FIFTEENTH CONGRESS OF THE REPUBLIC)
)

OF THE PHILIPPINES
First Regular Session )
SENATE,
no. 1883.

Introduced by Senator Miriam Defensor Santiago

EXPLANATORY NOTE

‘The government needs a new institutional mechanism for integrity and accountability to
avoid scandals and restore credibility in the public service. The litmus test for such reforms is the
government's treatment of whistleblowers.

Whistleblowers are the primary vehicle through which misconduct is exposed. But
witnesses to misconduct can expect retaliation for speaking out. Those who "blow the whistle"
are most often fired and become ostracized from friends and co-workers. They are accused of
having a grievance with their employer or trying to profit from their accusations. The fear
generated by such retaliation creates a chilling effect on the willingness of the people to come
forward.

Henée, this bill sceks to strengthen government and even corporate accountability by
supporting and protecting the right of employees to speak out about wrongdoing on the job.!

tiiw ater sind

, MIRIAM DEF!

| This bill was originally filed during the Fourteenth Congress, First Regular session.
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\
FIFTEENTH CONGRESS OF THE REPUBLIC ) OFFICE OF
)

OF THE PHILIPPINES.
First Regular Session )

ono 1883

Introduced by Senator Miriam Defensor Santiago

AN ACT
ESTABLISHING A WHISTLEBLOWER BILL OF RIGHTS

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

SECTION 1. Short Title. - This Act shall be known as the “Whistleblower Protection
Act.”

SECTION 2. Definitions. -As used in this Act:

(A) “Employer” means any individual, partnership, association, corporation, or any
person or group of persons acting directly or indirectly, and shall also include any public or
privately owned corporation, all branches of government, or any other political subdivision, or a
school district, or any special district, or any authority, commission, or board, or any other
agency or instrumentality thereof. Employer shall also include agents, contractors, or
subcontractors of an employer.

(B) “Employee” means any individual who performs services for or under the control and
direction of an employer for wages or other remuneration. Employee shall also include
applicants for employment, former employees, or an unauthorized representative of an employee.

(C) “Public body” means:

(a) the Congress, or any popularly-elected local governmental body, or any member or
employee thereof;

(b) the judiciary, or any member or employee thereof;

© any regulatory, administrative or public agency, or authority, or instrumentality
thereof |

(@) any law enforcement agency, prosecutorial office, or police or peace officer;

(© any department of an executive branch of government; or

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(® any division, board, bureau, office, committee, or commission of any of the public
bodies described in the above paragraphs of this section.

(D) “Supervisor” means any individual with an employer's organization who has the
authority to direct and control the work performance of the affected employee or who has
authority to take corrective action regarding the violation of the law, rule, or regulation of which
the employee complains.

(B) “Retaliatory action” means the discharge, suspension, demotion, harassment,
blacklisting, or the refusal to hire an employee, or other adverse employment action taken against
an employee in the terms and conditions of employment, or other actions which interfere with an
employee's ability to engage in protected activity set forth in pertinent laws.

(F) “Improper quality of patient care” means, with respect to patient care by an employer
that is a health care provider, any practice, procedure, action, or failure to act which violates any
law or any rule, regulation, or declaratory ruling adopted pursuant to law, or any professional
code of ethics.

SECTION 3. Protected Activity. - An employer shall not take any retaliatory action
against an employee because the employee does any of the following:

(A)Discloses, threatens to disclose, or is about to disclose to a supervisor or to a public
body, an activity, policy, or practice of the employer, a co-employee, or another employer, that
the employee reasonably believes is in violation of.a law or a rule or regulation promulgated
pursuant to law, or, in the case of an employee who is a licensed or certified health care
professional, reasonably believes constitutes improper quality of patient care.

(B)Provides information to, or testifies before, any public body conducting an
investigation, hearing, or inquiry into any violation of law, or a rule or regulation promulgated
pursuant to law by the employer or another employer, or, in the case of an employee who is a
licensed or certified health care professional, provides information to, or testifies before, any
public body conducting an investigation, hearing, or inquiry into the quality of patient care.

(C)Discloses, threatens to disclose, or is about to disclose to a supervisor or to a public

body, an activity, policy, or practice of the employer, a co-employee, or another employer, that


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the employee reasonably believes is incompatible with a clear mandate of public policy
concerning the public health and safety or welfare or protection of the environment.

(D)Assists or participates in a proceeding to enforce the provisions of this law.

(E) Objects to, opposes, or refuses to participate in any activity, policy, or practice which
the employee reasonably believes -

(1) is in violation of a law, or a rule or regulation promulgated pursuant to law ot, if the
employee is a licensed or certified health care professional, constitutes improper quality of

patient care;

(2) is fraudulent or criminal;

or

3) is incompatible with a clear mandate of public policy conceming the public health,
safety or welfare or protection of the environment.

SECTION 4. Forum, - Upon a violation of any of the provisions of this Act, an aggrieved
employee or former employee may, within one (I) year, institute a civil action in a court of
competent jurisdiction.

SECTION 5. Burden of Proof - A violation of this statute has occurred only if the
employee demonstrates, by a preponderance of the evidence that any behavior described in
Section 3 was a contributing factor in the retaliatory action alleged in the complaint by the
employee, However, relief may not be ordered under Section 6 if the employer demonstrates by
clear and convincing evidence that it would have taken the same unfavorable personnel action
(retaliatory action) in the absence of such behavior.

SECTION 6. Remedies. - All remedies available in tort actions shall be available to the
prevailing plaintiffS. The coutt shall also, where appropriate, order:

(A) An injunction to restrain continued violation of this Act;

(B) The reinstatement of the employee to the same position held before the retaliatory
action, of to an equivalent position;

(C) The reinstatement of full fringe benefits and seniority rights;

(D) The compensation for lost wages, benefits, and other remuneration;

(B) The payment by the employer of reasonable costs, and attomey’s fees; or

(F) Compensatory or exemplary damages.

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SECTION 7. Posting. - An employer shall conspicuously display notices of its
employees’ protections and obligations under this Act.

SECTION 8. Preemption. - Nothing in this Act shall be deemed to diminish the rights,
privileges, or remedies of any employee under any law or regulation or under any collective
bargaining agreement or employment contract. No employee may waive through a private
contract any right set forth in this Act, except as set forth in Section 9, and no employee may be
compelled to adjudicate his or her rights under this Act pursuant to a collective bargaining
agreement or any other arbitration agreement.

SECTION 9. Settlement. - The rights afforded employees under this Act may not be
waived or modified, except through a court approved settlement agreement reached with the
voluntary participation and consent of the employee and employer. An employer may not require
an employee ‘to waive, as a condition of settlement, his or her right to reasonably engage in
conduct protected under Section 3 of this Act.

SECTION 10. Separability Clause. - If any provision, or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SECTION 11. 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 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,