FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
INTRODUCED BY SEN. M~NNY VILLAR 
EXPLANATORY NOTE 
Article 11 Section 1 of the Constitution provides that: 
. 
I 
i9 JUl-/3 P4 :30: 
"Public office is a public trust. Public officers and employees 
must at a/l times be accountable to the people, serve them with 
utmost responsibility, integrity and efficiency, act with patriotism 
and justice and lead modest lives. " 
However, there were many instances that public officers and employees 
fail to live up with the above mandate of the Constitution. Graft and corruption 
become very prevalent in the country making the Philippines as one of the most 
corrupt countries in Asia. 
In order to fight corruption, proper and complete protection has to be 
accorded to credible and reliable witnesses who come forward to unveil the 
wrong doings of public officials and employees: With the passage of this bill, it is 
expected that corruption will be lessened if not eradicated. 
In view of the foregoing, the approval of this bill is earnestly requested. 
MANNYVLLAR 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill Nol 0 6 3 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
• 
I 
1 i.l 
JUL'.,./3 f!t>4 :30, 
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. Title. This Act shall be known as the "Whistleblower Act of 
2010". 
SECTION 2. Declaration Policy. Public office is a public trust. Public 
officers and employees must at all times be accountable to the people, serve 
them with utmost responsibility, integrity and efficiency, act with patriotism and 
justice and lead modest lives. 
. 
SECTION 3. Definition of Terms. For purposes of this Act, the following 
terms shall be defined as follows: 
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 considerE;d as employee under the Labor 
Code. 
c. 
EmpJoyer- shall mean any individual, partnership, association, 
corporation or entity, including ~he government, or any person or 
2 


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 and the Local Government. 
e. 
Whistleblower- shall refer to an informant or any person who has 
privileged or personal knowledge or access to date, events or 
information and who shall deliberately disclose any individual, 
collective or organized conduct of any public officer/so 
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, unwanted criticisms or avoidance by 
co-employees, blacklisting from other job opportunities or 
prejudicial transfers by reason of disclosure made under this Act. 
i. 
Qualified Whistleblower- shall 'mean an informant or any person 
qualified and admitted into the Whistleblower's Program of the 
Office of the Court Administrator under the supervision of the 
Supreme Court in accordance with this Act and the Rules and 
Regulations. 
' 
SECTION 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: 
a. 
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; 
b. 
Republic Act No. 3019 otherwise known as "Anti-Graft and 
Corrupt Practices Act"; 
C. 
Republic Act No. 6713 otherwise known as "An Act Establishing 
a Code of Conduct and Ethical'Standards for Public Officials and 
Employees". 
' 
3 


d. 
Republic Act No. 7080 otherwise known as the "Anti-Plunder 
Law". 
. 
e. 
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" .. 
SECTION 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; 
c. The disclosure is not yet subject of a complaint filed with the 
Office of the Ombudsman or investigated by any other 
investigating agency unless 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 or 
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. 
SECTION 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 Court Administrator 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. 
SECTION 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 involves in the offense subject matter 
thereof; 
b. To avoid a 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. 
SECTION 8. 
Breach of the Memorandum of Agreement- Substantial 
breach of the Memorandum of Agreement shall be ground for the termination of 
the protection order under this Act; Provided, however, that before terminating 
4 


the same, the Office of the Court Administrator 
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. 
SECTION 9. Protection Against other Actions.- A whistleblower 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 
agencylbody. 
This protection shall also operate as irn,munity 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. 
SECTION 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. 
SECTION 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 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. 
SECTION 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. 
SECTION 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 Court Administrator, '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. 
5 


