. Repu ee the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

Second Regular Session

1694
COMMITTEE REPORT NO.

Submited by the Gommittee on Justice and the Committee on Appropfiations on
1.9 JAN 2012

Re: Housé Biif No g715

Recommending its approval i substitution of House pil Nos. 132, 452, 4832,
2410, 2471, 2675 and 2922

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Sponsors: Representatives Niel C. Tupas, Jr, Joseph Emilio A. Abaya,
Teodoro A. Casifio, Neri Colmenares, Juan Edgardo M. Angara;
Marcelino R. ‘Teadoro, Rufus 8. Rodriguez, Makimo B. Rodriguez,
Ma. Rachel J. Arenas, Gabriel Luis R. ‘Quisumbing and ‘Salvador H.
Escudero

Mr. Speaker:

The Committee on Justice and the Committee on ations, to which
were referred House Bill No. 132, introduced by Representative Teddy A.
Casifio, entitled:

“AN ACT
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF
WHISTLEBLOWERS ‘AND FOR OTHER PURPOSES”

House Bilt No. 452, introdueed by Representative Juan Edgardo M. Angara,
entitled:

“AN AGT ,
ESTABLISHING A WHISTLEBLOWER BILL OF RIGHT ”

House Bill No. 4832, introduced by Representative Marcelino R. Teodoro,
entitied:


“AN ACT
ESTABLISHING PROTECTIGN FOR WHISTLEBLOWERS”

House Bilt No. 2110, introduced by Representative Rufus B. Rodriguez, entitled:

“AN ACT
MANDATING THE PROTECTION AND REWARD OF
WHISTLEBLOWERS IN THE PHILIPPINES, SECURITY AND
BENEFIT ACT”

House Bill No. 2471, introduced by Representative Ma. Rache/ J. Arenas,
entitled:

“AN ACT
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF
WHISTLEBLOWERS AND OTHER PURPOSES”

House Bill No. 2675, introduced by Representative Gabriel Luis R. Quisumbing,
eniitled

“AN ACT
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF
WHISTLEBLOWERS AND FOR OTHER PURPOSES”

and House Bill No, 2922, introduced by Representative Salvador H. Escudero,
entitled”

“AN ACT
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF
WHISTLEBLOWERS”

have neve seopyiipres the same and tecommend that the attached House Bill No.
entitled

“AN ACT
PROVIDING FOR THE PROTECTION, SECURITY AND
BENEFITS OF WHISTLEBLOWERS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES”

be approved in substitution of House Bill Nos. 132, 452, 1832, 2110, 2471, 2675
and 2922 with Representatives Teddy A. Casifio, Neri Colmenares, Juan
Edgardo M. Angara, Marcelino R. Teodoro, Rufus B. Rodriguez, Maximo B.


Rodriguez, Ma. Rachel J. Arenas. Gabriel Luis R. Quisumbing, Salvador H
Escudero, Niel C. Tupas, Jr, Joseph Emilo A. Abaya, Rachel 8. Del Mar.
Bernadette Herrera-Dy, Sherwin N. Tugna, Joselito R. Mendoza, Antonio T. Kho,
Cinchona Cruz-Gonzales, Nur-Ana |. Sahidula, Luzviminda C. Hagan Ma.
Isabelle G. Climaco and Ma. Evita R. Arago, as authors thereof.

fat
Apt
IEL C, TUPAS, JR.

‘Chairman -
Committee on Justice

Respectfully submitted,

The Honorable Speaker
House of Representatives
Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS

Second Regular Session
5715

House Bill No.

Introduced by Representatives Teodoro A. Casifio, Neri J. Colmenares, Juan
Edgardo “Sonny” M. Angara, Marcelino “Marcy R. Teodoro, Rufus B. Rodriguez,
Maximo B. Rodriguez, jr, Ma. Rachel J. Arenas, Gabriel Luis R. Quisumbing,
Salvador H. Escudero IIL, Niel C. Tupas, Jr, Joseph Emilio A. Abaya, Rachel de!
Mar, Bernadette Herrera-Dy, Sherwin N. Tagna, Joselito R. Mendoza, Antonio T.
Kho, Cinchona Cruz-Gonzales, Nur-Ana I. Sahidula, Luzviminda C. Dagan, Ma.
Isabelle G. Climaco and Ma. Evita R. Arago

AN ACT
PROVIDING FOR THE PROTECTION, SECURITY AND BENEFITS OF
WHISTLEBLOWERS, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES <<) _

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

SECTION 1. Short Title. - This Act shal! be known as the "Whistleblower
Protection, Security and Benefit Act of 2011.”

