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FIFTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
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First Regular Session nN
10 Mh ie
» SENA’
8.No. T719

RECRE
Introduced by Senator Miriam Defensor Santiago

EXPLANATORY NOTE

The Constitution Article II, 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.

‘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 information relating to
‘a substantial violation of law related to a public contract, including the competition for or

negotiation of a contract from reprisals of their employers.”

obit Sirs diitis

* This bill was originally filed during the Thirteenth Congress, First Regular Session.


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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 CONTRACT

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

SECTION 1. Short Title. ~ This Act may be cited as “Protection from Reprisals Act.”

SECTION 2. Declaration of Policy. — 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 including the competition for negotiation ofa

contract.

SECTION 3. Definition of Terms. - As used in this Act, the term
(A) “Contract” means a contract awarded by the head of an executive agency; and

(B) “Contractor” means a person awarded a contract with an executive agency

SECTION 4. Prohibition of Reprisals. - An employee of a contractor may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a member
of Congress or an authorized official of an executive agency or the Department of Justice
information relating to a substantial violation of a law related to a contract, including the

competition for or negotiation of a contract.



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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 such
investigation, submit a report of the findings of the investigation to the person, the contractor

concemed, and the head of the agency.

SECTION 6. Remedy and Enfotcement Authority. ~ 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:

(A) Order the contractor to take affirmative action about the reprisal;

(B) 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

(C) Order the contractor to pay the complainant an amount equal to the aggregate
amount of all costs and expenses, including attomey’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.

Whenever a person fails to comply with an order issued pursuant to this Section, 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.

SECTION 7. Construction. ~ Nothing in this section may be construed to authorize the
discharge of, demotion of, or discrimination against an employee for a disclosure other than @
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.

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.

Section 10. Affectivity Clause. ~ This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspaper of general circulation.

Approved,