The term “whistleblower” is defined by the Revised Corporation Code of the Philippines (“RCCP”) as “any person who provides truthful information relating to the commission or possible commission of any offense or violation under the Revised Corporation Code of the Philippines”. However, this statutory definition is limited to violations of a specific law and does not have a general application within the Philippine legal system.

Notably, there is no general whistleblowing law in the Philippines to protect all forms of whistleblowing acts in all contexts. However, whistleblowing may be governed by different laws depending on the context. These include the protection of witnesses in criminal cases, the protection of whistleblowers who report violations of the corporation code, the prohibition of retaliation against employees who testify against their employer, and other highly-specific situations.

The following are some of the different laws (and the various contexts) of whistleblower protection in the Philippines:

1. Witness Protection in Criminal Cases

The Witness Protection, Security, and Benefit Act (Republic Act No. 6981) establishes a witness protection program to “whistleblowers” if their testimony is vital in criminal investigations or criminal prosecutions. This law, however, does not define “whistleblowers”. Instead, the law defines and protects witnesses. A witness is defined as “any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority”.

Witness protection, however, is actually quite limited in scope. To be admitted into the witness protection program, a whistleblower’s testimony must be for an offense penalized by at least twenty (20) years and one (1) day. The “whistleblower” must also establish that they and/or their family are subjected to threats to their lives, bodily harm, or that there is a likelihood to be killed, forced, intimidated, harassed, or corrupted to be prevented from testifying.

Under the Rules on Criminal Procedure, a person facing trial in a criminal court may be discharged to be a state witness instead. He must prove to the satisfaction of the trial court that his testimony is absolutely necessary to secure the conviction, that his testimony can be corroborated, and that he does not appear to be the most guilty.

2. Whistleblower Protection in Corporation Code Violations

The Revised Corporation Code of the Philippines (Republic Act No. 11232) introduces measures to improve corporate governance and accountability, but it does not explicitly create a stand-alone whistleblower protection law.

As quoted above, a whistleblower” is defined “any person who provides truthful information relating to the commission or possible commission of any offense or violation under the Revised Corporation Code of the Philippines” The law provides penalties for retaliation against whistleblowers.

3. Prohibition against Employers’ Retaliation against Employees reporting Labor Code Violations

Under the Labor Code of the Philippines, it is an unfair labor practice for an employer “to dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code”. Officers and agents of the employer who actually participated in, authorized or ratified unfair labor practices may be held criminally liable

4. Protection for Persons Required to Report Transactions Suspected of Money Laundering

The Implementing Rules and Regulations of the Anti-Money Laundering Act (Republic Act No. 9160, as amended) insulates persons required to report covered transactions and suspicious transactions from possible lawsuits as long as their reports are made in good faith.

Rule 22, Section 5 thereof provides that “No administrative, criminal or civil proceedings shall lie against any person for having made a covered transaction report or a suspicious transaction report in the regular performance of his duties and in good faith, whether or not such reporting results in any criminal prosecution under this Act or any other Philippine law.”

5. Confidentiality for Citizens Reporting against Government Inefficiency or Corruption

The Ombudsman accepts anonymous complaints, so long as it “contains sufficient leads or particulars to enable the taking of further action” (https://www.ombudsman.gov.ph/frequently-asked-questions/).

The Anti-Red Tape Authority also accepts anonymous complaints, so long as it includes “available evidence to prove the allegations of the complainant” (Rule II, Section 5(d) 2020 Rules for Procedure for Complaints Handling and Resolution).

6. Penalties against Employers and School Heads who fail to act on reported acts of Gender-based Sexual Harassment

The Safe Spaces Act (Republic Act No. 11313) imposes penalties on Employers and School Heads (principals, school heads, teachers, instructors, professors, coaches, trainers, or any older person who has authority, influence or moral ascendancy over another in an educational or training institution) for not taking action on reported acts of gender-based sexual harassment committed in the workplace or in the educational institution.

7. Internal Whistleblowing Policies

Most organizations, private and public, may have a whistleblowing policy or at least an anonymous/confidentialreporting mechanism for persons to report illegal acts to the authorities.

By way of example in the government, the following government agencies define “whistleblower” in their respective Rules on Internal Whistleblowing and Reporting:

Government Agency and Internal Issuance / Rule	Definition of “Whistleblower”
The Philippine Ombudsman, through Office Order No. 05-18	“Whistleblower” refers to an official or employee who makes protected disclosure to his immediate supervisor, other superior officers, the Tanodbayan and/or his duly authorized/designated representative or the Internal Affairs Board (IAB)”
The Bureau of Corrections, through Special Order No. 128-08	“Whistleblower” refers to any official or employee who makes protected disclosures to his immediate supervisor, other superior officers and the Internal Affairs Board (IAB)
Bases Conversion and Development Authority, through its Whistleblowing Policy	“Whistleblower” refers to any person who, in good faith, voluntarily reports, or is believed to be about to report, or is believed to have reported about a suspected integrity violation committed by a BCDA officer or employee. The Whistleblower may or may not be an officer or employee of BCDA or of the subsidiaries of BCDA. The Whistleblower has to show in his/her disclosure that the BCDA officer or employee “has engaged, is engaging or proposes to engage in improper conduct” or “has taken, is taking or proposes to take detrimental action”.

By way of example in the private sector, the hospital St. Luke’s Medical Center has an anonymous and independent whistleblowing platform available (https://secure.deloitte-halo.com/slmc-speakup/?Pg=makereport). St. Luke’s Medical Center states that it will “try and ensure that you remain anonymous if you choose to do so. SLMC whistleblowing service will keep any information you give about yourself confidential within SLMC whistleblowing service. SLMC whistleblowing service will also disclose it if required by law to do so.”

It is also common for industry groups or retailers or manufacturers (i.e., software, brand owners, etc.) to set up a hotline or reporting platform where any concerned individual or whistleblower may call or contact to report counterfeit products or activities.

Talk to a lawyer before engaging in whistleblowing activities

Due to disparate existing laws and internal whistleblowing policies, it is best to seek legal advice before engaging in whistleblowing activities or acting on anonymous/confidential complaints to ensure the protection of whistleblowers against retaliation.

Sy & Partners has experience handling corporate investigations, assisting whistleblowers, and advising institutions manage legal risks with integrity. For more information, you may reach out to us through the following lawyers: