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

SEVENTEENTH CONGRESS
First Regular Session

776

House Bill No.“

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay ~ Villar

EXPLANATORY NOTE

A government is ultimately accountable to its people, yet it is the nature of the
government for most of its functions to take place outside the view of the vast majority of the
population. Transparency is essential to enable the people to hold the government
accountable, and essential to transparency is the protection of individuals - so-called
whistleblowers -- who have knowledge of wrongdoing and are willing to bring these crimes
to light, frequently at great risk to their lives and livelihood.

Hence, if a government must be accountable, if a government must be transparent,
then it also must take steps to ensure the protection of whistleblowers, particularly as against
those within government itself that would use their positions of power to silence the truth.
This is necessary not only to protect the brave, but to guarantee that even those with the most
to fear ~- for themselves or their families -- do not remain silent in the face of injustice.

If all it takes for evil to triumph is for good men and women to do nothing, then the
government must give these good men and women one more reason to stand up. This bill,
based on House Bill No. 135 filed by Rep. Mark A. Villar, with several changes on the
definition of “retaliatory action”, the necessity of the whistleblower’s testimony, and other
provisions, seeks to do just that by providing for a comprehensive system of protection for
whistleblowers.

banlene Hs Vatlan
EMMELINE Y. AGLIPAY - VILLAR
Representative, DIWA Party-list

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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No.__ 775

Introduced by DIWA Party-list Representative Emmeline Y. Agiipay ~ Villar

AN ACT PROVIDING FOR THE PROTECTION OF WHISTLEBLOWERS,
ENSURING THEIR SECURITY AND PROVIDING BENEFITS FOR THEIR
WELFARE

Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the "Whistleblower
Protection Act of 2016."

SECTION 2. Declaration of Policy. — It is a recognized principle that public office
is a public trust, and therefore the State shall promote and ensure accountability of its officers
and employees in the conduct of their functions and duties. Toward 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 erring public officials
and employees, and repress certain acts of public officers and private persons
which constitute graft or corrupt practices:

(C) Encourage and give protection to individuals disclosing matters relating to
corruption and other acts or omissions of public officers and employees inimical to
the government.

SECTION 3. Definitions. -As used in this Act.

Employer" shall mean any individual, partnership, association, Corporation of

ig the government, or any person or group of persons who shall directly or
indirectly, for or on behalf of said individual, partnership, association, corporation or entity,
employ an employee as defined in this Act.

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(B) "Employee" shall mean any person who is made to 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

(C) "Public officer/employee" shall refer to any person holding any office or
performing any function or duty in the Goverment of the Republic of the Philippines by
virtue of an appointment, election or contract

@®) "Government" shall include the National Government, and any of its
subdivisions, agencies or instrumentalities, including govemment-owned and controlled
corporations and their subsidiaries, and Local Government Units.

(E) "Retaliatory action” shall refer to any negative or obstructive response, reaction or
reprisal to a disclosure made under this Act aimed at, pertaining to, or against a
whistleblower or any of the members of his/her family and relatives up to the fourth civil
degree of consanguinity or affinity. Said actions shall include, but are not limited to, criminal,
civil or administrative proceedings commenced or pursued, or punitive measures or
diminution of benefits or retaliatory action in the workplace as defined in this Act, or
continual or habitual harassment undertaken against said whistleblower or any of the
members of his/her family or relatives up to the fourth civil degree of consanguinity or
affinity

(F) "Retaliatory action in the workplace" shall mean any discriminatory conduct or
policies which affect promotion or job assignment including undue negative performance
appraisal, close monitoring by supervisors, unwarranted criticisms or avoidance by co-
employees, blacklisting from other job opportunities or prejudicial transfers by reason of a
disclosure made under this Act.

(G) "Acts constituting improper conduct" shall mean any act or omission of a public
officer or employee solely, or in cooperation, conspiracy with, or with the assistance of,
private persons which is covered by or constitute a violation of.

