Discayas’ move exposes ICI as ‘toothless,’ lawmakers say
Lawmakers from the House of Representatives on Thursday called for the passage of a law creating a body similar to the Independent Commission for Infrastructure (ICI) but with more authority, including summoning individuals to testify and prosecuting suspects.
The call came after controversial contractors Pacifico “Curlee” and Cezarah “Sarah” Discaya declared they would no longer cooperate in the ICI investigation into alleged anomalies in government flood control projects.
The House members said the Discayas’ move only proved that the commission, established through an executive order, needed more teeth to run after public and private individuals in the multibillion-peso corruption scandal.
Kamanggawa Rep. Eli San Fernando and Caloocan Rep. Edgar Erice, alongside other minority lawmakers, filed House Bill No. 4453 last month seeking to create an independent commission with a purpose similar to the ICI’s.
‘Toothless, powerless’
Such a body would be distinct from the executive-led ICI, which currently has no powers of contempt. Erice said this cast doubt on the commission’s ability to compel witnesses and secure critical evidence.
They called on President Marcos to call a special session to pass HB 4453.
San Fernando warned that the Discayas simply walking away from the inquiry “sends a message to those involved in anomalous and ghost flood control projects that, even if the ICI summons them, they can refuse.”
“[This shows] how toothless and powerless the ICI is … It’s just turned into a massive PR campaign and we can’t blame the people if they see the ICI as a way to whitewash or protect allies of the administration,” he said.
San Fernando also wrote directly to ICI Chair Andres Reyes on Thursday requesting that the commission’s proceedings be open to the public “as a tangible expression proving their commitment to transparency and accountability.”
Erice, meanwhile, stressed that only a commission created by an act of Congress can summon any individual and cite them in contempt if they refuse to testify or submit documents.
Undermining credibility
“Under an executive order, the commission depends entirely on the President for funding and can be abolished at any time. A legislated commission, however, cannot be dissolved easily and will possess true independence,” he said.
“Without a law, the commission is powerless and could become inutile. This refusal to cooperate will encourage others to do the same, undermining the credibility of the investigation and delaying justice in what may be the biggest public fund heist in Philippine history,” Erice added.
Not necessary
Based on an announcement made by ICI spokesperson Brian Keith Hosaka on Wednesday, the Discayas opted out of the ICI probe after hearing an unfavorable opinion expressed by former Public Works Secretary Rogelio “Babes” Singson, one of the commission’s members, who said the couple would not qualify to be state witnesses.
At the Department of Justice, Prosecutor General Richard Anthony Fadullon on Thursday said the Discaya couple had yet to indicate any intention to withdraw their cooperation from the separate probe being conducted by the department.
But the government, Fadullon said, would still be able to press charges even without state witnesses.
“Because even as we speak now, we are also looking into evidence where there is no need for a state witness,” he said.
Fadullon also stressed that the Discayas were “not in a position to demand anything at this time.”
“They’re applying for supposedly witness protection coverage and we have our procedures to determine whether or not they will be qualified or not. It is not for anybody to dictate to us how we will go about doing the evaluation. It is not for anybody to impose any conditions,” he said. —WITH A REPORT FROM JANE BAUTISTA
