NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. 996
of tlj: ^cfretar^
72 AUG-3 All :13
RKCEIVtD BV;
Introduced by Senator SONNY ANGARA
AN ACT
PROVIDING FOR THE PROTECTION, SECURITY AND BENEFITS OF 
WHISTLEBLOWERS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER 
PURPOSES
EXPLANATORY NOTE
Whistleblower protection has been identified as essential to safeguard public 
interest and to promote a culture of public accountability and integrity. The 
Organisation for Economic Co-operation and Development has highlighted that in the 
public sector, protecting whistleblowers can make it easier to detect passive bribery, 
the misuse of public funds, waste, fraud and other forms of corruption.1
Notably, in the 2017 Global Corruption Barometer2 (survey) of Transparency 
International, more than half of the respondents, particularly young people, believed 
that ordinary people cou\6 make a difference in the fight against corruption. With the 
Philippines having declined 5 points since 2014 in the 2021 Corruption Perceptions 
Index of the Transparency International3, it is high time for government to ensure 
accountability among its ranks by crafting and implementing a framework that enables 
and even incentivizes, citizens to contribute in exposing any government misconduct.
The proposed measure institutionalizes such a framework by defining the 
security, protection and benefits afforded to whistleblowers.
1 https://www.oecd.org/gov/ethics/whistleblower-protection/
2 https://www.transparency.org/en/gcb/global/globai-corruption-barometer-2017
3 https://images.transparencycdn.org/images/CPI2021_Report_EN-web.pdf


Enabling citizens to speak up about any wrongdoing in the government without 
fear of reprisal, in addition to other mechanisms already in place, helps restore 
credibility, integrity and accountability in public service. Hence, swift passage of this 
bill is earnestly sought.
SONNY ANGARA


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
s, B. No. 996
Senate
oU\r ^'fcvetnrp
72 AUG-3 All *14
RECEIVED BY;
Introduced by Senator SONNY ANGARA
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:
1 
Section 1. Short Title. - This Act shall be known as the "Whistleblower
2 
Protection, Security and Benefit Act of2022."
3 
Sec. 2. Declaration of Policy. - Public office is a public trust. It is the policy of
4 
the 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 graft and corrupt
6 
practices. Towards this end, the State shall:
7 
a) 
Maintain honest and high standards of integrity in the public service;
8 
b) 
Safeguard the national interest through the investigation and prosecution of
9 
corrupt and erring public officials and employees; and
10 
c) Encourage and facilitate the disclosure of corrupt conduct and practices in the
11 
public service by providing benefits and protection to whistleblowers.
12 
Nothing in this Act shall diminish or restrict the entitlement, receipt or
13 
enjoyment by a whistleblower of more or higher benefits provided in existing laws.
14 
Sec. 3. Definition of Terms. - As used in this Act, the following terms are hereby
15 
defined as follows:


1 
a) Acts constituting graft and corruption refer to any conduct, act or omission of
2 
public officers and employees which are covered by, or constitute as violations
3 
of:
4 
1. Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt
5 
Practices Act";
6 
2. Sections 7, 8 and 9 of Republic Act No. 6713, otherwise known as the
7 
"Code of Conduct and Ethical Standards for Public Officials and
8 
Employees";
9 
3. Republic Act No. 7080, entitled "An Act Defining and Penalizing the
10 
Crime of Plunder";
11 
4. Presidential Decree No. 46, entitled "Making it Punishable for Public
12 
Officials and Employees to Receive, and for Private Persons to Give, Gifts
13 
on Any Occasion, Including Christmas"; and
14 
5. Title VII, Book Two of the Revised Penal Code on "Crimes Committed by
15 
Public Officers".
16 
b) Council refers to the Whistleblower Benefits and Protection Council created
17 
pursuant to Section 29 of this Act.
18 
c) Informant refers to any person who has personal knowledge or access to data,
19 
events or information, of any conduct constituting graft and corruption as
20 
defined under this Act by public officer/s and employee/s, and who shall
21 
deliberately disclose of individual, collective or organized conduct constituting
22 
graft and corruption as provided in this Act.
23 
d) Program refers to the "Whistleblower Protection, Security and Benefit Program"
24 
which the Council shall formulate and implement pursuant to this Act.
25 
e) Public officer refers to any person holding any public office in the Government
26 
of the Republic of the Philippines by virtue of an appointment, election or
27 
contract.
28 
f) Whistleblower refers to an informant admitted into the Program of the Council
29 
in accordance with this Act and its rules and regulations.
30 
g) Reprisal refers to any negative or obstructive response or reaction to a
31 
disclosure made under this Act aimed at, pertaining to, or against a


