Scope and Application
- Applies to all officials and employees of DSWD, including Central and Field Offices, the Inter-Country Adoption Board (ICAB), and affiliated centers.
- Covers reporting of undesirable and corrupt practices within the Department.
Legal Foundations
- Based on various laws and constitutional provisions including:
- Article IX, Section 3 of the 1987 Philippine Constitution (public office as a public trust).
- Administrative Code of 1987 provisions on disciplinary powers and investigations.
- Republic Act (RA) 6713: Code of Conduct and Ethical Standards for Public Officials and Employees.
- RA 3019: Anti-Graft and Corrupt Practices Act.
- RA 6981: Witness Protection and Benefit Act.
Key Definitions
- Whistleblower: Employee(s) making protected disclosures to designated authorities.
- DSWD officials and employees: Personnel across all DSWD offices and attached agencies.
- Protected Disclosure: Voluntary information about inefficiencies, wrongdoing, or irregularities within the Department.
- Retaliatory Action: Any adverse or obstructive response to whistleblowing, including administrative, civil, or criminal actions against whistleblower or supporters, and acts such as reprisal, negative appraisals, coercion, or public humiliation.
Reporting Procedures and Confidentiality
- Whistleblowers can report acts or omissions contrary to laws, unfair treatment, or improper authority.
- Reports should be documented using prescribed forms.
- Strict confidentiality is maintained throughout investigation and proceedings.
- Whistleblowers may be compelled to testify if necessary for prosecution.
Rights and Protections of Whistleblowers
- Immunity from administrative action related to protected disclosures.
- Protection against retaliatory actions such as discrimination, punitive transfers, or negative appraisal.
- No breach of confidentiality for whistleblowers obligated to maintain secrecy.
- Protection extends to relatives within the second civil degree of consanguinity or affinity.
Conditions for Protected Disclosure
- Disclosure must be voluntary, in good faith, written, and under oath.
- Must pertain to matters not already under investigation, unless necessary for prosecution or evidence.
- Whistleblower must have personal knowledge and assist in related proceedings.
- Information should be sufficiently detailed and, where possible, supported by evidence.
Exclusions from Protection
- Disclosures arising from official investigations by the disclosing employee.
- Groundless, false, or misleading disclosures.
- Disclosures about office policies.
- Withdrawal of disclosures results in loss of protection and benefits.
Special Provisions for Disclosures by Participants to Misconduct
- Persons involved in misconduct may still be protected whistleblowers if:
- They meet disclosure conditions.
- Are not the most culpable.
- Testify truthfully to their disclosures.
- No other direct evidence is available.
- Testimony is corroborated materially.
Procedure for Handling Disclosures
- Disclosure is evaluated by the Secretary or authorized officials for qualification as protected.
- Protected reports are certified within three working days.
- Appropriate disciplinary or legal actions are initiated based on findings.
Duration and Extension of Protection
- Protection begins at disclosure and continues through investigation and resolution.
- Can be extended to family members within the second civil degree.
Incentives to Whistleblowers
- Secretary may grant incentives subject to existing government rules and regulations.
Remedies and Sanctions
- Breach of confidentiality results in disciplinary action.
- Retaliatory acts against whistleblowers and their supporters prompt administrative/criminal penalties and possible suspension.
- False and misleading statements justify revocation of whistleblower benefits and may lead to disciplinary proceedings.
Effectivity
- The rules take effect immediately upon issuance on February 28, 2009.