I.

Abstract
Whistle-blowing is generally considered from the viewpoint of professional morality. Morality rejects the idea of choice and the interests of the professional as immoral. Yet the dreadful retaliations against the messengers of the truth make it necessary for morality to leave a way out of whistle-blowing. This is why it forges rights (sometimes called duties to trump the duty to the public prescribed by professional codes. This serves to hide the obvious fact that whether to blow the whistle is indeed a choice! not a matter of objective duty. "ne should also notice that if it fails to achieve anything then blowing the whistle was the wrong decision (or maybe the right decision that nobody would want to make . There is nevertheless a tendency to judge it based on the motivation of the whistle blower. #n a way! whistle blowers should strive to act like saints. Yet! it is logically impossible to hold both whistleblowing as mandatory and whistleblowers as heroes or saints. Moreover! this tends to value the great deeds of a few over the lives of the many! which is incompatible with the basic assumptions of morality. $ut consistency is not a main feature of professional morality.
The proposed Whistleblowers Protection Act of 2011 (House Bill 5715) seeks to e tend securit! "nd benefits to indi#idu"ls who #olunteer infor$"tion on %r"ft "nd corruption in %o#ern$ent& 't "i$s to uphold inte%rit! in public ser#ice( s"fe%u"rd n"tion"l interest( "nd encour"%e the disclosure of illicit de"lin%s&)

Whistleblowers are e%posed to high risks from a noble act that yields no immediate personal benefit. &ecogni'ing the crucial role of whistleblowers in establishing a culture of accountability! honesty! and integrity! many of policy proposals on whistleblowing provide mechanisms of whistleblower(s protection. )mong others! these bills seek to* + protect whistleblowers from reprisals and harassment + counter the stigma that attaches from the act of whistleblowing + mitigate the social risk of ostracism + secure the person of the informant and his,her family + protect him,her from attack against personal reputation + provide legal immunity when they make public-interest disclosures + penali'e people who retaliate against whistleblowers. The Whistleblower -rotection )ct is currently pending approval in .enate. #f enacted into law! this will give whistleblowers ade/uate protection they re/uire.

1 (Whistleblowing of the Philippines: Awareness Attitudes and Structures) (Inquirer, Philippine Star) (Clar , Whitepaper on the !aw of Whistleblowing)

II. Introduction
)t some point in our career! we may have a concern about an issue we see or hear during the course of our work that affects our business! colleagues or the wider public. Many issues can be easily resolved! but when this is not possible! it can be difficult to know what to do. We may be worried about raising a concern! an%ious that doing so may be seen as disloyal and could put at risk our relationships with colleagues or our employer. We may wish to keep the concern to ourself! perhaps feeling that it(s none of our business! or only a suspicion! or that if we raise the matter we will be branded a 0trouble maker1. 2owever as a professional! we have ethical responsibilities to speak up. #f the matter relates to suspected money laundering or some ta%ation issues! we may have a legal obligation to report an issue. We may also be re/uired to report other issues as a member of other professional bodies. What is Whistleblowing? ) 0whistleblower1 is someone who discloses alleged wrongdoing or a danger to someone else in an effort to rectify or address the wrongdoing. #n some cases! the wrongdoing is continuing or in the future! and the whistleblower is attempting to end or prevent the wrongdoing. #n other cases! the wrongdoing has already occurred! and the whistleblower is attempting to rectify it or hold the wrongdoer accountable. Whistleblowing can be viewed as the reporting of a wrongdoing that needs to be corrected or terminated in order to protect the public interest. This appears to be the key idea that somehow connects the various definitions of whistleblowing found in the literature. Who is a Whistleblower? Whistleblowers vary in their organi'ational tenure and e%perience! but they tend to 0share a belief of absolute moral standards! a strong sense of individual responsibility! and a fierce commitment to upholding moral principles. Their sense of moral standards overrides the benefit-costs calculations in making a decision of whether to blow the whistle. They do not appear to be 0rational calculators of weighting the various costs and benefits of dissent1 because 0if they were they would have not blown the whistle1 #n principle! whistleblowers want to correct or terminate a wrongdoing that they observed in organi'ational settings. )s 0part of society(s alarm and self-repair system1! whistleblowers are valuable for organi'ations and the society because
" (Whistleblowing of the Philippines: Awareness Attitudes and Structures) (Inquirer, Philippine Star) (Clar , Whitepaper on the !aw of Whistleblowing)