1 
whistleblower or any of the members of the family and relatives up to the
2 
second degree of consanguinity or affinity.
3 
h) 
Reprisal in workplace refers to any discriminatory conduct or policies against a
4 
whistleblower which affect promotion or job assignment including undue
5 
negative performance appraisal, unusual and unwarranted close monitoring by
6 
supervisors, unwarranted criticisms or avoidance by co-employees,
7 
blacklisting from other job opportunities or prejudicial transfers by reason of a
8 
disclosure made under this Act.
9 
Sec. 4. Coverage. - This Act covers conduct constituting graft and corruption,
10 
whether commenced or consummated before the effectivity of this Act, refers to any
11 
conduct, act or omission of public officers and/or employees which are covered by, or
12 
amount to violations of Presidential Decree No. 46; Republic Act No. 3019; Sections
13 
7, 8 and 9 of Republic Act No. 6713; Republic Act No. 7080; and Title VII, Book Two
14 
of the Revised Penal Code on "Crimes Committed by Public Officers".
15 
Sec. 5. Admission to the Program. - Whistleblowers admitted into the Program
16 
shall be entitled to the protection and benefits under this Act: Provided/ That all the
17 
following requisites concur:
18 
a) 
The disclosure is voluntary, in writing and under oath;
19 
b) 
The disclosure relates to conduct constituting graft and corruption under this
20 
Act;
21 
c) Such disclosure is necessary for an effective and successful investigation or
22 
prosecution, or essential for the acquisition of material evidence not yet in the
23 
possession of the Council;
24 
d) 
The information given by the whistleblower can be corroborated; and
25 
e) 
The information disclosed leads to a successful gathering of evidence and/or
26 
conduct of investigation sufficient to sustain a finding of probable cause for the
27 
filing of a criminal 
complaint or information before a court of competent
28 
jurisdiction.
29 
Sec. 6. Necessity of Testimony. - The testimony of a whistleblower in court
30 
shall not be necessary for the entitlement to the benefits and protection under this
31 
Act, subject to the provision of Section 17 herein. In the event that the whistleblower's
32 
testimony is determined by the Council to be necessary and indispensable to the


1 
success of an investigation or the prosecution of a case, the whistleblower shall be
2 
entitled to the additional benefits and protection under Republic Act No. 6981,
3 
otherwise known as the "Witness Protection, Security and Benefit Act".
4 
Sec. 7. Memorandum of Agreement with the Whistleblower. - As a prerequisite
5 
to the availment of the protection and benefits under this Act, a whistleblower shall
6 
enter into a Memorandum of Agreement with the Department of Justice (DOJ) which
7 
shall set forth the whistleblower's responsibilities including the following:
8 
a) To provide information to and testify before all inquiries, in aid of legislation,
9 
and before any law enforcement official concerning any appropriate proceeding
10 
in connection with or arising from the activities involved in the offense subject
11 
matter thereof;
12 
b) 
To avoid a commission of a crime involving moral turpitude;
13 
c) 
To take all necessary precautions to avoid detection by others of the facts
14 
concerning the protection provided under this Act;
15 
d) To cooperate with respect to all reasonable requests of officers and employees
16 
of the government who are providing protection under this Act; and
17 
e) To regularly inform the appropriate program official of the whistleblower's
18 
current activities and address.
19 
Sec. 8. Breach of the Memorandum of Agreement - Substantial breach of the
20 
Memorandum of Agreement shall be a ground for the immediate termination of the
21 
protection and benefits provided under this Act. The Council shall send notice to a
22 
whistleblower concerned, stating therein the reason for such termination. In view
23 
thereof, a whistleblower shall be afforded reasonable time to take appropriate and
24 
necessary protection and security measures.
25 
In addition, the whistleblower shall return all the financial rewards received pursuant
26 
to Section 17 of this Act.
27 
Sec. 9. Protection Against Other Actions. - A whistleblower or an informant
28 
who has made a disclosure under this Act shall not be subject to any liability in any
29 
proceeding. Any disclosure made or any document submitted to the Council shall be
30 
inadmissible in evidence against the whistleblower.
31 
This protection shall aiso operate as immunity in favor of a whistleblower or
32 
informant against any action or proceeding taken against the whistleblower by any


