Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City, Metro Manila

SIXTEENTH CONGRE
First Regular Se
159

HOUSE BILL NO. —%

Introduced by ANG NARS Party-List
Representative Leah Primitiva G. Samaco - Paquiz

EXPLANATORY NOTE

Corruption remains to be the major hindrance in the development and progress of our nation,
More importantly, the integrity and trustworthiness of our government will continue to be questioned
until this perennial problem is finally resolved.

The difficulty in combating corruption lies in its very nature of being committed behind closed
doors and well beyond the purview of the public eye. This is where the importance of obtaining
credible witnesses with reliable information regarding the corrupt practices of government officials or
employees comes into place.

This proposed legislation secks to encourage whistleblowers to come into the open and put an
end to these corrupt government officials and employees. At the same time, it aims to strengthen the
present machinery in ensuring the full protection and security of these brave witnesses against any
form or retaliation or ostracism. A rewards and benefits system will also be established in order to
ensure the livelihood and welfare of these whistleblowers. In order, however, to protect the public, a
rigid procedure will also be enforced in order to prevent any abuses of this bill as well as to prevent
false testimonies that will only wreck more havoc into our society

In view of the above premises, the immediate approval of this bill is urgently sought

Honorable Léah Primitiva G. Samaco-Paq}
ANG NARS Representative



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

SIXTEENTH CONGRESS
First Regular Session

159

HOUSE BILL NO.—“

Introduced by ANG NARS Party-List
Representative Leah Primitiva G. Samaco - Paquiz

“An Act Providing for Protection, Security and Benefits of Whistleblowers and Other Purposes’

Be it enacted by the House of the Representative of the Philippines in Congress assembled:

Section 1. Short Title — This Act shall be known as the, “Whistleblower Act of 2013”

Section 2. Declaration of Policy ~ Pubic 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 grant and corrupt practices, towards 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 benefits and protection to whistleblowers.

Noting in this Act shall diminish or restrict the entitlement, receipt or enjoyment by a
whistleblower or an informant of more or higher benefits provided in existing laws.

Section $. Definition of Terms ~ As used in this Act, the following terms shall mean:

(a) “Acts constituting Graft and Corruption” ~ shall mean 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

1. RA 3019
2. RA6713
3. RA 7080
P.D No. 46
les IT and VII of Book 2 of the Revised Penal Code

(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) “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, employs an employee as defined in this Act.

(d) “Government” includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government and owned controlled corporations and their
subsidiaries, and the Local Government.



(e) “Whistleblower” shall refer to an informant or any person who has privileged or personal
knowledge or access to data, events or information and who shall deliberately disclose any
individual, collective or organized conduct of any public officer/s and employees
constituting grant and corruption as defined under this Act.

() “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.

(g) “Retaliatory action” shall refer to any negative or obstructive responses, reactions, or
reprisals to the disclosure made under this Act aimed at, pertaining to, or against a
whistleblower or an informant or any of the members of his/her family and relatives up to
the fourth civil degree of consanguinity or affinity. Said action shall include criminal, civil
or administrative proceedings commenced or pursued against said whistleblower or any of
the members of his family or relatives up to the second degree of consanguinity or affinity
as well as retaliatory action in the workplace.

(h) “Retaliatory action in the workplace” shall refer to any discriminatory conduct or poli
which affect the 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 transfer by reason of the
disclosure made under this Act.

(i) “Qualified Whistleblower” shall mean an informant or any person qualified and admitted
into the Whistleblowers’ Protection Program of the Office of the Ombudsman in
accordance with this Act and the Rules and Regulations.

Section 4, Coverage — Conduct constituting graft and corrupt practices, whether commenced or
consummated before the effectivity of this Act, shall mean any conduct, act or omission of public
officers and employees solely, or in cooperation or conspiracy with private person/s, which are covered
by or amounting to the violation of the following :

(a) Presidential Decree No. 46 otherwise known a
and employees to r
Christmas”;

faking it Punishable for Publie Official
ive, and for private persons to give gifts on any occasions including

(b) Republic Act No, $019 otherwise known as “Anti Graft and Corrupt Practices Act’;

(c) Republic Act No. 6713 otherwise known as “An Act E
Ethical Standards for Public Officials and Employee:

stablishing a Code of Conduct and

(d) Republic Act No. 7080 otherwise known as the “Anti-Plunder Law”; and

(ec) Title II and VII of Book 2 of the Revised Penal Code on “Crimes Against the Fundamental
Laws of the State and Crimes Committed by Public Officers”

Section 5, Admission to the Program - Whistleblowers or informants 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 conduct constituting graft and corruption under this Act;

(c) The disclosure is not yet subject of a complaint filed with the Office of the Ombudsman or
investigated by any other investigating agency, unless in the opinion of the Ombudsman,
stich as disclosure is necessary for an effective and successful investigation or prosecution,
or essential for the acquisition of material evidence not in its possession;

(d) The information given by the whistleblower can be corroborated; and

(ce) The information disclosed leads to successful gathering of evidence and/or conduct of
investigation sufficient to sustain a finding of probable cause for the filing of a criminal
complaint or information before a court of competent jurisdiction



Section 6. Necessary of Testimony - The testimony of the whistleblower in court shall not be
necessary for the entitlement or enjoyment of the benefits of this Act. In the event of that the
Whistleblower’s testimony is required as found by the office of the Ombudsman to be necessary and
indispensable for the successful of the prosecution of a case, he/she shall be entitled to the additional
benefits and protection under Republic Act No. 6981 otherwise known as the Witness Protection
Program.

