Republic of the Philippines 
SENATE OF THE PHILIPPINES 
Pasay City 
SIXTEENTH CONGRESS 
First Regular Session 
.S. B.No.1614 
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'13 SfP 10 P2 :58 
INTRODUCED BY SENATOR SONNY ANGARA 
EXPLANATORY NOTE 
Since 2010, much has been achieved in the drive against corruption in the public service. 
Government is slowly regaining the trust and confidence of the citizenry, after years of being 
cast under a long shadow of doubt. 
The 2013 Global Corruption Barometer of Trausparency International affirms this, 
showing that the Philippines was among a handful of countries where comparatively more 
people reported that they believe corruption in their sociery bas decreased-some 37 percent of 
Filipino respondents. . 
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However, the same survey reveals that a little more than 6 out of 10 Filipinos believe thilt 
the level of corruption has either stayed the same or actually increased. While current anti-
corruption initiatives have already made headway, much more remains to be done. 
But hope resides in everyday citizens. The survey also pinpoints that 3 out of 4 Filipino 
respondents believed that ordinary people could make a difference in the fight against 
corruption, with 84 percent expressing their willingness to engage in any anti-corruption activity. 
Government must leverage this civic spirit, especially toward realizing Section 11, 
Article 1 of the Philippine Constitution, stating that public office is a public trust. It carries the 
obligation to craft and implement a framework that enables, even incentivizes, citizens to 
contribute in exposing any government misconduct. 
The proposed measure institutionalizes such a framework by defining the security, 
protection and benefits afforded to whistleblowers. 
By enabling citizens to speak up about any wrongdoing in the government, this measure 
adds to other mechanisms already in place that help restore credibility, integrity and 
accountability in public service. 
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SENAT 
SONNY 
ANGARA 


SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
SENATE 
S.B.No.~14 
INTRODUCED BY SENATOR SONNY ANGARA 
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SEP 10 P2 :58 
AN ACT PROVIDING FOR THE PROTECTION, SECURITY AND BENEFITS 
OF WHISTLEBLOWERS, APPROPRIATING FUNDS THEREFOR AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and House o/Representatives of the Philippines in Congress 
assembled: 
SECTION 1. 
Short Title. - This Act shall be known as the "Whistleblower Protection, 
Security and Benefit Act of 2013." 
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SEC. 2. Declaration of Policy. -
Public office is a public trust. It is the policy of the 
State to promote and ensure full accountability in the conduct of its officers and employees, 
and exact nlll 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 investigation and prosecution of corrupt 
and erring public officials and employees; and 
(c) Encourage and facilitate the disclosure of comlpt 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 of more or higher benefits provided in existing laws. 
SEC. 3. Definition of Terms. -
As used in this Act, the following terms are hereby 
defined as follows: 
(a) Acts constituting grafi and corruption refer to any conduct, act or omission of public 
officers and employees which are covered by, or constitute as violations of: 
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(1) Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt Practices 
Act"; 
(2) Sections 7, 8 and 9 of Republic Act No. 6713, otherwise known as the "Code of 
Conduct and Ethical Standards for Public Officials and Employees"; 


(3) Republic Act No. 7080, entitled "An Act Defining and Penalizing the Crime of 
Plunder"; 
(4) Presidential Decree No. 46, entitled "Making it Punishable for Public Officials and 
Employees to Receive, and for Private Persons to Give, Gifts on Any Occasion, Including 
Christmas"; and 
(5) Title VII, Book Two of the Revised Penal Code on "Crimes Committed by Public 
Officers" . 
(b) Council refers to the Whistleblower Benefits and Protection Council created pursuant 
to Section 29 of this Act. 
(c) Informant refers to any person who has personal knowledge or access to data, events 
or informatiou, of any conduct constituting graft and corruption as defined under this Act by 
public officer/s and employee/s, and who shall deliberately disclose of individual, collective or 
organized conduct constituting graft and corruption as provided in this Act. 
(d) Program refers to the "Whistleblower Protection, Security and Beuefit Program" 
which the Council shall formulate and implement pursuant to this Act. 
(e) Public officer refers to allY, p~rs9\11~0Iding any public office in the Government of the 
Republic of the Philippines by virtue of an appointment, election or contract. 
(t) Whistleblower refers to an inforlhant admitted into the Program of the Council in 
accordance with this Act and its rules and regulations. 
(g) Reprisal refers to any negative 01' obstructive response or reaction to a disclosure made 
under this Act aimed at, pertaining to, or against a whistleblower or any of the members of the 
family and relatives up to the second degree of consanguinity or affinity. 
(h) Reprisal in workplace refers to any discriminatory conduct or policies against a 
whistleblower which affect promotion . or job assignment including undue negative 
performance appraisal, unusual and unwarranted close monitoring by supervisors, unwarranted 
criticisms 01' avoidance by 
co-employees, blacklisting from other job opportunities or 
prejudicial transfers by reason of a disclosure made under this Act. 
SEC. 4. Coverage. -
This Act covers conduct constituting graft and corruption, whether 
commenced or consummated before the effectivity of this Act, refers to any conduct, act or 
omission of public officers andlor employees which are covered by, or amount to violations of 
Presidential Decree No. 46; Republic Act No. 3019; Sections 7, 8 and 9 of Republic Act No. 
6713; Republic Act No. 7080; ana Tit·le VU; Book Two of the Revised Penal Code on "Crimes 
Committed by Public Officers". 
SEC. 5. Admission to the Program. -
Whistleblowers admitted into the Program shall be 
entitled to the protection and benefits under this Act: 
Provided, That all the following 
requisites concur: 