(1) Presidential Decree No. 46 otherwise known as "Making it punishable for Public
Officials and Employees to receive, and for Private persons to give, gifts on any
occasion, including Christmas";

(2) Republic Act No. 3019 otherwise known as "Anti-Graft and Corrupt Practices
Act."

(3) Republic Act No. 6713 otherwise known as "An Act Establishing a Code of
Conduct and Ethical Standards for Public Officials and Employees";

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(4) Republic Act No. 7080 otherwise known as the "Anti-Plunder Law";

(5) Title VII of Book Two of the Revised Penal Code on Crimes Committed by Public
Officers; and

(6) All other laws which penalize or sanction any act or omission of a public officer or
employee.

(H) "Whistleblower" shall refer to any person who has personal knowledge or access
to any data, information, fact or event constituting improper conduct; Provided that such
Person must not have any direct participation in such improper conduct, or in cases where
such person participated in any improper conduct, such person is not the most guilty and shall
therefore qualify as a state witness against the persons subject of such disclosure.

()) "Qualified Whistleblower" shall mean a whistleblower qualified and admitted into
the Whistleblower's Program of the Implementing Agency in accordance with this Act and its
implementing rules and regulations.

(J) "Implementing Agencies or Agency" shall collectively or individually refer to the
Department of Justice (DOJ), the Office of the Ombudsman, the Commission on Human
Rights (CHR), and the Public Attorney's Office (PAO).

(K) "Whistleblower Council" shall refer to the Council created and defined under
Section 31 of this Act.

SECTION 4. Coverage. -Notwithstanding the provisions of law on prescription of
crimes, this Act shall cover all acts constituting improper conduct irrespective of the time of
commission.

SECTION 5. Admission/Qualification to the Program. - Whistleblowers, whether
from the public or private sector, shall be entitled to the 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 acts constituting improper conduct; and

(¢) The information to be disclosed is admissible in evidence.

SECTION 6. Necessity of Testimony. - The testimony of a qualified whistle blower
in court shall not be necessary for the entitlement or enjoyment of the benefits of this Act. In

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the event that the said whistleblower's testimony is required as found by the Implementing
Agency to be necessary and indispensable for a successful prosecution of a case, or if it is
necessary or likely that the whistleblower’s identity will be revealed in the course of the
proceedings, he/ she shall be entitled to the additional benefits and protection under RA. No
6891 otherwise known as the Witness Protection Program, funding for which shall be sourced
from the’ budget as provided under Section 32 hereof.

SECTION 7. Credibility of a Whistleblower. -In all cases, the fact of the
entitlement of the qualified whistleblower to the protection and benefits provided in this Act
shall not be admissible in evidence to diminish or affect his or her credibility.

SECTION 8. Perpetuation of Testimony. - Once admitted into the program, a
whistleblower may perpetuate his/her testimony pursuant to Rule 134 of the Revised Rules of
Court.

SECTION 9. Memorandum of Agreement with the Person to be Protected. -
Before a person is provided protection and benefits as a whistleblower for the State, he/ she
shall first execute a Memorandum of Agreement with the Implementing Agency which shall
set forth his/her responsibilities as follows

(A) To provide information to and testify before all branches or agencies of
government in an appropriate proceeding on facts constituting improper conduct,

(B) To avoid commission of crime;

(©)To take all necessary precautions to preclude detection by others of the facts
conceming the protection provided him/her under this Act;

(D) To cooperate with a reasonable requests of officers and employees of the
government who are providing him/her protection under this Act, and

(©)To regularly inform the Implementing Agency's program official concemed of
his/her current activities and address.

SECTION 10. Breach of Memorandum of Agreement. - breach of the
Memorandum of Agreement, provided for in Section 9 hereof, shall be sufficient ground for
the termination of the protection and benefits provided under this Act; Provided however, that
before terminating the same, the Implementing Agency shall send notice to the qualified
whistleblower concemed, stating therein the reason for such termination

SECTION 11. Confidentiality. - Except insofar as allowed by this Act, during and
after the disclosure, and throughout and after any proceedings taken thereafter, a
whistleblower is entitled to absolute confidentiality as to

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(A)His/her identity, including particulars such as his/her residence and that of his/her
family;

(B) The subject matter of his/her disclosure; and

(C) The person to whom disclosure has been made.

