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HB132 Whistle Blowers Act

HB132 Whistle Blowers Act

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Published by Teddy Casino
AN ACT PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF WHISTLEBLOWERS AND FOR OTHER PURPOSES
AN ACT PROVIDING FOR PROTECTION, SECURITY AND BENEFITS OF WHISTLEBLOWERS AND FOR OTHER PURPOSES

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Published by: Teddy Casino on Aug 13, 2010
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02/03/2011

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Republic of the PhilippinesHOUSE OF REPRESENTATIVESQuezon CityFIFTEENTH CONGRESSFirst Regular SessionHOUSE BILL NO. 132________________________________________________________________________Introduced by Reps. TEODORO A. CASIÑO and NERI JAVIERCOLMENARESEXPLANATORY NOTE
 This bill seeks to support the people's efforts to rid the government of corruption by settingup a-system of rewards and protection for whistleblowers and theirfamilies. Such a measure is in consonance and furtherance of theconstitutional mandate that a public office is a public trust and wherehonesty and integrity shall be maintained at all times. The lack of a legal framework for rewards, protection and security towhistleblowers hasresulted in their minimal protection from probable retaliation, trial bypublicity, outright miscarriage of justice or summary execution. This being the case, corrupt government officials and employees areemboldened to engagein nefarious activities as they feel little fear of exposure or beingcaught and brought to justice. Meanwhile, potential whistleblowers arediscouraged, demoralized and dissuaded because they anticipatenothing but hardship when evaluating the effect of any disclosure.Such circumstances aggravate the worsening condition of graft andcorruption in the country. Thus, a mechanism to secure the person of a whistleblower andcounter the stigma of ostracism must be set up so that any potential whistleblower orinformant on graft and corrupt activities will not hesitate to come outin the open. This bill will set up such a mechanism specifically by: (1) establishing amonetary rewardsystem for the benefit of whistleblowers; (2) protecting informantsagainst reprisals and against civil or criminal liability when they make
 
public interest disclosures; (3) securing the safety of whistleblowersand their families; (4) ensuring that public disclosures are made to theproper public authorities; (5) ensuring that inappropiate publication of unsubstantiated disclosures does not happen, and (6) ensuring thatproper records on disclosures are kept and safeguarded.In view of the foregoing, immediate approval of this measure is sought.
 Approved,
REP. TEODORO A. CASIÑO REP. NERI JAVIERCOLMENARESBayan Muna Party-list Bayan MunaParty-liRepublic of the PhilippinesHOUSE OF REPRESENTATIVESQuezon CityFIFTEENTH CONGRESSFirst Regular SessionHOUSE BILL NO. 132________________________________________________________________________Introduced by Reps. TEODORO A. CASIÑO and NERI JAVIERCOLMENARESAN ACT PROVIDING FOR PROTECTION, SECURITY AND BENEFITSOF WHISTLEBLOWERS AND FOR OTHER PURPOSES
Be
it
enacted by the Senate and House of Representatives of thePhilippines in Congressassembled.
".
SECTION 1. Name of 
the Act.
 
- This Act shall be known as the
"Whistleblower Act 
of 2010.”
SECTION. 2.
Declaration of Policy 
.
- .Public Office is a public trust. Itis the policy of theState to promote and ensure full accountability in the conduct of itsofficers and employees,and exact full retribution from those who shall engage in graft andcorrupt practices. Towards this end, the State shall:
 
(a) maintain honest and high standards of integrity in the publicservice;(b) safeguard the national interest through the prosecution of corruptand erringpublic officials and employees; and(c) encourage and facilitate the disclosure of corrupt conduct andpractices in thepublic service by providing benefits and protection to whistleblowers.Nothing in this Act shall diminish or restrict the entitlement, receipt orenjoyment by awhistleblower or an informant of more or higher benefits provided inexisting laws.
SECTION 3.
Definition of Terms
.
- As used in this Act, the followingterms shall mean:(a)
"Acts constituting graft and corruption
"
shall mean anyconduct, act or omission of public officers and employees solely, or incooperation or conspiracy with private persons which are covered by,or constitute as violations of:1.) Republic Act No. 3019;2.) Republic Act No. 6713;3.) Republic: Act No. 7078;4.) Presidential Decree No. 46;5.) Titles II and VII of Book Two ofihe Revised Penal Code.(b)
"Employee
"
shall mean any person who is made to suffer work by,or whorenders service for, an employer. The term shall include public officersandemployees as defined in this Act as well as any person considered an"employee" under the Labor Code.(c)
 
"Employer 
"
shall mean any individual, partnership, association,corporation orentity, including the government, or any person or group of personswho shall directly or indirectly for or on behalf of said individual,partnership, association, corporation or entity, , hires an employee asdefined in this Act.(d)
 
"Government"
 
includes the National Government, and any of itssubdivisions, agencies or instrumentalities, including government-

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