Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS.
Second Regular Session

House Bill No. 481 8

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO.

EXPLANATORY NOTE,

The Constitution in Section 27, Article II of the 1987 Constitution provides that the State shall

maintain honesty and integrity in the public service and take positive and effective measures against

graft and corruption.

Furthermore, Section 1, Article X! states that, "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, loyalty, and efficiency, act with patriotism and justice, and lead modest lives."

Having in mind the foregoing facts, this proposal seeks to provide sufficient protection to the
witnesses of misconduct who would experience retaliation from their superiors whom they expose. It is
observed that most “whistleblowers” are often fired or become ostracized from friends and co-workers,
They are likewise accused of having grievance with their employer or trying to profit from their
allegations and exposé. The fear generated by such retaliation creates a chilling effect on the willingness

of the people to come forward,

‘Thus,

and protecting the right of employees to speak about their employers’ misconduct on the job.

this measure aims to strengthen government and corporate accountability by supporting

In light of the foregoing, passage of this bill is earnestly sought.

Amt. To
MARCELINO “MARCY” R. TEODORO

Representative, I* District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

House Bit No,_ 48138

‘RODUCED BY HON. MARCELINO “MARCY” R. TEODORO.

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 shall be known as the "Whistleblower Protection,
Security and Benefit Act of 2014".

SECTION 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 an? high standards of integrity; in the public service;

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

(©) Encourage and facilitate the disclosure of corrupt conduct and practices in the public
service by providing benefits and protection to whistle blowers.

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

SECTION 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 “Making it Punishable for
Public Officials and Employees to Receive, and for Private Persons to
Give, Gifts on Any Occasion, Including Christmas”; and

(5) Title VI, Book Two of the Revised Penal Code on “Crimes
Committed by Public Officers”.

(b) Council 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'well 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, partnership, association, corporation or entity, hires an
employee as defined in this Act.

to the National Government and any of its
agencies or instrumentalities, including government-
owned and -controlled corporations and their subsidiaries, and the local
government units (LGUs). *

(8 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,

@ 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
whistle-blower or any of the members of the family and relatives up to
the second degree of consanguinity or affinity inchiding, 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 as
reprisal in the workplace.

(k) Reprisal in workplace refers to any discriminatory conduct or policies
against 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.

SECTION 4. Coverage. ~ Conduct constituting graft and
corruption, whether commenced or consummated before the effectivity of
this Act, refers to any 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 to 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 Vil, Book Two of the Revised Penal Code
on “Crimes Committed by Public Officers”.

SECTION 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:

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

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

() Such disclosure is necessary for an effective and successful
investigation or prosecution, or essential for the acquisition of material
evidence not yet in the possession of the Council;

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

and,

(¢) 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.

SECTION 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 success of an
investigation or the prosecution of a case, the whistleblower shall be
entitled to the additional benefits and protection under Republic Act No.
6981, otherwise known as the “Witness Protection, Security and Benefit
Act”,

SECTION 7. Memorandum of Agreement With the Whistleblower. -
As a prerequisite to the availment of the protection and benefits under
this Act, a whistleblower shail enter into a Memorandum of Agreement
with the Department of Justice (DOJ), which shall set forth the
whistleblower’s responsibilities including the following


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

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

(c) To take all necessary precautions to avoid detection by others of the
facts concerning the protection provided under this Act;

(d) To cooperate with respect to all reasonable requests of officers and
employees of the government who are providing protection under this
Act; and

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

SECTION. 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 to a whistleblower
concerned, stating therein the reason for such termination. In view
thereof, a whistleblower shall be afforded reasonable time to take
appropriate and necessary protection and security measures,

In addition, the whistleblower shall return all the financial rewards
received pursuant to Section 17 of this Act.

SECTION 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 disclosure 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 .procéeding taken
against the whistleblower by any person subject of a disclosure, by
reason thereof and acts in relation to 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 the disclosure or
information given to the proper authorities.

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

(a) Whistleblower’s identity;

(b) The subject matter of the disclosure; and

(c) 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.

