FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
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INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
This bill seeks to support the efforts of the Government to rid itself of corruption by 
setting up a system of rewards and protection for informants and their families. 
The lack of a legal framework for giving rewards and protection to informers has 
resulted in minimal protection to the informant and his family from possible retaliation, trial 
by publicity or an outright miscarriage of justice. Moreover, the strong societal pressure from 
the possible stigma that may attach to an informant caused by divulging information 
detrimental to a neighbor or colleague more often than not outweighs any motivation to 
speak up. 
That being the case, corrupt government officials and employees are emboldened to 
continue their nefarious activities as they feel little fear of exposure. At the same time, the 
potential informants are discouraged and de-motivated because they anticipate nothing else 
but further hardship if ever they evaluate the effects of any act of disclosure. 
Thus, a mechanism to secure the person of the informant and counter the stigma of 
ostracism must be set up so that any potential informer on graft and corrupt activities will 
not hesitate to come out in the open. 
This bill will set up such a mechanism specifically by (1) establishing a monetary- 
based rewards system for the benefit of informers, (2) protecting informants against reprisals 
and against civil or criminal liability when they make public interest disclosures, (3) ensuring 
that public disclosures are made to the proper public entity and not the media, (4) ensuring 
that the inappropriate publication of unsubstantiated disclosures does not damage the 
reputation of those accused, and (5) ensuring that proper records on disclosures are kept. 
In view of the foregoing, approval of this bill is earnestly sought. 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT PROVIDING PROTECTION AND BENEFITS TO PERSONS WHO 
DISCLOSE CONDUCT CQNSTITUTING GRAFT AND CORRUPTION AND TO 
WITNESSES FOR THE PROSECUTION THEREOF, PROVIDING PENALTIES 
FOR VIOLATIONS HEREOF, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assem bled: 
ARTICLE I 
GENERAL PROVISIONS 
SECTION 1. Short lWe. - This Act shall be known as the "Informers and Anti- 
Corruption Witnesses Protection Act of2004. "It shall hereinafter be referred to as the Act. 
SEC. 2. Declaration ofPolicy. - Public ofice is a public trust. It is the policy of the State 
to promote and ensure full public accountability in the conduct of its officers and employees, 
and exact full retribution from those who shall engage in 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 officers and employees; and 
(c) encourage and facilitate the disclosure of corrupt conduct and incidences of 
corruption in the public service by providing benefits and protection to said 
persons who disclose corrupt conduct and incidences of corruption in the public 
service and to those who testify for the prosecution thereof. 
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Nothing in this Act shall diminish or restrict the entitlement, receipt or enjoyment 
by an informer or qualified witnesses of more or higher benefits provided in existing 
laws. 
SEC. 3. Definition of Terms. -As used in this Act, the following terms shall have the 
following meanings: 
(a) ‘Protected disclosure” shall mean the deliberate and voluntary disclosure of 
individual, collective or organizational conduct constituting graft and corruption 
as defined under Section 4 of this Act, by a person who has or had privileged or 
personal knowledge or access to data, events or information, in accordance with 
the provisions of this Act. 
(b) ‘Tnformer” shall mean any person who shall make a protected disclosure, in 
confidence or publicly, before any qualified person, office or agency as defined 
under Section 15 of this Act, any conduct constituting graft and corruption. The 
term, however, shall not include a public officer or employee who makes a 
disclosure in connection with a matter subject of his official investigation. 
(c) ‘Ipublic officers and employees ” shall mean elective or appointive officials and 
employees, whether permanent or temporary, of the national or local 
government, whether in the career or non-career service, including police, 
military and other law enforcement personnel. This includes officers and 
employees of government-owned or controlled corporations, whether or not with 
original charters. The term shall also include any person who has been appointed, 
designated or named by the government as its agent, representative, nominee, or 
any person having similar designation, in any private corporation. 
(d) ‘Employee”shal1 mean any person who is made to suffer work by, or who renders 
service for, an employer. The term shall include public officers and employees as 


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defined in this Act, as well as any person considered an “employee” under the 
Labor Code. 
(e) ‘Employer” shall mean any individual, partnership, association, corporation, or 
entity, including the government, or any person or group of persons who shall act 
directly or indirectly, for or on behalf of said individual, partnership, association, 
corporation or entity, who employs an employee as defined in this Act. 