they call attention to problems before they become more damaging.They are 0lone voices of reason! morality! and truth who speak out to protect the public from harm.1 2ere3s a list of some controversial 4ilipino Whiltleblowers (adapted from spot.ph 2eidi Mendo'a! former 5") auditor on military scam 6eorge &abusa! )4- scam 7un 8o'ada! 9T: $roadband deal &osebud "ng! ;rug trafficking and kidnap for ransom by .en. -ing 8acson 5larissa "campo! :rap3s <7ose =elarde< scam 5havit .ingson! :rap3s <juetengate< =idal ;oble! <2ello 6arci< tapes -rimitivo Mijares! Marcos dictatorship $enhur 8uy, The key whistleblower in the alleged multi-million scam is 7anet 8im->apoles3 second cousin and former personal assistant. 2e was the president of the non-government organi'ation .ocial ;evelopment -rogram for 4armers 4oundation and worked for >apoles from ?@@? to ?@A?. Identifying and clarifying the concerns in using whistleblowing as an anticorruption instrument. The motives for whistleblowing and the lack of whistleblower protection have often lent controversy to whistleblowing. )lthough whistleblowing has been studied in considerable detail in developed economies and western cultures! there is still a lack of similar studies in the -hilippine conte%t. 5ultural obstacles notwithstanding! whistleblowing could be a promising anticorruption practice in the -hilippines. 2owever! its adoption and eventual institutionali'ation re/uire an in-depth look into the e%isting political! social! cultural and legal structures that hamper and promote the practice! as well as the level of awareness and attitude towards whistleblowing among direct stakeholders. #n addition! any proposed measure towards its adoption should be carefully designed! factoring in inherent pitfalls alongside potential benefits. Lack of transparency and accountability a dominant cause of widespread corruption. 5orruption remains a high-reward! low-risk activity in the public sector. #t is not easy to detect because its key participants have an interest to hide the corrupt practice. The 0good governance1 principle of transparency can be enforced by encouraging organi'ational insiders to report /uestionable activities.
# (Whistleblowing of the Philippines: Awareness Attitudes and Structures) (Inquirer, Philippine Star) (Clar , Whitepaper on the !aw of Whistleblowing)

#n the ;epartment of -ublic Works and 2ighways (;-W2 ! for e%ample! one the top five most corrupt agencies in the national government! the dominant forms of corruption occur because of the absence of mechanisms to enhance the transparency of individual and organi'ational transactions. Many of the observed forms of corruption such as A diverting money away from projects! ? asking for bribes! B lack of transparency in bidding! C overpricing! D doing substandard projects! and E no monitoring of projects can be cured with enforceable mechanisms of enhancing transparency in organi'ations. #n the $ureau of #nternal &evenue! the dominant forms of corruption include connivance in ta% evasion and not collecting the right amount of ta%es. 6eneral bribery and tariff evasion are the most dominant forms of corruption in the $ureau of 5ustoms. These forms of corruption can be prevented if there are mechanisms to enforce transparency in individual and organi'ational transactions.

III. Methods
When undertaking research of this nature! it is important to consider different research paradigms. .ince these parameters describe perceptions! beliefs! assumptions and the nature of reality and truth (knowledge of that reality ! they can influence the way in which the research is undertaken! from design through to conclusions! and it is therefore important to understand and discuss these aspects in order that approaches congruent to the nature and aims of the particular in/uiry are adopted! and to ensure that researcher biases are understood! e%posed! and minimised. &esearch is important for gathering information so that e%isting problems can be solved. #t is /uite helpful in the academic field particularly for professionals like teachers! writers and scientists and lawyers too. &esearch re/uires time! effort and sometimes money to make it worthwhile. 8egitimate online research involves much more than A@ seconds with 6oogle and copy-pasting the Wikipedia links. 8egitimate research is called re-search for a reason* patient repetition! careful filtering! and the separation of drivel from verified content! all performed with a critical and skeptical mindset.