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 employees, and exact full retribution from those who shall engage in
graft and corrupt practices. Towards this end, the State shall:

(a) maintain honest and high standards of integrity in the public service;

() safeguard the national interest through the investigation and
prosecution of corrupt and erring public officials and employees; and


(0) encourage and facilitate the disclosure of corrupt conduct and practices
in the public service by providing benefits and protection to whistleblowers.

Nothing in this Act shall diminish or restrict the entitlement, receipt or
enjoyment by a whistleblower of more or higher benefits provided in existing
laws.

SEC. 3. Definition of Terms. - As used in this Act, the following terms are
hereby defined as follows:

{a) “Acts constituting graft and corruption" refer to 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) Republic Act No. 3019, otherwise known as the “Anti-Graft and
Corrupt Practices Act”;

(2) Sections 7, 8 and 9 of Republic Act No. 6713, otherwise known as the
“Code of Conduct and Ethical Standards for Public Officials and Employees”;

(3) Republic Act No. 7080, entitled “An Act Defining and Penalizing the
Crime of Plunder”;

(4) Presidential Decree No. 46, entitled “An Making Punishable for Public
Oticials and Employee to Receive, and for Private Persons to Give, Gifts on Any
Occasion, Including Christmas”;

(8) Title VII of Book Two of the Revised Penal Code on “Crimes
Committed by Public Officers”.

(6) “Councit” refers to the Whistleblower Benefits and Protection Council
created pursuant to Section 29 of this Act.

(©) "Employee" refers to 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 defined in this Act as weil as any person considered an "employee"
under the Labor Code.

(a) "Employer refers to 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,

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partnership, essuciation, corporation or entity, hires an employee as defined in
this Aci.

{e) “Government” refers to the National Government and any of its
subdivisions, agencies or instrumentalities, including government-owned and
controlled corporations and their subsidiaries, and the Local Government Units.

(6 "Informant" refers to any person who has personal knowledge or
access to data, events or information, of any conduct constituting graft and
corruption as defined under this Act by public officer/s and employee/s, and
who shall deliberately disclose of individual, collective or organized conduct
constituting graft and corruption as provided in this Act.

(g) “Program” refers to the “Whistleblower Protection, Security and
Benefit Program” which the Council shall formulate and implement pursuant to
this Act.

(h) Public officer” refers to any person holding any public office in the
Government of the Republic of the Philippines by virtue of an appointment,
election or contract.

(i) "Whistleblower" refers to an informant admitted into the Program of
the Council in accordance with this Act and its Rules and Regulations.

() "Reprisal" refers to any negative or obstructive response or reaction to
a disclosure made under this Act aimed at, pertaining to, or against a
whistleblower or any of the members of the family and relatives up to the second
degree of consanguinity or affinity, including but not limited to criminal, civil or
administrative proceedings commenced or pursued against said whistleblower
or any of the members of the family or relatives up to the second degree of
consanguinity or affinity as well us reprisal in the workplace.

(@) "Reprisal in workplace’ refors to any discriminatory conduct or
policies egainst a whistleblower which affect promotion or job assignment
including undue negative performance appraisal, unusual and unwarranted
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.

SEC. 4. Coverage - Conduct constituting graft and corruption, whether
commenced or consummated before the effectivity of this Act, refers to any

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conduct, act or omission of public officers and/or employees solely, or in
cooperation or conspiracy with private persons which are covered by, or amount
te violations of Presidential Decree No. 46; Republic Act No. 3019; Sections 7, 8
and 9 of Republic Act No. 6713; Republic Act No. 7080; and Title VII of Book
Two of the Revised Penal Code on “Crimes Committed by Public Officers” -

SEC. 5. Admission to the Program. - Whistleblowers admitted into the
Program, whether from the public or private sector, shall be entitled to the
Protection and benefits under this Act: Provided, That all the following requisites
concur: :

(2) The disclosure is voluntary, in writing and under oath;

(b) The disclosure relates to conduct constituting graft and corruption
under this Act;

{c} Such disclosure is necessary for an effective and successful
investigation or prosecution, or essential for the acquisition of material evidence
net yet in the possession of the Whistieblower’s Protection Council;

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

{e) The information disclosed leads to a 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.

