THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
”04 
JUL 14 P 3 22 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution Article 11, Section 27, provides that: “The State shall maintain 
honesty and integrity in the public service and take positive and effective measures 
against graft and corruption.” 
Graft and corruption still abound and continue despite laws imposing severe 
penalties for their violation. One reason why many corrupt acts go unreported is because 
potential witnesses fear reprisals from the perpetrators. 
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Accordingly, the government must encourage potential witnesses to come out 
with information by providing them adequate protection from reprisals. 
This bill seeks to provide protection to employees who may have inl‘ormation 
relating to a substantial violation of law related to a public contract, including the 
competition for or negotiation of a contract from repr 
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’04 .IUL 14 !’j :?z 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF TIHE PHILIPPINES 
1 
First Regular Session 
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BY ,“- 
SENATE 
S.B. No. 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR PROTECTION FROM REPRISALS TO EMPLOYEES OF 
CONTRACTORS FOR DISCLOSURE OF INFORMATION RELATING TO 
SUBSTANTIAL VIOLATION OF LAW RELATED TO PUBLIC CONTRACTS 
INCLUDING THE COMPETITION FOR NEGOTIATION OF A CONTFUCT 
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Be if enacted by the Senate and the House of Representatives in Congress 
assembled: 
Section 1. Shovt Title. - This Act may be cited as “Protection from Reprisals Act.“ 
Section 2. Declaration ofPoZicy.- 
It is the policy of the State to maintain 
honesty and .integrity in the performance and negotiations of public contracts by 
encouraging employees of contractors, who had been awarded a public contract, to 
disclose information related to a substantial violation of law related to a contract 
iiicluding the competition for negotiation of a contract. 
Section 3. Definition ofTerms. - As used in this Act: 
(A) The term “contract” means a contract awarded by the head of an 
executive agency. 
(E) The term “contractor” means a person awarded a contract with an 
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executive agency. 
Section 4.1 
Prohibition ofReprisals. - An employee of a contractor may not be 
discharged, demdted, or otherwise discriminated against as a reprisal for disclosing to a 
member of Con&% 
or an authorized official of an executive agency or the Department 
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of Justice information relating to a substaitial violation of a law related to a contract, 
including the competition for or negotiation of a contract. 
Section 5. Investigation of Complaints. - A person who believes that an employee 
has been subjected to a reprisal prohibited by Section 4 of this Act may submit a 
complaint to the executive agency who awarded the contract. 
Unless the officer designated by the Head of the concerned executive agency 
determines that the complaint is frivolous, he shall investigate the complaint and, upon 
completion of suhh investigation, submit a report of the findings of the investigation to 
the person, the contractor concerned, and the head of the agency. 
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Section61 
Remedy and Enforcement Authority. - (A) 
If the head of an 
executive agency determines that a contractor has subjected a person to reprisal 
prohibited by Section 4 of this Act, the head of the executive agency may take one or 
more of the following actions: 
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(1) 
order the contractor to take affirmative action about the reprisd. 
(2) 
order the contractor to reinstate the person to the position that the 
person held before the reprisal together with compensation (including 
back pay), employment benefits, and other terms and conditions of 
employment that would apply to the person in that position if the reprisal 
had not been taken; and 
(3) 
order the contractor to pay the complainant an amount equal to the 
aggregate amount of all costs and expenses (including attorney’s fees and 
expert witnesses’ fees) that were reasonably incurred by the complainant 
for, or in connection with, bringing the complaint regarding the reprisal, as 
determined by the head of the executive agency. 
(B) 
Whenever a person fails to comply with an order issued under paragraph 
(A), the head of.the executive agency shall file an action for enforcement of such order in 
the appropriate court for the district in which the reprisal was found to have occurred. 
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Section 7. Construelion. - Nothing in this section may be construed to authorize 
the discharge of, demotion of, or discrimination against an employee for a disclosure 
other than a disclosure protected by Section 4 of this Act or to modify or derogate from a 
right or remedy otherwise available to the employee. 
Section 8. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the reminder of the law of the provision not otherwise affected shall 
remain valid and subsisting. 
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Section 9. ' Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or 
Inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
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Section 14. EfSeetivity Clause: This Act shall tale effect fifteen (15) days after its 
publication in at least two (2) newspaper of general circulation. 
Approved. 
FN: SB#309