‘There shall be no such confidentiality in his/ her identity if a whistle blower makes a
public disclosure of acts constituting improper conduct unless, notwithstanding such public
disclosure, he/she has taken means obviously intended to preserve his/her anonymity.

SECTION12. Confidential information. - No person to whom a disclosure has been
made or referred to shall divulge any information that may identify or tend to identify a
whistleblower or reveal the subject matter of such disclosure, except only as to the following
circumstances

(A)The whistleblower consents in writing prior to such a disclosure of:

(B) The disclosure is indispensable and essential as determined by the Implementing
Agency, taking into consideration the necessary proceedings to be had after said 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 otherwise.

SECTION 13. Violation of Confidentiality. - Any person who shall, by fault or
negligence, violate the protection of confidentiality of a protected disclosure under Sections
11 and 12 of this Act, shall suffer the penalty of not more than one (1) year but not less than
six (6) months with the accessory penalty of temporary absolute disqualification for public
office, in case of a public officer or employee, and shali be civilly liable to the whistleblower
in such amount of damages as may be awarded and deemed reasonable by tile court. The
proceedings herein shall be independent of any action that an aggrieved whistleblower may
take before the Civil Service Commission or the Department of Labor and Employment for
unfair or discriminatory practices, back wages, or other labor dispute, or before other quasi-
judicial agencies, that may or may not have arisen from a disclosure, or a believed or
suspected disclosure.

SEC 14, No Breach of Duty of Confidentiality. - A whistleblower who has made a
disclosure under this Act to a person whom a provision of law, regulation, issuance, practice
or other convention, imposes upon him/her the duty to maintain confidentiality with respect
to any information disclosed, is considered not to have committed a breach thereof.

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SEC 15. Defense of Privileged Communication. - A whistleblower who has made a
disclosure under this Act shall have in any other inquiry or proceeding the defense of
absolute privileged communication with respect to the subject matter of his/her disclosure or
information given lo the proper authorities

SEC 16, False and Misleading Disclosures. - Any person who deliberately and
voluntarily gives false or misleading information in connection with acts or omissions
constituting improper conduct shall be guilty of an offense punishable by imprisonment of
not more than two (2) years and perpetual absolute disqualification from public office, in case
of a public officer or employee, without prejudice to other liabilities under existing laws.

SEC 17. Protection against Disciplinary Actions 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 retaliatory action in a workplace or
prejudicial conduct towards a whistle blower, such as: discriminatory actions behind policies
and procedures, reprimand, punitive transfers, unwarranted referral to a psychiatrist or
counselor, and undue poor performance reviews. Other prejudicial conducts include
obstruction of an investigation, withdrawal of essential resources, undue reports and the
attachment of unfair personnel file notes.

To this end, any employer who has discouraged and imposed sanctions or reprisals
based on workplace interactions, which shall include workplace ostracism, questions and
attacks on motives, accusations of disloyalty and dysfunction, public humiliation, and the
denial of work or promotion, or who encourages, causes or does retaliatory action or reprisal
against a whistleblower, or anyone believed or suspected to be one shall be liable for an
offense defined under this Act

Any employee who refuses to follow orders of employers that could 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, an applicant for employment shall be
deemed an employee and entitled to such protection.

Provided however, that in cases where a whistleblower is unable to report to work for
a prolonged or indefinite period of time because of his/her status or actions under this Act,
and if the whistleblower consents to his/her identity being revealed to the employer, an
employer of a whistleblower shall be notified through a certification issued by the
Implementing Agency within a period of thirty (30) days, from the date when the
whistleblower last reported for work. Provided further that an employer shall have the option
to remove said whistleblower from employment after securing a clearance from the Civil
Service Commission and the Department of Labor and Employment, whichever the case may
be, in case or a prolonged absence due to transfer or permanent relocation under this Act or
Rep. Act No. 6891.

