Republic of the Philippines

HOUSE OF REPRESENTATIVES Hous OF REPRESENTATIVES

Quezon City t RE! CE VED
SEVENTEENTH CONGRES: DATE: 2 6 uN oate
First Regular Session TIME:_J23
or ag”
House Bill No. - 47 ona
k ISTRATION Us
{_BIELS AND INDEX SERVICE

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

This bill seeks to purge the government of corruption by establishing a framework for
whistleblowers and their families. Transparency International has ranked the Philippines as 95" out
of the 186 countries in the Corruption Perceptions Index for 2015. Corruption is omnipresent and
has resulted in adversely affecting the development of our country. The establishment of a
whistleblower program is a step towards a successful investigation and prosecution against
corruption in the government.

The dearth of a mechanism that provides for rewards, protection and security to
whistleblowers has made them vulnerable to security risks and possible retaliation. This has
encouraged corrupt government officials and employees to continue with their illegal activities
without fear that the same will be revealed or that they will be successfully prosecuted. Hence, an
institutional mechanism that is set up to protect a whistleblower from security risks and reprisal will
encourage a whistleblower to be open and admit to the nefarious activities that is within his/her
knowledge.

This bill has provided for a reward system to benefit the whistleblowers, protection against
liabilities, security, protection of records against inappropriate disclosures, and assurance against
discrimination or retaliatory actions in the workplace.

In view of the foregoing, the passage of this bill is earnestly sought.

\



Swowidauson—

11
12
13
14
18
16

18
19
20
21
22
23
24
25
26

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No 4?

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

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 Philippines in Congress assembled:

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

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 employces, and exact full
retribution from those who shall engage in improper conduct. Toward this end, the State shall:

(A) Maintain honesty 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 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 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.


27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
58
56
$7
58
39
60
61
62
63
64
65
66
67
68
69
70
1
2
B
4
18
16
1
Bw
9
80
81
82
83
84

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 commenced 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, of 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;"

(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.

(H1) "Whistleblower" shall refer to any person who has personal knowledge, or access to any
data, information, fact ot event constituting improper conduct and such person may or may not have
any participation in the conduct ;

(1) “Qualified Whistleblower" shall mean a whistleblower qualified and admitted into the
Whistleblowers 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 (P AO).

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


85

86

87

88

89

90

a1

92

93

94

95

96

97

98

99
100
101
102
103
104
105
106
107
108
109
110
Mi
112
113
114
WS
116
117
18
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142

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 thereof.

SEC. 5. Admission/Qualification for 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.
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 provided under R.A. 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 Rules 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;

B. To avoid commission of crime;

C. To take all necessary precautions to preclude detection by others of the facts concerning the
protection provided him/her under this Act;

D. To cooperate with all reasonable requests of officers and employees of the government who
are providing him/her protection under this Act; and

E. To regularly inform the Implementing Agency’s program official concerned of his/her
current activities and address

SEC. 10. Breach of the Memorandum of Agreement.- breach of the Memorandum of
Agreement, provided 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. His/her identity;
B. The subject matter of his/her disclosure; and
C. The person to whom such disclosure has been made.


143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
71
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200

There shall be no such confidentiality in his/her identity if a whistleblower 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 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 disclosures

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

¢. 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. 13. Violation of Confidentiality. Any person who shall 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 shall be civilly
fable to the whistleblower in such amount pf 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 upon 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.

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 the proper
authorities.

SEC 16. Palse and Misleading Disclosures. Any person who deliberately and voluntarily
giving 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 Action or Reprisals and Prohibited Acts.- A
Whistleblower who has made or is believed or suspected to have made a disclosure under this Act shall
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 ot 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.


201

202
203
204
205
206
207
208
209
210
211

212
213
214
215
216
217
218
219
220
221

222
223
224
225
226
227
228
229
230
231

232
233
234
Pens
236
237
238
239
240
241

242
243
244
245
246
247
248
249
250
251

252
253
234
255
256
237
258

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 stich 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 RA. No, 6891.

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
closure. No action, claim or demand may be taken against a whistleblower for making such
ssclosure, nor any evidence presented be used against him/her in court

This protection shall 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

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.

SEC. 20, Retaliatory Action in the Workplace.- 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 Employment 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:

‘A. Attending, assisting or testifying, before any investigating agency and/or judicial or quasi-
judicial body;

B. Reporting to a law enforcement or judge the commission or possible 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


259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
31S

E. Performing and enjoying the rights and benefits under this Act, 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
whistleblower shall be entitled to an allowance equivalent to his/her daily basic financial requirements
considering his personal circumstances, 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 and resources 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 Whistleblower.- A qualified whistleblower shall be entitled
to a monetary reward on a contingency basis, equivalent to at least ten percentum (10%) of the amount
which may be recovered as a result of his disclosure or the amount of One Million Pesos (Php
1,000,000.00), whichever is lower.

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 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
internal procedures for dealing with whistleblowers consistent with the provisions of this Act and its
implementing rules and regulations. Said internal 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 an Employer to Post Abstract.- The failure to post an Abstract or to
adopt 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 (Php100,000) for the first offense.
Said amount shall be doubled for every succeeding offense/s.

SEC. 26. Failure to Act or Report to the Implementing Agency. Any person under
obligation to report a disclosure under this Act to the Implementing Agency but 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 six (6) months imprisonment, and
or a fine amounting to not more than Three Hundred Thousand Pesos (Php300,000.00) without
prejudice to any other liability that may be imposed upon such person under existing laws.

SEC. 27. Confidentiality of the Proceedings.- All proceedings involving application and/or
enjoyment of the benefits under this Act, including any action taken thercon, 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.


316
317
318
319
320
321
322
323

326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371

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;

Evaluate the qualification of whistleblowers for coverage under this Act, and whenever

appropriate, make the appropriate decision on their entitlement to the benefits and security and

protection extended herein;

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 with a view for
effective deterrence and/or prosecution of improper conduct as well as acts amounting to graft
and corrupt practices;

F. 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 5
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.

a

SEC. 29. Implementing Agency, Option of Whistleblower.- A whistleblower shall have the
right to indicate his preference as to the Implementing Agency he/she intends to be admitted and/or
qualified in as a whistleblower. The Implementing Agency so chosen shall have the primary
jurisdiction and authority to exercise the 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 and/or
whistleblowers appearing before them or their respective committees. The resource person and/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 therefor: 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, as 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 (IRR) for the effective
implementation of this Act. The Council's 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 (Phpl00,000,000.00) 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.- If any provision or part hereof, is held invalid or declared
unconstitutional, the remainder of the law or the provisions not otherwise affected thereby shall remain
valid and subsisting


SEC. 34. Repealing Clause.- Any law, presidential decree or issuance, executive order, 20
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
the Official Gazette or at least two (2) newspapers of general circulation.

Approved,