1 
person subject of a disclosure, by reason thereof and acts in relation to subject of
2 
disclosure. Provided, however, that the protection against any action or proceeding
3 
shall not be available in cases of deliberate and voluntary giving of false or misleading
4 
information, and of any unjustified recantation of testimony by a whistleblower.
5 
Sec. 10. Defense of Privileged Communication. - A whistleblower or any person
6 
who has made a disclosure under this Act shall have, as defense in any other inquiry
7 
or proceeding, the absolute privilege with respect to the subject matter of the
8 
disclosure or information given to the proper authorities.
9 
Sec. 11. Confidentiality. - Except as allowed by this Act, during and after a
10 
disclosure, and throughout and after any proceeding taken thereafter, a whistleblower
11 
or an informant is entitled to absolute confidentiality about:
12 
a) Whistleblower's identity;
13 
b) The subject matter of the disclosure; and
14 
c) 
The person to whom such disclosure was made.
15 
There shall be no such confidentiality of identity if a whistleblower or an
16 
informant makes a public disclosure of a conduct constituting graft and corruption
17 
unless, notwithstanding such public disclosure, the whistleblower has taken means
18 
and measures obviously intended to preserve anonymity.
19 
Sec. 12. No Breach of Duty of Confidentiality. - A whistleblower or an informant
20 
who has made a disclosure under this Act, on whom a provision of law, regulation,
21 
issuance, practice or other convention, imposes a duty to maintain confidentiality with
22 
respect to any information disclosed, is considered not to have committed a breach
23 
thereof.
24 
Sec. 13. Confidential Information. - No person to whom a disclosure has been
25 
made or referred shall divulge any information that may identify or tend to identify a
26 
whistleblower or informant or reveal the subject matter of such disclosure, except
27 
under the following circumstances:
28 
a) The whistleblower or the informant consents in writing prior to a disclosure of
29 
an information;
30 
b) The disclosure is indispensable and essential as determined by the Council,
31 
having regard to the necessary proceedings to be taken after the disclosure; or
32 
c) The disclosure or referral is made pursuant to an obligation under this Act.


1 
The prohibition on disclosure under this section shall apply to any person who
2 
has become privy to any confidential information, whether officially or by other means.
3 
Sec. 14. Protection Against Disciplinary Action or Reprisals. - A whistleblower
4 
who has made or is believed or suspected to have made a disclosure under this Act is
5 
not liable to disciplinary action for making said disclosure.
6 
Prohibited acts under this section include reprisals in the workplace or
7 
prejudicial conduct towards a whistleblower such as: discriminatory actions behind
8 
policies and procedures, unwarranted reprimand, punitive transfers, malicious referral
9 
to a psychiatrist or counselor, and unfounded or baseless poor performance reviews.
10 
Other prejudicial actions include obstruction of an investigation, withdrawal of
11 
essential resources, undue reports and the attachment of false personnel files or
12 
notes.
13 
Sec. 15. Security and Protection of a Whistleblower - When determined to be
14 
necessary and appropriate by the Council, a whistleblower, even if the disclosure is
15 
made in confidence, shall be entitled to personal security. For this purpose, the
16 
Council may request any law enforcement agency for assistance. Should, at any time,
17 
the identity of the whistleblower be revealed, or anonymity compromised, the
18 
whistleblower may, upon the recommendation of the Council, be entitled to the
19 
benefits of Republic Act No. 6981, in addition to the other benefits under this Act.
20 
Sec. 16. Confidentiality of the Proceedings. - All proceedings before the Council
21 
involving application and/or enjoyment of the benefits under this Act, including any
22 
action taken thereon, shall be confidential in nature. No information or documents
23 
given or submitted in support thereof shall be released except upon written order of
24 
the Council, and provided such disclosure shall not endanger the life of a
25 
whistleblower.
26 
Sec. 17. Financial Rev/ards for Whistleblowers. - The whistleblower shall be
27 
entitled to a corresponding monetary reward in accordance with the following stages:
Stages
If the case is capable of
pecuniary estimation
If the case is not
capable of pecuniary
estimation
Upon admission into the program
P200,000.00
PlOO,000.00


