Senate, House to have own whistle-blower's programs

MANILA, Philippines - To protect witnesses in congressional investigations, the Senate and the House of Representatives will be having their own Whistle-blower’s Programs under the act providing protection, security and benefits for whistle-blowers.

“The resource person or whistle-blower, with his/her express consent, may be admitted into the program upon the recommendation of the legislative committee where his/her testimony is needed when in its judgment there is pressing necessity,” read Senate committee report 47.

Under the Whistle-blower Protection Act of 2011, the Senate President or the Speaker of the House, whichever the case may be, are the persons responsible for allowing an individual into the program.

“The Senate or the House of Representatives, whichever the case may be, shall have primary jurisdiction in the administration and implementation of the program independent from any other agency of government when the investigation or the safety of the resource person or whistle-blower shall be prejudiced,” the report added.

Under the act, a whistle-blower shall refer to any person who has personal knowledge or access to any data, information, fact or event constituting improper conduct, or in cases where such person participated in any improper conduct, such person is not the most guilty, and shall therefore qualify as a state witness against the persons subject of such disclosure.

“A qualified whistle-blower shall mean a whistle-blower qualified and admitted into the Whistle-blower’s Program of the implementing agency in accordance with this act and its implementing rules and regulations.”

Under the act, whistle-blowers, whether from the public or private sector, shall be entitled to the benefits provided that requisites are complied with. These include that the disclosure is voluntary, in writing and under oath; the disclosure relates to acts constituting improper conduct, and the information to be disclosed is admissible in court as evidence.

The testimony of a qualified whistle-blower in court shall not be necessary for the entitlement or enjoyment of the benefits of the act.

“In the event that the whistle-blower’s testimony is required as found by the Implementing Agency to be necessary and indispensable for a successful prosecution of a case, he/she shall be entitled to the additional benefits and protection under Republic Act 6891 otherwise known as the Witness Protection Program,” the act read.

“Any person who shall violate the protection of confidentiality of a protected disclosure... shall suffer the penalty of not more that one year but less than six months imprisonment with the accessory penalty of temporary absolute disqualification for public office, in case of public office or employee, and shall be civilly liable to the whistle-blower in such amount of damages as may be awarded and deemed reasonable by the court.

“The proceedings herein shall be independent of any action that an aggrieved whistle-blower may take before the Civil Service Commission or the Department of Labor and Employment for unfair discriminatory practices, back wages or other labor dispute, or before other quasi-judicial agencies that may or may not have risen from a disclosure or a believed, or suspected disclosure.”

The committee report 47 – prepared by the Senate committee on justice and human rights chaired by Sen. Francis Escudero and committee on finance headed by Sen. Franklin Drilon – is waiting approval before the plenary.

It is expected to be tackled once the second regular session of the 15th Congress starts next week after President Aquino delivers his second State of the Nation Address (SONA).