(f) ‘Xetaliatoq Action”shal1 mean reprisals and negative or obstructive responses or 
reactions to the disclosure made under this Act aimed at, or pertaining to, the 
informer or any of the members of his family and relatives up to the fourth 
degree of consanguinity or affinity. It includes, but is not limited to, civil, 
administrative or criminal proceedings commenced or pursued against the 
informer or any of the members of his family and relatives up to the second 
degree of consanguinity or affinity by reason of the disclosure made under this 
Act, as well as retaliatory action in the workplace. 
(g) 3etaliatoq action in the workplace” shall mean discriminatory conduct or 
policies which affect promotion or job assignment, including undue negative 
performance appraisals, close monitoring by supervisors, undue criticism or 
avoidance by co-workers, blacklisting from other job opportunities or prejudicial 
transfers by reason of the disclosure made under this Act. 
(h) “Qualified Witness” shall mean a person qualified and admitted into the Legal 
Protection Service of the Office of the Ombudsman in accordance with this Act. 
ARTICLE I1 
COVERAGE OF PROTECTED DISCLOSURE 
SEC. 4. Coverage. - Conduct constituting graft and corruption, whether or not 
consummated or commenced before the effectivity of this Act, which is subject to the 
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protected discIosure under this Act shall mean conduct, acts or omissions of public officers or 
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employees solely, or in conspiracy or cooperation with private persons, which are covered 
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by, or amount to violations of: 
(a) Republic Act No. 3019; 
(b) Republic Act No. 1379; 
(c) Republic Act No. 6713; 
(d) Republic Act No. 7080; 
(e) Presidential Decree No. 46; and 
(f) Titles I1 and VI1 of Book Two of the Revised Penal Code. 
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The protected disclosure under this Act shall also include disclosures as to prejudicial 
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conduct, acts or omissions, within the jurisdiction of the Office of the Ombudsman under 
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Republic Act No. 6770. 
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ARTICLE I11 
RIGHTS AND BENEFITS OF INFORMERS 
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SEC. 5. Protection Against Other Actions, - Any person who has made a protected 
disclosure under this Act shall not be subject to any liability, whether administrative, civil, 
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criminal or other proceedings, for making a protected disclosure and no action, claim or 
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demand may be taken or made of, or against, the informer for making the disclosure. This 
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protection shall also operate as immunity in favor of the informer against any action or 
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thereof. 
proceeding taken against him by any person subject of thc protected disclosure and by reason 
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SEC. 6. Defense ofPriviIeged Communiration. - Any person who has made a protected 
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 
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a qualified person, office or agency as defined under Section 15 of this Act. 
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SEC. 7. No Breach of Duty of Confidentialiq. - A person who has made a protected 
disclosure under this Act on whom a provision of law, regulation, issuance, practice, or other 
convention, imposes a duty to maintain confidentiality with respect to any information 
disclosed, is considered not to have committed a breach thereof. 
SEC. 8. Cofidentidiq. - Except insofar as allowed by this Act, at all times during and 
after the protected disclosure, and throughout and after any proceeding taken thereafter, the 
informer is entitled to absolute confidentiality as to: 
(a) his identity; 
(b) the subject matter of his disclosure; and 
(c) the person to whom such disclosure was made. 
There shall be no such confidentiality in his identity if the informer makes a public 
disclosure of the conduct constituting graft and corruption; unless, notwithstanding such 
public disclosure, he has taken means and measures obviously intended to preserve his 
anonymity. 
SEC. 9. Confidential Idonnation. - No person to whom a protected disclosure has 
been made or referred shall disclose any information that may identify or tend to identify the 
informer or reveal the subject matter of such disclosure, except only as to the following 
circumstances: 
(a) the informer consents in writing prior to the disclosure of the information; 
(b) the disclosure is indispensable and essential, 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. 
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SEC. 10. Protection Apnst Disup~~atyAction 
or Repn'ds. - A person who has made 
or is believed or suspected to have made a protected disclosure under this Act is not liable to 
disciplinary action for making such protected disclosure. Prohibited acts under this Section 
include retaliatory action in the workplace or prejudicial conduct towards informers for 
making said disclosures, such as: discriminatory actions veiled behind policy and procedure, 
mostly to avoid claims of victimization; reprimand; punitive transfer; referral to a 
psychiatrist or counselor; and undue poor performance reviews. Other prejudicial conducts 
include obstruction of the investigation, withdrawal of essential resources, adverse reports 
and the attachment of unfair personnel file notes. 
