Whistle Blowing

“Why be honest, when it pays to be dishonest? Why fight

for others, when they won’t 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 don’t need principles, all you need are
techniques. On 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
doesn’t end life but transforms it, then you must be true to
yourself and to God and to love the truth and justice and
freedom that are God’s other names.”
--Sen. Jose Diokno
What is whistle-blowing?
• Is the release of non-public information, as a moral protest by a
member or former member of an organization outside the
normal channels of communication to an appropriate audience
about illegal and or immoral conduct in the organization or
conduct in the organization that is opposed in some significant
way to the public interest.
Elements of Whistle Blowing:
• Blowing the whistle is something that can be done only by a
member of an organization
• There must be information to share. Non- public information
• The information must be evidenced by some significant kind of
mis-conduct on the part of an organization or some of its members.
• The information must be released outside normal channels of
communication
• The release of the information must be something that is done
voluntarily
• Blowing the whistle must be undertaken as a moral protest, that is,
to correct some wrong and to seek revenge or personal advancement
• Blowing the Whistle As an anti – corruption
INSTRUMENT
What is Corruption?

• As the abuse of public power for private gain. It occurs when a

public official or employee uses his or her power to
solicit or extort bribes
Some hard (sad) Facts about
Corruption
• Corruption is widespread among people occupying higher public
positions.
• Corruption thrives in an environment that lacks people who
challenge, and do something to stop a wrongdoing.
• Corruption becomes more widespread when government lacks
sincerity to act on reported corruption.
• Corruption perpetuates in a culture that has high tolerance of
wrongdoing.
• Lack of transparency and accountability a dominant cause of
widespread corruption.
• The private sector’s ability to control corruption within its ranks
contributes to worsening corruption.
Anti- Corruption Measures
• Punitive and retributive method of combating corruption and
aggressive imposition of administrative sanctions
• Speedy and uncompromising investigation and prosecution of graft
cases
• Efficient and responsive public assistance program
• Intensive graft watch over the bureaucracy
• People empowerment
• Education and transformation of individual psyche through values,
orientation seminars
• Linkages with other government institutions and international
corruption fighters
• Systems and procedures improvement.
Legislative Measures (13 th Congress)
about WB
• Rewards system for informants and witnesses (HB 326 authored by Rep. Imee
Marcos)
• Philippine Informants Act (HB 2388 authored by Rep. Mikee Macapagal-Arroyo)
• Whistleblower Protection Act of the Philippines
(HB 3948 authored by Rep. Raul Gonzalez Jr.)
• Informers and Anti-Corruption Witnesses Protection Act (HB 4248 authored by
Rep. Henedina Abad)
• Whistleblower Act (HB 4448 authored by Rep. Teodoro Casiño)
• Watchdog Act (SB 38 authored by Senator Juan Flavier)
• Whistleblower Protection Act (SB 1685 authored by Senator Miriam Defensor-
Santiago)
• False Claims Act (SB 1713 authored by Senator Miriam Defensor-Santiago)
• Informers and Anti-Corruption Witnesses Protection Act (SB 1761 authored by
Senator Mar Roxas)
Cultural constraints from Blowing the
Whistle?

• Filipinos are perceived to be non-confrontational and keen on

avoiding conflicts or rocking the boat (“ayoko ng gulo”).
• We tend to conform with the group, to value smooth
interpersonal relationships (SIR), kinship, and “pakikisama”,
making it difficult to commit to unpopular, albeit proper, actions.
• Incongruous sense of “utang na loob” and very forgiving
nature.
• It is also said that Filipinos prefer to “shrug it off”, to be passive
and complacent, and not to want to be “involved” in exchange for
“peace of mind”.
The Loyal Agent Argument

• To act in the interest of another person

• Hired to work for the benefit of the employer

• Has an obligation to work as directed, to protect confidential

information and above all, to be loyal
Are Whistle Blowers Disloyal Agents?

• The obligation of loyalty is not without its limits

• Whistle Blowing is not something to be done without

justification but at the same time, it is not something that can
never be justified.

• Employees are hired for a limited purpose

Loyalty to whom?
Is whistle blowing Justifiable?
Conditions for Justified Whistle-blowing:
• Is the situation of sufficient moral importance to justify whistle
blowing
• Must be properly supported by facts and their significance is
understood
• Have all internal channels and steps been exhausted before
blowing the whistle
• What is the best way to blow the whistle
• What is the responsibility in view of the whistle blower’s role
in the organization
• What are the chances for success
When is Whistle Blowing successful?

(a) subject matter and accuracy of information

(b) authorities approached

(c) handling of the divulged information

(d) treatment and behavior of the whistleblower

(e) outcomes of the exercise.

Developing a whistle-blowing policy

• Benefits

• Dangers
Components of a Whistle Blowing
Policy

• An effectively communicated statement of Responsibility

• A clearly defined procedure for reporting

• Well trained personnel to receive and investigate reports

• A Commitment to Take appropriate action

• A Guarantee against retaliation