$ (Whistleblowing of the Philippines: Awareness Attitudes and Structures) (Inquirer, Philippine Star) (Clar , Whitepaper on the !aw of Whistleblowing)

I - !esults
While many laws encourages or facilitate whistleblowing! there are also legal standards that mandate confidentiality or nondisclosure! conflicting with whistleblowing norms. 5onfidentiality mandates can be found in contracts (e.g.! non-disclosure agreements ! professional rules (e.g.! lawyers( obligation of confidentiality ! statutes. When a potential whistleblower is subject to a confidentiality mandate! which legal norm prevails* whistleblowing or confidentialityF There is no single answer to this /uestion. 5ourts generally won(t enforce contracts mandating confidentiality about wrongdoing or dangerous conditions. -rofessional confidentiality rules often have e%ceptions allowing disclosures to prevent crimes or serious bodily harm. Whistleblower -rotection )ct allows government employees to violate confidentiality norms stemming from regulations! but not those stemming from statutes or e%ecutive orders. To determine whether someone who is subject to a confidentiality mandate may nonetheless engage in whistleblowing! one must carefully e%amine the specific legal and factual conte%t. 2ouse $ill DGAD which will also be known as the 0Whistleblower -rotection! .ecurity and $enefit )ct of ?@AA1 was approved on its third and final reading after receiving ?BC affirmative votes. ) whistleblower was defined by the bill as an informant or any person who has privileged or personal knowledge or access to data! events or information of any conduct constituting graft and corruption. The measure mandates the admission of a whistleblower into the Whistleblower(s -rogram of the "ffice of the "mbudsman in accordance with rules and regulations of the )ct and further provides the "ffice of the "mbudsman with additional powers and functions relative to the implementation and enforcement of the bill. ) person will need to first sign a Memorandum of )greement stating his responsibility as a whistleblower before being provided protection and breach of such an agreement shall be a ground for termination of security arrangements. Hnder .$ AEAC! whistle-blowers! often charged with the same offense! should be granted immunity and any disclosure made cannot be used as evidence against them. ) whistle-blower also cannot be sued for defamation! given the defense of privileged communication. Whistle-blowers will be provided security by the government for their own protection! and their identity and disclosure should be kept confidential from the public until the court rules on the disclosure of the crime. #n the event the whistle-blower(s testimony is deemed necessary and indispensable to the investigation and prosecution of a case! he,she is then entitled to the benefits mandated by &epublic )ct EIJA or the Witness -rotection )ct.
% (Whistleblowing of the Philippines: Awareness Attitudes and Structures) (Inquirer, Philippine Star) (Clar , Whitepaper on the !aw of Whistleblowing)

Those who will commit any act of reprisal or attempt to prevent or dissuade whistle-blowers from testifying through harassment or other means can face si% to A? years of imprisonment and,or a fine up to -A@@!@@@. Whistle-blowers are also entitled to more or less half a million pesos if they disclose cases that are capable of pecuniary estimation such as plunder! forfeiture of ill-gotten wealth! bribery! malversation and damage or injury to government. #f a lying whistle-blower is a public official! he or she can be dismissed and permanently banned from holding public office. Whistle-blowers who recant their testimonies for no justifiable reason can also be imprisoned for four to si% years. The country(s Medium Term -hilippine ;evelopment -lan for ?@@C-?@A@ lists the strengthening of whistleblower(s protection as one of the priority anti-corruption initiatives. This is an encouraging sign of emerging government support for whistleblowing. The pending bills on whistleblower(s protection and rewards in the ABth 5ongress are also good signs of the political system(s acceptance of the value of whistleblowing. The enactment of the bills into one solid and effective whistleblowing policy would be one of the biggest milestones in the country(s anticorruption campaign. #t would communicate government(s sincerity in reversing the country(s worsening performance in the anticorruption campaign.

I - "iscussion
)n individual(s principles and sense of righteousness are strong reasons to convince him that 0something has to be done1 and that frauds and anomalies should be e%posed. #t is believed that 4ilipinos are innately honestK there are people who will not tolerate wrongdoings and will act to protect the interest of the organi'ation or of society at large. Whistleblowing is also perceived as a means to fulfill one(s obligations as a citi'en! especially in the case of public servants. -atriotism and a sense of pride in being in public service are compelling reasons to respond to the government(s call to report anomalies within its ranks. The decision to blow the whistle becomes easier if there knowledge of support forthcoming! either from one(s organi'ation! the government! or from support groups. .upport groups assure the whistleblower that 0there is strength in numbers1."ne(s role in an organi'ation is also a predisposing factor to blow the whistle. )uditors and compliance officers! for e%ample! are more likely to blow the whistle than employees assigned to operations-related work. #t has been contended! however! that if one(s work obligates him to report a wrongdoing! then such act should not be considered as whistleblowing. 4inally! individuals choose to blow the whistle for lack of other prescribed procedures for addressing wrongdoings.
& (Whistleblowing of the Philippines: Awareness Attitudes and Structures) (Inquirer, Philippine Star) (Clar , Whitepaper on the !aw of Whistleblowing)

While this paper has focused on the law of whistleblowing in the -hilippines! one can find aspects of whistleblowing law in many other countries (both common law and civil law and in international treaties. The law L here and abroad L encourages whistleblowing in a variety of ways. :ven so! whistleblowers continue to occupy a fundamentally ambivalent position in society. .ome whistleblowers are celebrated for their courage and self-sacrifice in protecting society from harm. $ut at the same time! many whistleblowers e%perience financial and social retaliation. This ambivalence is reflected in the law of whistleblowing* both its limited scope and how it actually operates. The law offers whistleblowers some legal protections! but government officials who are responsible for administering those laws often find ways to narrow that protection. )nd even the most robust legal protections cannot protect whistleblowers from the social conse/uences of their actions. #n deciding whether or how to encourage whistleblowing! it is important to consider the social and historical conte%t. Whistleblowing -- the reporting of allegationsagainst others -- resonates /uite differently in a country that has recently e%perienced an authoritarian regime and widespread use of informants than in a country without such e%perience. 8egal mandates that are seen as relatively uncontroversial in the -hilippines. The law of whistleblowing raises comple% /uestions about the role of individuals in protecting the public at large. The many distinctions described in the 0Mey 8egal #ssues1 section above thus reflect broader policy choices about how far the law will go in embracing the role of whistleblowing in protecting the public and vindicating legal norms. The H.>. 5onvention )gainst 5orruption! for e%ample! re/uires national governments to protect testifying witnesses from retaliation or intimidation ()rticle B? and to consider establishing protections against 0unjustified treatment1 for some whistleblowers (those who 0in good faith and on reasonable grounds1 report alleged corruption 0to competent authorities1 .

' (Whistleblowing of the Philippines: Awareness Attitudes and Structures) (Inquirer, Philippine Star) (Clar , Whitepaper on the !aw of Whistleblowing)

Why be honest, when it pays to be dishonest? Why fight for others, when they wont fight for you?---or even for themselves?...the answer I think lies in what life means to you. If life means having a good time, money, fame, power, security---then you dont need principles, all you need are techni ues. !n the other hand, if happiness counts more than a good time, respect more than fame, right more than power and peace of soul more than security" if death doesnt end life but transforms it, then you must be true to yourself and to #od and to love the truth and $ustice and freedom that are #ods other names.%

**+en& ,ose -iokno

( (Whistleblowing of the Philippines: Awareness Attitudes and Structures) (Inquirer, Philippine Star) (Clar , Whitepaper on the !aw of Whistleblowing)