What is the Whistleblowers Protection Bill?

If better protection and incentives were available to whistleblowers, would more of them come forward to report graft and corruption? This is the premise of the proposed Whistleblowers Protection Act (House Bill 5715), a piece of legislation that aims to support the prosecution of errant and corrupt public officials. The bill was discussed during a recent episode of the GMA News TV news program “Bawal ang Pasaway kay Mareng Winnie,” during which Prof. Winnie Monsod interviewed NBN-ZTE star witness Jun Lozada, COMELEC whistleblower Atty. Melchor Magdamo, and Oriental Mindoro Rep. Rey Umali about the risks faced by many whistleblowers and how the proposed bill may help. Since he revealed anomalies in the national broadband network deal last 2007, Lozada has received death threats and lost his job.  If he also loses his status as state witness, he will face graft charges for allegedly anomalous transactions made when he was president and chief executive officer of the Philippine Forest Corp (Philforest). Magdamo, on the other hand, talked about how he was terminated from his job for revealing anomalies in rent and resources pricing of the COMELEC. Umali, a supporter of the bill, said the bill aims to offer incentives to persons who can reveal valuable information about incidences of corruption, and promises them government protection if they agree to be state witnesses. In her final analysis, Mareng Winnie said while whistleblowers may have various reasons for coming forward, the government must exert every effort to shield informants from harm. Here is a quick FAQ to help readers understand the Whistleblowers Protection Bill: What is the purpose of the Whistleblowers Protection Bill? The proposed Whistleblowers Protection Act of 2011 (House Bill 5715) seeks to extend security and benefits to individuals who volunteer information on graft and corruption in government. It aims to uphold integrity in public service, safeguard national interest, and encourage the disclosure of illicit dealings. How is it different from the current Witness Protection Program of the government? The Witness Protection Act (Republic Act 6981) and the Whistleblowers Bill both encourage persons with knowledge of crimes to testify by offering them security, living benefits, and immunity from criminal prosecution. However, there are some weaknesses in the current Witness Protection Act for which the House Bill aims to make up.   For example, RA 6981 does not offer government protection to state witnesses who are also guilty of the crime that they are reporting, or who have been at any time convicted of a crime involving moral turpitude. This discourages individuals who are directly complicit in criminal offenses from coming forward for fear that they too will face criminal charges. But HB 5715 assures whistleblowers that similar criminal charges won’t be slapped on them. Also, while the current Witness Protection Act prohibits employers from penalizing or withholding pay for absences a witness may incur during an investigation, the law does not explicitly protect witnesses from harassment or reprisal tactics that employers may use to coerce witnesses to resign from their jobs anyway. HB 5715 will shield whistleblowers from retaliation. What sort of revelations are covered by the bill? The Whistleblowers Protection Bill intends to supplement the Witness Protection Act by focusing on cases of graft and corruption committed by government employees. The bill protects whistleblowers who are willing to come forward with information about public officials who have violated any of the following laws:

• The Anti-Graft and Corrupt Practices Act (Republic Act 3019)
• Sections 7, 8 and 9 of the  Code  of  Conduct  and  Ethical  Standards  for  Public  Officials  and Employees (Republic Act 6713)
• An Act Defining and Penalizing the Crime of Plunder (Republic Act 7080)
• Presidential Decree  46,  titled  “Making it Punishable for Public Officials and Employees to Receive, and for Private Persons to Give Gifts on Any Occasion, Including Christmas”
• Title  VII,  Book  Two  of  the  Revised  Penal  Code  on  “Crimes Committed by Public Officers”

Who would be protected by this bill and what sort of protection would be extended to them? (Sec. 10, 13-16) A whistleblower cannot be sued for defamation because of the information he divulges (Section 10). The whistleblower's identity and disclosure should be kept absolutely confidential from the public until the court rules on the disclosure of the crime and, thus, makes it fully public (Sections 13, 16). The whistleblower is also shielded from any reprisals from his employers (Section 14), and is given government security for his own personal protection (Section 15).  Whistleblowers involved in the reported wrongdoing are also immune from being charged for their actions, and any disclosure made or document submitted under this agreement cannot be used as evidence against the whistleblower (Section 9). What's in it for the whistleblower? Informants may get up-front monetary rewards starting at P100,000 when admitted into the Whistleblower Protection program, and even more when the case is filed and when the testimony has been completed (Section 17) . After a whistleblower has testified as a witness in court, he is then entitled to the benefits promised in the regular Witness Protection Act. How is a whistleblower's credibility determined?  What if a whistleblower lies in his testimony? The whistleblower’s responsibilities shall be put into a Memorandum of Agreement with the Department  of  Justice  (DOJ). The whistleblower must provide information, testify in all related hearings, and cooperate with requests of government representatives who will provide him protection. Any information that the whistleblower provides will be studied carefully by the DOJ to determine whether additional testimonies are needed, whether the information can be corroborated, and whether the information is enough to lead to a criminal complaint. Whistleblowers who, however, deliberately give false or misleading testimonies can go to jail for six to 12 years. If a lying whistleblower is a public official, he or she can be dismissed and permanently banned from holding public office.  Whistleblowers who recant on their testimonies for no justifiable reason can also be imprisoned for four to six years. What penalties are imposed on those who violate the protection granted to whistleblowers? (Sec. 23-26) Those who attempt to prevent or dissuade whistleblowers from testifying through harassment or other means can face six to 12 years of imprisonment and/or fines up to P100,000. And imprisonment from six months up to six years faces those who violate the confidentiality given to protect whistleblowers. A public official who violates a whistleblower’s confidentiality can be removed from office and be made to pay damages to the whistleblower as determined by the court. Whistleblowers harassed by their employers are also entitled to legal protection, as ruled by the Civil Services Commission or the Department of Labor and Employment. Lastly, employers who discriminate against whistleblowers in hiring proceedings may also face up to six months of imprisonment. — PF/MRT