HOUSE OF REPRESENTATIVES:

RECEIVED
Date: 30 JU
Republic of the Philippines res .
HOUSE OF REPRESENTATIVES i 2;
VE i

Quezon City, Metro Manila

REGISTRATION UNIT

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION WALLS ann INDEX SERVICE
465

HOUSE BILL NO, __~

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT
PROVIDING FOR THE PROTECTION, SECURITY AND BENEFITS OF THE
WHISTLEBLOWERS, APPRORIATING FUNDS THEREFORE AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

The evils of graft and corruption have always plagued both the public and private
sectors of our society in the Philippines. Graft and corruption in our society weakens
our democracy and the integrity of our various institutions, leads to violations of human
rights, distorts markets, prevents the proper delivery of basic services to the people,
increases inequality and injustice in the society and allows organized crime, terrorism
and other threats to human security to flourish. Therefore, there is a need to minimize,

if not to totally eradicate graft and corruption in our society.

Aside from graft and corruption prevalent in our country, there are also rampant
criminal activities that must be stopped. The criminals involved must be prosecuted and
adjudged to be guilty of the crimes committed. There are instances that information on
unlawfully acquired property of a person may lead the authorities to be informed of other
criminal activities which serve as sources of the said unlawfully acquired properties or

wealth.

Building up of cases is very important in order to file an intelligent and substantial

complaint that may warrant the finding of a probable cause, or even guilt beyond
reasonable doubt. There maybe people who know certain pieces of information which


are relevant and may be used to either further investigate the person/s involved, or file
the necessary complaint. However, these people may be afraid to come out because
there is a possibility that their identities may be revealed, their lives be endangered or
their lives be affected due to reprisals or discrimination. Consequently, in order to
ensure that whistleblowers or informants would come out to help the government go
against corrupt officials and other criminals, the government must give them benefits
and protection.

In view of the foregoing, immediate passage of the bill is eamestly sought.

in Tugna


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

SEVENTEENTH CONGRESS
FIRST REGULAR SESSION

HOUSE BILLNO.__ 465

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT
PROVIDING FOR THE PROTECTION, SECURITY AND BENEFITS OF THE
WHISTLEBLOWERS, APPRORIATING FUNDS THEREFORE AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of 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 2016."

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 investigation and 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 of more or higher benefits provided in existing laws.

SECTION 3. Definition of Terms. - As used in this Act, the following terms are hereby
defined as follows:

(a) Acts constituting graft and corruption refer to any conduct, act or omission of
public officers and employees which are covered by, or constitute as violations of:
(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’;


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(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".

(c) Council refers to the Whistleblower Benefits and Protection Council created
pursuant to Section 29 of this Act.

(d) Informant refers to any person who has personal knowledge or access to data,
events or information, of any act or conduct constituting graft and corruption as
defined under this Act or of any property or wealth unlawfully acquired as defined in
Republic Act No. 1379 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.

(e) Program refers to the "Whistleblower Protection, Security and Benefit Program"
which the Council shall formulate and implement pursuant to this Act.

(f) Public officer refers to any persons holding any public office in the Government
of the Republic of the Philippines by virtue of an appointment, election or contract.

(g) Whistleblower refers to an informant admitted into the Program of the Council in
accordance with this Act and its rules and regulations.

(h) Reprisal refers to any negative or 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.

(i) Reprisal in workplace refers to any discriminatory conduct or policies against a
whistleblower which affect promotion or job assignment or receiving of benefits and
bonuses jf applicable, including but not limited to the following: i) undue negative
performance appraisal; ii) unusual and unwarranted close monitoring by supervisors;
iii) unwarranted criticisms or avoidance by co-employees; iv) withholding
responsibilities and assignments; v) blacklisting from other job opportunities or
prejudicial transfers by reason of a disclosure made under this Act.

SECTION 4. Coverage. - This conduct constituting graft and corruption covered under
this Act, whether commenced or consummated before the effectivity of this Act, refers
to any conduct, act or omission of public officers and/or employees which are covered
by, or amount to violations of Republic Act No. 3019; Sections 7, 8 and 9 of Republic
Act No.6713; Republic Act No. 7080; Presidential Decree No. 46; and Title Vil, Book
Two of the Revised Penal Code on "Crimes Committed by Public Officers",


This Act also covers property or wealth unlawfully acquired as defined in Republic Act
No. 1379.

SECTION 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 or
any property or wealth unlawfully acquired as defined in Republic Act No. 1379 which
might relate to any criminal activities punished under applicable laws and rules and
regulations;

(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 will lead 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 to the benefits and protection under this Act,
subject to the provision of Section 17 herein. Entitlement of benefits and protection
under this Act will not prevent the whistleblower from receiving or availing the benefits
under Republic Act No.6981, otherwise known as the "Witness Protection, Security and
Benefit Act” pursuant to its provisions.

SECTION 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
for the whistle blower'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 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 involving moral turpitude;

(c)To take all necessary precautions to 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 protection under this Act; and

(e)To regularly inform the appropriate program official of the whistleblower's current
activities and address.

SECTION 8. Breach of the Memorandum Agreement. - Substantial breach of the
Memorandum of Agreement shall be aground 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 measures for such termination. In
view thereof, a whistleblower shall be afforded reasonable time to take appropriate and
necessary protection and security measures.

In addition, the whistleblower shall return all the financial rewards received pursuant to
Section 7of this Act.

SECTION 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 in admissible 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
whistle blower 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.

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 the disclosure or
information given to the proper authorities.

SECTION 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) His/Her identity;

(b)The subject matter of the disclosure; and

(c) The person to whom such disclosure was made.

There shall be no such confidentiality of identity if a whistleblower or an informant
makes 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.

SECTION 12. No Breach of Duty of Confidentiality.- A whistleblower or an informant
who has made a 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 13. Confidential Information - No person to whom disclosure has been
made or referred shall divulge any information that may identify or tend to identify a


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whistleblower or informant or reveal the subject matter of such disclosure, except under
the following circumstances:
(a) The whistleblower or the informant consents in writing prior to a disclosure of
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 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 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 work place as defined in
Section 3 of this Act or prejudicial conduct towards a whistleblower such as but not
limited to the following: a) discriminatory actions behind policies and procedures, b)
unwarranted reprimand; c) punitive transfers; d) malicious referral to a psychiatrist or
counselor; and e) unfounded or baseless poor performance reviews. Other prejudicial
actions include obstruction of an investigation, withdrawal of essential resources, undue
reports and the attachment of false personnel files or notes.

SECTION 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 any time, the
identity of the whistleblower be revealed, or anonymity compromised, the whistleblower
may, upon the recommendation of the Council, be entitled to the benefits of Republic
Act No.6981,in addition to the other benefits under this Act.

SECTION 16. Confidentiality of the Proceedings. — All proceedings before the Council
involving application and/or 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 endanger the life of a whistleblower.

SECTION 17. Financial Rewards for Whistleblowers. - The whistleblower shall be
entitled to a corresponding monetary reward in accordance with the following stages:

Stages Ifthe case is of pecuniary | If the case is not capable of
estimation ___pecuniary estimation _|
Upon admission into the Php200,000.00 Php100,000.00
program
Upon filing of the case with Php100,000.00 Php50,000.00

[the Office of the



Ombudsman or Department
of Justice, as applicable

Upon completion of the Php100,000.00 Php50,000.00
testimony of the
whistleblower _

For cases capable of pecuniary estimation, such as plunder, forfeiture of ill-gotten
wealth, bribery, malversation and damage or injury to government, violation of the
provisions of the National Internal Revenue Code, the whistleblower shall be entitled to
an additional reward of ten percent (10%) of the actual amount recovered by final
judgment.

SECTION 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 any property or wealth unlawfully acquired as defined in Republic Act
No. 1379 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.

SECTION 19. Mandatory Posting of Abstract. - All government agencies, offices,
bureaus and local government units (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.

SECTION 20. Credibility of a Whistleblower. - |n 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.

SECTION 21. Penalty for Giving False and Misleading Information. - The penalty of
imprisonment of not less than six (6) years but not more than twelve (12) years and a
fine of not more than One Hundred Thousand Pesos (Php100,000.00) shall be imposed
upon a whistleblower who deliberately and voluntarily gives false or misleading
information in connection with conduct constituting graft and corruption under this Act.
If the offender is a public officer or employee, the penalty of dismissal from the service
and the accessory penalty of perpetual absolute disqualification from holding public
office shall also be imposed. In addition, the offender may be held criminally and civilly
liable under existing laws.



SECTION 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.

SECTION 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 (Php100,000.00), or both, at the
discretion of the court shall be imposed upon any person who shall commit any act of
reprisal as defined in this Act against a whistleblower and/or hinders, delays, prevents
or dissuades 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;

(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 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.

SECTION 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 shall violate the protection of confidentiality of a protected disclosure under
Sections 10, 11, 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.

SECTION 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 work place as defined in this
Act, against a whistleblower or believed or suspected to be one. 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 in such amount of damages as 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
whistleblowers 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, 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 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 whistleblower 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 and/or any responsible officer who
participated in the commission of the offense.

The penalty of dismissal from the service and the accessory penalty of suspension 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.

SECTION 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 (Php100,000.00) for the first offense The amount shall
be doubled for every succeeding offense, and punishable 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
shall suffer the accessory penalty of suspension of the right to hold public office.

SECTION 28. Failure to Actor Report to the Council. - Any person under obligation to
report a disclosure under this Act to the Council, who fails to do so with in 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 (Php50,000.00) at the discretion of the
court.

SECTION 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, DOV;

(b)Special Prosecutor, Ombudsman;

(c)Witness Protection Program Director, DOJ;

(d)Executive Director, Anti-Money Laundering Council;

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(e)Director, Legal Service, Philippine National Police, in case the respondent is

a member thereof;

(f) The Judge Advocate General of the Armed Forces of the Philippines, in case

the respondent is a member thereof;

(g) A representative from the civil societyinongovernment 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 the business sector 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

SECTION 30. Powers and Functions of the Council.- \n 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 informants for
coverage within this Act, and make the appropriate decision on their entitlement
to the benefits extended herein;

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

(d) 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;

(e) 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 of Section 4 of this 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

SECTION 31. Appropriations. - The amount necessary to carry out the provisions of

this Act shall be included in the annual General Appropriations Act.

SECTION 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 general circulation.

SECTION 33. Separability Clause.- If any portion or provision of this Act or the

application there of shall be declared invalid or unconstitutional, the validity of other
parts or provisions not affected there by shall continue to be in full force and effect.

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SECTION 34. Repealing Clause. —All laws, decrees, executive issuances, rules and
regulations inconsistent with this Act-are hereby repealed or modified accordingly.

SECTION 35. Effectivity Clause. —This Act shall take effect fifteen (15) days following
its complete publication in two (2) newspapers of general circulation.

Approved,

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