THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
" 
First Regular Session 
** 
S E N A T E  
S.NQ. 3 
lntroduced by Senator Juan M. Flavier 
Explanatory Note 
A young, idealistic new graduate applies for a job at 8 government 
agency. She sees an employee punching the Bundy clock for another 
employee. It may be something she discovers during her first week in 
office. Should she or shouldn't see report the matter to the authorities? 
We hear of people who bravely tell on a public ofkial and find 
themselves in th8 doghouse, so to speak. Whistle-blowers may be 
assigned to windowless basement offices with no duties to perform. 
Hardship posts are given to those na ayaw makisarna or makihati, Dalhin 
sa kangkungan is what we hear in this regard. 
The exposure of wrongdoing or shortcoming deserves every 
encouragement. But, some unscrupulous employees scorn whistle 
blowers who denounce disgraceful or wrongful government conduct, as it 
were. Whistleblowers should be prote~tf3d, even rewarded, if possible. 
They play a valuable role in the task of creating a good and ideal 
government. 
The purpose of this bill is to help eliminate wrongdoing or 
shortcoming in the government by helping insure that employees do not 
suffer from adverse career moves resulting from their exposure or 
revelation of wrongdoings of other government employees. 
The early approval of this bill is earnestly urged. 
/ SenBtor 
I '  


THIRTEENTH CONGRESS OF THE REPUBLIC 1 
OF THE PHILIPPINES 
First Regular Session 
rl k 
SENATE 
S. NO. 
__ 
.. 
Introduced by Senator Flavier 
AN ACT 
PROTECTING INCUMBENT AND FORMER GOVERNMENT 
EMPLOYEES AND APPLICANTS FOR GOVERNMENT EMPLOYMENT 
FROM REPRISAL OR HARRASSMENT FOR MAKING QISCLOSURES 
IN THE PUBLIC INTEREST *AND PROVIDING PENALTIES FOR 
VIOLATIONS THEREOF 
Be if enacfed by fhe Senate and the House of Repmsentafives of 
the Philippines in Congress Assembled: 
Section I. 
Short Title. - This Act may be cited as the “Watchdog 
Act of 2004 
Section 2. Prohibited Acts or Omissions. - It shall be unlawful for a 
public officer or employee to penalize any employee or applicant far 
employment thnr an act of reprisal or harassment against the latter for 
disclosing information or evidence of misconduct against the former. The 
said misconduct must be any of the following: 
a) 
a violation of any law, rule or regulation; or 


b) 
mismanagement, waste of funds, abuse of authority, or any act that 
pose substantial and specific danger to public health or safety 
Section 3. Scope of Reprisal or harassment. - Reprisal or 
harassment may relate to the appointment, promotion, disciplinary or other 
correctionaf action, detail, 
transfer, 
reassignment, reinstatement, 
reemployment, performance evaluation, restriction, and the like, of an 
employee, former employee or applicant for employment, or to any 
decision concerning pay, benefits, or awards, or concerning education or 
training if the education or training may reasonably be expected to lead to 
an appointment, promotion, positive performance evaluation, or other 
action described in this paragraph, or any other significant changes in 
duties or responsibilities inconsistent with the status, salary or grade level, 
or accepted practice, with respect to an employee or former employee in, 
or applicant for, a government position. 
Section 4. Groundless and Mali'cious Disclosure. - The disclosing 
party cannot be penalized or disciplined or otherwise held liable unless the 
disclosure is found to be groundless and one in bad faith or in gross and 
reckless disregard of the truth, as to be violative of existing laws on 
perjury, false testimony, libel, and similar offenses. 
Section 5. Burden of Proof. - If the disclosing party complains of 
reprisal or harassment under this Ad, the respondent has the burden of 


proof that the comptaint has not been the object of reprisal or harassment 
for making an exposure or disclosure under Section 2 of this Act. 
Section 6, Pfefemnce in Transfer. - (a) in filling a position within 
any agency, the head of such agency may give preference to any 
employee of such agency, or any other agency, to transfer to a position of 
the same status and tenure as the position of such employee on the date 
of applying for a transfer if: 
I) 
such employee is otherwise qualified and eligible for appointment 
for such position; and 
2) The Civil Service Commission makes a determination that an act of 
reprisal or harassment w s  taken or threatened against such 
employee. 
b) An employee who meets the conditions described in this Act may 
voluntarily apply for a transfer to a position, within the agency 
employing such employee or any other agency. 
c) If an employee applies for a transfer and the selecting official 
disapproves such application, the selecting official shall provide him 
with a written explanation of the reasons for the disapproval within 
fifteen (I 
5) working days after receiving such application. 
d) An employee whose application for transfer is disapproved may 
request the head of such agency to review the disapproval. Such 


request for review shall be submitted to the head of the agency within 
fifteen (1 5) working days after the employee receives such notification. 
Within fifteen (15) working days after receiving the request for review, 
the head of the agency shall complete the review and provide a written 
statement of findings to the employee and the Civil Service 
Commission. 
Section 7. Limifafions. - The provisions of Section 6 hereof shall apply 
with regard to any officer, employee or applicant- 
1 ) for no more than one transfer; 
2) for a transfer from within the agency he is employed at the time of a 
determination by the Civil Service Commission that he was a victim 
of reprisal or harassment; and 
3) Not later than twelve (12) months after such a determination is 
made by the Civil Service Commission. 
Section Q. Merim Relief. - If an employee, former employee or 
applicants for employment is the prevailing party is stayed remain in effect 
pending the outcome of any proceeding for review, unless- 
a) the deciding official determines that the grant of such relief is 
not appropriate; or 
b) the relief granted in the decision provides that such prevailing 
party shall return or be presented at the place of employment 


during the period pending the outcome of any petition for 
review; and 
c) The employing agency, subject to the provisions of the following 
paragraph, determines that the return or presence of such 
prevailing party is unduly disruptive to the work environment. 
If an agency makes a determination under subparagraphs (b) and 
(c) above that prevents the return or presence of an employee at the place 
of assignments, such employee shall receive pay, compensation, and all 
other benefits as terms and conditions of employment during the period 
pending the outcome of any petition for review. 
Section 9. Psnafties. - Any public official or employee who violates 
this act shall be punished with a fine not exceeding the equivalent of one 
(I) 
year's salary or suspension not exceeding one (I) 
year, or removal 
from office depending on the gravity of the offense, after due notice and 
hearing by the appropriate body or agency in a proper administrative 
proceeding. If the violation is punished by a heavier penalty under another 
law, he shall be protected, against under the latter statute. 
Section 1 0 Promulgation of rules and Regulafions, Administration 
and enbrcement of this ad. - The Civil Service Commission shall have 
the primary responsibility for the administrative and enforcement of this 
act. It is hereby mandated to carry out the provisions af this Act. The 
Ombudsman shalt likewise take steps to protect citizens who denounce 


acts or omissions of public officials and employees. The civil Senrice 
Commission and the Ombudsman shall take this Act into account in 
implementing Section 6 of Act No. 6173 on framing a system of rewards 
and incentives for exemplary conduct. 
Section 11. Repealing Clause. - All the laws, decrees, executive 
orders, letters of instruction, directives, rules or regulations contrary to or 
inconsistent with this Act are hereby repealed. 
Section 12. Separability Clause. - If for any reason, any part or 
provisions of this Act is held unconstitutional, the same shall not affect the 
rest of the provisions of this Act. 
Section 13. €Hecfivify. - This Act shall take effect after fifteen (15) 
days following its complete publication in the OHcial Gazefte or at least 
two (2) national newspapers of general circulation. 
Approved,