. 
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) 
) 
i~/flrr of HI!' ~~Fn('brij 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
'11 
JUN -1 
P 3 :52 
SEN ATE 
HEC'EIVEB B~ 
COMMITTEE REPORT NO, 
47 
Submitted jointly by the Committees on Justice and Human Rights and Finance on 
(JUN - 1 2011 
. 
Re: 
Senate Bill No. ___ 2:...:....::8:...;6=-0",,--, 
Recommending its approval in substitution of Senate Bill Nos. 1063, 1883, 2112 and 
2836 taking into consideration Senate Bill No's 187, 2173 and 2368 
Sponsor: Senator Escudero 
MR. PRESIDENT: 
The Committees on Justice and Human Rights and Finance to which were 
referred Senate Bill No. 1063, introduced by Senator Manny Villar entitled: 
"AN ACT 
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF 
WHISTLEBLOWERS AND FOR OTHER PURPOSES" 
S.No. 1883, introduced by Senator Miriam Defensor Santiago, entitled: 
"AN ACT 
ESTABLISHING A WHISTLEBLOWER BILL OF RIGHTS" 
S.No. 2112, introduced by Senator Francis G. Escudero, entitled: 
"AN ACT 
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF 
WHISTLEBLOWERS" 


And S.No. 2836, i~troduced by Senator Panfilo M. Lacson, entitled: 
"AN ACT 
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF 
WHISTLEBLOWERS AND FOR OTHER PURPOSES" 
taking into consideration, S. No. 187, introduced by Senator Antonio F. Trillanes, IV, 
entitled: 
"AN ACT 
AMENDING REPUBLIC ACT NO. 6981 OTHERWISE KNOWN AS THE "WITNESS 
PROTECTION, SECURITY AND BENEFIT ACT" 
S. No. 2173, introduced by Senator Francis N. Pangilinan, entitled: 
"AN ACT 
AMENDING REPUBLIC ACT NO. 6981 OTHERWISE KNOWN AS AN ACT 
PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT 
PROGRAM AND FOR OTHER PURPOSES." 
And S. No. 2368, introduced by Senator Francis G. Escudero, entitled: 
"AN ACT 
AMENDING REPUBLIC ACT NO. 6981, OTHERWISE KNOWN AS THE 
"WITNESS PROTECTION, SECURITY AND BENEFIT ACT" 
have considered the same and have the honor to report them back to the Senate with 
the recommendation that the attached Senate Bill No. 
2860 , prepared by the 
Committees, entitled: 
"AN ACT 
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF 
WHISTLEBLOWERS" 
be approved in substitution of Senate Bill Nos. 1063, 1883, 2112 and 2836 taking into 
consideration Senate Bill No's 187, 2173 and 2368 with Senators Villar, Defensor-
Santiago, Escudero, Lacson, Trillanes, Pangilinan and Drilon as authors thereof. 


Respectfully Submitted: 
't 
KLIN M. DRILON 
Comtnitte 0 
Finance 
Member, tt. On Justice 
Chairmen: 
Members: 
mittee on Justice and Human Rights 
~~ 
SEN. LOREN B. LE~A~~ 
Cttes. on Justice & Finance 
;J J'VtVl )1-/ 
SEN. SERGIO R. OSMENA III 
CUes. on Justice & Finance 
OF. TRILLANES IV 
SEN. FRANCIS G. ESCUDERO 
Committee on Justice and Human Rights 
Member, Cite. On Finance 
\ 
Otes. on Justice 
G" REVILLA, JR. 
,..,....,.,0 
SEH'lNUEL "LITO" M. LAPI~A 
Ctte. on Finance 
to 


SEN. FERDINA DR. MARCOS, JR. 
Inn"""'" N. PANGILINAN 
CUe. on Finance 
Lvh'~~ 
SEN. MIR~M D FENS 
-SAN 
AGO 
CUe. on Finance 
, 
Ex-Officio Members: ~~~~ 
, ~ 
~,: 1;v-' 
~~~~:;;:;~ 
V;~ 
SEN. ALAN PETER S. CAYETANO 
Senate Minority Floor Leader 
HON. JUAN PONCE ENRILE 
Senate President 
Senate of the Philippines 
Pasay City 
. SOTTO III 
Senate Majority F oar Leader 


;Scmdl' 
t~fhri oj tile ~~fn'fbru 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
'11 
,JUN -1 
P 3 :52 
SENATE 
S.B.No. 2860 
Prepared Jointly by the Committees on Justice and Human Rights and Finance with 
Senators Villar, Defensor-Santiago, Escudero, Lacson, Trillanes, Pangilinan and 
Drilon as authors thereof. 