SEC. 6. Necessity of Testimony. - The testimony of a whistleblower in
court shall not be necessary for the entitlement to the benefits and protection
under this Act, subject to the provision of Section 17 herein. In the event that the
whistleblower's testimony is determined by the Council to be necessary and
indispensable to the succes of an investigation or the prosecution of a case, the
whustleblower shall be entitled to the additional benefits and protection under
Republic Act 6891, otherwise known as the “Witness Protection, Security and
Benefit Act”.

SEC, 7. Memorandum of Agreement with the Whistleblower. ~ As a pre-
requisite to the availment of the protection and benefits under this Act, a
whistleblower shall enter into a Memorandum of Agreement with the Department
of Justice which shall set forth the whistlebiower’s tesponsibilities including the
following:


GBEGB=IS omyaueune

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(a) To provide information to and testify before al} inguiries, in aid of
legislation, and before any law enforcement official concerning any appropriate
proceeding in connection with er arising from the activities involved in the
offense subject matter thereof;

() To avoid a commission of a crime involving moral turpitude;

{} To take all necessary precautions to avoid detection by others of the
facts concerning the protection provided under this Act; -

{@) To cooperate with respect tn all reasonable requests of officers and
employees of the government who are providing protection under this Act: and

(e) To regularly inform the appropriate program official of the
whistleblower's current activities and address.

SEC. 8. Breach of the Memorandum of Agreement. - Substantial breach of
the Memorandum of Agreement shall be a ground for the immediate termination of
the protection and benefits provided under this Act, The Council shall send
notice ta a whistleblower concerned, stating therein the reason for such
fermination. In view thereof, a whistleblower shall be afforded reasonable time
to take appropriate and necessary protection and security measures,

In addition, the whisileblower shall retum ail the financial rewards
received pursuant to Section 17 of this Act,

SEC. 9. Protection against other Actions. - A whistleblower or an
informant who has made a disclosure under this Act shall not be subject to any
liability in any proceeding. Any ctisclosure made or any document submitted to
the Council shall be inadmissible in evidence against the whistleblower.

This protection shall also operate as immunity in favor of a whistleblower
or informant against any action or proceeding taken against the whistleblower
by any person subject of a disclosure, by reason thereof and acts in relation to
subject of disclosure.

SEC. 10. Defense of Privileged Communication. - 4 whistleblower or any
Person who has made a disclosure umder 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 the Proper authorities.



SEC. 11.Confidentiality. - Except as allowed by this Act, during and after
tosure, and throughout and after any proceeding taken thereafter, a
blower or an informant is entitled to absolute confidentiality about:

{a} Whistleblower’s identity;
{b) The svbject matter of the disclosure: and

ic) The person to whom such disclosure was made.

‘There shall be no such confidentiality of identity if a whistleblower or an
informant makes a public disclosure of a conduct constituting graft and
corruption unless, notwithstanding such public disclosure, the whistleblower has
taken means and measures obviously intended to preserve anonymity

SEC. 12. No Breach of Duty of Confidentiality, - A whistleblower or an
informant who has made a disclosure under this Act, on whom a provision of
Taw, regulation, issuance, practice or other convention, imposes a duty to
maintain confidentiality with respect to any information disclosed, is considered
not to have committed @ breach thereof.

SEC, 13. Confidential Information. - No person to whom a disclosure has
bert made or referred shall divulge any information that may identify or tend to
identify a whistleblower or informant or reveal the subject matter of such
disclosure, exeupt under the following ciecumstances:

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

(b) The disclosure is indispensable and essential as determined by the
Council, having regard to the necessary proceedings to be taken after the
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
wh« kas become privy to any confidential information, whether officially or by
other means.

SEC, 14, Protection against Disciplinary Action or Reprisals, - A
whistleblower who has made or is believed or suspected to have made a


disclosure under this Act is not liable to disciplinary action for making said
disclosuze.

Prohibited acts under this section include reprisals in a workplace or
Prejudicial conduct towards a whistleblower, such as; discriminatory actions
behind policies and procedures, unwarranted reprimand, punitive transfers,
malicious referral to a psychiatrist or counselor, and unfounded or baseless poor
performance reviews. Other prejudicial actions include obstruction of an
investigation, withdrawal of essential resources, undue reports and the
attachment of false personnel file or 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
encourages, causes or does retaliatory action or reprisal against the
whistleblower or anyone believed or suspected to be one, shall be liable for an
offense defined under this Act.

