, 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No.2 8 36 
'11 
11AY 23 P 3 :55 
Introduced by SENATOR LACSON 
EXPLANATORY NOTE 
Corruption remains to be a 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 seeks to encourage whistleblowers to come out in the 
open and put an end to the corrupt practices of some government officials or 
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 of retaliation 
or ostracism and establish a rewards and benefits system 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 wreak more havoc into our society. 
In view of the above premises, the immediate approval of this bill is urgently 
sought. 
PA~~SON 
._.Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
']1 
MAY 23 P 3 :55 
SENATJi' 
S.B. No. ~836 
Introduced by: Senator Panfilo M. Lacson 
"AN ACT 
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF 
WHISTLEBLOWERS AND FOR OTHER PURPOSES." 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Name of the Act. - This Act shall be known as the "Whistleblower 
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; 
(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. 
Nothing 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. 
mean: 
Sec. 3. 
Definition of Terms. - As used in this Act, the following terms shall 
(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.) 
Republic Act No. 3019; 
2.) 
Republic Act No. 6713; 
3.) 
Republic Act No. 7080; 
4.) 
Presidential Decree No. 46; 
5.) 
Titles II and VII of Book Two of the Revised Penal Code. 
(b) 
"Employee" shall 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 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-owned 
and controlled corporations and their subsidiaries, including the different 
Local Government Units. 
(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 graft and 
corruption as defined under this Act. 
(f) 
"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 workplace" shall refer to any discriminatory 
conduct or policies 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 transfers by reason of the disclosure 
made under this Act. 
(i) 
"Qualified Whistleblower" shall mean an informant or any person 
qualified and admitted into the Whistleblower's Program of either the 
Office of the Ombudsman or Senate/House of Representatives in 
accordance with this Act and its Implementing rules and regulations. 
Sec. 4. 
Coverage. -
Conduct constituting graft and corruption, whether 
commenced or consummated before the effectivity of this Act, shall mean any conduct, 
acts or omissions of public officers and employees solely, or in cooperation or 
conspiracy with private persons, which are covered by, or amount to violations of: 
1.) 
Presidential Decree No. 46 otherwise known as "Making it Punishable for 
Public Officials and Employees to receive, and for Private Persons to 
Give, Gifts on any Occasion, including Christmas"; 
2.) 
Republic Act No. 3019 otherwise known as "Anti-Graft and Corrupt 
Practices Act"; 
3.) 
Republic Act No. 6713 otherwise known as "An Act Establishing a Code of 
Conduct and Ethical Standards for Public Officials and Employees"; 
4.) 
Republic Act No. 7080 otherwise known as the "Anti-Plunder Law"; 
5.) 
Titles II and VII of Book Two of the Revised Penal Code on "Crimes 


Against the Fundamental Laws of the State and Crimes Committed by 
Public Officers". 
Sec. 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; 
(e) 
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, such disclosure is necessary for an 
effective and successful investigation or prosecution, or essential for the 
acquisition of material evidence not yet in its possession; 
(d) 
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 or enjoyment of the benefits of this Act. In the 
event that the whistleblower's testimony is required as found by the Office of the 
Ombudsman to be necessary and indispensable for the successful prosecution of a 
case, he shall be entitled to the additional benefits and protection under Republic Act 
No. 6981 otherwise known as the Witness Protection Program. 
Sec. 7. Memorandum of Agreement with the Person to be Protected. -
Before a person is provided protection as a whistleblower or informant for the State, he 
shall first execute a Memorandum of Agreement which shall set forth his/her 
responsibilities including the following: 
(a) To 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 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 cooperate with respect to all reasonable requests of officers and 
employees of the government who are providing him/her protection under this 
Act; and 
(e) To regularly inform the appropriate program official of his 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 termination of the protection 
provided under this Act; Provided, however, that before terminating the same, the 
Ombudsman shall send notice to a whistleblower concerned, stating therein the reason 
for such termination. Reasonable time shall be afforded the informant to take the 
appropriate and necessary measures for his/her protection and security in view thereof. 
Sec. 9. 
Protection against other Actions. -
A whistle blower or any 
person who has made a disclosure under this Act shall not be 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 
of the disclosure, by reason thereof and acts in relation to the subject of disclosure. 
Sec. 10. Defense of Privileged Communication. - A whistleblower or any 
person who has made a 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. 
Sec. 11. Confidentiality. - Except insofar as allowed by this Act, during and 
after the disclosure, and throughout and after any proceeding taken thereafter, a 
whistleblower or an informant 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/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 has taken means 
and measures obviously intended to preserve his anonymity. 
Sec. 12. No Breach of Duty of Confidentiality. - An informant who has made a 
disclosure under this Act on whom a 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. 
Sec. 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. 
Sec. 14. Protection against Disciplinary Action or Reprisals. -
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 include retaliatory action in the workplace or 
prejudicial conduct towards the whistleblower, such as: discriminatory actions behind 
policies and procedures, reprimand, punitive transfers, unwarranted referral to a 
psychiatrist or counselor, and undue poor performance reviews. Other prejudicial 
conducts include obstruction of an investigation, withdrawal of essential resources, 
undue reports and the attachment of unfair personnel file notes. 
To this end, any employer who shall discourage and impose sanctions on 
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 an 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 
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 Office of the Ombudsman, within a 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 absence due to transfer or permanent 
relocation under this Act or RA 6891. 
Sec. 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. 
Sec. 16. Confidentiality of the Proceedings. 
-
All proceedings involving 
application and/or enjoyment of the benefits under this Act, under 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 provided such disclosure shall 
not endanger the life of a qualified whistleblower. 
Sec. 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 schedule: 
SALARY GRADE OF 
FINANCIAL REWARD OF 
MOST SENIOR RESPONDENT 
QUALIFIED WHISTLEBLOWER 
33 
5,000,000 
32 
4,000,000 
31 
3,000,000 
30 
2,500,000 
29 
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 
14-15 
300,000 


