, decrees, orders, rules and
regulations, or parts thereof inconsistent with this Act are hereby repealed or
amended accordingly

SECTION 53. Effectivity. — This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in a newspaper of general

circulation.

Approved,