Any employee who refuses to follow orders of employers that wouid
cause them to violate any provision of this Act shall Likewise be protected from
reprisals and retaliatory action in the workplace.

For purposes of this protection, an applicant for employment shall be
deemed an employee and entitled to such protection: Provided however, That an
employer of a whistleblower shall be notified through a certification issued by
the Council, 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 Council and the Department of Labor and Employment in
case of a prolonged absence due to transfer or permanent relocation under this
Act or R.A No. 6981.

SEC. 15. Security and Protection of a Whistleblower - When determined
to be necessary and appropriate by the Council, a whistleblower, even if the
disclosure is made in confidence, shall be entitled to personal security. For this
Purpose, the Council may request any jaw enforcement agency for assistance.
Should, at anytime, the identity of the whistleblower be revealed, ot anonymit
compromised, the whistleblower may, upon the recommendation of the Coun:
be entitled to the benefits of R. A. No. 6981, in addition to the cther benefits
under this Act.



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SEC. 16. Confidentiality of the Proceedings. - All proceedings before the
Council involving application and/or enjoyment of the benefits under this Act,
including any action taken thereon, shall be confidential in nature. No
information or documents given or submitted in support thereof shall be
released except upon written order of the Council, and provided such disclosure
shall not endanger the life of a whistleblower.

SEC. 17. Financial Rewards for Whistleblowers. - The whistleblower
shall be entitled to a corresponding monetary reward in accordance with the
following stages: . :

| If the case is susceptible of [If the case i= not susceptible

| Stages | pecuniary estimation of pecuniary estimation
[Pa admission into the
rogram P 200,000.00 P 100,000.00
Upon filing of the case with the
| Office of the Ombudsman P 100,000.00 P__50,000.00

| Upon “completion of the

testimony of the whistleblower P 400,000.00 P 50,000.00

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 (10%)
of the actual amount recovered by final judgment.

SEC. 18. Return of the amount received as financial rewards. - A
whistleblower admitted into the program who deliberately and voluntarily gives
false or misleading information in connection with conduct constituting graft
and corruption as defined under this Act or who unjustifiably recants testimony
shall, in addition to the penalties provided in Section 21 and Section 2 of this
Act, be required to return all the amounts received as financial rewards.

SEC. 19, 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 or informants,
including the obligations of employers under this Act. Such abstract shall be
Provided in the rules and regulations to be promulgated pursuant to Section 31
of this Act.



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

SEC, 20. Credibility of a Whistleblower. - In all cases, the fact of the
entitlemerit of the whistleblower to the protection and benefits provided in this
Act shall not be admissible in evidence to diminish or affect the whistleblower's
credibility. . .

SEC. 21. Penalty for Giving False and Misleading Information. - The
penalty of imprisonment of not less than six (6) years but not more than twelve
(12) years shall be imposed upon a whistleblower who deliberately and
voluntarily gives false or misleading information in connection with conduct
constituting graft and corruption under this. If the offender is a public officer or
employee, the penalty of dismissal from the service and the accessory penalty of
perpetual absolute disqualification from holding, public office shall alsu be
imposed. In addition, the offender may be held criminally and civilly liable
under existing laws.

SEC. 22, Penalty for Unjustified Recantation. - The unjustifed recantation
of testimony by a whistieblower shail constitute an offense and shall be
punishable by a penalty of imprisorment of not less than four (4) years but not
more than six (6) years.

SEC. 23, Penalty for Reprisal against Whistleblower. ~ The penalty of
imprisonment of not less than (6) years but not more than twelve (12) years or a
tine of not more than One Hundred Thousand Pesos (Php100,000.00) or both at
the discretion of the court shall be imposed upon any person who shal} commit
any act of reprisal as defined in this Act against a whistleblower 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;

(®) 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) Seeking the arrest of another person in connection with the offense;

(4) Causing a criminal prosecution, or any proceeding for the revocation
of a parole or probation; and

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

In addition, the penalty of dismissal from the service and the accessory
penalty of perpetual absolute disqualification from holding public office shall be
imposed upon an offender whe is a public officer or employee,.