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To this end, any employer shall discourage and impose sanctions on reprisals based on 
workplace interaction, which shall include workplace ostracism, questions and attacks on 
motives, accusations of disloyalty and dysfunction, public humiliation, and the denial of 
work necessary for promotion. Any employer who does, causes or encourages retaliatory 
action or reprisal against a informer or anyone believed or suspected to have made a 
protected disclosure shall be liable for an offense defined under this Act. Any employee who 
refuses to follow orders of an employer that would 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 against retaliatory action in the workplace, prejudicial 
conduct, or discriminatory treatment against a informer or a person believed or suspected to 
be one, an employment applicant shall be deemed an employee and entitled to such 
protection. 
In no case shall a informer be removed from, or demoted in, woik because or on 
account of his absences necessitated by his discharge of his duties under this Act; Provided, 
however, that his employer shall be notified through a certification issued by the Office of 
the Ombudsman, within a period of thirty (30) days from the date when the informer last 
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reported for work: Provided firrhez that in the case of prolonged absence due to transfer or 
permanent relocation under this Act, the employer shall have the option to remove the 
informer from employment after securing clearance from the Ofice of the Ombudsman, 
which shall bind the Department of Labor and Employment. 
SEC. 11. Security and Protection of the Idormer. - When determined to be necessary 
and appropriate by the Office of the Ombudsman, a informer, even if the disclosure is made 
in confidence, shall be entitled to personal security. Should, at anytime, the identity of the 
informer be revealed, or his anonymity compromised, the informer shall, in addition to the 
other benefits of a informer under this Act, and when warranted, be entitled to the 
applicable additional benefits of the Legal Protecrion Service established under this Act. 
SEC. 12. Financial Reward for Idormem -The informer shall be entitled to a 
corresponding monetary reward in accordance with the provisions of this Act and its 
implementing rules and regulations. 
For cases susceptible to pecuniary estimation, such as Plunder, forfeiture of ill-gotten 
wealth, bribery, malversation and damage or injury to government, the informer shall be 
entitled to ten percent (10%) of the amount recovered by final judgment. 
For cases not susceptible of pecuniary estimation, the informer shall receive an 
amount in accordance with the following schedule: 
SALARY GRADE OF 
FINANCIAL REWARD OF 
Two Hundred Thousand Pesos (P 200,000.00) 
1 to 5 
One Hundred Thousand Pesos (P 100,000.00) 


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During the pendency of the case, however, the informer shall be advanced the 
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amount equivalent to not less than Twenty-Five Percent (25%) of the total reward 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. 
Persons under Section 24 (c), (d), and (e) shall not be qualified to receive the benefits 
under this Section. 
SEC. 13. Abstract. - All government agencies, offices, bureaus and local government 
units, including government-owned or controlled corporations, whether or not with original 
charters, shall conspicuousIy display an abstract of this Act and the rights and protections of 
informers, including the obligations of employers under this Act. Such abstract shall be 
provided in the Rules and Regulations to be promulgated in implementation of this Act 
All government agencies, offices, bureaus and local government units, including 
government-owned or controlled corporations, whether or not with original charters, are 
likewise required to put in place internal procedures for dealing with informers, consistent 
with the provisions of this Act and the rules and regulations to be promulgated for its 
implementation. Said internal procedure shall be widely disseminated to all the employees. 
ARTICLE JY 
CONDITIONS FOR BENEFITS OF A PROTECTED DISCLOSURE 
SEC. 14. Conditions for Protected Disclosure. - Informers, whether from the public or 
private sector, shall be entitled to the benefits under Article I11 of this Act; provided, that all 
the following requisites concur: 
(a) The disclosure is made voluntarily, in writing and under oath. 
(b) The disclosure relates to conduct constituting graft and corruption under Section 4 
of this Act, 
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(c) The disclosure pertains to a matter not yet the subject of a complaint already filed 
with, or investigated by the Office of the Ombudsman or by any other 
investigating agency; unless, if in the opinion of the Ombudsman, the disclosures 
are necessary for, the effective and successful prosecution, or essential for the 
acquisition of material evidence not yet in its possession. 
(d) The disclosure is made before any qualified person, office or agency as defined 
under Section 15 of this Act. 
(e) The informer assists or participates in the proceedings commenced to enforce the 
provisions of this Act in connection with the subject matter of his disclosure. 
(f) The information given by the informer can be supported by other material 
evidence, and, 
(g) The information disclosed leads to a successful conduct of investigation and 
gathering of evidence sufficient to sustain a finding of probable cause for the filing 
of a criminal indictment before the court of competent jurisdiction, or of prima 
facie case for the filing of a petition for forfeiture of ill-gotten wealth under 
Republic Act No. 1379. 
