Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

92
HOUSE BILLNO. 2499

Introduced by Hon. GABRIEL LUIS R. QUISUMBING

EXPLANATORY NOTE

This bill seeks to support the people's efforts to rid the government of corruption by setting
up a system of rewards and protection for whistleblowers and their families, Such a
measure is in consonance and furtherance of the constitutional mandate that a public office
isa public trust and where honesty and integrity shall be maintained at all times.

‘The lack of a legal framework for rewards, protection and security to whistleblowers has
resulted in their minimal protection from probable retaliation, trial by publicity, outright
miscarriage of justice or summary execution.

This being the case, corrupt government officials and employees are emboldened to engage
in nefarious activities as they feel little fear of exposure or being caught and brought to
justice. Meanwhile, potential whistleblowers are discouraged, demoralized and diss
because they anticipate nothing but hardship when evaluating the effect of any di
Such circumstances aggravate the worsening condition of graft and corruption in the
country.

‘Thus, a mechanism to secure the person of a whistleblower and counter the stigma of
ostracism must be set up so that any potential whistleblower or informant on graft and
corrupt activities will not hesitate to come out in the open

This bill will set up such a mechanism specifically by: (1) establishing a monetary reward
system for the benefit of whistleblowers; (2) protecting informants against reprisals and
against civil or criminal liability when they make public interest disclosures; (3) securing
the safety of whistleblowers and their families; (4) ensuring that public disclosures are
made to the proper public authorities; (5) ensuring that inappropriate publication of
unsubstantiated disclosures does not happen, and (6) ensuring that proper records on
disclosures are kept and safeguarded.

Hence, the early approval of this bill is earnestly sought.

GABRIEL LUIS iR. QUISUMBING


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

a2
HOUSE BILL. no.24 =

Introduced by Hon. GABRIEL LUIS R. QUISUMBING

“AN ACT PROVIDING FOR PROTECTION, SECURITY AND BENEFITS
OF WHISTLEBLOWERS, APRROPRIATING FUNDS THEREFOR 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
Protection, Security and Benefit Act of 2013.”

SECTION. 2. Declaration of Policy. - Public office is a public trust. Itis 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) 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

(c) 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.

SECTION 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. 7078, 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,) Titles VII, 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 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.

(d) Employer refers to any individual, partnership, association, corporation or
entity, including 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)

(8) 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 employees/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.

(j) 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 member 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.

SECTION 4. Coverage - Conduct constituting graft and corruption, whether
commenced or consummated before the effectivity of this Act, refers to any conduct,
acts or omissions of public officers and/or employees solely, or in cooperation or
conspiracy with private person which are covered by, or amount to violations of
Presidential Decree No. 46; Republic Act No, 3019; Section 7, 8 and 9 of Republic Act
No. 6713; Republic Act No. 7078; and Titles V1, Book Two of the Revised Penal
Code on “ Crimes Committed by Public Officers”

SECTION 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:

(a) The disclosure is voluntary, in writing and under oath;

(b) The disclosure relates to conduct constituting graft and corruption under
this Act;

(c) 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.

SECTION. 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 6891, otherwise known as the Witness Protection Program.

SECTION 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 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 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.

SECTION 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 toa
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.

In addition, the whistleblower shall return all financial rewards received pursuant
to Section 17 of this Act.

SECTION 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 or any document submitted to the Council shall be
inadmissible in evidence against the whistleblower.

is 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.

SECTION 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.

SECTION 11.Confidentiality. - Except when allowed by this Act, during and after
this disclosure, and throughout and after any proceeding taken thereafter, a
whistleblower or an informant is entitled to absolute confidentiality as to:

(a) Whistleblower’s 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 his anonymity.


SECTION 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.

SECTION 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.

SECTION 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 reprisal 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 file 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 in case of a prolonged absence due to.
transfer or permanent relocation under this Act or R.A No. 6891.

SECTION 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 R. A. No. 6891.

SECTION 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.

SECTION 17. Financial Rewards for Whistleblowers. - The whistleblower shall be
entitled to a corresponding monetary reward in accordance with the following
stages:

Stages | Ifthe case is susceptible Ifthe case is not
of pecuniary estimation | susceptible of pecuniary
estimation
Upon admission into the | P200,000.00 P100,000.00
program ee
Upon filing the case with P100,000.00 P50,000.00
the Office of the
Ombudsman | ee
Upon completion of the 100,000.00 P50,000.00
testimony of the
__whistleblower =

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.

SECTION 18. Return 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.

SECTION 19. 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 to be promulgated pursuant to Section 31 of this Act.

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 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.

SECTION 20. Credibility of a Whistleblower. -In all cases, the fact of the
entitlement of the whistleblower the protection and benefits provided in this
Act shall not be admissible in evidence to diminish or affect the whistleblower’s
credibility.

SECTION 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 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.

SECTION 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.

SECTION 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 (P100,000.00), 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 delay, 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 any proceeding for the revocation of a
parole or probation; and

(e) Performing and enjoying the rights and benefits under this Act or attempt
todo 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.

SECTION 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 Section 10, 11, 13 and 16 of this Act. The penalty of
dismissal from the service and accessory penalty temporary absolute
disqualification for public office shall 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.

SECTION 25. Penalty for Reprisal in the Workplace. - The penalty of not less 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, 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 or
employee. In addition, the offender shall be liable to indemnify the whistleblower in
such amount of damages as may be awarded and deemed reasonable by a
competent court.

Toward this end, an aggrieved whistleblower shall be entitled to the provisional
remedy of injunction against any reprisal 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.

SECTION 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 indemnity the whistleblower in
such amount of damages as may be awarded and deemed reasonable by a
competent court.

SECTION 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, manager, or head of an office, bureau or
agency shall be held criminally liable and shall suffer the accessory penalty of
suspension of the right to hold public office.

SECTION 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 (Php 50,000,00) at the discretion of the court.

SECTION 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, DO);

b) Special Prosecutor, Ombudsman;

) 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 the

case the respondent is a member thereof;

Arepresentative from the civil society / non government 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

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.

8)

h

The existing personnel of the Office of the Ombudsman shall serve as the Secretariat
of the Council.


SECTION 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;

() 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 or Section 4 of this Act;

(0, 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.

SECTION. 31. Appropriations. - The amount necessary to carry out the provisions
of this Act shall be included in the annual General Appropriations Act.

SECTION 32. Implementing Rules and Regulations. - The Council 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.

SECTION 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 of provisions not affected thereby shall continue to be in full force and effect

SECTION 33. Repealing Clause. -- All laws, decrees, executive issuances, rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 32. Effectivity Date. - This Act shall take effect after fifteen (15) days
following its publication in two (2) newspapers of general circulation.

Approved,