AN ACT 
PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF 
WHISTLEBLOWERS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Whistleblower 
2 
Protection Act of 2011." 
3 
SEC. 2. Declaration of Policy. - Public Office is a public trust. It is the policy of the 
4 
State to promote and ensure full accountability in the conduct of its officers and 
5 
employees, and exact full retribution from those who shall engage in improper conduct. 
6 
Toward this end, the State shall: 
7 
(A)Main~in honest and high standards of integrity in the public service; 
8 
(B) Safeguard the national interest through the prosecution of corrupt and erring 
9 
public officials and employees; and 
10 
(C) Encourage and facilitate the disclosure of corrupt conduct and practices in 
11 
the public service by providing benefits provided in existing laws. 
12 
SEC. 3. Definitions. -As used in this Act: 
13 
(A) "Employer" shall mean any individual, partnership, association, corporation 
14 
or entity, including the government, or any person or group of persons who shall 
15 
directly. or indirectly for or on behalf of said individual, partnership, association, 
16 
corporation or entity, employ an employee as defined in this Act. 
17 
(B) "Employee" shall mean any person who is made to work by, or who renders 
18 
service for, an employer. The term shall include public officers and employees as 
19 
defined in this Act as well as any person considered an "employee" under the Labor 
20 
Code. 
1 


1 
(C) "Public officer/employee" shall refer to any person holding any office or 
2 
performing any function or duty in the Government of the Republic of the Philippines 
3 
by virtue of an appointment, election or contract. 
4 
(D) "Government" shall include the National Government, and any of its 
5 
subdivisions, agencies or instrumentalities, including government-owned and 
6 
controlled corporations and their subsidiaries, and Local Government Units. 
7 
(E) "Retaliatory action" 
shall refer to any negative or obstructive response, 
8 
reaction or reprisal to a disclosure made under this Act aimed at, pertaining to, or 
9 
against a whistleblower or any of the members of his/her family and relatives up to the 
10 
fourth civil degree of consanguinity or affinity. Said actions shall include criminal, civil 
11 
or administrative proceedings commenced or pursued against said whistleblower or 
12 
any of the members of his/her family or relatives up to the fourth civil degree of 
13 
consanguinity or· affinity as well as any retaliatory action in the workplace. 
14 
(F) "Retaliatory action in the workplace" shall mean any discriminatory conduct 
15 
or policies which affect promotion or job assignment including undue negative 
16 
performance appraisal, close monitoring by supervisors, unwarranted criticisms or 
17 
avoidance by co-employees, blacklisting from other job opportunities or prejudicial 
18 
transfers by reason of a disclosure made under this Act. 
19 
20 
(G) "Acts constituting improper conduct" shall mean any act or omission of a 
21 
public officer or employee solely, or in cooperation, conspiracy with, or with the 
22 
assistance of, private persons which is covered by or constitute a violation of: 
23 
24 
(1) Presidential Decree No. 46 otherwise known as "Making it punishable 
25 
for Public Officials and Employees to receive, and for Private persons to give, gifts on 
26 
any occasion, including Christmas;" 
27 
28 
(2) Republic Act No. 3019 otherwise known as "Anti-Graft and Corrupt 
29 
Practices Act;" 
30 
31 
(3) 
Republic Act No. 6713 otherwise known as "An Act Establishing a 
32 
Code of Conduct and Ethical Standards for Public Officials and Employees;" 
33 
34 
(4) Republic Act No. 7080 otherwise known as the" Anti-Plunder Law;" 
35 
36 
(5) Title VII of Book Two of the Revised Penal Code on Crimes Committed 
37 
by Public Officers; and 
38 
39 
(6) All other laws which penalize or sanction any act or omission of a 
40 
public officer or employee. 