Section 7. Memorandum of Agreement with the Person to be Protected - Before the person is
provided protection as a whistleblower or informant of the State, such person shall first execute a
Memorandum of Agreement which shall include the following responsibilities of the parties:

(a) Yo provide information to and testify before all appropriate law enforcement officials
concerning any appropriate proceeding in connection with or arising from the activities
involved in the offence subject matter thereof;

(b) To avoid a commission of a crime;

(c) To take all necessary precautions to avoid detection by others of the facts concerning the
protection provided him under this Act;

(d) To cooperate with respect to all reasonable requests of officers and employees of the
government who are providing his/her protection under this Act; and

(e) To regularly inform the appropriate program official of his/her current activities and
address.

Section $, Breach of Memorandum of Agreement - Substantial breach of the memorandum of
Agreement shall be ground for the termination of the protection provided this Act; Provided, however,
that before terminating the same, the Ombudsman shall send notice to a whistleblower concern,
stating therein the reason for such termination. Reasonable time shall be afforded the informant to take

appropriate and nec s for his/her protection and security in view thereof.

Section 9, Protection Against Other Actions - A whistleblower or any person who has made
disclosure under this Act shall not be a subject to any liability, whether administrative, civil, criminal,
or other proceedings for making such a disclosure or acts in relation thereto. No action, claim, or
demand may be taken against a whistleblower for making such disclosure nor shall any evidence
presented be used against him in court and other administrative or quasi-judicial agency/body. This
protection shall also operate as immunity in favor of a whistleblower or informant against any action
or proceeding taken against him/her by any person subject to disclosure, by reason thereof and acts in
relation to the subject of disclosure.

mina

Section 10. Defense of Privileged Communication - A whistleblower or any person who has made &
disclosure under this Act shall have, as defense in any other inquiry or proceeding, the absolute
privilege with respect to the subject matter of his/her disclosure or information given to the proper
authorities

Section 11, Confidentiality - Except insofar as allowed by ring and after the disclosure and
throughout and after any proceeding taken thereafter, the whistleblower or an informant to absolute
confidentiality as to:

(a) His/her identit
(b) The subject matter of his/her disclosure; and
(c) The person to whom such disclosure was made.

‘There shall be no such confidentiality in his/her identity if a whistleblower or an informant makes a
public disclosure of a conduct constituting graft and corruption as defined in this Act unless,
notwithstanding such public disclosure, he/she has taken means and measures obviously intended to
preserve his/her anonymity

Section 12. No Breach of Duty of Confidentiality - An informant who has made a disclosure under
this Act on whom provision of law, regulation, issuance, practice or other convention, imposes upon
him/her a duty to maintain confidentiality with respect to any information disclosed, is considered not
to have committed a breach thereof.



Section 13. Confidential Information - No person to whom a disclosure has been made or referred
shall disclose any information that may identify or tend to identify a whistleblower or informant or
reveal the subject matter of such disclosure, except only as to the following circumstances:

(a) The whistleblower consents in writing prior to the disclosure of an information;

(b) The disclosure is indispensable and essential as determined by the Office of the
Ombudsman, 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 by other means.

Section 14, Protection against Disciplinary Action or Reprisal - A whistleblower or a person 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 inchide retaliator
action in the workplace or prejudicial conduct towards the whistleblower, such as: dis
action behind policies and procedures, reprimand or punitive transfer, unwarranted refe
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 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 denial of work or promotion, or who

r in informant 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 reprisals and re action in the workplace. For purpose of this protection, an
applicant for employment shall be deemed employee and entitled to such protection: Provided,
however, that an employer of a whistleblower shall be notified through a certification issued by the
Office of the Ombudsman, within period of thirty (30) days, from the date when the informant last
reported for work. Provided further that an employer shall have the option to remove such
whistleblower from employment after securing a clearance from the Office of the Ombudsman and the
Department of Labor and Employment in case of a prolonged absences due to transfer or permanent
relocation under this Act or R.A 6891

Section 15. Security and Protection of a Whistleblower - When determined to be necessary and
appropriate by the Office of the Ombudsman, a whistleblower, even if the disclosure is made in
confidence, shall be entitled to personal security. Should, at anytime, the identity of the informant be
revealed, or his anonymity compromised, the whistleblower shall, in addition to the other benefits
under this Act, and when warranted, be entitled to the benefits of R. A. No. 6981.

Section 16. Confidentiality of the Proceedings - All proceedings involving app
enjoyment of the benefits under this Act, under the Office of the Ombudsman, including any 2
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 Office of the Ombudsman, and
provided such disclosure shall not endanger the life of a qualified whistleblower.

