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SEVENTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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SENATE
S.B.No. 1415
Introduced by Senator Richard J. Gordon
'17 MAY-2 All 24
Rttoviotr:.
AN ACT
PROVIDING FOR THE PROTECTION, SECURITY, AND BENEFITS OF 
WHISTLEBLOWERS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
EXPLANATORY NOTE
Public office is a public trust. It is important to promote a culture of public 
accountability, honesty, and integrity in the public service by taking positive and effective 
measures against graft and corruption, plunder, and other crimes involving public office.
Whistleblowers report such improper conduct in public office. Providing for their 
protection is an essential tool that will increase investigative and prosecutorial 
effectiveness that will maintain honest and high standards of integrity in the public service 
and safeguard the national interest.
This bill proposes to provide for the protection, security, and benefits of 
whistleblowers admitted into the whistleblower protection program by the whistleblower 
benefits and protection council. It establishes the necessary nature, requirements, and 
procedures of such program, as well as protecting against any reprisal arising from a 
disclosure by a whistleblower.
RICHARD I. GORDON


a
SEVENTEENTH CONGF^ESS OF THE 
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REPUBLIC OFTHE PHILIPPINES 
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First Regular Session 
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SENATE 
S.B.No. I d l o
Senate
‘•jsI:v;/Offirr of lilt i ‘*‘ i '•■’tar?
T7 MAY -2 All 24
RECtlVtDBV;
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Introduced by Senator Richard |. Gordon
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 the House of Representatives of the Philippines in Congress 
assembled:
SECTION 1. Short Title. - This Act shall be known as the "Whistleblower Protection 
Act of 2017."
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 full retribution from those who shall engage in improper conduct. 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 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 for the protection, security, and benefits of 
whistleblowers.
Sec. 3. Definitions. - As used in this act, the following terms are hereby defined as 
follows:
(a) "Acts constituting improper conduct" shall refer to any conduct, act, or omission 
of public officers and employees solely, or in cooperation or conspiracy with 
private persons which are covered by, or constitute as violations of laws, such as 
(1) Presidential Decree No. 46; (2) Republic Act No. 3019; (3) Republic Act No. 
6713; (4) Republic Act No. 7080; and (5) Title Vll, Book Two of the Revised 
Penal Code.
(b) "Council” shall refer to the Whistleblower Benefits and Protection Council 
created pursuant to this Act.
(c) Employee shall refer to any person who is made to suffer work by, or who 
renders service for, an employer. The term shall include public officers and


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employees as defined in this Act as well as any person considered an employee 
under the Labor Code.
(d) "Employer” shall refer to any individual, partnership, association, corporation or 
entity, including 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, hires an employee as defined in this Act.
(e) "Government" shall refer to the national government and any of its subdivisions, 
agencies or instrumentalities, including government owned and controlled 
corporations and their subsidiaries, and the local government units.
(Q Informant shall refer to any person who has personal knowledge or access to 
data, events, or information, of any improper conduct as defined in this Act by a 
public officer or an employee, and who shall deliberately disclose of individual, 
collective, or organized improper conduct as provided in this Act. An informant 
must not have any direct participation in the improper conduct, or in case 
where such person participated in the improper conduct, such person is not the 
most guilty and shall therefore qualify as a state witness against the person 
subject of the disclosure.
(g) Program” shall refer to the Whistleblower Protection Program, which the 
council shall formulate and implement pursuant to this Act.
(h) "Public officer” shall refer to any person holding any public office in the 
government of the Republic of the Philippines by virtue of an appointment, 
election, or contract.
(i) "Reprisal” shall refer 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 member of the whistleblower’s family or relative up to 
the fourth civil degree of consanguinity or affinity, as well as reprisal in the 
workplace.
Q) 
Reprisal in the workplace” shall refer to any discriminatory conduct or policy 
against a whistleblower which affects promotion or job assignment including 
undue negative performance appraisal, unusual and unwarranted close 
monitoring by supervisors, unwarranted criticism or avoidance by co­
employees, blacklisting from other job opportunities, or prejudicial transfer by 
reason of a disclosure made under this Act.
(k) "Whistleblower” shall refer to an informant admitted into the program of the 
council according to this Act.
Sec. 4. Coverage. - This Act shall cover all acts constituting improper conduct 
irrespective of the time of commission.