(a) The disclosure is voluntary, in writing and under oath; 
(b) The disclosure relates to conduct constituting graft and corruption under this Act; 
(c) Such disclosure is necessary for an effective and successful investigation or 
prosecution, or essential for the acquisition of material evidence not yet in the possession of 
the Council; 
(d) The information given by the whistleblower can be corroborated; and 
(e) The information disclosed leads to a successful gathering of evidence and/or conduct 
of investigation sufficient to sustain a finding of probable cause for the filing of a criminal 
complaint or information before a court of competent jurisdiction. 
SEC. 6. Necessity of Testimony. - The testimony ofa whistleblower in court shall not be 
necessary for the entitlement to the benefits and protection under this Act, subject to the 
provision of Section 17 herein. In the' event that the whistleblower's testimony is determined 
by the Council to be necessary and indispensable to the success of an investigation or the 
prosecution of a case, the whistleblower shall be entitled to the additional benefits and 
protection under Republic Act NQ. ti9.81>. ol\wwise known as the "Witness Protection, Security 
and Benefit Act". 
SEC. 7. Memorandum of Agreement With the Whistleblower. - As a prerequisite to the 
availment of the protection and benefits under this Act, a whistleblower shall enter into a 
Memorandum of Agreement with the Department of Justice (DOJ) which shall set forth the 
whistleblower's responsibilities including the following: 
(a) To provide information to and testify before all inquiries, in aid of legislation, and 
before any law enforcement official conce1J1ing any appropriate proceeding in connection with 
or arising from the activities involved in the offense subject matter thereof; 
(b) To avoid a commission of a crime involving moral turpitude; 
(c) To take all necessary pre'cautions t~ 'avoid detection" by 'others of the facts concerning 
the protection provided under this Act; 
(d) To cooperate with respect to all reasonable requests of officers and employees of the 
government who are providing protecti,on under this Act; and 
(e) To regularly inform the appropriate program official of the whistleblower's current 
activities and address. 
SEC. 8. Breach of the Memorandum ,qf Agreement. -
Substantial breach of the 
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Memorandum of Agreement shall be a ground for the immediate termination of the protection 
and benefits provided under this Act. 
The Council shall send notice to a whistleblower 
concerned, stating therein the reason for such, termination. In view thereof, a whistieblower 
shall be afforded reasonable 'time to take ap~topriate and necessary protection and security 


measures. 
In addition, the whistleblower shall return all the financial rewards received pursuant to 
Section 17 of this Act. 
SEC. 9. Protection Against Other Actions. - A whistleblower or an informant who has 
made a disclosure under this Act shall not be subject to any liability in any proceeding. Any 
disclosure made or any document submitted to the Council shall be inadmissible in evidence 
against the whistleblower. 
This protection shall also operate as immunity in favor of a whistleblower or informant 
against any action or proceeding taken' against the whistleblower by any person subject of a 
disclosure, by reason thereof and acts in relation to subject of disclosure. Provided, however, 
that the protection against any action or proceeding shall not be available in cases of deliberate 
and voluntary giving of false or misleading information, and of any unjustified recantation of 
testimony by a whistleblower. 
SEC. 10 . 
Defense of PriJ'i/egedpommunication. -
A whistleblower or any person 
. who has made a disclosure under this Act shall have, as defense in any other inquiry or 
proceeding, the absolute privilege with respect to the subject matter of the disclosure or 
information given to the proper authorities. 
SEC. 11. 
Confidentiality. -
Except as allowed by this Act, during and after a 
disclosure, and throughout and after any proceeding taken thereafter, a whistleblower or an 
informant is entitled to absolute confidentiality about: 
(a) Whistleblower's identity; 
(b) The subject matter of the disclosure; and 
, 
( c) The person to whom such disqlosure was made. 
There shall be no such confidentinlity of identity if a whistleblower or an informant makes 
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a public disclosure of a conduct constituting graft and corruption unless, notwithstanding such 
public disclosure, the whistleblower has taken means and measures obviously intended to 
preserve anonymity. 
SEC. 12. 
No Breach of Duty of Confidentiality. - A whistleblower or an informant 
who has made a disclosure under· this·Actr on whom a provision of law, regulation, issua;'ce, 
practice or other convention, imposes a duty, to maintain confidentiality with respect to any 
information disclosed, is considered not to ha~e committed a breach thereof. 
SEC. 13. 
Confidential Information,! -
No person to whom a disclosure has been 
made or referred shall divnlge any inforni~tion that may identifY or tend to identifY a 


