SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill NO.,_,_1_9_3_2_"_ 
'13 
NOV 18 P5 :48 
1u.:cmn,D BY, "r"" 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
Public office carries with it a sense of responsibility and duty of 
accountability. While it is always a great privilege to hold a public office, 
government officials are expected to serve the people and perform their 
respective functions with integrity. 
, 
Recently, the country has been bombarded with scandals that 
compromised the credibility of government officials. In line with this, 
actions should be undertaken to ensure that misuse and abuse of 
powers are prevented or exposed. 
This bill recognizes the vital role of whistleblowers in exposing the 
wrongdoing of public officials. 
These witnesses have the necessary 
knowledge and information to reveal the illegal activities, of government 
authorities. However, fear of retaliation and lack of adequate protection 
prevent them from coming out in the open. 
The passage of this measure will strengthen accountability and 
reduce corruption in public sectors. It will also encourage citizens to 
report improper use of government office as well as corrupt practices of 
public officials. 
Hence, in the best interest of the Republic, the immediate approval 
of this bill is urgently sought. 
" cs ~=-
JOSEPH VICTOR G. EJERCITO 


SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. __ 
1_9_3_2_ 
Sl'mril' 
t~f";t uf Hl~ ~i't'Hblrl1 • 
'13 
NOV 18 P5:48 
Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
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: 
SECTION 1. Short Title. -
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. 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) Maintain honest an? 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 
whistle blowers. 
Nothing in this Act shall diminish or restrict the entitlement, 
receipt or enjoyment by a whistle blower 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 so1elY', 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. 7080, entitled "An Act Defining and Penalizing 
the Crime of Plunder"; 
(4) Presidential Decree No. 46, entitled "Making it Punishable for 
Public Officials and Employ~es to Receive, and for Priv~te Persons to 
Give, Gifts on Any Occasion, Including Christmas"; and 
(5) Title 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 to 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 the government, or any person or group 
of persons who shall directly or indirectly for or on behalf of said 
individual, partnership, (lssociation, corporation or el}tity, 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). 
. 
(f) 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 employee/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 III 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 
whistle-blower 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 whistle blower or any of the members 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, act or omission of public officers and/or 
employees solely, or in cooperation or conspiracy with private persons 
which are covered by, or amount to violations of Presidential Decree No. 
46; Republic Act No. 3019; Sections 7,8 and 9 of Republic Act No. 6713; 
Republic Act No. 7080; and Title VII; 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 whistle blower'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 whistle blower shall be 
entitled to the additional benefits and protection under Republic Act No. 
6981, otherwise known as the "Witness Protection, Security and Benefit 
Act". 
SECTION 7. Memorandum of Agreement With the Whistleblower. -
As a prerequisite to the availment of the protection and benefits under 
this Act, a whistle blower shall enter into a Memorandum of Agreement 
with the Department of Justice (DOJ), which shall set forth the 
whistle blower's responsibilities including the following: 


(a) To provide information to and testify before all inqulfles, in aid of 
legislation, and before any law enforcement official 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; 
(c) 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 
whistle blower'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 sheill send notice to at whistle blower 
concerned, stating therein the reason for such termination. In view 
thereof, a whistle blower shall be afforded reasonable time to take 
appropriate and necessary protection and security measures. 
In addition, the whistle blower shall return all the financial rewards 
received pursuant to Section 17 of this Act. 
SECTION 9. Protection Against Other Actions. - A whistle blower or 
an informant who has made a disclosure under this Act shall not be 
subject to any liability in any proceeding. Any disclosure made or any 
document submitted to the Council shall be inadmissible in evidence 
against the whistleblower. 
This protection shall also operate as immunity in favor of a 
whistle blower 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 procee'ding, the absolute 
privilege with respect to the subject matter of the disclosure or 
information given to the proper authorities. 
SECTION 11. Confidentiality. - Except as allowed by this Act, 
during and after a disclosure, and throughout and after any proceeding 
taken thereafter, a whistleblower or an informant is entitled to absolute 
confidentiality about: 
(a) Whistle blower'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 whistle blower 
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 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 whistle blower or informant or reveal the 
subject matter of such disclosure, 
except under the following 
circumstances: 
(al The whistle blower or the informant consents in writing prior to 
a disclosure of an information; 
(bl The disclosure is indispensable and essential as determined by 
the Council, having regard to the necessary proceedings to be taken after 
the disclosure; or 
(cl 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 whistle blower 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 reprisals 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 repqrts and the attachment of false personnel 
files 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 whistle blower 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 (DOLE) in case of 
a prolonged absence due to transfer or'permanent relocation under this 
Act or Republic Act No. 6981. 
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 whistle blower be revealed, or anonymity compromised, the 
whistle blower may, upon the recommendation of the Council, be entitled 
to the benefits of Republic Act No. 6981, in addition to the other benefits 
under this Act. 