Upon filing of the case with the
Office of the Ombudsman
P100,000.00
P 50,000.00
Upon completion of the
testimony of the whistleblower
P100,000.00
P 50,000.00
1 
For cases capable of pecuniary estimation, such as plunder, forfeiture of ill-
2 
gotten wealth, bribery, malversation and damage or injury to government, the
3 
whistleblower shall be entitled to an additional reward of ten percent (10%) of the
4 
actual amount recovered by final judgment.
5 
Sec. 18. Return of the Amount Received as Financial Rewards. - A
6 
whistleblower admitted into the Program who deliberately and voluntarily gives false
7 
or misleading information in connection with conduct constituting graft and corruption
8 
as defined under this Act or who unjustifiably recants testimony shall, in addition to
9 
the penalties provided in Section 21 and Section 22 of this Act, be required to return
10 
all the amounts received as financial rewards.
11 
Sec. 19. Mandatory Posting of Abstract - All government agencies, offices,
12 
bureaus and LGUs, including government-owned or -controlled corporations, whether
13 
or not with original charters, shall conspicuously display an abstract of this Act and
14 
the rights and protections of whistleblowers or informants. Such abstract shall be
15 
provided in the rules and regulations to be promulgated pursuant to Section 31 of this
16 
Act.
17 
Ail government agencies, offices, bureaus and LGUs, including government-
18 
owned and -controlled corporations, whether or not with original charters, are likewise
19 
required to put in place internal procedures for dealing with whistleblowers or
20 
informants, consistent with the provisions of this Act and the rules and regulations.
21 
Said internal procedure shall be widely disseminated to all the public employees.
22 
Sec. 20. Credibility of a Whistleblower. - In all cases, the fact of the entitlement
23 
of the whistleblower to the protection and benefits provided in this Act shall not be
24 
admissible in evidence to diminish or affect the whistleblower's credibility.
25 
Sec. 21. Penalty for Giving False and Misleading Information. - The penalty of
26 
imprisonment of not less than six (6) years but not more than twelve (12) years and
27 
a fine of not more than One hundred thousand pesos (Phpl00,000.00) shall be


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
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 snail 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 (Phpl00,000.00), 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 judicicil 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
8


1 
under Sections 10,11,13 and 16 of this Act. The penalty of dismissal from the service
2 
and the accessory penalty of temporary absolute disqualification from holding public
3 
office shall also be imposed upon an offender who is a public officer or employee. In
4 
addition, the offender shall be civilly liable to indemnify the whistleblower or informant
5 
in such amount of damages as may be awarded and deemed reasonable by a
6 
competent court.
7 
Sec. 25. Penalty for Reprisal In the Workplace. - The penalty of imprisonment
8 
of not more than six (6) years but not more than twelve (12) years shall be imposed
9 
upon any person who shall commit any act of reprisal in the workplace as defined in
10 
this Act, against a whistleblower or believed or suspected to be one. The penalty of
11 
dismissal from the service and the accessory penalty of temporary absolute
12 
disqualification from holding public office shall also be imposed upon an offender who
13 
is a public officer or employee. In addition, the offender shall be civilly liable to
14 
indemnify the whistleblower in such amount of damages as may be awarded and
15 
deemed reasonable by a competent court. Towards this end, an aggrieved
16 
whistleblower shall be entitled to the provisional remedy of injunction against any
17 
reprisal in the workplace, prejudicial conduct, or discriminatory treatment by reason
18 
of whistleblower's disclosure.
19 
The proceedings herein shall be independent of any action that an aggrieved
20 
person may take before the Civil Service Commission or the DOLE for unfair or
21 
discriminatory practices, backwages, or other labor disputes, or before other quasi-
22 
judicial agencies that may or may not have arisen from a disclosure or believed or
23 
suspected disclosure.
24 
Sec. 26. Penalty for Discriminatory Hiring. - The penalty of imprisonment of
25 
not more than six (6) months shall be imposed upon any person who shall deny a
26 
qualified applicant for employment, or who shall reject an application for employment
27 
solely on the ground that an applicant is a whistleblower or informant for the State.
28 
If the offender is a corporation, partnership, association, or any juridical person, the
29 
penalty shall be imposed upon the president, partner, manager and/or any responsible
30 
officer who participated in the commission of the offense.