41 
42 
(H) "Whistleblower" shall refer to any person who has personal knowledge or 
43 
access to any data, information, fact or event constituting improper conduct; Provided 
44 
that such person must not have any direct participation in such improper conduct, or in 
45 
cases where such person participated in any improper conduct, such person is not the 
46 
most guilty and shall therefore qualify as a state witness against the persons subject of 
47 
such disclosure .. 
48 
2 


1 
(I) "Qualified Whistleblower" shall mean a whistleblower qualified and admitted 
2 
into the Whistleblower's Program of the Implementing Agency in accordance with this 
3 
Act and its implementing rules and regulations. 
4 
5 
G) "Implementing Agencies or Agency" shall collectively or individually refer to 
6 
the Department of Justice (DOJ), the Office of the Ombudsman, the Commission on 
7 
Human Rights (CHR), and the Public Attorney's Office (PAO). 
8 
9 
(k) "Whistleblower Council" shall refer to the Council created and defined under 
10 
Section 31 of this Act. 
11 
12 
SEC. 4. Coverage. -Notwithstanding the provIsIons of law on prescription of 
13 
crimes, this Act shall cover all acts constituting improper conduct irrespective of the 
14 
time of commission. 
15 
16 
SEC. 5. Admission/Qualification to the Program. - Whistleblowers, whether from 
17 
the public or private sector, shall be entitled to the benefits under this Act, provided, 
18 
that all the following requisites concur: 
19 
20 
(a) The disclosure is voluntary, in writing and under oath; 
21 
(b) The disclosure relates to acts constituting improper conduct; and 
22 
(c) The information to be disclosed is admissible in evidence. 
23 
24 
SEC.6. Necessity of Testimony. - The testimony of a qualified whistle blower in 
25 
court shall not be necessary for the entitlement or enjoyment of the benefits of this Act. 
26 
In the event that the said whistleblower's testimony is required as found by the 
27 
Implementing Agency to be necessary and indispensable for a successful prosecution 
28 
of a case, he/ she shall be entitled to the additional benefits and protection under KA. 
29 
No. 6891 otherwise known as the Witness Protection Program, funding for which shall 
30 
be sourced from the budget as provided under Section 32 hereof. 
31 
SEC. 7. Credibility of a Whistleblower. - In all cases, the fact of the entitlement of the 
32 
qualified whistleblower to the protection and benefits provided in this Act shall not be 
33 
admissible in evidence to diminish or affect his credibility. 
34 
SEC. 8. 
Perpetuation of Testimony. - Once admitted into the program, a 
35 
whistleblower may perpetuate his/her testimony pursuant to Rule 134 of the Revised 
36 
Rules of Court. 
37 
SEC. 9.Me.morandum of Agreement with the Person to be Protected. - Before a person 
38 
is provided protection and benefits as a whistleblower for the State, he/ she shall first 
39 
execute a Memorandum of Agreement with the Implementing Agency which shall set 
40 
forth his/her responsibilities as follows: 
41 
(A) To provide information to and testify before all branches or agencies of 
42 
government in an appropriate proceeding on facts constituting improper 
43 
conduct; 
44 
(B) To avoid commission of crime; 
45 
(C)To take all necessary precautions to preclude detection by others of the 
46 
facts concerning the protection provided him/her under this Act; 
3 


1 
2 
3 
4 
(I)) To cooperate with aU reasonable requests of officers and employees of the 
government who are providing him/her protection under this Act; and 
(1') To 
regularly inform the Implementing Agency's program official 
concerned of his/her current activities and address. 
5 
SEC. 10. Breach of llze Ml'l1lOrrmrilllJ[ of IIgree1l1enf. -
~ub5tanlial breach of the 
6 
Mel1l0rlllUiuIIl of IIgreellLCIlI, provided (or in Sectioll 9 hereof, shaU be' sufficient ground 
7 
for tlw termination of the protection and bendits provided under this Act; i'mI'll/I'd, 
8 
however, that before terminating the same, the Implementing Agency shall send notice 
9 
to the qualified whistle blower concerned, stating therein the reason lor such 
10 
termination. 