SEC. 24. Penalty for Violation of Confidentiality. — The penalty of
imprisonment of not iess than six (6) months but not more than six (6) years shall
be imposed upon any person who shall violate the protection of confidentiality
of a protected disclosure under Sections 10, 11, 13 and 16 of this Act. The
penaity of dismissal from the service and the accessory penalty of temporary
absolute disqualification from holding public office shail also be imposed upon
an offender who is a public officer ur employee. In addition, the offender shall
be civilly liable to indemnify the whistleblower or informant in such amount of
damages as may be awarded and deemed reasonable by a competent court.

SEC. 25. Penalty for Reprisal in the Workplace. - The penalty of
imprisonment of not more than six (6) years but not more than twelve (12) years
Shall be imposed upon any person who shall commit any act of reprisal in a
workplace as defined in this Act, against an employee who is a whistleblower or
believed or suspected to be one. The penalty of dismissal from the service and
the accessory penalty of temporary absolute disqualification from holding public
Office shall also be imposed upon an offender who is a public officer or
employee. In addition, the offender shall be civilly liable to indemnify the
whistleblower in such amount of damages as may be awarded and deemed
reasonable by a competent court.

Toward this end, an aggrieved whistleblower shall be entitled to the
Provisional remedy of injunction against any reprisal in the workplace,
prejudicial conduct, or discriminatory 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 Employ:nert for unfair or discriminatory practices,

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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,

SEC. 26. Penalty for Discriminatory Hiring The penaltv of
imprisonment of not more than six (6) months shall be imposed upon any person
or employer who shall deny a qualified applicant for employment, or who shal!
reject an application for employment solely on the ground that an applicant is a
whistleblower or informant for the State. IE the offender is a corporation,
partnership, association, or any juridical person, the penalty shall be imposed
upon the owner, president, pariner, manager, and/or any responsible officer
who participated in the commission of the offense

The penalty of dismissal from the service and the accessory penalty of
suspension of the right to hold public office shall also be imposed upon the
offender who is a public officer or employee.

In addition, the offender shall be civilly liable to indemnify the
whistleblower in such amount of damages as may be awarded and deemed
reasonable by a competent court.

SEC. 27. Failure of an Employer to Post Abstract. - The failure to post an
Abstract required under Section 19 of this Act shall constitute an offense and shal)
be punishable with a fine of One Hundred Thousand Pesos (Php 100,000.00) for
the first offense. The amount shall be doubled for every succeeding offense, and
punishable with imprisonment of not more than six (6) months at the discretion
of the court. For this purpose, the president, general manager, or head of
agency, office or bureau shall be held criminally liable and shall suffer the
accessory penalty of suspension of the right to hold public office,

SEC. 28. Failure to Act or Report to the Council. - Any person under
obligation to report a disclosure under this Act to the Council, who fails to do so
within a period of two (2) months, or who fails to act thereon or cause an
investigation thereof, shall be held liable and shall suffer the penalty of not more
than one (1) month imprisonment or a fine of not more than Fifty Thousand
Pesos (Php 50,000,00) at the discretion of the court.

SEC, 29. Whistleblower Benefits and Protection Council. - A

Whistleblower Benefits and Protection Council is hereby created composed of
the Overall Deputy Ombudsman as Chairperson, and the following as members:

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a) Prosecutor General, DOJ;

b) Special Prosecutor, Ombudsman;

©) Witness Protection Program Director of the Department of Justice;

a) Executive Director, Anti-Money Laundering Council;

¢) Director, Legal Service, Philippine National Police, in case the
respondent is a member thereof;

f) The Judge Advocate General of the Armed Forces of the Philippines, in
case the respondent is a member thereof;

g) A representative from the Civil society/NGO involved in anti-
corruption and good governance to be appointed by the Chairperson
of the Council, upon the recommendation of the members thereof;

h) A representative from the business sector to be appointed by the
Chairperson of the Council upon the recommendation of the
Philippine Chamber of Commerce and Industry.

The existing personnel of the Office of the Ombudsman shall serve as
Secretariat to the Council.