whistleblower or informant or reveal the subject matter of such disclosure, except under the 
following circumstances: 
Ca) The whistleblower or the infonnant consents in writing prior to a disclosure of an 
information; 
(b) The disclosure is indispensable and essential as determined by the Council, having 
regard to the necessary proceedings to be taken after the disclosure; or 
(c) The disclosure or refelTal is made pursuant to an obligation under this Act. 
The prohibition on disclosure under this section shall apply to any person who has become 
privy to any confidential information, whether officially or by other means. 
SEC. 14. 
Protection Against Disciplinary Action or Reprisals. - A whistleblower 
who has made or is believed or suspected to have made a disclosure under this Act is not liable 
to disciplinary action for making said disclosure. 
Prohibited acts under this section include reprisals in the workplace or prejudicial conduct 
towards a whistleblower such as: discriminatory actions behind policies and procedures, 
unwalTanted reprimand, punitive ,t~ansfers, malicious refelTal to a psychiatrist or counselor, and 
unfounded or baseless poor perfonnance reviews. Other prejudicial actions include obstruction 
of an investigation, withdrawal of essential resources, undue reports and the attachment of false 
personnel files or notes. 
SEC. 15. 
Security and Protection of a Whistleblower. - When determined to be 
necessary and appropriate by the Council, a whistleblower, even if the disclosure is made in 
confidence, shall be entitled to, personal security. For this purpose, the Council may request 
any law enforcement agency for assistance. 
Should, at anytime, the identity of the 
whistleblower be revealed, or anonymity compromised, the whistleblower may, upon the 
recommendation of the Council, be e?titled to the benefits of Republic Act No. 6981, in 
addition to the other benefits under this Act. 
SEC. 16. 
Confidentiality oj the Proceedings. -
All proceedings before the Council 
involving application andlor enjoyment of the benefits under this Act, including any action 
taken thereon, shall be confidential in nature. No information or documents given or submitted 
in support thereof shall be released except upon written order of the Council, and provided 
such disclosure shall not endangedhe·life,ef:.a'whistleblower. 
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SEC. 17. 
Financial Rewards for Tfhistleblowers. -
The whistleblower shall he 
entitled to a cOlTesponding monetary reward iri accordance with the following stages: 
Stages 


Upon admission into the program 
P200,000.00 
PlOO,OOO.OO 
Upon filing of the case with the 
PIOO,OOO.OO 
P 50,000.00 
Office ofthe Ombudsman 
Upon completion of the testimony 
P100,000.00 
P 50,000.00 
of the whistleblower 
For cases capable of pecuniary estimation, such as plunder, forfeiture of ill-gotten wealth; 
bribery, malversation and damage or i\ljury' to government, the whistleblower shall be entitled 
to an additional reward often percent (10%) of the actual amount recovered by final judgment. 
SEC. 18. 
Return of the Amount Received as Financial Rewards. -
A 
whistleblower admitted into the Program who deliberately and voluntarily gives false or 
misleading information in connection with conduct constituting graft and corruption as defined 
under this Act or who unjustifiably' recants testimony shall, in addition to the penalties 
provided in Section 21 and Section 22 of this Act, be required to return all the amounts 
received as financial rewards. 
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SEC. 19. 
Mandatory Posting of Abstract. -
All government agencies, offices, 
bureaus and LGUs, including government-owned or -controlled corporations, whether or not 
with original charters, shall conspicuously display an abstract of this Act and the rights and 
protections of whistleblowers or informants. Such abstract shall be provided in the rules and 
regulations to be promulgated pursuant to Section 31 of this Act. 
All government agencies, offices, bureaus and LGUs, including government-owned and -
controlled corporations, whether or not with original charters, are likewise required to put in 
place internal procedures for dealing with 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 public employees. 
SEC. 20. 
Credibility of a Whistleblower. -
In all cases, the fact of the entitlement 
of the whistleblower to the protection and benefits provided in this Act shall not be admissible 
in evidence to diminish or affect the whistleblower's credibility. 
SEC. 21. 
Penalty for Giving False and Misleading biformation. -
The penalty of 
imprisonment of not less than s"/K'(6)'"years'but not more than twelve (12) years and a fine of 
not more than One hundred thousand pesOs (PhpJOO,OOO.OO) shall be imposed upon a 
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whistleblower who deliberately and voluntarily gives false or misleading information in 
connection with conduct constituting graft aud corruption under this Act. If the offender is a 
public officer or employee, the penalty of dis1Jlissal from the service and the accessory penalty 
of perpetual absolute disqualification from 1I<?lding public office shall also be imposed. In 


