SIXTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

INTRODUCED BY HONORABLE MARK A. VILLAR

Explanatory Note

Persons whom we call as ‘whistleblowers’ are the vinculum of maintaining this
accountability, they expose what is wrong and testify to their commission. More than these, they

This bill is intended to ensure that the best protection that the State can afford to our
vanguards of accountability is given. And, through mechanisms, the chilling and discouraging
effect of the fear of retaliation is removed.

For the foregoing reasons, the passage ofthis bill is eamestly sought.

<a

ee nee ey aa

MARK A. VILLAR


SIXTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVSS

ue.no.__ 135

INTRODUCED BY HONORABLE MARK A. VILLAR

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

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

SECTION 1. Short Title. - This Act shall be known as the “Whistleblower
Protection Act of 2013."

SEC. 2. Declaration of Policy. ~ It is a recognized principle that Public office
is a public trust 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 alike which constitute graft or corrupt practices;

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

SEC. 3. Definitions. -As used in this Act:

(A) "Employer" shall mean any individual, partnership, association,
corporation or entity, including the government, or any person or group of persons


ee

er sHre

"
42)
13
14
15
16
7
18
19

2
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40

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.

(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 Government of the Republic of the Philippines
by virtue of an appointment, election or contract.

(D) "Government" shall include the National Government, and any of its
subdivisions, agencies or instrumentalities, including government-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 criminal,
civil or administrative proceedings cornmenced or pursued against said
whistleblower or any of the members of his/her family or relatives up to the fourth
civil degree of consanguinity or: affinity as well as any retaliatory action in the
workplace.

(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
Empioyees;

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

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

(G) "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 Attomey's Office (PAO).

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

SEC. 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

SEC. 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 iinproper conduct; and

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


SEC.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 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, 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.

SEC. 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 credibility.

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

SEC. 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;

(8) To avoid commission of crime;

(C)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

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

SEC. 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 whistle blower concerned, stating therein the reason for
such termination,


SEC. 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:

(A)Hisiher identity;

(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.

SEC.12. Confidential information - No person to whorn 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 shell apply to any person who has
become privy to any confidential information, whether officially or otherwise.

SEC. 13. Violation of Confidentiality.- Any person who shall violate the
protection of confidentiality of a protected disclosure under Sections 11 and ]2 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 shall be civilly liable \O the whistle
blower 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 Duly of Confidentiality. - A whistleblower who has
made a disclosure under this Act on whom a provision of law, regulation, issuance,
practice or other convention, imposes upon him/her the duty to maintain


Noaroens

10
"
12
13
14
15
16
17
18
19
20
21
22
23
24
25

27
28
29

31
32
33
34
35
36
37
38
39
40
a
42
43

confidentiality with respect to any information disclosed is considered not to have
committed a breach thereof.

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
conduets 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 empioyers 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 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

6


aRona

oxo

1
12
13
14
15
16
17
18
19
20
2
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
a
42
43

‘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 any evidence
presented shall be used against him/her in court.

This protection shali also operate as an 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.

SEC19. 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.

SEC. 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, shalll 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 indemnity 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 frorn 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:

(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;

(0) Causing a criminal prosecution, or 2 proceeding for the revocation of a
parole or probation; or

(E) Performing and enjoying the rights and benefits under this J\ct or attempts
to do so 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.

SEC. 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, provided he/ she requests for
said allowance and the Implementing Agency determines and approves the
reasonableness of such request. A qualified whistle blower shall likewise be entitled
to housing and personal security 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.

SEC. 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 the
amount of One Million Pesos (Php 1,000,000.00), whichever is lower, as a result of
his/ her disclosure.

SEC. 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.


All goverment 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.

SEC. 25. Failure of Employer to Post Abstract - The failure to post an
Abstract or intemal 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 1
hundred Thousand Pesos (Php 100,000.00) for the first offense. Said amount shall
be doubled for every succeeding offense/s.

SEC. 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.

SEC. 27.Confidentiality of the Proceedings - Ali 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 whistle blower.

SEC. 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

(a) 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;

(c) 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;


39

a
42
43

(d) 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;

(e) 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.

SEC. 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

10


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 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,