SECTION 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 law, regulation, issuance, practice or other
convention, imposes 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 divulge any information that
may identify or tend to identify a whistleblower or informant or reveal the
subject matter of such disclosure, except under the following
circumstances:

(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

(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.

SECTION 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 disclosure.

Prohibited acts under this section inchide reprisals in the
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
files 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 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 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 (DOLE) in case of
a prolonged absence due to transfer or permanent relocation under this
Act or Republic Act No, 6981.

SECTION 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 law enforcement agency for assistance. Should, at anytime, the
identity of the whistleblower be revealed, or anonymity compromised, the
whistleblower may, upon the recommendation of the Council, be entitled
to the benefits of Republic Act No. 6981, in addition to the other benefits
‘under this Act.

SECTION 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,

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

Stages If the case is susceptible If the case is not

of pecuniary estimation susceptible of pecuniary
estimation

Upon admission P 200,000 P 100,000

Into the Program

Upon filing of the P 100,000 P 50,000

Case with the

Office of the

Ombudsman

Upon completion P 100,000 P 50,000

Of the testimony

Of the whistle-

blower

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.

SECTION 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 22 of this Act, be required to return
all the amounts received as financial rewards.

SECTION 19. Abstract. - All government agencies, offices, bureaus
and LGUs, _ 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 LGUs, including
government-owned and -controlled corporations, whether’ or not with
original 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 internal
procedure shall be widely disseminated to all the employees.

SECTION 20. Credibility of a Whistleblower, - In all cases, the fact
of the entitlement 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.

SECTION 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
Act. 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 also be imposed.
In addition, the offender may be held criminally and civilly liable under
existing laws.

SECTION 22. Penalty for: Unjustified Recantation, - The unjustified
recantation of testimony by a whistleblower shall constitute an offense
and shall be punishable by a penalty of imprisonment of not less than
four (4) years but not more than six (6) years,

SECTION 23. Penalty for Reprisal’ Against Whistleblower. ~ The
penalty of imprisonment of not less than six (6) years but not more than
twelve (12) years or a fine 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 shall 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 judicial or quasi-judicial body;

(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;


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

(a) Causing e criminal prosccution, 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 shali be imposed upon an offender who is a public officer or
employee.

SECTION 24, Penalty for Violation of Confidentiality, ~ The penalty
of imprisonment of not less thai 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 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 or informant in such amount of damages as
may be awarded and deemed reasonable by a competent court.

SECTION 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 the workplace es 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.

‘Towards 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’ disclosure.

‘The proceedings herein shall be independent of any action that an
aggrieved person may take before the Civil Service Commission or the
DOLE for unfair. or discriminatory practices, backwages, 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 26. Penalty for Discriminatory Hiring. - The penalty of
imprisonment of not more than six (6) months shail be imposed upon
any person or employer who shall deny a qualified applicant for
employment, or who shall reject an application for employment solely on
the ground that an applicant,is a whistleblower or informant for the
State. If the offender is a corporation, partnership, association, or any
juridical person, the penalty shall be imposed upon the owner, president,
partner, 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.

SECTION 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 shall be punishable with a fine of One hundred thousand
pesos (Php100,000,00) 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

SECTION 28, Failure to Act or Réport 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
suifer the penalty of not more than one (1) month imprisonment or a fine
of not more than Fifty thousand pesos (Php50,000.00) at the discretion
of the court. f

SECTION 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: :

{a) Prosecutor General, DOJ;

(b) Special Prosecutor, Ombudsman;

(C) Witness Protection Program Director, DOJ;

(d) Executive Director, Anti-Money Laundering Council;

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

() 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/nongovernment
organization involved in anti-corruption and good governance to be
appointed by the Chairperson of the Council, upon the
recommendation of the members thereof; and

(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.

SECTION 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:

(@) 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 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;

(a) 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 of whistleblowers in
connection with the cases within the coverage of Section 4 of this Act;

( 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.

SECTION 31. Appropriations. ~ The amount necessary to carry out
the provisions of this Act shall be included in the annual General
Appropriations Act.

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

SECTION 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.

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

SECTION 35. Effectivity Clause. ~ This Act shall take effect fifteen

(15) days following its complete publication in two (2) newspapers of
general circulation.

Approved,