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Sec. 5. Admission to the Program. - Whistleblowers, whether from the public or 
private sector, shall be entitled to protection, security, 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 an act constituting improper conduct; and
(c) the information to be disclosed is admissible in evidence.
Sec. 6. Necessity of Testimony. - The testimony of a whistleblower in court shall 
not be necessary for the entitlement to protection, security, and benefits under this Act. 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 protection, security, and benefit under 
Republic Act No. 6981.
Sec. 7. Perpetuation of Testimony. - Once admitted into the program, a 
whistleblower may perpetuate testimony pursuant to Rule 134 of the Revised Rules of 
Court.
Sec. 8. Memorandum of Agreement. - Before an informant is admitted as a 
whistleblower under this Act, a memorandum of agreement setting forth the following 
responsibilities shall be executed:
(a) to provide information to and testify before all branches or agencies of the 
government in appropriate proceedings on acts constituting improper conduct;
(b) to avoid the commission of any crime;
(c) to take all necessary precautions to preclude detection by others of the facts 
concerning the protection, security, and benefits provided under this Act;
(d) to cooperate with all reasonable requests of officers and employees of the
government who are providing protection under this Act; and
(e) to regularly inform the appropriate official of the program of the 
whistleblower's current activities and address.
Sec. 9. Breach of Memorandum of Agreement. - Substantial breach of the 
memorandum of agreement in the preceding Section shall be sufficient ground for the 
termination of the protection, security, and benefits provided under this Act. The council 
shall send notice to the whistleblower concerned, stating therein the ground for such 
termination. In view thereof, the 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 this Act.
Sec. 10. 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:
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(a) personal 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 personal identity if a whistleblower or an 
informant makes a public disclosure, unless, notwithstanding such public disclosure, the 
whistleblower has taken means and measures obviously intended to preserve anonymity.
Sec. 11. Confidential Information. - No person to whom a disclosure has been 
made or referred shall divulge any information that may identify or tend to identify a 
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 
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 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.
Sec. 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 or contract imposes 
a duty to maintain confidentiality with respect to the information disclosed, shall be 
considered not to have committed a breach thereof.
Sec. 13. Defense of Privileged Communication. - A whistleblower or an informant 
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. 14. Protection Against Disciplinary Action or Reprisal. - 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 the 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, unwarranted reprimand, punitive transfers, malicious referral to a psychiatrist 
or counselor, and unfounded or baseless poor performance reviews. Other prejudicial acts 
include obstruction of an investigation, withdrawal of essential resources, undue reports, 
and the attachment of false personnel files or notes.
To this end, any employer who shall discourage and impose sanctions or reprisals 
based on workplaces interaction, which shall include workplace ostracism, questions and 
attacks on motives, accusations of disloyalty and dysfunction, public humiliation, and the


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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 would cause them to 
violate any provision of this Act shall likewise be protected from reprisal in the workplace.
For purposes of this protection, an applicant for employment shall be deemed an 
employee and entitled to such protection.
An employer of a whistleblower shall be notified of the protection under this Section 
through a certification issued by the council.
An employer may only remove a whistleblower from employment for cause and 
after due process after securing a clearance from the council and the Department of Labor 
and Employment.
Sec. 15. 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. The protection shall also operate as immunity in favor 
of a whistleblower or an informant against any action or proceeding taken against a 
whistleblower or an informant by any person subject of a disclosure by reason of the 
disclosure.
Sec. 16. Protection, Security, and Benefits of a Whistleblower. - A whistleblower 
shall be entitled to an allowance equivalent to such whistleblower’s basic financial 
requirement, if the whistleblower requests for an allowance and the council determines 
and approves the reasonableness of such request.
A whistleblower shall likewise be entitled to housing and personal security, if the 
whistleblower requests for housing and personal security and the council determines and 
approves the reasonableness of such request, regardless of whether the disclosure is made 
in confidence or in public. For this purpose, the council may request any law enforcement 
agency for assistance.
Should, at anytime, the identity of a whistleblower is revealed, or anonymity 
compromised, such whistleblower may, upon the recommendation of the council, be 
entitled to additional protection, security, and benefits under Republic Act No. 6981.
Sec. 17. Financial Rewards for Whistleblower. - A whistleblower shall be entitled 
to a corresponding monetary reward on a contingency basis, equivalent to at least ten 
percent (10%) of the amount which may be recovered as a result of the disclosure or the 
amount of one million pesos (P1,000,000.00), whichever is lower.


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Sec. 18. Credibility of a Whistleblower. - In all cases, the fact of the entitlement of a
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whistleblower to protection, security, and benefits under this Act shall not be admissible in
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evidence to diminish or affect his credibility.
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Sec. 19. Confidentiality of the Proceedings. - All proceedings before the council
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involving the application or enjoyment of the protection, security, and benefits under this
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Act, including any action taken thereon, shall be confidential in nature. No information or
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document given or submitted in support thereof shall be released except upon written
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order of the council, and provided such disclosure shall not endanger the life of a
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whistleblower.
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Sec. 20. Abstract. - All government agencies, offices, bureaus, including
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government owned or controlled corporations and their subsidiaries, and the local
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government units shall conspicuously display an abstract of this Act and put in place
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internal procedures for dealing with whistleblowers consistent with this Act to be widely
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disseminated to all employees.
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All other employers, specifically those in the private sector, shall also conspicuously
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display notices^of their obligations and their employees' protection under this Act.
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Sec. 21. Whistleblower Benefits and Protection Council. - A Whistleblower
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Benefits and Protection Council is hereby created composed of the Overall Deputy
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Ombudsman as Chairperson, and the following as members;
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(a) Prosecution General, Department of Justice;
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(b) Special Prosecutor, Ombudsman;
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(c) Witness Protection Program Director, Department of justice;
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(d) Executive Director, Anti-Money Laundering Council;
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(e) Director, Legal Service, Philippine National Police, in case the a member is
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involved;
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(Q Judge Advocate General of the Armed Forces of the Philippines, in case a
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member is involved;
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(g) a representative from civil society involved in good governance to be appointed
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by the Chairperson of the council upon the recommendation of the members
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thereof; and
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(h) a representative from the business sector to be appointed by the Chairperson of
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the council upon the recommendation of the members thereof.
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The existing personnel of the Office of the Ombudsman shall serve as secretariat to
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the council.
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Sec. 22. Powers and Functions of the Council. - In addition to its powers and
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functions under existing laws, the council shall have the following powers and functions:


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(a) monitor, coordinato, and evaluato 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, in coordination and cooperation with the private and public sectors, 
as 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 improper conduct 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 this Act;
(0 call upon, or deputize and 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. 23. 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 shall be 
imposed upon a whistleblower who deliberately and voluntarily gives false or misleading 
information under this Act. The offender shall also be required to return all the amounts 
received as financial rewards. The penalty of dismissal from the service, if applicable, 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.
Sec. 24. 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. The 
offender shall also be required to return all the amounts received as financial rewards.
Sec. 25. 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 (P100,000.00), 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, or hinders, delays, prevents or dissuades a whistleblower 
from:


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(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 an offense;
(d) causing a criminal prosecution, or any proceeding for the revocation of a parole 
or probation; and
(e) performing and enjoying the protection, security, and benefits under this Act or 
attempt to do so.
In addition, the penalty of dismissal from the service, if applicable, and the accessory 
penalty of perpetual absolute disqualification from holding public office shall be imposed.
Sec. 26. 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 
this Act. The penalty of dismissal from the service, if applicable, and the accessory penalty 
of temporary absolute disqualification from holding public office shall also be imposed. In 
addition, the offender shall be civilly liable to indemnify a whistleblower or an informant in 
such amount of damages as may be awarded and deemed reasonable by a competent court.
This shall be independent of any action that an aggrieved whistleblower or 
informant may take before the Civil Service Commission, the Department of Labor and 
Employment, or other agency that may or may not have arisen from a disclosure, or a 
believed or suspected disclosure.
Sec. 27. 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 
an employee who is a whistleblower or believed or suspected to be one. The penalty of 
dismissal from the service, if applicable, and the accessory penalty of temporary absolute 
disqualification from holding public office shall also be imposed. In addition, the offender 
shall be civilly liable to indemnify a 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 a whistleblower’s disclosure.
This shall be independent of any action that an aggrieved whistleblower or 
informant may take before the Civil Service Commission, the Department of Labor and
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Employment, or other agency that may or may not have arisen from a disclosure, or a 
believed or suspected disclosure.
Sec. 28. Penalty for Discriminatory Hiring. - The penalty of imprisonment of not 
more than six (6) months shall be imposed upon any person or employer 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 an informant. If the offender is 
a corporation, partnership, association, or any juridical person, the penalty shall be 
imposed upon the owner, president, partner, manager, or any responsible officer who 
participated in the commission of the offense. The penalty of dismissal from the service, if 
applicable, and the accessory penalty of suspension of the right to hold public office shall 
also be imposed. In addition, the offender shall be civilly liable to indemnify a 
whistleblower in such amount of damages as may be awarded and deemed reasonable by a 
competent court.
This shall be independent of any action that an aggrieved whistleblower or 
informant may take before the Civil Service Commission, the Department of Labor and 
Employment, or other agency that may or may not have arisen from a disclosure, or a 
believed or suspected disclosure.
Sec. 29. Failure of an Employer to Post Abstract. - The failure to post an abstract 
required under this Act shall constitute an offense and shall be punishable with a fine of 
one hundred thousand pesos (P100,000.00) for the first offense. The amount shall be 
doubled for every succeeding offense.
Sec. 30. Failure to Act or Report to 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 
punishable with a penalty of not more than one (1) month imprisonment or a fine of not 
more than fifty thousand pesos (P50,000.00), or both at the discretion of the court. This is 
without prejudice to any other liability that may be imposed under existing laws.
Sec. 31. Appropriation. - The initial amount of one hundred million pesos 
(P100,000,000.00) is hereby appropriated to carry out the provisions of this Act.
Thereafter, such sums as may be necessary shall be included in the General Appropriations 
Act.
Sec. 32. Implementing Rules and Regulations. - The council shall promulgate 
rules and regulations to implement the provisions of this Act within ninety (90) days from 
its effectivity.
Sec. 33. Repealing Clause. - All laws, decrees, orders, rules and regulations, or 
other issuances or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly.


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Sec. 34. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision not affected thereby shall 
remain in force and effect.
Sec. 35. Effectivity. - This Act shall take effect after fifteen (15) days following the 
completion of its publication either in the Official Gazette or in a newspaper of general 
circulation in the Philippines.
Approved,
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