| 23 JUL 2013
SIXTEENTH CONGRESS ) i. cay)
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION ) app

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No., 1632
EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 2110 by the
undersigned Rufus B. Rodriguez during the 15" Congress where it was
approved by the Committee on Justice and substituted by House Bill No
5715. It was subsequently approved by the House of Representatives and
transmitted to the Senate where it was not acted upon

Experience has shown us that those who expose graft and corruption
in the government or even in the private sector instead of being protected and
rewarded are ironically chastised, retaliated upon, oppressed and even
punished.

The State shall therefore come in to protect and support these well-
meaning citizens so that integrity and honesty shall prevail

A reward system shall likewise be instituted to encourage and
recognize the efforts of the whistleblower.

In view of the foregoing, approval of this bill is earnestly sought.

RUFUS B. RODRIGUEZ

MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1632

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 2013"

SEC.2. Declaration of Policy. — Public office is a public trust. It is the
policy of the State to promote and ensure full accountability in the conduct of
its officers and employees, and exact full retribution from those who shall
engage in graft and corrupt practices. Towards this end, the State shall:
(@) Maintain honest and 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
whistleblowers.
Nothing in this Act shall diminish or restrict the entitlement, receipt or
enjoyment by a whistleblower of more or higher benefits provided in existing
laws.

SEC. 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 Vil, 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.

(c) 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.

(4) 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.

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

(f) 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.

(i) 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
whistleblower or any of the members of the family and relatives up to the
second degree of consanguinity or affinity including, 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.


SEC. 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”

SEC.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

(@) 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

(e) The information disclosed leads to a successful gathering of
evidence and/or conduct of investigation sufficient to sustain a finding of
probable cause for the filing of a criminal complaint or information before a
court of competent jurisdiction.

SEC.6. Necessity of Testimony. — The testimony of a whistleblower in
court shall not be necessary for the entitlement 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”

SEC.7. Memorandum of Agreement With the Whistleblower. - As a
prerequisite to the availment of the protection and benefits under this Act, a
whistleblower shall 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;

(©) 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


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

SEC. 8. Breach of the Memorandum of Agreement. - Substantial breach
of the Memorandum of Agreement shall be a ground for the 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

SEC.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 proceeding taken against the
whistleblower by any person subject of a disclosure, by reason thereof and
acts in relation to subject of disclosure.

SEC.10. Defense of Privileged Communication. — A whistleblower or
any person who has made a disclosure under this Act shall have, as defense
in any other inquiry or proceeding, the absolute privilege with respect to the
subject matter of the disclosure or information given to the proper authorities

SEC. 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’ 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.

SEC.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.

SEC. 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.

SEC. 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 include 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

SEC. 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.


SEC.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.

SEC.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 of | Ifthe case is not susceptible
Pecuniary estimation of pecuniary estimation

Upon admission into the 200,000.00 | 100,000.00

program moma

Upon fling of the case with the | 100,000.00 50,000.00

Office of the Ombudsman

Upon completion ofthe 700,000.00 P 50,000.00

testimony of the whistleblower

For cases susceptible to pecuniary estimation, such as plunder,
forfeiture of ill-gotten wealth, bribery, maiversation 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.

SEC. 18. Retum 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.

SEC.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.

SEC. 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.



SEC. 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.

SEC. 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.

SEC. 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:

(@) 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;

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

(d) Causing a criminal prosecution, or any proceeding for the revocation
of a parole or probation; and

(e) 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 shall
be imposed upon an offender who is a public officer or employee

SEC. 24. Penalty for Violation of Confidentiality. -— The penalty of
imprisonment of not less than 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.

SEC. 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 as 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's
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.

SEC. 26. Penalty for Discriminatory Hiring. - The penalty of imprisonment
of not more than six (6) months shall 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

SEC. 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
(Php 100,000.00) 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.

SEC. 28. Failure to Act or Report 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 suffer 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.


SEC. 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;

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

(f) 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

SEC.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:

(a) 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;

(4) 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;

(f) 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.

SEC. 31. Appropriations. — The amount necessary to carry out the

provisions of this Act shall be included in the annual General Appropriations
Act.

10


SEC.32. Implementing Rules and Regulations. - The 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.

SEC. 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

SEC.34. Repealing Clause. — Alll laws, decrees, executive issuances,
rules and regulations inconsistent with this Act are hereby repealed or
modified accordingly.

SEC. 35. —_Effectivity Clause. — This Act shall take effect fifteen (15) days
following its complete publication in two (2) newspapers of general circulation.

Approved,

iW