Whistle-blower bill refiled anew

MANILA, Philippines - Sen. Juan Edgardo Angara filed anew the Whistle-blower Bill seeking to provide protection and additional benefits for high-profile witnesses.

Angara re-filed the measure as the Senate yesterday resumed its inquiry for the third consecutive Thursday into the multi-billion pork barrel scam.

Under the proposed Senate Bill 1614 or the “Whistle-blower Protection, Security and Benefit Act of 2013,” Angara explained the measure will help restore credibility, integrity and accountability in public service by enabling citizens to speak up about any wrongdoing in government.

“I admire the courage of whistle-blowers for spilling the beans on controversial issues that merit public attention. We need more of them to come forward in order for us to reform the status quo and correct our flawed system,” Angara said.

Angara cited Benhur Luy, who accused businesswoman Janet Lim-Napoles of serious illegal detention to allegedly prevent him from revealing the scam.

Napoles allegedly siphoned off money from the lawmakers’ pork barrel fund through fake non-governmental organizations.

Under SB 1614, whistle-blowers, often charged with the same offense, should be granted immunity and any disclosure made cannot be used as evidence against them.

A whistle-blower also cannot be sued for defamation, given the defense of privileged communication.

Whistle-blowers will be provided security by the government for their own protection, and their identity and disclosure should be kept confidential from the public until the court rules on the disclosure of the crime.

In the event the whistle-blower’s testimony is deemed necessary and indispensable to the investigation and prosecution of a case, he/she is then entitled to the benefits mandated by Republic Act 6981 or the Witness Protection Act.

Those who violate the confidentiality given to protect whistle-blowers will face imprisonment from six months up to six years, while public officials who violate a whistle-blower’s confidentiality can be removed from office and be made to pay damages to the whistle-blower as determined by the court.

Angara’s proposal shields whistle-blowers from retaliation by protecting them from any form of harassment or reprisal tactics by their employers such as discriminatory actions, unwarranted reprimand, punitive transfers, malicious referral to a psychiatrist or counselor, and unfounded or baseless poor performance reviews.

Those who will commit any act of reprisal or attempt to prevent or dissuade whistle-blowers from testifying through harassment or other means can face six to 12 years of imprisonment and/or a fine up to P100,000.

Whistle-blowers are also entitled to more or less half a million pesos if they disclose cases that are capable of pecuniary estimation such as plunder, forfeiture of ill-gotten wealth, bribery, malversation and damage or injury to government.

If a lying whistle-blower is a public official, he or she can be dismissed and permanently banned from holding public office. 

Whistle-blowers who recant their testimonies for no justifiable reason can also be imprisoned for four to six years.