addition, the offender may be held criminally and civilly liable under existing laws. 
SEC. 22. 
Penalty for Unjustified Recantation. - The unjustified recantation of 
testimony by a whistleblower shall constitute an offense and shall be punishable by a penalty 
of imprisonment of not less than four (4) years but not more than six (6) years. 
SEC. 23. 
Penalty for Reprisal Against Whistleblower. 
The penalty of 
imprisonment of not less than six (6) years but not more than twelve (12) years or a fine of not 
more than One hundred thousand pesos (PhpIOO,OOO.OO), or both, at the discretion of the court 
shall be imposed upon any person who shan commit any act of reprisal as defined in this Act 
against a whistleblower andlor hinders, delays, prevents or dissnades said whistleblower from: 
(a) Attending, assisting or testifYing before any investigating agency or judicial or quasi-
judicial body; 
(b) Reporting to a law enforcement officer or judge the commission or possible 
commission of an offense, or a violation of conditions of probation, parole, or release pending 
judicial proceedings;. 
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(c) Seeking the arrest of another person in connection with the offense; 
(d) Causing a criminal prosecution, or any proceeding for the revocation of a parole or 
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probation; and 
( e) Performing and enjoying the rights and benefits under this Act or attempt to do so. 
In addition, the penalty of dismissal from the service and the accessory penalty of 
perpetual absolute disqualification from holding public office shall be imposed upon an 
offender who is a public officer or employee. 
SEC. 24. 
Penalty for Violation of Confidentiality. -
The penalty of imprisonment 
of not less than six (6) months but not more than six (6) years shall be imposed upon any 
person who shan violate the protection of confidentiality of a protected disclosure under 
Sections 10, II, 13 and 16 of this Act. The penalty of dismissal from the service and the 
accessory penalty of temporary absolute disqualification from holding public office shall also 
be imposed upon an offender who is a public officer or employee. In addition, the offender 
shall be civilly liable to indemnify the whistleblower or informant in such amount of damages 
as may be awarded and deemed reasonable by a competent court. 
SEC. 25. 
Penalty for Reprisal in the Workplace. - The penalty of imprisonment of 
not more than six (6) years but not more than twelve (12) years shall be imposed upon any 
person who shall commit any act of reprisal in the workplace as defined in this Act, against a 
whistleblower or believed or suspected to be one. The penalty of dismissal from the service 
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and the accessory penalty of temporary absol)\te disqualification from holding pnblic office 