11 
12 
SEC. 11. Confidentiailly. - Except insofar as allowed by this 1\ct, durin?, and after 
13 
the disclosure, and throughout and after any proceedings taken thereafter, a 
14 
whistleblower is entitled to absolute confidentiality as to: 
15 
(A)lIis/ her identity; 
16 
(B) The subject matter of his/her disclosure; and 
17 
(C) The person to whom ~uch disclosure has been made 
18 
There shall be no such confidentiality in his/ her identity if a whistle blower 
19 
makes 
a 
public 
disclosure 
of 
acts 
constituting 
improper 
conduct 
unless, 
20 
notwithstanding such public disclosure, he/she has taken means obviously intended to 
21 
preserve his/ her anonymity. 
22 
SEC. 12. Confidentilll Injimnil lioll. -- No person to whom a disclosure has been' 
23 
made or referred to shall divulge any information that may identify or tend to Identify il 
24 
whistleblower or reveal the subject maller of such disclosure, except only as to the 
25 
following circumstances: 
26 
(A)The whistleblower consents in writing prior to such a disclosure of; 
27 
(B) The disclosure is indispensable and essential as determined by the 
28 
Implementing Agency, taking into consideration the necessary proceedings 
29 
to be had after said disclosure; or 
30 
(C) The disclosure or referral is made pursuant to an obligation under this An. 
31 
The prohibition on disclosure under this Section shall apply to any person 
32 
who has become privy to any confidential information, whether officially 
33 
Or otherwise. 
34 
SEC. 13. Vioilltioll of ConjicienlirLlily.- Any person who shall violate the protection 
35 
of confidentiality of a protected disclosure under Sections 11 and ]2 of this Act, shall 
36 
suffer the penalty of not more than one (1) year but not less than six (6) months with the 
37 
accessory penalty of temporary absolute disqualification for public office, in case of a 
38 
public officer or employee, and shall be civilly liable \0 the whistle blower in such 
39 
arnoul1t of damages as may be awarded and deemed reasonable by tile court. 
40 
The proceedings herein shall be independent of any action that an a)jgrieved 
41 
whistleblower may take before the Civil Service Commission or the Department oj 
42 
I.abo]" and Employment for unfair or discriminatory practices, back wag('s, or other 


1 
labor dispute, or before other quasi-judicial agencies that mayor may not have arisen 
2 
from a disclosure, or a believed or suspected disclosure. 
3 
SEC 14. No Breach of Duly of COllfidelllirziillj. - A whistleblower who has made a 
4 
disclosure under this Act on whom a provision of law, regulation, issuanc(', practice or 
5 
other convention, imposes upon him/her the duty to maintain confidentiality with 
6 
respect to any information disclosed is considered not to have committed a breach 
7 
thereof. 
8 
SEC 15. [)e/ellse or ['rii'ileged COIlZllll III i( a{/On. - A whistleblower who hus made a 
9 
disclosure under this Act shall have in any other inquiry or proceeding the defense of 
10 
absolute privileged communication with respect to the subject matter of his/her 
11 
disclosure or information given lo the proper authorities 
12 
SEC 16. rlllse lind MislplldlYlg [)isclusures.- Any person who deliberalely and 
13 
voluntarily gives false or misleading information in connection with acts or omissions 
14 
constiluting improper conducl shall be 8uilty of an offense punishable by imprisonment 
15 
of not more than two (2) years and perpetual absolute disqualification from holdin~ 
16 
public office, in case of a public officer or employee, without prejudicE' to other 
17 
liabilities under exisling laws. 
18 
SEC 17. l'rolecilOl1llgllill,[ Disciplinllry !\clWII or Reprisal". - A whistleblowC'r who 
19 
has made or is believed or suspected to have made a disclosure under this Act is not 
20 
liable lo disciplinary action for making said disclosure. 
21 
Prohibited acts under this seclion include retaliatory action in a workplace or 
22 
prejudiCial conduct towards a whistle blower, such as: discriminatory actions behind 
23 
policies and procedures, reprirnanti, punitive transfers, unwarranted referral to a 
24 
psychiatrist or counselor, and undue poor performance reviews. 
Olher prejudicial 
25 
conducts include obstruclion of an investigation, withdrawal of essential resources, 
26 
undue reports and the attachment of unfair personnel file notes. 
27 
To this end, any employer who has discouraged and impos,"d sanctions or 
28 
reprisals based on workplace interaclions, which shall include workplace ostracism, 
29 
questions and allacks on motives, accusations of disloyalty and dysfunction, public 
30 
humilialion, and the denial of work or promotion, or who encourages, causes or does 
31 
relaliatory action or reprisal againsl a whistleblower, or anyone believed or suspected 
32 
to be one shall be liable for an offense defined under this Act. 
33 
Any employe(' who refuses to follow orders of employers that "Nould cause them 
34 
to violate any provision of this Act shall likewise be protected from reprisals and 
35 
n'lalialory action in the workplace. 
36 
For purposes of this protection, an applicanl for employment shall be deemed an 
37 
employee and enLilied to such proteclion. 
38 
Provided however, lhat an employer of a whistleblower shalllJe notified through 
39 
a certification issued by the Implementing Agency within a period of thirty (30) days, 
40 
[ro111 the date when the whistleblower last reported for work. Provided furlher that an 
41 
ernployer shall have the option to remov(' said whistleblowcr from employmenl after 
42 
securing a clearance from the Civil Service Commission and the Departmenl of r .abor 
43 
and Iimploymenl, whichever the case may be, in case or a prolonged absence due to 
44 
transfer or permanent relocation under lhis Act or KI\.. No. 6891. 
5 


1 
SEC 18. l'roteclion againsl otizrr Acliol1s. - J\ whistleblower who has made a 
2 
disclosure under this Act shall not be subject to any liability whether administrative, 
3 
civil, criminal for making such a disclosure. No action, claim or demand may be taken 
4 
against a whistleblower for making such disclosure, nor any evidence presented shall 
5 
be used against him/her in court. 
6 
This protection shall also operate as an immunity in favor of a whistleblower 
7 
af',ainst any action or proceeding taken against him/her by reason of his/ her disclosure. 
8 
Provided however, that the whistle blower appears to be not the most guilty. 
9 
SEC19. lJiscrilJlinlllory I liring.- J\ny individual, firm, corporation, office or 
10 
employer who shall deny a qualified applicant of employment, or who shall reject 
11 
his/her application for employment solely on the ground that the applicant is or will 
12 
be a whistleblower, shall be guilty of an offense punishable by not more than six (6) 
13 
months imprisonment with the accessory penalty of suspension of the right to hold 
14 
public office, in case of a public oJiicer or employee, and shall be civilly liable to 
15 
indemnify the whistleblower for damages as may be awarded by the court. 
16 
SEC. 20. Reta/ialory /\cllO!1 in the Worlcp/acr. - J\ny person who sl1all commit any 
17 
retaliatory act in a workplace as defined undl'r this J\ct, against an employee who is a 
18 
whislleblower, or believed or suspected to be one, shall be 8uilty of an offense and shall 
19 
suffer the penalty of not more than six (6) montils imprisonment with the accessory 
20 
penally of suspension of the right to hold public office, in case of a public officer or 
21 
employee, and shall be civilly liable to indemnify a whistleblowl'r in case ciama[',es are 
22 
incurred and as may be awarded by the court. 
23 
Toward this C'nci, the aggrieved whistleblower shall be Pl1tilled to tlw provisional 
24 
remedy of injunction against any retaliatory action in the workplace, prejudicial 
25 
conduct or discriminatory treatment by reason of the said whistle blower's intended or 
26 
actual disclosure. 
27 
The proceedings herein shall be independent of any action that an aggrieved 
28 
person may take bef Ofe the Civil Service Commission or the Department of l.abor and 
29 
l~mployment for unfair discriminatory practices, back wages, or other labor dispute, or 
30 
before other quaSi-judicial agencies that mayor may not 11ave arisen from a disclosure, 
31 
or a believed or suspected disclosure. 
32 
SEC 21. Penllliy for Retlilili/orl; /\cl5 flglllllst II WltisileblrJlPI'r. - J\ny person who 
33 
commits any of the ret,lliatory acts as defined in this J\ct Clp,ainst a whislleblower 
34 
and/ or hinders, delays, prevents or dissuades il whistleblower lrom: 
35 
(J\)J\ttending, assisting or lestifyin[', before any investigating agency or quasi-
36 
judicial body or judicial; 
37 
(B) Reporting to a law enforcement 
o[ficl~r Or judge the comnUSSlOn or 
38 
possible commission of an offense or a violation of conditions of probation, 
39 
parole, or release pending judicial proceedings; 
40 
(C) Seeking the arrest of another person in connection with the offense; 
41 
(D) Causing a criminal prosecution, or a proceeding for the revocation of a 
42 
parole or probation; or 
43 
(E) Performing and enjoying the rights and benefits under this J\ct or attempts 
44 
to do so 
6 


1 
shall be fined not more than One Hundred Thousand Pesos (Php 100,000.00) or suffer 
2 
imprisonment of or not less than six (6) months but not more than six (6) years or both 
3 
at the discretion of a court and shall also suffer the penalty of perpetual disqualification 
4 
from holding public office in case of a public officer or employee. 
S 
SEC. 22. Benefils und Securily wzd l'roleclwn of u QZllllzfled WizislleblrJll'er. - A 
6 
qualified whistle blower shall be entitled to an allowance equivalent to his /her daily 
7 
basic financial requirement, provided he/ she requests for said allowance and the 
8 
Implementing Agency determines and approves the reasonableness of such request. 
9 
A qualified whistle blower shall likewise be entitled to housing and personal 
10 
security regardless of whether the disclosure is made in confidence or in public. 
11 
Accordingly, the Implementing Agency is hereby authorized to allocate funds as 
12 
provided for in Section 32 hereof for the full satisfaction of the benefits and security and 
13 
protection of a qualified whistle blower. 
14 
This section is without prejudice to any benefits a qualified whistleblower may 
15 
be entitled to under R.A. No. 6891 provided that the necessary amount shall be sourced 
16 
from the budget as provided for in Section 32 hereof and that no duplication of benefit 
17 
shall ensue. 
18 
SEC. 23. ril111IlCilll l\.ell'llrris for WilisilfblOll'fr. - A qualified whistleblower shall be 
19 
entiLled to a corresponding monetary reward on a contingency basis, equivalent to at 
20 
least ten percentum of the amount which may be recovered or the amount of One 
21 
Million Pesos (Php 1,000,000.00), whichever is lower, as a result of his/ her disclosure. 
22 
SEC. 24. Abslract. -
All government agencies, offices, bureaus and local 
23 
government units, including government owned or controlled corporations, whether or 
24 
not with original charters, shall conspicuously display an abstract of this Act and the 
25 
rights and protections of whisLleblowers, including the obligations of employers under 
26 
this Act. Such abstract shall be provided in the implementing rules and regulations. 
27 
All government agencies, offices, bureaus and local government units, including 
28 
government owned and controlled corporations, whether or not with original charters, 
29 
shall likewise put in place internal procedures far dealing with whis[Jeblowers 
30 
consistent with the provisions of this Act and its implementing rules and regulations. 
31 
Said internal procedure shall be widely disseminated to all employees. 
32 
All other employers, specifically those in Ihe private sector, shall also 
33 
conspicuously display notices of their employees' protections and their obligations 
3~ 
under this Act and its implementing rules and regulations. 
35 
SEC. 25. failure of III I Llllployer 10 Posl I\bslmcl- The failure to post an Abstract or 
36 
internal procedures as required under Section 5 of this Act shall constitute an offense 
37 
and shall be penalized with a fine in the amounl of One 1 Iundrcd Thousand ['esos (l'hp 
38 
100,000.00) for the first aif<'nse. Said amount shall be doubled for every succeeding 
39 
offense/ s. 
40 
SEC. 26. failure to Ael or Report 10 lhe Implemenling Agel1cy.- Any person under 
41 
obligation to report a disclosure under this Act to the Implementing Agency, who fails 
42 
to do so within the period of two (2) months, or who lails to act thereon or cause an 
43 
investigation thereof, shall be guilty of an offense and shall suffer the penally of not 
44 
more than one (1) month imprisonment, and/ or a fine amounting to not more than Fifty 
7 


1 
Thousand Pesos (J'hp 50,000.00) without prejudice to any other liability that may be 
2 
imposed upon such person under existing laws. 
3 
SEC. 27.CoJ1jidentiolity of tile l'roceerlings. - All proceedings involving appitcation 
4 
and/ or enjoyment of the benefits under this Act, including any action taken thereon, 
5 
shall be confidential in nature. No information or documents given or submitted in 
6 
support thereof shall be released except upnn written order of the Implementing 
7 
Agency, and provided such disclosure shall not endanger the life of a qualifIed 
8 
whistle blower. 
9 
10 
SEC. 28. Powers lind functions of the IlIlplcllwnting flgmues or flgenc1j . ~ 
In 
11 
addition to their respective powers and functions under existing Jaws, tIle 
12 
Implementing Agencies shall: 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(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, proscmte or recommend 
prosecution of the same when warranted; 
(c) Evaluate the qualification of whistleblowers for coverage within this Act, and 
whichever the case may be, make the appropriate decision on their 
entitlement to the benefits and security and protection 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 encoura8e wl\istleblowers 
on acts constituting imprope~r conduct with a view to effective deterrence 
and/ or prosecution; 
(f) Control and administer, through coordination and consistent with the 
provisions and purpose of this Act, the protection and benefi ts of 
whistleblowers and the funds necessary to carry out the provisions of this 
Act; 
(8) Call upon, or deputize any department, bureau, office or any ollwr 
government agency or public official to assist in the effective implementation 
and enforcement of this Act; and 
(h) Crant immunity in accordance with the provisions of this Act and its 
implementing rules and regulation. 
36 
SEC. 29. ilJJplclJJcntll1g flgi'my, Oplir)ll or Willstleblml'er. - /\ whistleblower shall 
37 
have the right to choose which Implementing Agency he/ she intends to be admitted 
38 
and qualified as a whistleblower. As such, the Implementing Agc!11cy so chosen shall 
39 
have the primary jurisdiction and authority to C'xercise tl1e powers and functions 
40 
provided for under Section 28 of this Act. 
41 
8 


1 
SEC 30. Crmgressiol1l1l Wlzislleblolllfr l'rogmJII. - The :;enate and the I louse 01 
2 
Representatives may have their own Whistlcblower's l'rogl'am for resource persons or 
3 
whistleblowers appearine before them or their respective committees. 
4 
The resource person or whistJeblower, with his/her express consent, may be 
5 
admitted into the program upon the recommendation of the legislative committee 
6 
where his/her testimony is needed when in its judgment there is pressing necessity 
7 
therefor: Provided, That such recommendation is approved by the President of the 
8 
:;enate or the Speaker of the I louse, whichever the case may be. 
9 
The Senate or the I louse of Representative, whichever the case may be, shall 
10 
havc primary jurisdiction in the adminisU'ation and implemcntation of the program 
11 
independent [rom any other asency of govprnm('nt when the investisation or the safety 
12 
of the resource person or whistleblower shall be prejudiced. 
13 
14 
SEC 31. Implementing Rules (mel l\eguilltions. -
There is hereby created a 
15 
Whistleblower Council which shall be composed of the Implementing Agencies and 
16 
headed by the Office of tIle' Solicitor Ceneral. 
17 
The Council shall be primarily and solely responSible [or the drafting and 
18 
promulgation of the necessary Implementing Rules and Regulations (IRE) lor the 
19 
effective implementation of this Act. The Council's submission to Congress of the 
20 
approved IRR and the causing of its publication in at least two (2) newspapers o[ 
21 
general circulation shall render the council junclus officio 
22 
SEC 32. funding. -The amount One I lundred Million Pesos (Php 100,000,000.(0) 
23 
is hereby authorized to be appropriated out of any funds in the National Treasury not 
24 
otherwise allocated to carry into effect the purpose of this Act. 
25 
Other funding schemes or sources that may be authorized under existing laws 
26 
shall be allowed in furtherance hereof. 
27 
SEC33.Sepllmhilily Clause. - If any provision or part hereof, is heJd invalid or 
28 
unconstitutional, thc" remainder of the law or the provisions not otherwise affected 
29 
thereby shall remain valid and subsisting. 
30 
SEC 34.Reperzling Clause. - Any law, preSidential decree or issuance, executive 
31 
order, letter of instruction, administrative order, rule or regulation contrary to or 
32 
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
33 
accordingly. 
34 
SEC 3S.l:JJi'cliuity Clllllse. - This Act shalI take effect fiftcc'n (15) days after its 
35 
publication in the Official Cazelle or atleasl two (2) newspapers of general circulation. 
36 
IIpproved, 
37 
9