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 whistle blower. 
SECTION 
17. Financial Rewards for Whistleblowers. -
The 
whistleblower shall be entitled to a corresponding monetary reward in 
accordance with the following stages:' 
Stages 
If the case is susceptible 
of pecuniary estimation 
Upon admission 
P 20q,000 
Into the Program 
Upon filing of the 
P 100,000 
Case with the 
Office of the 
Ombudsman 
Upon completion 
Of the testimony 
Of the whistle-
blower 
P 100,000 
If the case is not 
susceptible of pecuniary 
estimation 
P 100,000 
P 50,000 
P 50,000 
For cases susceptible to pecuniary estimation, such as plunder, 
forfeiture of ill-gotten wealth, bribery, malversation and damage or injury 
to government, the whistle blower ,shall be entitled to an additional 
reward of ten percent (10%) of the actual amount recovered by final 
judgment. 
SECTION 18. Return of the Amount Received as Financial Rewards. 
-
A whistle blower 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 
LGUs, 
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 whistle blowers or 
informants, 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 LGUs, including 
government-owned and -controlled corporations, whether' or not with 
original charters, are likewise required to put in place internal 
procedures for dealing with whistle blowers 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 to the protection and benefits 
provided in this Act shall not be admissible in evidence to diminish or 
affect the whistle blower'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 the 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 whistle blower 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 
(Phpl00,OOO.OO), 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 whistle blower 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; 
: 
, 
1 
(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 to do so. 
In addition, the penalty of dismissal frorn 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 Sections 10, 11, 13 and 
16 of this Act. 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 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 imprisonment of not more 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 whistle blower or believed or 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 who is a public officer or employee. In addition, the 
offender shall be civilly liable to indemnify the whistleblower in such 
amount of damages as may be awarded and deemed reasonable by a 
competent court. 
Towards this end, an aggrieved whistleblower shall be entitled to 
the provisional remedy of injunction against any reprisal in the 
workplace, prejudicial conduct, or discriminatory treatment by reason of 
whistle blower's disclosure. 
The proceedings herein shall be independent of any action that an 
aggrieved person may take before the Civil Service Commission or the 
DOLE for unfair. or discriminatory practices, backwages, or other labor 
disputes, or before other quasi-judicial agencies that mayor 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 whistle blower 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 indemnify the 
whistle blower in such amount of damages as may be awarded and 
deemed reasonable by a competent court. 
SECTION 27. Failure af an Emplayer to. Past 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 (PhplOO,OOO.OO) 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 caurt. For this purpose, 
the president, general manager, or head of agency, office or bureau 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 ar Repart to. the Cauncil. - 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 
there an 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 (Php50,OOO.OO) at the discretion 
of the court. 
SECTION 29. Whistleblo.wer Benefits and Pro.tectio.n Co.uncil. - A 
Whistleblawer Benefits and Protection Council is hereby created 
campo sed of the Overall Deputy Ombudsman as Chairperson, and the 
following as members: 
(a) Prosecutor General, DOJ; 
(b) Special Prosecutor, Ombudsman; 
(c) 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 case the respandent is a member thereaf; 
(g) 
A representative fram. the 
civil 
society /nongovernment 
organization invalved in anti-corruption and gaod gavernance to be 
appointed by the Chairperson af the Cauncil, upon the 
recammendation of the members thereof; and 
(h) A representative fram the business sector to be appainted by 
the Chairperson of the Council, upon the recommendatian of the 
Philippine Chamber of Cammerce and Industry. . 
The existing personnel af the Office of the Ombudsman shall serve 
as secretariat to the Council. 
SECTION 30. Powers and Functio.ns o.f the Co.uncil. - In addition to. 
its powers and functions under existing laws, the Cauncil shall have the 
fallawing powers and functians: 
(a) Manitor, caardinate and evaluate all efforts relative to. the 
implementation and enfarcement af the ,provisians af 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; 
(d) Develop plans and implement programs to further encourage 
whistle blowers or informants on graft and corrupt activities with a view 
to effective deterrence and/or prosecution; 
(e) Control and administer, consistent with the provISIOns and 
purposes of this Act, the protection and benefits of whistle blowers in 
connection with the cases within the coverage of Section 4 of this Act; 
(f) 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 a:qnual General 
Appropriations Act. 
SECTION 32. Implementing Rules and Regulations. - The Council 
shall promulgate such rules and regulations as may be 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 or provisions not affected 
thereby shall continue to be in full force. and effect. 
SECTION 34. Repealing Clause. -
All laws, decrees, executive 
issuances, rules· and regulations inconsistent with this Act are hereby 
repealed or modified accordingly. 
SECTION 35. Effectivity Clause. - This Act shall take effect fifteen 
(15) days following its complete publication in two (2) newspapers of 
general circulation. 
Approved,