SEC. 15. Qualified Person, Office or Agency. - A qualified person, office or agency 
before which a protected disclosure can be made shall include: 
(a) Officials and employees of the Office of the Ombudsman; 
(b) Secretaries and Undersecretaries of Departments; 
(c) Members of Congress; 
(d) Local chief executives of local government units; 
(e) Heads of public offices, agencies, bureaus and government-owned or controlled 
corporations; 
(0 Prosecutors and officials of the Department of Justice; and 
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(g) Members of the Armed Forces of the Philippines, the Philippine National Police, 
the National Bureau of Investigation and other law enforcement offices; and 
(h) Members of the media. 
SEC. 16. Necessityfor Testimony. - Unless found by the Office of the Ombudsman to 
be necessary and indispensable for the successful prosecution of the persons subject of the 
protected disclosure, the testimony of the informer in court shall not be necessary for the 
receipt or enjoyment by the informer of the benefits of this Act. In the event that the 
informer’s testimony is required, he shall be entitled to the additional benefits and protection 
of the Legal Protection Senice. 
SEC. 17. Unprotected Disclosures. - The following disclosures shalI not be deemed a 
protected disclosure under this Act: 
(a) Disclosures made by a public officer or employee in connection with a matter 
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subject of his official investigation; 
(b) Disclosures which later appear to be groundless or without basis. 
An 
investigation may be declined or discontinued if it is shown that the disclosure 
was made without reasonable grounds; 
(c) Disclosures concerning merits of government policy, unless the same is contrary 
to law or covered by Section 4 of this Act; 
(d) False or misleading disclosures; and 
(e) Disclosures that were later retracted by the informer for any reason. Such person 
shall lose the right to claim benefit or protection under this Act for the same or 
future disclosures. 
SEC. 18. Disclosures Made bya Party. - A disclosure made by a person who is himself 
a party to the disclosed conduct constituting graft and corruption, whether as a principal, 
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accomplice or accessory, is deemed a protected disclosure under this Act and such person 
shall be entitled to the benefits of an informer; provided, 
(a) The informer complies with the conditions under Section 14 hereof; 
(b) The informer has not been previously convicted by final judgment of a crime 
involving moral turpitude; and 
(c) The informer shall agree to stand as witness for the State and later testifies in 
accordance with his disclosures. 
Said person shall be immune from any kind of prosecution respecting the matter on 
which he testified. 
SEC. 19. Disclosures Pnbr to this Act. - A disclosure made prior to the effectivity of 
this Act shall be deemed a protected disclosure entitled to protection ,under this Act; 
provided: all the conditions herein are satisfied. 
ARTICLE V 
OTHER RIGHTS AND OBLIGATIONS 
SEC. 20. Disclosures Made Before Qualified Pemons. - Any person under Section 15 of 
this Act to whom a disclosure was made shall have the following obligations: 
(a) Maintain and protect the confidentiality of the identity of the informer: 
(b) Maintain and protect the confidentiality of the subject matter of the disclosure, 
until measures have been taken to assure the protection and well-being of the 
informer, and the said disclosure and subject matter thereof had been reported to 
the Office of the Ombudsman; and 
(c) Report the disclosure and its full details within thirty (30) days from such 
disclosure to the Office of the Ombudsman for its proper investigation and the 
processing of the informer to qualify under the protection and benefits of this 
Act. 
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SEC. 21. Disclosures Made to Other Persons. - Any person not falling under Section 15 
of this Act to whom a disclosure was made shall have the following obligations: 
(a) Maintain and protect the confidentiality of the identity of the informer; 
(b) Maintain and protect the confidentiality of the subject matter of the disclosure; 
and 
(c) Report the disclosure and its full details within sixty (60) days from such 
disclosure to the Office of the Ombudsman or any of the qualified persons 
enumerated under Section 15 of this Act. 
Notwithstanding the provisions of Section 15 of this Act, a disclosure made to a 
person not included therein shall nevertheless be deemed a protected disclosure; provided 
that, there is manifest intention on the part of the informer to have the same disclosure 
referred, forwarded or indorsed to any of the qualified persons under Section 15 of this Act; 
Provided further, that all the other conditions under this Act are satisfied; and Provided 
finally, that the disclosure and the subject matter thereof are reported to any qualified person 
under Section 15 of this Act. 