SEC. 30. Powers and Functions of the Council. - in addition to its powers
and functions under existing laws, the Council shall have the following powers
and functions:

(a) Monitor, coordinate and evaluate all efforts relative to the
implementation and enforcement of the provisions of this Act;

(b) Evaluate the disclosure and qualification of whistleblowers or
informants for coverage within this Act, and make the appropriate decision on
the: entitlement to the benefits extended herein;

(©) 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;

(d) Develop plans and implement programs to further encourage
whistleblowers or informants on graft and corrupt activities with a view to
effective deterrence and/or prosecution;

(e) Control and administer, consistent with the provisions and purposes of
this Act, the protection and benefits af whistleblowers in connection with the
cases within the coverage of Section 4 of this Act;


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(f) 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

{g) Grant immunity in accordance with the provisions of this Act and its
implementing rules and regulations.

SEC. 31. Appropriations. -- The amount necessary to carry out the
Provisions of this Act shall be included in the Annual General Appropriations

SEC. 32. Implementing Rules and Regulations, - The Council shall
promulgate such rules and regulations as maybe necessary to implement the
intent and purposes of this Act. Said rules and regulations shall be published in
two (2) newspapers of general circulation.

SEC. 33. Separability Clause. - If any portion or provision of this Act or
the application thereof shall be declared invalid or unconstitutional, the validity
of other parts or provisions not affected thereby shall continue to be in full force
and effect.

SEC. 34. Repealing Clause. ~ All laws, decrees, executive issuances, rules
and regulations inconsistent with this Act are hereby repealed or modified
accordingly

SEC. 35. Effectivity Clause, - This Act shall take effect after fifteen (15)
days following its complete publication in two (2) newspapers of general
circulation.

Approved,


FACT SHEET

House Bill Nos. 132, 452, 1832, 2140, 2471, 2675, 2922
(Approved by the Committee on Appropriations ~ November 16, 2014)

AN ACT PROVIDING FOR PROTECTION, SECURITY, AND
BENEFITS OF WHISTLEBLOWERS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

Iniroduced by: REPS. CASINO, COLMENARE®, ANGARA, TEODORO, RODRIGUEZ
R, RODRIGUEZ M., ARENAS, QUISUMBING, ESCUDERO it
Sommittee Referral: COMMITTEE ON JUSTICE
Committee Chairperson: REP. NIEL C. TUPAS, JR.

OBJECTIVES:

«To curtail graft and, corruption in government ahd to encourage persons to expose
graft and corruption, providing \ ewards. protection, and security to whistleblowers.

§ To safeguard national interest through the prosecution of corrupt ane erring public
officials and employees.

«To promote good governance.

KEY PROVISIONS:

s Defines a Whistleblower as an informant OF any person who has privileged of
personal knowiedge cr aceess to data, events OF information, of any conduct
constituting graft and corruption as defined under this Act.

= Mandates that _a whistleblower shall qualify as such if admitted  Inle the
Wristiebiower’s Program of the Office of the ‘Groudsman in accordance with this Act
and the Rules and Regulations

«Provides that a Memorandum of ‘Agreement setting the whistleblower responsibifity
etal be executed by tite person before he Fa be given protection under the Prograt)
Seat a preach therect shall be 3 ground aoe termination of the protection bemg

provided under this Act

«= Mandates that @ whistleblower who has made a disclosure under this Act shall not be
subject to any liability whether administrative, civi, criminal, or other proceedings for
tnaking such disclosure or acts in relation thereto.

«provides that any person whe commits any of the retallatory acts as defined une!
this act against a whisteblower shall be Thed or suffer imprisonment or both, and
Trail also suffer the penalty of perpetual disqualification from holding putlic office in

‘case of pubiic officer or employee.


© Grants to the Office of the Ombudsman additional powers and functions relative to the
implementation and enforcement of the provisions of this Act.

RELATED LAWS: t

«Republic Act No. 45 otherwige known 3S Making it Punishable for Public Officiats and
Employees to Receive, and for Private Persons to give gifts on any occasion,
including Christmas.”

«Republic Act No. 3019 otherwise known as the *Anti-Graft dnd ‘Corrupt Practices At

* Republic Act No. 713 otherwise known 25 “hn Act Bstablating & Cotle of Conduct
and Ethical Standards for Public Officials and Employees”

» Republic Act No. 7080 otherwise known as the “Anti- Plunder Law’

« Titles W and Vil of Book 2 of the Revised Penal Code on Crimés Against the

Fundamental Laws of the State and Crimes Gorarnitted by ‘Public Officers.
«Republic Act No, 6961 otherwise known as the “Witness Protection, Security and
Benefit Act’.