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SEC 18. Protection against Other Actions, - A whistleblower who has made a
disclosure under this Act shall not be subject to any liability whether administrative, civil,
criminal for making such a disclosure. No action, claim or demand may be taken against a
whistleblower for making such disclosure, nor shall any evidence presented be used against
him/her in court.

This protection shall also operate as immunity in favor of a whistleblower against any
action or proceeding taken against him/her by reason of his/ her disclosure. Provided
however, that the whistle blower appears to be not the most guilty

SEC 19. Discriminatory Hiring. - Any individual, firm, corporation, office or
employer who shall deny a qualified applicant of employment, or who shall reject his/her
application for employment solely on the ground that the applicant is or will be a
whistleblower, shall be guilty of an offense punishable by not more than six (6) months
imprisonment with the accessory penalty of suspension of the right to hold public office, in
case of a public officer or employee, and shall be civilly liable to indemnify the
whistleblower for damages as may be awarded by the court.

SECTION 20. Retaliatory Action in the Work Place. - Any person who shall
commit any retaliatory act in a workplace as defined under this Act, against an employee who
is a whistleblower, or believed or suspected to be one, shall be guilty of an offense and shall
suffer the penalty of not more than six (6) months imprisonment with the accessory penalty
of suspension of the right to hold public office, in case of a public officer or employee, and
shall be civilly liable to indemnify a whistleblower in case damages are incurred and as may
be awarded by the court.

Toward this end, the aggrieved whistleblower 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 said whistle blower's intended or actual disclosure

The proceedings herein shall be independent of any action that an aggrieved person
may take before the Civil Service Commission or the Department of Labor and for unfair
discriminatory practices, back wages, or other labor dispute, or before other Quasi-Judicial
agencies that may or may not have arisen from a disclosure, or a believed or suspected
disclosure

SEC 21. Penalty for Retaliatory Acts against a Whistleblower. - Any person who
commits any of the retaliatory acts as defined in this Act against a whistleblower and/or
hinders, delays, prevents or dissuades a whistleblower from the following acts, shall be fined
not more than One Hundred Thousand Pesos (Php 100,000.00) or suffer imprisonment of or
not less than six (6) months but not more than six (6) years or both at the discretion of a court
and shall also suffer the penalty of perpetual disqualification from holding public office in
case of a public officer or employee:

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(A) Attending, assisting or testifying before any investigating agency or quasi-judicial
body or judicial;

(B) Reporting to a law enforcement 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 a proceeding for the revocation of a parole or
probation; or

(E) Performing and enjoying the rights and benefits under this Act or attempts to do
50.

SECTION 22. Benefits and Security and Protection of a Qualified
Whistleblower. - A qualified whistle blower shall be entitled to an allowance equivalent to
his /her daily basic financial requirement for him/herself and to allow the whistleblower to
support or contribute to the support of his/her immediate family/household, provided he/she
requests for said allowance, and that the Implementing Agency determines and approves the
reasonableness of such request. A qualified whistleblower shall likewise be entitled to
housing and personal security for him/herself and is/her immediate family/household
regardless of whether the disclosure is made in confidence or in public. Accordingly, the
Implementing Agency is hereby authorized to allocate funds as provided for in Section 32
hereof for the full satisfaction of the benefits and security and protection of a qualified
whistle blower.

This section is without prejudice to any benefits a qualified whistleblower may be
entitled to under R.A. No. 6891, provided that the necessary amount shall be sourced from
the budget as provided for in Section 32 hereof and that no duplication of benefit shall ensue.

SECTION 23. Financial Rewards for Whistleblowers. - A qualified whistleblower
shall be entitled to a corresponding monetary reward on a contingency basis, equivalent to at
least ten percentum of the amount which may be recovered, or which the government lost due
to the alleged acts of those accused, or the amount of Three Million Pesos (Php3,000,000.00),
whichever is lower, as a result of his/her disclosure

SECTION 24, 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
protections of whistleblowers, including the obligations of employers under this Act. Such
abstract shall be provided in the implementing rules and regulations

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All government agencies, offices, bureaus and local government units, including
government owned and controlled corporations, whether or not with original charters, shall
likewise put in place intemal procedures for dealing with whistleblowers consistent with the
provisions of this Act and its implementing rules and regulations. Said intemal procedure
shall be widely disseminated to all employees. All other employers, specifically those in the
private sector, shall also conspicuously display notices of their employees protections and
their obligations under this Act and its implementing rules and regulations.