shall also be imposed upon an offender who is a public officer or employee. In addition, the 
offender shall be civilly liable to indemnify the whistleblower in such amount of damages as 
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may be awarded and deemed reasonable by a competent court. Towards this end, an aggrieved 
whistleblower shall be entitled to the provisional remedy of injunction against any reprisal in 
the workplace, prejudicial conduct, or discriminatory treatment by reason of 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 DOLE for unfair or discriminatory practices, 
backwages, or other labor disputes, or before other 'quasi-judicial agencies that mayor may not 
have arisen from a disclosure or believed or suspected disclosure. 
SEC. 26. 
Penalty for Discriminatory Hiring. - The penalty of imprisonment of not 
more than six (6) months shall be imposed upon any person who shall deny a qualified 
applicant for employment, or who shall reject an application for employment solely on the 
ground that an applicant is a w.histleblow.~f' ,or informant for the State. If the offender is a 
corporation, partnership, association, or any juridical person, the penalty shall be imposed 
upon the president, partner, manager andlor any responsible officer who participated in the 
commission of the offense. 
The penalty of dismissal from the service and the accessory penalty of snspension of the 
right to hold public office shall also be imposed upon the offender who is a public officer or 
employee. 
In addition, the offender shall be civilly liable to indemnifY the whistleblower in such 
amount of damages as may be awarded and deemed reasonable by a competent court. 
SEC. 27. 
Failure to Post Abstract. - The failure to post an abstract required under 
Section 19 of this Act shall constitute an offense and shall be punishable with a fine of One 
hundred thousand pesos (PhplOO,OOO.OO) for the first offense. The amount shall be doubled 
for every succeeding offense, and punisl;table with imprisonment of not more than six (6) 
months at the discretion of the court. For this purpose, the president, general manager, or head 
of agency, office or bureau shall be held criminally liable and shah suffer the acc~ssory penaltY 
of suspension of the right to hold public office. 
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SEC. 28. 
Failure to Act or Report t? the Council. - Any person under obligation to 
report a disclosure under this Act to the Council, who fails to do so within a period of two (2) 
months, or who fails to act thereon or cause an investigation thereof, shall be held liable and 
shall suffer the penalty of not more than one (1) month imprisonment or a fine of not more 
than Fifty thousand pesos (Php50,OOO.OO) at ti~ discretion of the court. 


SEC. 29. 
Whistleblower Benefits and Protection Council. -
A Whistleblower 
Benefits and Protection Council is hereby created composed of the Overall Deputy 
Ombudsman as Chairperson, and the following as members: 
(a) Prosecutor General, DOl; 
(b) Special Prosecutor, Ombudsman; 
(c) Witness Protection Program Director, DOl; 
(d) Executive Director, Anti-Money Laundering Council; 
(e) Director, Legal Service, Philippine National Police, in case the respondent is a 
member thereof; 
(f) The Judge Advocate General of the Anned Forces of the Philippines, in case the 
respondent is a memjJer thereof; 
(g) A representative from the civil society/nongovenunent organization involved in anti~ 
corruption and good governance to be appointed by the Chairperson of the Council, upon the 
recommendation of the members thereof; and 
(h) A representative from t.heublls.ines~, ~.ector to be appointed by the Chairperson of the 
Council, upon the recommendation of the Philippine Chamber of Commerce and Industry. 
The existing personnel of the Office of the Ombudsman shall serve as secretariat to the 
Council. 
SEC, 30, 
Powers and Functions oj the Council. -
In addition to its powers and 
functions under existing laws, the Council shall have the following powers and functions: 
(a) Monitor, coordinate and evaluate all efforts relative to the implementation and 
enforcement of the provisions of this Act; 
(b) Evaluate the disclosure and qualification of whistleblowers or infonnants for coverage 
within this Act, and make the appropriate decision on their entitlement to the benefits extended 
herein; 
(c) Undertake, in coordination and cooperation with the private and public sectors, an 
infornlation campaign to educate the public, on the provisions and benefits of this Act; 
(d) Develop plans and implement programs to further encourage whistleblowers or 
infoffilants on graft and comlpt activities with a view to effective deterrence and/or 
prosecution; 
(e) Control and administer,,, c.onsistent with the provisions and purposes of this Act, the 
protection and benefits of whistleblowers in c,onnection with the cases within the coverage of 
Section 4 ofthis Act; 
(f) Call upon, or deputize any department, bureau, office or any other government agency 
or public official to assist in the effective implementation and enforcement of this Act; and 


(g) Grant immunity in accordance with the provisions of this Act and its implementing 
rules and regulations. 
SEC. 31. 
Appropriations. -
The amount necessary to carry out the provisions of 
this Act shall be included in the annual General Appropriations Act. 
SEC. 32. 
Implementing Rules and Regulations. -
The Council shall promulgate 
such rules and regulations as may be necessary to implement the intent and purposes of this 
Act. Said rules and regulations shall be published in two (2) newspapers of gel1eral circulation. 
SEC. 33. 
Separability Clause. -
If any portion or provision of this Act or the 
application thereof shall be declared invalid or unconstitntional, the validity of other parts or 
provisions not affected thereby shall continue to be in full force and effect. 
SEC. 34. 
Repealing Clause. -
All laws, decrees, executive issuances, rules and 
regulations inconsistent with this Aet'aFe .h~reby repealed or modified accordingly. 
SEC. 35. 
Effectivity Clause. - This Act shall take effect fifteen (15) days following 
its complete publication in two (2) newspapers of general circulation. 
Approved,