Question & AnswerQ&A (OMB OFFICE ORDER NO. 05-18)
The rules aim to promote high standards of integrity and responsibility by encouraging officials and employees of the Office of the Ombudsman to disclose wrongdoing, protect whistleblowers from retaliation, and establish safeguards to prevent frivolous disclosures.
These rules apply to all officials and employees of the Office of the Ombudsman.
'Protected disclosure' refers to the deliberate and voluntary disclosure by an official or employee who has relevant information about an actual, suspected, or anticipated wrongdoing by any official, employee, or organizational unit of the Office of the Ombudsman.
A whistleblower is an official or employee who makes a protected disclosure to his immediate supervisor, other superior officers, the Tanodbayan (Ombudsman), his authorized representative, or the Internal Affairs Board (IAB).
Retaliatory action includes negative or obstructive responses to a whistleblower such as civil, administrative, or criminal proceedings against the whistleblower or their relatives within the fourth civil degree; forcing resignation, negative performance appraisals, reprimands, ostracism, public humiliation, and similar acts.
Whistleblowers have protection against criminal, administrative, or civil actions related to their disclosures, enjoy absolute privileged communication defense in any related action, and are not deemed to have breached confidentiality even if obligated to keep information secret.
Yes, whistleblowers are entitled to confidentiality concerning their identity, the subject matter of their disclosure, and the recipients of their disclosure, throughout and after any proceedings.
A whistleblower may be compelled to testify if the testimony is necessary or indispensable to the successful prosecution of any charge arising from the protected disclosure.
The disclosure must be voluntary, in writing, under oath; pertain to a matter not yet filed or investigated unless essential for prosecution; the whistleblower must assist in proceedings; and information must be sufficiently particular and supported by evidence.
Disclosures related to official investigations by the whistleblower, disclosures without reasonable grounds, those concerning office policy merits, absolutely false or misleading disclosures, and disclosures retracted by the whistleblower are not protected.
Officials or employees who violate confidentiality protections are liable for disciplinary sanctions.
Officials or employees who engage in retaliatory actions will be subjected to administrative and/or criminal proceedings and may be immediately placed under preventive suspension.
They must maintain confidentiality of the whistleblower's identity and the disclosure's subject matter, ensure the whistleblower's well-being, and report the disclosure in detail to the IAB Chairman and/or Tanodbayan within five days.
Yes, whistleblowers may receive commendations, promotions, or other incentives as deemed appropriate.
They are obligated to testify in any proceedings arising from the protected disclosure when called upon.