Independent probe spans P-Noy, Du30, Marcos years
President Marcos on Thursday created an independent superbody that would investigate corruption not only in flood control projects but all other public works over the years, focusing on those which had been implemented since 2015.
Under Executive Order (EO) No. 94, the three-member Independent Commission for Infrastructure (ICI), was tasked with investigating “anomalies, irregularities, and misuse of funds” in connection with government flood control and other infrastructure projects nationwide.
It can act motu proprio (on its own initiative), and on information, including intelligence reports, against all government officials and employees, and private individuals, who may be involved.
The EO said the investigation will “prioritize” flood control and other infrastructure projects “within the last 10 years.”
PPP to BBM
This covers the final years of the Benigno Aquino III presidency’s “Private-Public Partnership Program,” the “Build, Build, Build” of then President Rodrigo Duterte, and Mr. Marcos’ “Build Better More” infrastructure program.
The EO did not explicitly say that the investigation will cover only the projects of the Department of Public Works and Highways (DPWH), which has been at the center of the recent flood control scandals being investigated by the House and the Senate.
Aside from flood control, infrastructure includes roads and bridges, railways, airports and seaports, water supply and sanitation, power generation, social infrastructure such as school buildings, hospitals and housing, and digital connectivity.
“The Administration is firmly committed to maintain honesty and integrity in public service, and will take decisive measures to repress and hold accountable government officials and employees, and any other individual, who engage in graft, corrupt practices, or other acts that undermine the national interest and betray the people’s trust,” Mr. Marcos said in the EO.
Follow-up step
The President’s move gives more muscle to the initial step he took, which was to launch the Sumbong sa Pangulo website, to expose corruption in flood mitigation works after he found billions of pesos worth of projects already paid for by the government that were either nonexistent, defective or incomplete.
He also disclosed that only 15 out of over 2,000 contractors accounted for 18 percent, or more than P100 billion, of the P545 billion his administration had spent to control flooding across the country since 2022 with little or no impact on perennial floods.
The President hasn’t announced who would be the chair and the two other members of the “ad hoc fact-finding commission.”
The EO said the three members would be persons of “proven competence, integrity, probity, and independence.”
The commission will be supported by a secretariat headed by an executive director to be appointed by the President from a recommendation by the ICI.
The ICI has wide-ranging powers and authority to mobilize support and cooperation from various government agencies.
The EO directs the Department of Justice (DOJ), including the National Bureau of Investigation and National Prosecution Service, the DPWH, Department of the Interior and Local Government, Philippine National Police, and all departments, bureaus, agencies, and offices in the executive branch to assist the ICI.
The commission has the power to obtain, with the proper requests, documents such as contracts and bank statements, from the Bangko Sentral ng Pilipinas and the Bureau of Internal Revenue.
It can also authorize or recommend a hold-departure order or to monitor or prohibit the foreign travel, or to compel the return from abroad, of any public official or employee, or any private individual, covered by its investigation.
It can recommend or request from the Anti–Money Laundering Council (AMLC) and other authorities the freezing or seizure of assets, funds, deposits and properties believed to be connected to irregularities in flood control and other infrastructure projects pending investigation.
Recommendations
The commission can recommend criminal, civil and administrative charges against government officials and employees and private individuals found liable for violating various laws. It can also recommend their suspension to prevent evidence tampering or influencing witnesses.
It will hold hearings, compel attendance to these inquiries, and subpoena documents and other evidence.
Government officials or employees who delay or refuse to comply with any ICI subpoena may face administrative disciplinary action and criminal liability.
The commission is also authorized to obtain from the Senate and the House, upon request, information and documents pertaining to their investigations related to the ICI’s own probe.
The ICI may recommend to the DOJ the admission of a person as a state witness and the government’s Witness Protection Program.
Other probes
The ICI is required to submit regular updates to the Office of the President and also publish its accomplishments and other relevant reports.
The commission will continue its work until it has been accomplished or it is dissolved by the President.
The President earlier said the ICI investigation would not impede the ongoing inquiries by the House and the Senate on the flood control projects.
As the executive has no power over the legislature, the President said Congress can continue its inquiries.
Senate President Vicente Sotto III said that the ongoing probe by the senators will proceed “in aid of legislation” and its committee report may be used by the commission.
The House infrastructure committee’s inquiry into anomalous flood control projects would also continue, “particularly on matters already being discussed by the committee,” said its chair Bicol Saro Rep. Terry Ridon.
Speaker Martin Romualdez said the House would fully cooperate with the commission and vowed not to get in the way of its work, even if it implicates congressmen.
Leila finds it ‘weak’
Romualdez said the House “under my leadership will never be a sanctuary for corruption.”
“I understand the concerns raised about alleged irregularities in flood control programs. These reports have caused pain and frustration among our people, and it is right that they be investigated thoroughly,” Romualdez said.
“Accountability is key here,” he added. “Those who must be held responsible should answer for their actions. Above all, public trust in government must be preserved. The issue at stake: transparency and accountability.”
Mamamayang Liberal Rep. Leila de Lima said the EO was weak compared to the measure she and other progressive lawmakers filed early this week—House Bill No. 4453, which also sought to create an independent commission to investigate the misuse of funds for flood control and other infrastructure projects.
Not created by law
The former senator and justice secretary cited the lack of contempt powers of the ICI, which she said renders its subpoena authority useless.
She also noted the “little to only general reference” to relevant laws that could explain the scope of its inquiry, including the plunder law, Omnibus Election Code, and procurement laws.
More importantly, because this is only an executive creation and not a body created by law, “the effect is that the commission can only bind agencies, officials, and employees in the executive branch,” she said.
De Lima also noted that the EO does not even include constitutional bodies like the Commission on Elections, Commission on Audit, the Office of the Ombudsman and the AMLC as part of its support agencies.
“This is why, while I respect the privilege of the President to issue such an EO, it’s still better to have a law… so that the independent commission has teeth, has a broader mandate,” she added. —WITH A REPORT FROM TINA G. SANTOS
