House passes bill protecting ‘whistleblowers’
MANILA, Philippines — The House of Representatives has passed a bill seeking to protect and provide benefits to ‘whistleblowers’.
House Bill 5715 which will also be known as the “Whistleblower Protection, Security and Benefit Act of 2011” was approved on its third and final reading after receiving 234 affirmative votes.
A whistleblower was defined by the bill as an informant or any person who has privileged or personal knowledge or access to data, events or information of any conduct constituting graft and corruption.
The measure mandates the admission of a whistleblower into the Whistleblower’s Program of the Office of the Ombudsman in accordance with rules and regulations of the Act and further provides the Office of the Ombudsman with additional powers and functions relative to the implementation and enforcement of the bill.
A person will need to first sign a Memorandum of Agreement stating his responsibility as a whistleblower before being provided protection and breach of such an agreement shall be a ground for termination of security arrangements.
Two of the authors of the bill, Bayan Muna party-list Representatives Neri Colmenares and Teddy Casiño said that such a law was needed to encourage people to come out in the open and denounce the government’s corrupt officials.
The measure was passed in the hopes that it would help in curtailing graft and corruption in government by ensuring the security of whistleblowers who divulge the erring practices of public officials and employees. Colmenares said that such a bill would also counter the stigma of ostracism.
The bill mandates that persons under its protection would not be subject to any liability whether administrative, civil, or criminal.
It imposes a penalty of imprisonment of 12 years and perpetual disqualification from public office to any person who shall commit any act of reprisal in a workplace, against an employee who is a whistleblower.
Marikina City Representative Marcelino Teodoro said that fear of retaliation from government officials involved in such cases “creates a chilling effect on the willingness of the people to come forward.”
A new institutional mechanism was needed to restore credibility in the government, according to Aurora Representative Juan Edgardo Angara who explained that “the litmus test for such reforms is the government’s treatment of whistleblowers” whom he said were usually accused of revealing information due to grievances with their employers.
Other co-authors of the bill are Iloilo Representative Niel Tupas, Jr., Cavite Representative Joseph Emilio Abaya, Cagayan de Oro Representative Rufus Rodriguez, Abante Mindanao, Inc. party-list Representative Maximo Rodriguez, Jr., Pangasinan Representative Ma. Rachel Arenas, Cebu Representative Gabriel Luis Quisumbing and Sorsogon Representative Salvador Escudero III.