ARTICLE VI 
LEGAL PROTECTION SERVICE 
SEC. 22. Legal Protection Semibe. - A protection program for the benefit and 
protection of the informers and witnesses of the Office of the Ombudsman in pursuit of the 
provisions of this Act, and which is called the Office of the Ombudsman’s Legal Protection 
Semite, is hereby created. Said Legal Protection Service shall be controlled and administered 
by the Office of the Ombudsman and shall be responsible for the processing, determination 
andor granting of benefits to informers and/or qualified witnesses under this Act. 
SEC. 23. Coverage. - The Legal Protection Service contemplated in this Act and which 
is to be administered by the Office of the Ombudsman shall cover only those offenses or 
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conduct constituting graft and corruption specified under Section 4 of this Act, The 
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Department of Justice shall continue to administer its Witness Protection Program under 
Republic Act No. 6981 as to other cases. 
SEC. 24. Qualified Wjtnesses. - The term, as defined in Section 3(h) hereof, and 
subject to their compliance with the provisions of this Act as determined by the Office of the 
Ombudsman, shall include the following persons: 
(a) Informers whose testimony is found by the Office of the Ombudsman to be 
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necessary and indispensable for the successful prosecution of the persons subject 
of the protected disclosure under Section 16 of this Act; 
(b) Persons covered by Section 18 of this Act who disclose conduct constituting graft 
and corruption prior to the discovery thereof or prior to the filing of any 
complaint thereon, or the conduct of any investigation in connection therewith; 
(c) State Witness as defined in this Act; 
(d) Persons discharged under Section 17, Rule 11 9 of the Revised Rules on Criminal 
Procedure: and 
(e) Such other persons who qualify under the provisions of this Act. 
SEC. 25. State Witness. - The term shall mean any person who has participated in the 
commission of a conduct constituting graft and corruption under Section 4 of this Act and 
who, being already the subject of an investigation or a respondent or accused in a case 
already filed with the court or pending with the Office of the Ombudsman or any other 
tribunal or agency or investigative body, in connection with, or about, the very matter 
subject of his proposed disclosure and testimony, desires to be a witness for the State. 
SEC. 26. Rights and Benefits of Qzzalified Witnesses. - When necessary, qualified 
witnesses under this Act shall have the following rights and benefits: 
(a) Personal and bodily security and protection; 
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(b) A secure housing facility until he has testified or until the threat, intimidation or 
harassment disappears or is reduced to a manageable or tolerable level. When the 
circumstances warrant, the witness shall be entitled to relocation andor change 
of personal identity at the expense of the government. This right may be extended 
to any member of the family of the witness within the second civil degree of 
consanguinity or affinity; 
(c) Assistance from the government, or through the Office of the Ombudsman, in 
obtaining a means of livelihood. Further, should the witness be relocated 
pursuant to this Act, he shall be entitled to a financial assistance for his support 
and that o f his family in such amount and for such duration as the Office of the 
Ombudsman may determine; 
(d) Compensation in the amount equivalent to his salaries or wages for such number 
of days of absence occasioned by the necessity to stand as witness for the State. 
For purposes of this Act, any fraction of a day shall constitute a full day salary or 
wage. This provision shall be applicable to both government and private 
employees; 
(e) Reasonable traveling expenses and subsistence allowance in such amount as the 
Office of the Ombudsman may provide in accordance with the implementing 
rules and regulations of this Act, for his attendance and presence at court, office, 
authority or other places pursuant to his discharge of his obligations herein: 
(f) Free medical treatment, hospitalization and medicines for any injury or illness 
incurred or suffered by him because of witness duty in any private or public 
hospital, clinic, or at any such institution at the expense of the government; 
(g) Financial benefits, in the event that the witness is killed because of or in 
connection with the discharge of his obligations under this Act, in the amount of 
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One Hundred Thousand Pesos (P lOO,OOO.OO), exclusive of any other similar 
benefits he may be entitled to under other existing laws; 
(h) In case of death or permanent incapacity, his minor or dependent children shall 
be entitled to free education, from primary to college level in any State college or 
university, as may be determined by the Office of the Ombudsman, as long as 
they shall have qualified thereto; and 
(i) Protection against disciplinary action or reprisals, including prejudicial and 
discriminatory treatment in the workplace, as defined in Section 10 of this Act. 
SEC. 27. Conditions for Enjoyment of Rights and Benefits. - To be qualified for the 
rights and benefits under the foregoing section, the person must have witnessed or has 
personal knowledge or information on the commission of a crime subject hereof and has 
testified or is testifying or about to testify before any judicial or quasi-judicial body, or before 
any investigating authority, and must satisfy the following conditions: 
(a) The offense that shall be proven by the testimony must be among those 
enumerated in Section 4 of this Act. 
