FOURTEENTH CONGRESS OF THE F33PIJEjLIC) 
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OF THE PHILIPPINES 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution Article 11, Section 27, provides that: “The State shall maintain honesty 
and integrity in the public service and take positive and effective measures against graft and 
corruption.” 
Graft and corruption still abound and continue despite laws imposing severe penalties for 
their violation. One reason why many corrupt acts go unreported is because potential witnesses 
fear reprisals from the perpetrators. Accordingly, the government must encourage potential 
witnesses to come out with information by providing them adequate protection from reprisals. 
This bill seeks to provide protection to employees who may have information relating to 
a substantial violation of law related to a public contract, including the competition for or 
negotiation of a contract from reprisals of their employers.* 
’ This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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117. 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR PROTECTION FROM REPRISALS TO EMPLOYEES OF 
CONTRACTORS FOR DISCLOSURE OF INFORMATION RELATING TO SUBSTANTIAL 
VIOLATION OF LAW RELATED TO PUBLIC CONTRACTS 
INCLUDING THE COMPETITION FOR NEGOTIATION OF A CONTRACT 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. -This Act may be cited as “Protection from Reprisals Act.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to maintain honesty 
and integrity in the performance and negotiations of public contracts by encouraging employees 
of contractors, who had been awarded a public contract, to disclose information related to a 
substantial violation of law related to a coiltract including the competition for negotiation of a 
contract. 
SECTION 3. DeJinition of Terms. - As used in this Act, the term 
(A) “Contract” means a contract awarded by the head of an executive agency; and 
(B) “Contractor” means aperson awarded a contract with an executive agency. 
SECTION 4. Prohibition of Reprisals. - An employee of a contractor may not be 
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a member 
of Congress or an authorized official of an executive agency or the Depatment of Justice 
information relating to a substantial violation of a law related to a contract, including the 
competition for or negotiation of a contract. 
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SECTION 5. Investigation of Complaints. -A person who believes that an employee has 
been subjected to a reprisal prohibited by Section 4 of this Act may submit a complaint to the 
executive agency who awarded the contract. 
Unless the officer designated by the Head of the concerned executive agency determines 
that the complaint is frivolous, he shall investigate the complaint and, upon completion of such 
investigation, submit a report of the findings of the investigation to the person, the contractor 
concerned, and the head of the agency. 
SECTION 6. Remedy and Enforcement Authority. - If the head of an executive agency 
determines that a contractor has subjected a person to reprisal prohibited by Section 4 of this Act, 
the head of the executive agency may take one or more of the following actions: 
(A) Order the contractor to take affirmative action about the reprisal; 
(B) Order the contractor to reinstate the person to the position that the person held 
before the reprisal together with compensation (including back pay), employment 
benefits, and other terms and conditions of employment that would apply to the 
person in that position if the reprisal had not been taken; and 
(C) Order the contractor to pay the complainant an amount equal to the aggregate 
amount of all costs and expenses, including attorney’s fees and expert witnesses’ 
fees that were reasonably incurred by the complainant for, or in connection with, 
bringing the complaint regarding the reprisal, as determined by the head of the 
executive agency. 
Whenever a person fails to comply with an order issued pursuant to this Section, the head 
of the executive agency shall file an action for enforcement of such order in the appropriate court 
for the district in which the reprisal was found to have occurred. 
SECTION 7. Construction. - Nothing in this section may be construed to authorize the 
discharge of, demotion of, or discrimination against an employee for a disclosure other than a 
disclosure protected by Section 4 of this Act or to modify or derogate from a right or remedy 
otherwise available to the employee. 
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SECTION 8. Separability Clause. - If any provision or part hereof, i s  held invalid or 
unconstitutional, the reminder of the law of the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspaper of general circulation. 
Approved, 
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