Question & AnswerQ&A (DSWD MEMORANDUM CIRCULAR NO. 03, S. 2009)
The main purpose is to establish rules on internal whistleblowing and reporting within the Department of Social Welfare and Development (DSWD) to encourage ethical behavior, promote good governance, deter corruption, and protect whistleblowers from retaliation.
Whistleblowers are defined as employees or groups of employees who make protected disclosures to their immediate supervisors, the Integrity Development Committee, the Resident Ombudsman, the Secretary of DSWD, or their authorized representatives.
Reports can be made for acts or omissions that are contrary to laws, rules or regulations, office policies, are unreasonable, unjust, unfair, oppressive, discriminatory, or involve undue exercise of authority, dishonesty, impropriety, procedural loopholes, or system weaknesses.
The legal bases include Article IX Section 3 of the 1987 Philippine Constitution, Administrative Code of 1987, Republic Act 6713 (Code of Conduct and Ethical Standards), RA 3019 (Anti-Graft and Corrupt Practices Act), and RA 6981 (Witness Protection and Benefit Act).
Whistleblowers are protected against retaliatory actions, are not deemed to breach confidentiality duties by making protected disclosures, and have their identities kept confidential, except when required to testify in prosecution.
Retaliatory actions include discriminatory acts such as reprimands, punitive transfers, poor performance reviews, obstruction of investigations, negative reports, ostracism, public humiliation, threats, and any civil, administrative, or criminal proceedings against the whistleblower or their relatives due to the disclosure.
The disclosure must be voluntary, in good faith, in writing and under oath; pertain to matters not already the subject of a complaint or investigation unless needed for successful prosecution; the whistleblower must assist in proceedings; have personal knowledge of the facts; and provide sufficient, preferably material, evidence.
Yes, if the person complies with the conditions for protected disclosures, is not the most guilty, testifies in accordance with their disclosure, no other direct evidence is available, and their testimony is substantially corroborated.
False and misleading disclosures or statements can lead to termination of benefits and immunity for the whistleblower, and may subject the whistleblower to administrative or disciplinary actions.
The Secretary or authorized representative or Resident Ombudsman evaluates the disclosure's status, certifies it if protected, and conducts appropriate investigation or initiates proper legal actions within three (3) working days.
Protection commences from the moment the whistleblower makes the protected disclosure or testifies, and continues until the threats or intimidation cease or become manageable. The protection may extend to family members within the second civil degree of consanguinity or affinity.
Violations may result in disciplinary actions according to relevant Department issuances, the Civil Service Commission rulings, the Administrative Code, RA 6713, RA 3019, and other applicable laws.
It applies to all officials and employees of the Department of Social Welfare and Development, including personnel from Central and Field Offices, the Inter-Country Adoption Board (ICAB), and Centers and Institutions attached to the agency.
The Secretary of the DSWD has jurisdiction to investigate and decide on disciplinary matters involving officers and employees under the Secretary's jurisdiction, or the designated committee or officer.