(b) There is absolute necessity for his testimony; 
(c) There is no other direct evidence available for the proper prosecution of the 
offense committed; 
(d) His testimony can be substantially corroborated on its material points; 
(e) He does not appear to be most guilty; and 
(f) He has not at any time been convicted of any crime involving moral turpitude. 
SEC. 28. Personal Security and Protection. - To be entitled to personal security and 
protection, a witness who satisfies the foregoing requirements, or members of his family 
within the second degree of consanguinity or affinity, must be the subject of threats to life or 
bodily harm or injury or, if in the opinion of the Ombudsman, there is a likelihood of such 
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threat, force, intimidation, harassment or corruption to prevent said witness from testifying, 
or to cause him to testify falsely, or evasively on account of his testimony. 
SEC. 29. Law Enforeem as Witnesses. - Nothing in this Act shall disqualify a law 
enforcement officer, otherwise qualified to stand as witness for the State, from being entitled 
to the full protection and benefits of the Legal Prorecrian Service; Provided, however, that 
the matter for which his testimony is necessary is not the matter subject of his official 
investigation or inquiry. 
SEC. 30. Fonnal Requirements. - Any person desiring to be placed under the coverage 
of the Legal Protection Service of the Offke of the Ombudsman and who shall stand as a 
witness for the State, shall execute a sworn statement detailing his knowledge or 
information, which he shall warrant to be the truth, on the commission of the offenses 
within the coverage of Section 4 of this Act, as well as a Memorandum ofrigreement. 
SEC. 31. Memorandum OfAgeement. - Before a person is provided protection as an 
informer or witness for the State, he shall first execute a Memorandum ofAgreemenr which 
shall set forth his responsibilities including the following: 
(a) Except insofar as provided in Section 16 of this Act for informers; to testify before 
and provide information to all appropriate law enforcement officials concerning 
all appropriate proceedings in connection with or arising from the activities 
involved in the offense subject matter thereof; 
(b) To avoid the 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 comply with legal obligations and civil judgments against him; 
(e) To cooperate with respect to all reasonable requests of officers and employees of 
the government who are providing protection under this Act; and 
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threat, force, intimidation, harassment or corruption to prevent said witness from testifymg, 
or to cause him to testify falsely, or evasively on account of his testimony. 
SEC. 29. Law Enfbrcen- as Witnesses. - Nothing in this Act shall disqualify a law 
enforcement officer, otherwise qualified to stand as witness for the State, from being entitled 
to the full protection and benefits of the Le@ Protecrjon Servibe; Provided, however, that 
the matter for which his testimony is necessary is not the matter subject of his official 
investigation or inquiry. 
SEC. 30. Formal Requirements. - Any person desiring to be placed under the coverage 
of the Legal Protection Service of the Office of the Ombudsman and who shall stand as a 
witness for the State, shall execute a sworn statement detailing his knowledge or 
information, which he shall warrant to be the truth, on the commission of the offenses 
within the coverage of Section 4 of this Act, as well as a Memorandum ofAgreement. 
SEC. 31. Memorandum ofAgreement. - Before a person is provided protection as an 
informer or witness for the State, he shall first execute a Memorandum ofAgreementwhich 
shall set forth his responsibilities including the following: 
(a) Except insofar as provided in Section 16 of this Act for informers; to testify before 
and provide information to all appropriate law enforcement officials concerning 
all appropriate proceedings in connection with or arising from the activities 
involved in the offense subject matter thereof; 
(b) To avoid the 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; 
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(d) To comply with legal obligations and civil judgments against him; 
(e) To cooperate with respect to all reasonable requests of officers and employees of 
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the government who are providing protection under this Act; and 
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(f) To regularly inform the appropriate program official of his current activities and 
address. 
SEC. 32. Breach of the Memorandum of Agreement. - Substantial breach of the 
Memorandum ofAgreement shall be a ground for the termination of the protection provided 
under this Act; Provided, however, that before terminating such protection, the Ombudsman 
shall send notice to the person involved of the termination of the protection provided under 
this Act, stating therein the reason for such termination. Reasonable time shall be afforded 
the witness to take the appropriate and necessary measures for his protection and security in 
view of the termination of the protection under this Act. 
SEC. 3, 
ComTdentidi~dProceedLngs. 
- All proceedings involving application and/or 
enjoyment of the benefits under the Legal Protection Service of the Office of the 
Ombudsman, 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 Office of the Ombudsman, and when, in the opinion of the 
ombudsman, such disclosure shall not endanger the life of a qualified witness. 
