‘Independent’ flood probe body to get more powers
President Marcos wants the independent body that will investigate the anomalous infrastructure projects of the Department of Public Works and Highways (DPWH) to have more teeth by giving it subpoena powers.
Palace press officer Claire Castro said at a briefing on Thursday that President Marcos was “finalizing” the executive order that would create the commission, detailing the scope of its responsibilities as well as its head and members.
“A draft is already prepared and it is just being fixed,” she said.
“Before, we said that it seemed there was no subpoena power. But what the President wants for the independent commission is to be given strength, to be given teeth, so that it can better carry out its mandate,” Castro noted, adding that “the President wants the independent commission to have subpoena power.”
Granting subpoena powers to the independent commission authorizes it to summon a person to appear before the body.
It also allows the commission to compel a person to produce documents, records, or other physical evidence relevant in the investigation in the case through a subpoena duces tecum.
Individuals who fail to comply with the subpoenas can be charged for indirect contempt, with the offender penalized with a fine of up to six months in prison.
The courts, Congress, constitutional commissions and other quasi-judicial bodies, and key investigative agencies are granted subpoena powers under their charters.
President Marcos was initially not open to the suggestion of lawmakers and some anticorruption advocates to create a third-party body to investigate the flood control projects of the DPWH.
Instead, Malacañang said a review would be carried out by the regional project monitoring committees, chaired by the regional directors of the Department of Economy, Planning and Development as chair.
However, the House of Representatives and the Senate started conducting their own inquiry, much to the opposition of their colleagues as some of those implicated in the projects were lawmakers themselves and their families.
Last Sunday, Mr. Marcos announced he would create the independent commission just as he accepted the resignation of former Public Works Secretary Manuel Bonoan and replaced him with then Transportation Secretary Vince Dizon.
The President said it would be tasked to conduct “a comprehensive review of projects, identify irregularities, and recommend accountability measures to ensure public trust in infrastructure spending.”
Its findings would be used to make recommendations before prosecuting bodies on the government officials or private individuals who should be charged.
Malacañang said it would thoroughly screen the prospective members of the third-party body.
Some names, however, were being floated to constitute the commission, including Baguio City Mayor Benjamin Magalong,former public works head Rogelio Singson, and former police chief Gen. Nicolas Torre III.
Independent anticorruption bodies created in the past included the Presidential Commission on Good Government (PCGG), established in 1986 by former President Corazon Aquino through Executive Order No. 1 to recover the ill-gotten wealth of the Marcoses.
In 2010, the Philippine Truth Commission (PTC) was also created through an executive order issued by then President Benigno Aquino III to investigate alleged corruption committed during the administration of his predecessor, Gloria Macapagal-Arroyo.
In July 2011, however, the Supreme Court declared the creation of the PTC unconstitutional.
Senate issues subpoenas
Meanwhile, the Senate has issued subpoenas to five contractors and three officials of the DPWH to compel them to attend the blue ribbon committee’s probe into anomalous flood control projects scheduled on Sept. 8.
Senate President Francis Escudero, in a statement on Thursday, said he had already signed and approved the issuance of subpoenas to the following:
Pacifico F. Discaya II, authorized managing officer of Alpha and Omega Gen. Contractor & Development Corp.;
Darcy Kimel D.J. Respicio, general manager of Darcy & Anna Builders and Trading;
Sally N. Santos, owner/manager of SYMS Construction Trading;
Maritoni P. Melegrito, authorized managing officer of Elite General Contractor and Development Corp.;
Edgardo Saggum, owner/manager of Eddmari Construction and Trading;
Jaypee D. Mendoza, chief, construction division, Bulacan 1st District Engineering Office, DPWH;
Brice Ericson D. Hernandez, former assistant district engineer, Bulacan 1st District Engineering Office, DPWH, and
Juanito C. Mendoza, accountant III, Bulacan 1st District Engineering Office, DPWH.
In the same statement, Escudero said he also approved the subpoena duces tecum addressed to Commission on Audit Chair Gamaliel Cordoba for the submission of the agency’s fraud audit highlights in its review of the flood control projects of the DPWH and a copy of the responses of the respondents to the findings. —WITH REPORTS FROM CHARIE ABARCA AND INQUIRER RESEARCH