12-13 
200,000 
10-11 
100,000 
5-9 
75,000 
1-4 
50,000 
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. The remaining fifty percent (50%) shall be given prior to the 
filing of a 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 (10%) 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. 
Sec. 18. Abstract. 
-
All government agencies, offices, bureaus and local 
government units, including government-owned or controlled corporations, whether or 
not with original charters and the different local government units, 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. 
These entities 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. 
Sec. 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 credibility. 
Sec. 20. Penalty for Retaliatory Acts Against a Whist/eblower. - 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) Seeking the arrest of another person in connection with the offense; 
(d) Causing a criminal prosecution, or a proceeding for the revocation of a parole 
or probation; 
(e) Performing and enjoying the rights and benefits under this Act or attempt to 
do so. 
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. 


Sec. 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. 
Sec. 22. Retaliatory Action in the Workplace. - Any person who shall commit 
any retaliatory act in a workplace as defined in this Act, against an employee who is a 
whistleblower or an informant or believed or suspected to be one, shall be guilty of an 
offense and shall suffer the penalty of not more than six (6) months imprisonment with 
the accessory penalty of suspension of the right to hold 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 discriminatory treatment by reason of the 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 mayor may not have arisen from a 
disclosure or believed or suspected disclosure. 
Sec. 23. 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. 
Sec. 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 (P100,000.00) 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. 
Sec. 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). 
Sec. 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: 
(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 whistleblowers or informants 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 whistleblowers 
or informants on graft and corrupt activities with a view to effective deterrence 
and/or prosecution; 
(f) Control and administer, consistent with the proVisions and purpose of this Act, 
the protection and benefits of whistleblowers 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; 
(h) Grant immunity in accordance with the provisions of this Act and its 
implementing rules and regulation. 
Sec. 
28. Legislative Whistleblower Program -
In order to encourage 
witnesses of acts constituting graft and corruption to testify before any legislative 
investigations in aid of legislation, the Senate and/or the House of Representatives may 
establish a joint or separate program for the benefit and protection of a whistleblower. 
Consistent with the provisions of this Act, the Senate and the House of Representatives 
shall promulgate the necessary rules and regulations for the proper implementation of 
the program; Provided, That, the whistleblower or informant may only be admitted to the 
program upon the recommendation of the Committee where his/her testimony is needed 
and upon approval of the Senate President or the Speaker of the House of 
Representatives, as the case may be; Provided, Further, That, the admission in the 
legislative whistleblower program shall not be a bar for admission to the program for 
whistleblowers of the Office of the Ombudsman with the same rights and privileges 
including the right to the monetary reward provided for therein; Provided, Finally, That, 
the grant of monetary reward by either the Congress or the Ombudsman will prevent the 
whistleblower from recovering the said monetary reward twice. 
Sec. 29. Implementing Rules and Regulations. 
-
The Office of the 
Ombudsman 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. 
30. 
Funding. 
-
The 
amount of One 
Hundred 
Million 
Pesos 
(Php100,OOO,OOO.OO) is hereby authorized to be appropriated out of any funds in the 
National Treasury not otherwise appropriated to carry into effect the purpose of this 
Other funding schemes or sources, subject to the limitation, shall be allowed in 
furtherance hereof. 
Sec. 31. Repealing Clause. - All laws, decrees, executive issuances, rules and 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 


• 
Sec. 32. Separability Clause. -
The declaration of unconstitutionality or 
invalidity of any provision of this Act shall not affect the other provision hereof. 
Sec. 33. Effectivity Date. - This Act shall take effect after fifteen (15) days 
following its publication in two (2) newspapers of general circulation. 
Approved,