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SEC. 34. Speedy Heaxing or Trial. - In any case where a person qualified as a witness 
for the State and under the protection of the Legal Protection Service of the Office of the 
Ombudsman shall testify, the judicial or quasi-judicial body, or investigating authority shall 
assure a speedy hearing or trial on such case and shall endeavor to finish said proceeding 
within three (3) months from the filing of the case. 
SEC. 35. 1mmw.y. - A qualified witness shall be immune from criminal prosecution 
for the offense or offenses about which he gave or will give his testimony, or in which 
connection his testimony shall be used. 
SEC. 36. Restitution. -For a witness under Section 25 of this Act to qualify as a witness 
iinder the 3,eqal Protection Service of the Office of the Ombudsman and enjoy its rights and 
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benefits, he shall, in addition to the other conditions herein, restitute or compensate the 
government in such amount or amounts, or properties he may have received by reason, or in 
consideration of, his participation in the conduct constituting graft and corruption subject of 
his testimony. 
SEC. 37. Failure or Refisd of the Witness to Twtie. - Any qualified witness enjoying 
the benefits under the Legal Prorecrion Service who fails or refuses to testify, or to continue 
to testify, or who adversely varies his testimony without just cause, shall be prosecuted for 
contempt. If he testifies falsely or evasively, he shall be liable to prosecution for perjury. Any 
of the foregoing shall be sufficient for the termination of the benefits and protection under 
this Act and the loss of his other rights herein, including his immunity from criminal 
prosecution. 
SEC. 38. Compelled Testimony. - Any witness qualified under or pursuant to Section 
25 of this Act cannot refuse to testify or decline the production of evidence, including bank 
documents, books, financial documents, records or writings necessary for the understanding 
or prosecution of the offense or offenses for which he has agreed to testify. However, he shall 
enjoy immunity from criminal prosecution and cannot be subjected to any penalty or 
forfeiture for any transaction, matter or thing concerning his compelled testimony or 
production of books, documents, records and writings. 
In case of refusal of said witness to testify or give evidence or produce books, 
documents, records, or writings, on the ground of the right against self-incrimination; and 
the Office of the Ombudsman believes that such evidence is absolutely necessary for a 
successful prosecution of the offense or offenses charged or under investigation, the Office of 
the Ombudsman shall, even during the pendency of an investigation and prior to the 
commencement of an action in court, file a petition with the appropriate court for the 
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issuance of an order requiring such testimony, or production of evidence, books, documents, 
records, and writings described, and the court shall issue the proper order. 
In addition, the court, upon motion of the Office of the Ombudsman, shall order the 
arrest and detention of the witness in any jail at or near the place of trial or investigation 
until such time that the witness is willing to give such testimony or produce such evidence, 
books, documents, records, and writings necessary. 
SEC. 39. Credbi&y of Witness. - In all criminal cases, the fact of the entitlement of 
the qualified witness to the protection and benefits provided for in this Act shall not be 
admissible in evidence to diminish or affect his credibility. 
SEC. 40. 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: 
(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 and prosecute the same, when 
warranted 
(c) Evaluate the qualification of informers and witnesses for coverage within this Act, 
and 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; 
(e) Develop plans and implement programs to further encourage informers on graft 
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and corrupt activities with a view to effective deterrence and/or prosecution; 
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(4 Control and administer, consistent with the provisions and purpose of this Act, a 
Legal Protection Service for the protection and benefit of the informers and 
witnesses of the State in connection with the cases within the coverage of Section 
4 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 provisions of this Act and its implementing 
rules and regulations. 
ARTICLE VI1 
REMEDIES AND SANCTIONS 
SEC. 41. Violation of Confdenti&v. - Any person who violates the protection of 
confidentiality of a protected disclosure under Sections 8,9, 
20 and 21 of this Act, and of the 
confidentiality of proceedings under Section 32 of this Act, shall be guilty of an offense and 
shall suffer the penalty of not more than six (6) years, but not less than six (6) months 
imprisonment, and shall be civilly liable to indemnify the informer or qualified witness in 
such amount of damages as may be awarded and deemed reasonable by a competent court. 
SEC. 42. Retaliatoxy Action in the Work Place. - Any person who shall make or cause 
prejudicial conduct and reprisals, as defined in this Act, against an employee who is a 
informer or believed or suspected to be one, or a qualified witness under this Act, shall be 
guilty of an offense and shall suffer the penalty of not more than six (6) months 
imprisonment, and shall be civilly liable to indemnify the informer or qualified witness in 
such amount of damages as may be awarded and deemed reasonable by a competent court. 
