~rniltQ 
(&}Ht;r or tlll.' ,~:'ft .. htr~ 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
nCT -3 P 5 :28 
SENATE 
S. No. 
1793 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution Article II, Section 27, provides that: "The State shall maintain honesty 
and integrity in the public service and take positive and effective measures against graft and 
corruption." 
Graft and corruption still abound and continue despite laws imposing severe penalties for 
their violation. One reason why many corrupt acts go unreported is because potential witnesses 
fear reprisals from the perpetrators. 
Accordingly, the government must encourage potential witnesses to come out with 
information by providing them adequate protection from reprisals. 
This bill seeks to provide protection to employees who may have information relating to . 
a substantial violation of law related to a public contract, including the competition for or 
negotiation of a contract from reprisals of their employers. ' 
~'-
.""'~ 
II.~" 
In' JP" 
MIRIAM DE fOR S 
A 
, This bill was originally filed during the Thirteenth Congress, First Regular Session. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
OCT -3 P5 :2B 
SENATE 
S. No. 
1793 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
PROVIDING FOR PROTECTION FROM REPRISALS TO EMPLOYEES OF 
3 
CONTRACTORS FOR DISCLOSURE OF INFORMATION RELATING TO SUBSTANTIAL 
4 
VIOLATION OF LAW RELATED TO PUBLIC CONTRACTS, INCLUDING THE 
5 
COMPETITION FOR NEGOTIATION OF A CONTRACT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
6 
SECTION 1. Short Title. - This Act may be cited as "Protection from Reprisals Act." 
7 
SECTION 2. Declaration of Policy. - It is the policy of the State to maintain honesty 
8 
and integrity in the performance and negotiations of public contracts by encouraging employees 
9 
of contractors, who had been awarded a public contract, to disclose information related to a 
10 
substantial violation of law related to a contract including the competition for negotiation of a 
11 
contract. 
12 
SECTION 3. Definition of Terms. " As used in this Act, the term 
13 
(A) 
"Contract" means a contract awarded by the head of an executive agency; and 
14 
(B) 
"Contractor" means a person awarded a contract with an executive agency. 
15 
SECTION 4. Prohibition of Reprisals. - An employee of a contractor may not be 
16 
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a member 
17 
of Congress or an authorized official of an executive agency . .or the Department of JUstice. 
18 
information relating to a substantial violation of a law related to a contract, including the 
19 
competition for or negotiation of a contract. 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
SECTION 5. Investigation of Complaints. - A person who believes that an employee has 
been subjected to a reprisal prohibited by Section 4 of this Act may submit a complaint to the 
executive agency which awarded the contract. 
Unless the officer designated by the head of the concerned executive agency determines 
that the complaint is frivolous, he shall investigate the complaint and, upon completion of such 
investigation, submit a report of the findings of the investigation to the person, the contractor 
concerned, and the head of the agency. 
SECTION 6. Remedy and Enforcement Authority. - If the head of an executive agency 
determines that a contractor has subjected a person to reprisal prohibited by Section 4 of this Act, 
the head of the executive agency may take one or more ofthe following actions: 
(A) 
Order the contractor to take affirmative action about the reprisal; 
(8) 
Order the contractor to reinstate the person to the position that the person held 
before the reprisal together with compensation (including back pay), employment benefits, and 
other terms and conditions of employment that would apply to the person in that position if the 
reprisal had not been taken; and 
(C) 
Order the contractor to pay the complainant an amount equal to the aggregate 
17 
amount of all costs and expenses, including attorney's fees and expert witnesses' fees that were 
18 
reasonably incurred by the complainant for, or in connection with, bringing the complaint 
19 
regarding the reprisal, as determined by the head ofthe executive agency. 
20 
Whenever a person fails to comply with an order issued pursuant to this Section, the head 
21 
of the executive agency shall file an action for enforcement of such order in the appropriate court 
22 
for the district in which the reprisal was found to have occurred. 
23 
SECTION 7. Construction. - Nothing in this Act may be construed to authorize the 
24 
discharge of, demotion of, 01' discrimination against an employee' for a disclosure other than a 
25 
disclosure protected by Section 4 of this Act or to modify or derogate from a right or remedy 
26 
otherwise available to the employee. 
2 


, " 
I 
SECTION 8. Separability Clause. - If any provision or part thereof is held invalid or 
2 
unconstitutional, the reminder of the law of the provision not otherwise affected shall remain 
3 
valid and subsisting. 
4 
SECTION 9, Repealing Clause. - Any law, presidential decree or issuance, executive 
5 
order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
6 
with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
7 
Section 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
8 
publication in at least two (2) newspaper of general circulation. 
Approved, 
3