SECTION 25, Failure of Employer to Post Abstract. - The failure to post an
Abstract or internal procedures as required under Section 5 of this Act shall constitute an
offense and shall be penalized with a fine in the amount of One hundred Thousand Pesos
(Php 100,000.00) for the first offense. Said amount shall be doubled for every succeeding
offense’.

SECTION 26. Failure to Act or Report the Implementing Agency. - Any person
under obligation to report a disclosure under this Act to the Implementing Agency, who fails
to do so within the period of two (2) months, 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 to not more than Fifty Thousand
Pesos (Php 50,000.00) without prejudice to any other liability that may be imposed upon such
person under existing laws,

SECTION 27.Confidentiality of the Proceedings. - All proceedings 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 Implementing Agency, and
provided such disclosure shall not endanger the life of a qualified whistleblower.

SECTION 28. Powers and functions of the Implementing Agencies or Agency -
In addition to their respective powers and functions under existing Laws, the Implementing
Agencies shall:

(@) 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, prosecute or recommend
prosecution of the same when warranted;

(©) Evaluate the qualification of whistleblowers for coverage within this Act, and
whichever the case may be, make the appropriate decision on their entitlement to the benefits
and security and protection extended herein;

(4) 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,

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(@) Develop plans and implement programs to further encourage whistleblowers on
acts constituting conduct with a view to effective deterrence and/or prosecution;

(© Control and administer, through coordination and consistent with the provisions
and purpose of this Act, the protection and benefits of whistleblowers and the funds
necessary to carry out the provisions of this Act;

(g) 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 the provisions of this Act and its
Implementing rules and regulation

SECTION 29. Implementing Agency, Option of Whistleblower. - A whistleblower
shall have the right to choose which Implementing Agency he/ she intends to be admitted and
qualified as a whistleblower. As such, the Implementing Agency so chosen shall have the
primary jurisdiction and authority to exercise title powers and functions provided for under
Section 28 of this Act

SEC 30. Congressional Whistleblower Program. - The Senate and the House of
Representatives may have their own Whistleblower's Program for resource persons or
whistleblowers appearing before them or their respective committees, The resource person or
whistleblower, with his/her express consent, may be admitted into the program upon the
recommendation of the legislative committee where his/her testimony is needed when in its
judgment there is pressing necessity therefore: Provided, That such recommendation is
approved by the President of the Senate or the Speaker of the House, whichever the case may
be

The Senate or the House of Representative, whichever the case may be, shall have
primary jurisdiction in the administration and implementation of the program independent
from any other agency of government when the investigation or the safety of the resource
person or whistleblower shall be prejudiced,

SEC 31. Implementing Rules and Regulations. - There is hereby created a
Whistleblower Council which shall be composed of the implementing Agencies and headed
by the Office of the Solicitor General. The Council shall be primarily and solely responsible
for the drafting and promulgation of the necessary Implementing Rules and Regulations for
the effective implementation of this Act. The Councils submission to Congress of the
approved IRR and the causing of its publication in at least two (2) newspapers of general
circulation shall render the council functus officio.

SEC 32. Funding. - The amount One Hundred Million Pesos (Php 100,000,000) is
hereby authorized to be appropriated out of any funds in the National Treasury not otherwise

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allocated to carry into effect the purpose of this Act. Other funding schemes or sources that
may be authorized under existing laws shall be allowed in furtherance hereof.

SEC 33. Separability Clause. - In the event that a provision of this Act is declared
unconstitutional, all others that are not affected shall remain in force.

SEC 34, 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

SEC 35. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.

Approved,