1 
The penalty of dismissal from the service and the accessory penaity of
2 
suspension of the right to hold public office shall also be imposed upon the offender
3 
who is a public officer or employee.
4 
In addition, the offender shall be civilly liable to indemnify the whistleblower in
5 
such amount of damages as may be awarded and deemed reasonable by a competent
6 
court.
7 
Sec. 27. Failure to Post Abstract - The failure to post an abstract required
8 
under Section 19 of this Act shall constitute an offense and shall be punishable with a
9 
fine of One hundred thousand pesos (Phpl00,000.00) for the first offense. The
10 
amount shall be doubled for every succeeding offense, and punishable with
11 
imprisonment of not more than six (6) months at the discretion of the court. For this
12 
purpose, the president, general manager, or head of agency, office or bureau shall be
13 
held criminally liable and shall suffer the accessory penalty of suspension of the right
14 
to hold public office.
15 
Sec. 28. Failure to Act or Report to the Council. - Any person under obligation
16 
to report a disclosure under this Act to the Council, who fails to do so within a period
17 
of two (2) fnonths, or who fails to act thereon or cause an investigation thereof, shall
18 
be held liable and shall suffer the penalty of not more than one (1) month
19 
imprisonment or a fine of not more than Fifty thousand pesos (Php50,000.00) at the
20 
discretion of the court.
21 
Sec. 29. Whistleblower Benefits and Protection Council. - A Whistleblower
22 
Benefits and Protection Council is hereby created composed of the Overall Deputy
23 
Ombudsman as Chairperson, and the following as members:
24 
a) 
Prosecutor General, DOJ;
25 
b) 
Special Prosecutor, Ombudsman;
26 
c) 
Witness Protection Program Director, DOJ;
27 
d) 
Executive Director, Anti-Money Laundering Council;
28 
e) 
Director, Legal Service, Phiiippine National Police, in case the respondent is a
29 
member thereof;
30 
f) The Judge Advocate General of the Armed Forces of the Philippines, in case the
31 
respondent is a member thereof;
10


1 
g) A representative from the civil society/nongovernment organization involved in
2 
anti-corruption and good governance to be appointed by the Chairperson of
3 
the Council, upon the recommendation of the members thereof; and
4 
h) A representative from the business sector to be appointed by the Chairperson
5 
of the Council, upon the recommendation of the Philippine Chamber of
6 
Commerce and Industry.
7 
The existing personnel of the Office of the Ombudsman shall serve as
8 
secretariat to the Council.
9 
Sec. 30. Powers and Functions of the Council. - In addition to its powers and
10 
functions under existing laws, the Council shall have the following powers and
11 
functions:
12 
a) Monitor, coordinate and evaluate all efforts relative to the implementation and
13 
enforcement of the provisions of this Act;
14 
b) Evaluate the disclosure and qualification of whistleblowers or informants for
15 
coverage within this Act, and make the appropriate decision on their
16 
entitlement to the benefits extended herein;
17 
c) Undertake, in coordination and cooperation with the private and public sectors,
18 
an information campaign to educate the public on the provisions and benefits
19 
of this Act;
20 
d) Develop plans and implement programs to further encourage whistleblowers or
21 
informants on graft and corrupt activities with a view to effective deterrence
22 
and/or prosecution;
23 
e) Control and administer, consistent with the provisions and purposes of this Act,
24 
the protection and benefits of whistleblowers in connection with the cases
25 
within the coverage of Section 4 of this Act;
26 
f) Call upon, or deputize any department, bureau, office or any other government
27 
agency or public official to assist in the effective implementation and
28 
enforcement of this Act; 
and
29 
g) Grant immunity in accordance with the provisions of this Act and its
30 
implementing rules and regulations.
31 
Sec. 31. Appropriations. - The amount necessary to carry out the provisions of
32 
this Act shall be included in the annual General Appropriations Act.
11


1 
Sec. 32. Implementing Rules and Regulations, - The Council shall promulgate
2 
such rules and regulations as may be necessary to implement the intent and purposes
3 
of this Act. Said rules and regulations shall be published in two (2) newspapers of
4 
general circulation.
5 
Sec. 33. Separability Clause. - If any portion or provision of this Act is
6 
subsequently declared invalid or unconstitutional, other provisions hereof which are
7 
not affected thereby shall remain in full force and effect.
8 
Sec. 34. Repealing Clause. - All other laws, acts, presidential decrees, executive
9 
orders, presidential proclamations, issuances, rules and regulations, or parts thereof
10 
which are contrary to or inconsistent with any of the provisions of this Act are hereby
11 
repealed, amended, or modified accordingly.
12 
Sec. 35. Effectivity. - This Act shall take effect fifteen (15) days after its
13 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
12