Section 17. Financial Rewards for Informants - The whistleblower shall be entitled to a
corresponding monetary reward in accordance with the provisions of this Act and the implementing
Rules and Regulations. The informant shall receive an amount in accordance with the following
schedutle;

[ Salary Grade of the Most Financial Reward of
Senior Respondent __| Qualified Whistleblower
33 ~ 5,000,000
32 4,000,000
31 | 3,000,000

30 2,500,000



29 i 2,000,000
28 1,500,000
27 1,000,000
26 900,000
24-25 800,000
22-23 700,000
20-21 600,000
18-19 500,000
16-17 400,000
i 1415 ~___ 300,000
12-13 200,000
10-11 100,000 =
5-9
i) =

Upon being qualified as a whistleblower and admitted to the program by the Office of the Ombudsman,
fifty percent (50%) of the reward shall be given to the qualified whistleblower

ining fifty percent (50%) shall be given prior to the filing of case in a proper court

For cases susceptible to pecuniary estimation, such as plunder, forfeiture of ill gotten wealth,
bribery, malversation and damage or injury to government, the whistleblower shall be entitled to an
additional reward of ten percent of the amount recovered by final judgment

During the pendency of the case, however, a whistleblower shall be advanced the amount
equivalent to not less than twenty five percent (25%) of the additional reward of the total award due
consistent with the nature of the case and the amount involved and deemed recoverable, This shall be
given in accordance with the Rules and Regulations implementing this Act

Section 18. 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 Rules and
Regulations

All government agencies, offices, bureaus and local government units, including government
owned and controlled corporations, whether or not with original charters, are likewise required to put
in place internal procedures for dealing with whistleblowers, consistent with the provisions of this Act
and the Rules and Regulations. Said internal procedure shall be widely disseminated to all the
employees

Section 19. Credibility of an informant - In all cases, the fact of the entitlement of the qualified
whistleblower or informant to the protection and benefits provided in this Act shall not be admissible
in evidence to diminish or affect his credibi

Section 20. Penalty for Retaliatory Acts Against a Whistleblower. - Any person who commits any
of the retaliatory acts as defined in this Act against a qualified whistleblower or informant and/or
hinders, delays, prevents or dissuades said whistleblower from:

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

(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) Secking 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;

(e) Performing and enjoying the rights and benefits under this Act or attempt to do so



(e) Evaluate the quaiilicauion OF wnisuepiowers Or mormants tor coverage witn Us ACL, ana

make the appropriate decision on their entitlement to the benefits 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;

Shall be fined not more than One Hundred Thousand Pesos (Php 100,000.00) or suffer imprisonment
of 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

Section 21. Violation of Confidentiality - Any person who violates the protection of confidentiality of
a protected disclosure under Sections 10, 11, 12 and 15 of this Act, shall suffer the penalty of not more
than six (6) years but not less than six (6) months with an accessory penalty of temporary absolute
disqualification for public office in case of a public officer or employee, and shall be civilly liable to
indemnify the informant in such amount of damages as may be awarded and deemed reasonable by a
competent court.

Section 22. Retaliatory Action in the Workplace - Any persons who violates the protection of
confidentiality of a protected disclosure under Section 10, 11, 12 and 15 of this Act, shall suffer the
penalty of not more than six (6) months with an accessory penalty of temporary absolute
disqualification for public office in case of a public officer or employee, and shall be civilly liable to
indemnify a whistleblower of damages as may be awarded by a competent 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 discriminato1
treatment by reason of whistleblower's 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 or
discriminatory practices, back wages, or other labor disputes, or before other quasi-judicial agencies
that may or may not have arisen from a disclosure or believed or suspected disclosure.

Section 28. Discriminatory Hiring - Any person, firm, corporation, office or employer who shall deny
a qualified applicant for employment, or who shall reject his application for employment due to
knowledge, belief or suspicion that the applicant is a whistleblower or informant for the State, 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 the informant of damages as may be awarded by a competent
court.

Section 24. Failure of an Employer to Post Abstract ~The failure to post an Abstract required under
Section 17 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. The amount shall be doubled for
every succeeding offense, and shall suffer an imprisonment of not more than six (6) months at the
discretion of the court with the accessory penalty of suspension of the right to hold public office in case
of a public officer or employee. For this purpose, the president, manager, or head of office, bureau or
agency shall be held responsible

Section 25. Failure to Act or Report to the Office of the Ombudsman - Any person under
obligation to report a disclosure under this Act to the Office of the Ombudsman, 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).

Section 26. False and Misleading Disclosures - Any person who deliberately and voluntarily gives
false or misleading information in connection with conduct constituting graft and corruption under
this Act shall, in addition to penalties under other laws, be guilty of an offense and shall suffer the
penalty of imprisonment of not more than twelve (12) years and shall also suffer the penalty of
perpetual absolute disqualification from holding public office in case of public officer or employee, in
addition to other criminal and civil liability he may incur under existing laws.

Sec. 27. Powers and Functions of the Ombudsman - In addition to its powers and functions under
existing laws, the Office of the Ombudsman shall have the following powers and functions: