. , . ~ , , .  
, 1 , . I  
.~ ., 
. 
: 
' 
..Lb'WY 
.* . 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
,. 
.,I 
, 
.;: , 
~ 
!.! 
OF THE PHILIPPINES 
) 
!"I 
J I % :  
First Regular Session 
) 
Introduced by SENATOR LACSON 
EXPLANATORY NOTE 
Corruption remains to be a major hindrance in the development and 
progress of our nation. More importantly, the integrity and trustworthiness of our 
government will continue to be questioned until this perennial problem is finally 
resolved. 
The difficulty in combating corruption lies in its very nature of being 
committed behind closed doors and well beyond the purview of the public eye. 
This is where the importance of obtaining credible witnesses with reliable 
information regarding the corrupt practices of government officials or employees 
comes into place. 
This proposed legislation seeks to encourage whistleblowers to come into 
the open and put an end to these corrupt government officials or employees. At 
the same time, it aims to strengthen the present machinery in ensuring the full 
protection and security of these brave witnesses against any form of retaliation or 
ostracism. A rewards and benefits system will also be established in order to 
ensure the livelihood and welfare of these whistleblowers. In order, however, to 
protect the public, a rigid procedure will also be enforced in order to prevent any 
abuses of this bill as well as to prevent false testimonies that will only wreck more 
havoc into our society. 
In view of the above premises, the immediate approval of this bill is 
urgently sought. 
P 
CSON 
u e n a t o r  


>::I 
< 
.~ . ,.. ... :.:. ,? :4gy 
FOURTEENTH CONGRESS OF THE REPUBLIC ) 
i:; 
I i l j  21) 
~ 
. ’ 
, b  
g.: 
, , < I ‘  
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by: Senator Panfilo M. Lacson 
“AN ACT 
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. Name of the Act - This Act shall be known as the “Whistleblower Act 
of 2008”. 
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: 
(a) 
(b) 
(c) 
Maintain honest and high standards of integrity in the public service; 
Safeguard the national interest through the 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 
Sec. 3. Definition of Terms. -As used in this Act, the following terms shall mean: 
(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.) 
“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 considered an 
“employee” under the Labor Code. 
“Employer” shall mean 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, employs an employee as defined in this Act. 
whistleblower or an informant of more or higher benefits provided in existing laws. 
Titles II and VI1 of Book Two of the Revised Penal Code. 
(b) 
(c) 


“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. 
“Whistleblower” shall refer to an informant or any person who has privileged 
or personal knowledge or access to data, events or information and who shall 
deliberately disclose any individual, collective or organized conduct of any 
public officer/s and employees constituting graft and corruption as defined 
under this Act. 
“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. 
“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 hislher 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. 
“Retaliatory action in workplace”shal1 refer to any discriminatory conduct or 
policies which affect the promotion or job assignment including undue 
negative 
performance 
appraisal, 
close 
monitoring 
by 
supervisors, 
unwarranted criticisms or avoidance by co-employees, blacklisting from other 
job opportunities or prejudicial transfers by reason of the disclosure made 
under this Act. 
“Qualified Whistleblower” shall mean an informant or any person qualified 
and admitted into the Whistleblower’s Program of the Office of the 
Ombudsman in accordance with this Act and the Rules and Regulations. 
Sec. 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: 
1.) 
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”; 
Republic Act No. 3019 otherwise known as “Anti-Graft and Corrupt Practices 
Act“; 
Republic Act No. 6713 otherwise known as “An Act Establishing a Code of 
Conduct and Ethical Standards for Public Officials and Employees”; 
Republic Act No. 7080 otherwise known as the “Anti-Plunder Law”; 
Titles II and VI1 of Book Two of the Revised Penal Code on “Crimes Against 
the Fundamental Laws of the State and Crimes Committed by Public 
Officers”. 
2.) 
3.) 
4.) 
5.) 
Sec. 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) 
(b) 
(c) 
The disclosure is voluntary, in writing and under oath; 
The disclosure relates to conduct constituting graft and corruption under this 
Act; 
The disclosure is not yet subject of a complaint filed with the Office of the 
Ombudsman or investigated by any other investigating agency, unless in the 
opinion of the Ombudsman, 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; 
The information given by the whistleblower can be corroborated; and 
The information disclosed leads to a successful gathering of evidence andlor 
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. 
(d) 
(e) 
Sec. 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 Ombudsman 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. 
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 
inqluding the following: 
Sec. 7. 
(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 involved 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 
(d) To cooperate with respect to all reasonable requests of officers and employees 
(e) To regularly inform the appropriate program official of his current activities and 
Sec. 8. 
concerning the protection provided him under this Act; 
of the government who are providing himlher protection under this Act; and 
address. 
Breach of the Memorandum of Agreement - Substantial breach of 
the Memorandum of Agreement shall be a ground for the termination of the protection 
provided under this Act; Provided, however, that before terminating the same, the 
Ombudsman 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 hislher protection and security in view thereof. 
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 agency/body. 
This protection shall also operate as immunity in favor of a whistleblower or 
informant against any action or proceeding taken against himlher by any person subject of 
the disclosure, by reason thereof and acts in relation to the subject of disclosure, 
Sec. I O .  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 hislher disclosure or 
Sec. 9. 


information given to the proper authorities. 
, 
Sec. 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) 
(c) 
There shall be no such confidentiality in hislher identity 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. 
The subject matter of his disclosure; and 
The person to whom such disclosure was made. 
Sec. 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 himlher 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 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) 
(b) 
The whistleblower consents in writing prior to the disclosure of an information; 
The disclosure is indispensable and essential as determined by the Office of 
the Ombudsman, having regard to the necessary proceedings to be taken 
after the disclosure; or 
The disclosure or referral is made pursuant to an obligation under this Act. 
(c) 
The prohibition on disclosure under this Section shall apply to any person who has 
Sec. 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. 
become privy to any confidential information, whether officially or by other means. 
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 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 Office of the Ombudsman, within a period of thirty (30) days, from 
the date when the informant last reported for work. Provided further that an employer shall 
have the option to remove such whistleblower from employment after securing a clearance 
from the Office of the Ombudsman and the Department of Labor and Employment in case 
of a prolonged absence due to transfer or permanent relocation under this Act or R.A. 
6891. 
Sec. 15. Security and Protection of a Whistleblower. - When determined to be 
necessary and appropriate by the Office of the Ombudsman, 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 R. A. No. 6981. 
Sec. 16. Confidentiality of the Proceedings. - All proceedings involving 
application and/or enjoyment of the benefits under this Act, under the Office of the 
ombudsman, 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 Ombudsman, and provided such disclosure shall not 
endanger the life of a qualified whistleblower. 
Sec. 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; 
Upon being qualified as a whistleblower and admitted to the program by the Office of 
the Ombudsman, fifty percent (50%) of ttie reward shall be given to the qualified 
whistleblower. The remaining fifty percent (50%) shall be given prior to the filing of a case 
in a proper court. 
I 
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 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. 
Sec. 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 and 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 the employees. 
Sec. 19. Credibi/ity of an lnformant. - In all cases, the fact of the entitlement of 
the qualified whistleblower or informant to the protection and benefits provided in this Act 
shall not be admissible in evidence to diminish or affect his credibility. 
Sec. 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 a proceeding for the revocation of a parole or 
(e) Performing and enjoying the rights and benefits under this Act or attempt to do 
Shall be fined not more than One Hundred Thousand Pesos (Php 100,000.00) 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. 
Sec. 21. Violation of Confidentiality. - Any person who violates the protection of 
confidentiality of a protected disclosure under Sections 10, 11, 12 and 15 of this Act, shall 
suffer the penalty of not more than six (6) years but not less than six (6) months with an 
accessory 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. 
Sec. 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 suffer 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 
probation; 
so. 


employee, and shall be civilly liable to indemnify a whistleblower of damages as may be 
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 Civil 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. 
Sec. 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 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. 
I 
Sec. 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 (PlO0,OOO.OO) 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. 
Sec. 25. Failure to Act or Report to the Office of the Ombudsman. - Any person 
under obligation to report a disclosure under this Act to the Office of the Ombudsman, 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) month imprisonment, and/or a fine amounting to not more than Fifty Thousand 
Pesos (Php 50,000.00). 
Sec. 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 officer or employee, in addition to other criminal and civil 
liability he may incur under existing laws. 
Sec. 27. Powers and Functions of the ombudsman. - In addition to its powers 
and functions under existing laws, the Office of the Ombudsman 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) Investigate all disclosures made under this Act and prosecute the same when 
warranted ; 
(c) Evaluate the qualification of whistleblowers or informants for coverage within this 
Act, and make the appropriate decision on their entitlement to the benefits 
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; 
informants on graft and corrupt activities with a view to effective deterrence 
and/or prosecution; 
(f) 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; 
(9) 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; 
(h) Grant immunity in accordance with the provisions of this Act and its implementing 
rules and regulation. 
(e) Develop plans and implement programs to further encourage whistleblowers or 
Sec. 28. Implementing Rules and Regulations. -The Office of the Ombudsman 
shall promulgate such Rules and Regulations as maybe 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. 29. Repealing Clause. - All laws, decrees, executive issuances, rules and 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
Sec. 
30. Funding. - The 
amount 
of 
One 
Hundred 
Million 
Pesos 
(PhplOO,OOO,OOO.OO) 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, subject to the limitation, shall be allowed in 
Sec. 31. Separability Clause. - The declaration of unconstitutionality or invalidity of 
Sec. 32. Effectivity Date. -This Act shall take effect after fifteen (1 5) days following 
furtherance hereof. 
any provision of this Act shall not affect the other provision hereof. 
its publication in two (2) newspapers of general circulation. 
Approved,