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Towards this end, the aggrieved informer or qualified witness 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 informer’s testimony. 
The proceedings herein shall be independent of any action that an aggrieved person 
may take before the Civil Service Commission, the Department of Labor and Employment 
for unfair or discriminatory practices, backwages, or other labor disputes, or before other 
quasi-judicial agencies that may or may not have arisen from a protected disclosure or 
believed or suspected disclosure. 
SEC. 43. Discn’minatory Hiring. - Any person, firm, corporation, office or employer 
who shall deny employment from a qualified applicant, or who shall reject his application for 
employment, due to knowledge, belief or suspicion that the applicant is an informer or a 
witness for the State, shall be guilty of an offense and shall suffer the penalty of not more 
than two (2) months imprisonment, and shall be civilly liable to indemnify the informer in 
such amount of damages as may be awarded and deemed reasonable by a competent court. 
SEC. 44, Failure of an Employer to Post Abstract. - The failure to post an Abstract 
required under Section 11 of this Act shall constitute an offense and shall be penalized with a 
fine in the amount of Fifty Thousand Pesos (P 50,000.00). For purposes of exacting the fine, 
the president, manager, or head of office, bureau or agency shall be held responsible. 
SEC. 45. 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 prescribed, 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 of not more than Fifty Thousand 
Pesos (P 50,000.00). 
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SEC. 46. False and Misea&ng Disclosures and Testimony. - Any person uiho 
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deliberately and voluntarily gives false or misleading information or testimony in connection 
with conduct constituting graft and corruption under this Act shaI1, unless such act is already 
punishable by some other law more severely, be guilty of an offense and shall suffer the 
penalty of imprisonment of not more than twelve (12) years, in addition to other criminal 
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and civil liability he may incur under existing laws. 
SEC. 47. Penalty for Harassment of Witness. - Any person who harasses a qualified 
witness and thereby hinders, delays, prevents or dissuades said witness from: 
(a) Attending or testifymg before any judicial or quasi-judicial body or investigating 
authority; or from, 
(b) Reporting to a law enforcement officer or judge the commission or possible 
commission of an offense, or a violation of conditions or probation, parole, or 
release pending judicial proceedings; or from, 
(c) Seeking the arrest of another person in connection with the offense; or from, 
(d) Causing a criminal prosecution, or a proceeding for the revocation of a parole or 
probation; or from, 
(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 (P 100,000.00) or suffer 
imprisonment of not less than six (6) months but not more than six (6) years, or bath, at the 
discretion of the court, and shall also suffer the penalty of perpetual disqualification from 
holding public office in case of a public officer. 
ARTICLE VI11 
MISCELLANEOUS PROVISIONS 
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SEC. 48. Implementing Rules and Regulations - Within six (6) months from the 
effectivity of this Act, the Office of the Ombudsman shall promulgate the Implementing 
Rules and Regulations of this Act. 
SEC. 49. Appropriations. - The amount of Two Hundred Million Pesos Only (P 
200,000,000.00) is hereby appropriated from the Office of the President and released to the 
Office of the Ombudsman to implement and enforce the provisions of this Act, including the 
establishment and operation of its Legal Protection Service. Thereafter, such funds as are 
necessary for the effective and continued implementation of this Act shall be taken from, 
and included in, the annual General Appropriations Act. 
SEC. 50. Transition. - The Witness Protection Program administered by the 
Department of Justice shall continue to administer and cover witnesses otherwise covered 
herein by the Legal Protection Service of the Office of the Ombudsman, until the Office of 
the Ombudsman shall have established its own Legal Proleetion Sei+ce, 
promulgated’ its 
rules and completed its logistics necessary for the operation of the Legal Protection Servibe, 
which shall not be more than nine (9) months from the effectivity of this Act. 
SEC. 51. Separability Clause. - If any provision of this Act or the application of such 
provision to any person or circumstances is declared, with finality, to be invalid or 
unconstitutional, the same shall not affect the remainder of the Act or its other provisions 
otherwise completely enforceable and independent of such invalid provision; or the 
application of such provision to other persons or circumstances. 
SEC. 52. Efecectiivity Clause. - This Act shall take effect within fifteen days after its 
publication in the Official Gazette and in at least two (2) national newspapers of general 
circulation. 
SEC. 53. Repealing Clause. - All laws, decrees, executive orders, issuances, rules and 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
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Approved, 
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