Labor groups to Magalong: You can’t be both mayor and investigator
Citing the Constitution, labor groups on Sunday urged Baguio City Mayor Benjamin Magalong to resign, following his appointment by President Marcos to the newly created independent body tasked to investigate corruption in government infrastructure projects.
The Nagkaisa labor coalition said in a statement that while it recognizes Magalong’s integrity and “burning” passion, his role as special adviser to and investigator in the Independent Commission for Infrastructure (ICI) must be clear.
“Either he is appointed as full-time investigator of the ICI to focus on the job without conflict, or he serves only as an adviser or consultant,” Nagkaisa chair and Federation of Free Workers president Sonny Matula said.
“To insist on wearing two hats—as mayor and investigator—risks making the probe look like a half-hearted initiative, good in form but weak in substance,” Matula added.
No legal basis
The labor coalition cited Section 7 of Article IX-B of the 1987 Constitution which states: “No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure, unless otherwise allowed by law or by the primary functions of his position.”
It noted that the Supreme Court also upheld the ban in its 1993 ruling (Flores v. Drilon; G.R. No. 104732) which said elective officials cannot be appointed to another post while serving their term.
The Inquirer reached out to Magalong for comment but he has yet to respond as of this writing.
Malacañang on Saturday announced the appointments of former Public Works Secretary Rogelio “Babes” Singson and Rossana Fajardo, country managing partner of the SGV & Co. auditing and consulting firm, as members of the ICI created by President Marcos.
The third and final member who will chair the commission will be made public “in the coming days,” the Palace said.
Advisory capacity only
Malacañang has also yet to name the ICI executive director who shall execute and administer the body’s policies and decisions and manage its day-to-day operations.
While Mr. Marcos did not choose Magalong to join the commission proper, he was appointed special adviser for his “experience in leading difficult investigations, uncovering internal wrongdoing and enforcing compliance.”
The Palace defended his inclusion despite the President’s earlier commitment that no politician would be appointed to the body to ensure its impartiality.
Malacañang press officer Claire Castro said Magalong “is not part of the three-member commission. And whatever [he] knows will also be a great help [to the ICI], so let us give him the opportunity. And this opportunity should be used to show the public that he is serving the interest of the people.”
A statement on Magalong’s Facebook page said his “role allows him to lend his investigative expertise without compromising his primary responsibility as mayor of Baguio City, where he remains committed to hands-on leadership and good governance.”
Fact-finding body
Created by Executive Order (EO) No. 94, the ad hoc fact-finding body shall investigate all government officials and employees, and private individuals involved in the anomalies, irregularities, and misuse of funds in the planning, financing, and implementation of government flood control and other infrastructure projects nationwide.
The ICI shall prioritize the investigation of public works implemented from 2015 to 2025, spanning three administrations: from that of the late President Benigno “Noynoy” Aquino III to those of former President Rodrigo Duterte and Mr. Marcos.
Based on its findings, it shall recommend the filing of appropriate criminal, civil and administrative cases or actions against those accused before the Office of the President, Office of the Ombudsman, Department of Justice and Civil Service Commission.
Permanent commission
Meanwhile Senate President Vicente Sotto III said on Sunday he would formally ask the President to certify as urgent Senate Bill No. 1215 to ensure that the EO creating the Independent People’s Commission (IPC) will become law and guarantee the body’s existence beyond the term of Mr. Marcos.
“While the President’s Executive Order is immediate, my bill ensures permanence. The IPC will not just be a stop-gap measure, it will institutionalize oversight and prevent instances like this from happening again in the future,” Sotto said in a statement.
Senate President Pro Tempore Panfilo Lacson suggested the same be done to the sumbongsapangulo.ph website, which he said can be made more valuable to taxpayers by including data on funding for all infrastructure projects from the National Expenditure Program to the General Appropriations Act, as well as the identities of the proponents of amendments or insertions all the way to the project implementation and completion.
“And yes, complete with geotagging, please,” Lacson said.