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. 
SECTION 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 provisions of this Act shall likewise be protected from 
reprisals and retaliatory action in the workplace. 
For purpose of this protection, an ap'plicant 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 Court Administrator, within a 
period of thirty (30) days, from the date when the informant last reported for work. 
Provided further that an employer shall h{3ve the option to remove such 
whistleblower from employment after securing a clearance from the Office of the 
Court Administrator 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. 
SECTION 15. 
Security and Protection of a Whistleblower -
When 
determined to be necessary and appropriate by the Office of the Court 
Administrator, 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 RA 6981 . 
SECTION 16. Confidentiality of the Proceedings -
All proceedings 
involving application and/or enjoyment of the benefits under this Act, under the 
Office of the Court Administrator, 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 Court 
Administrator, and provided such disclosure shall not endanger the life of a 
qualified whistleblower. 
6 


SECTION 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 MOST SENIOR 
FINACIAL REWARD OF QUALIFIED 
RESPONDENT 
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 Court Administrator, fifty percent (50%) of the reward shall be 
given to the qualified whistleblower. The remaining fifty percent shall be given 
prior to the filing of a case in a proper court. 
For cases susceptible to pecuniary estimation, such a 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. 
SECTION 18. 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, including the obligations 
of employers under this Act. Such abstract shall be provided in the Rules and 
Regulations 
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 whistleblowers, consistent with the provisions of this Act and the 
Rules and Regulations, Said internal procedure shall be widely disseminated to 
all employees. 
7 


SECTION 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 Cat shall not be admissible in evidence to diminish or 
affect his credibility. 
SECTION 20. Penalty for Retaliatory Acts Against a Whistleblower - 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 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 (Pi 00, 
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. 
. 
SECTION 21. Violation of Confidentiality - Any person who violated the 
protection of confidentiality of a protected disclosure under Sections 10, 11, 12 
and 15 of this Act, shall suffer the 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. 
SECTION 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 suff~r 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 maybe 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 whistleblower's 
disclosure. 
The proceedings herein shall be independent of any action that an 
aggrieved person may take before the Ci,vil 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 may 
or may not have arisen from a disclosure or believed or suspected disclosure. 
SECTION 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 
8 


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. 
SECTION 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. 
' 
SECTION 25. Failure to Act or Report to the Office of the Court 
Administrator- Any person under obligation to report a disclosure under this Act 
to the Office of the Court Administrator, 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) 
imprisonment, and/or a fine amounting to nof more than Fifty thousand Pesos 
(Ph- All government agencies, offices, bureaus and local government units, 
including government-owned or controlled c~rporations, whether or not with 
original charters (Php 50,000.00). 
SECTION 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 
office or employee, in addition to other criminal and civil liability he may incur 
under existing laws. 
SECTION 27. 
Powers and Functions of the Office of the Court 
Administrator - In addition to its powers and functions under existing laws, the 
Office of the Court Administrator 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) 
Evaluate the qualification of whistleblowers or informants for 
coverage within this Act, and make the appropriate decisions on 
their entitlement to the benefits extended herein; 
(c) 
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 for 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 purpose 
of this Act, the protection and benefits of whistleblowers in 
connection with the cases within the coverage of Section 4 of this 
Act; 
(f) 
Call upon, or deputize any department, bureau, office or nay other 
government agency or public official to assist in the effective 
implementation and enforcement 'of this Act; 
9 


(g) 
Grant immunity in accordance with the provisions of this Act and its 
implementing rules and regulation. 
SECTION 28. Implementing Rules and Regulations - The Office of the 
Court Administrator shall promulgate such Rules and regulations as maybe 
necessary to implement the intent and purpqses of this Act. Said Rules and 
Regulations shall be published in two (2) newspapers of general circulation. 
SECTION 29. Repealing Cause - All laws, decrees, executive issuances, 
rules and regulations inconsistent with this Act are hereby repealed or modified 
accordingly. 
SECTION 30. Funding - The amount of One Hundred Million Pesos (Php 
100,000,000.00) 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 Act. 
Other funding schemes or sources, !;iubject to the limitation, shall be 
allowed in furtherance hereof. 
SECTION 31. Separability Clause, • The declaration of unconstitutionally 
or invalidity of any provision of this Act shall not affect the other provision hereof. 
SECTION 32. Effectivity Date - This Act shall take effect after fifteen (15) 
days following its publication in two (2) newspapers of general circulation. 
Approved, 
10