Erwin Tulfo: Fate of solons linked to flood projects mess up to independent panel

Senator Erwin Tulfo said Friday it is up to the independent commission tasked to look into questionable flood control projects to investigate the congressmen and senators implicated in the alleged anomalies. 

Tulfo said that because of the inter-parliamentary courtesy in the bicameral Congress, the Senate and the House of Representatives cannot investigate one another even as names of certain lawmakers have been floated amid the controversy. 

"Kaya nga ho ang mga kababayan natin, hindi po natin masisi kung nagdududa sa imbestigasyon na ito na parang baka drama lamang ang lahat ng ito. Kaya kung ako ang tatanungin, sang-ayon po ako and I'm really very eager and waiting na mabuo na po yung ginawa ni Pangulo na Philippine independent commission na mag-iimbestiga po sa lahat ng ito," the neophyte senator said. 

(We can't blame our countrymen if they are doubting the investigations as if these are all just part of a drama. That's why I'm really very eager and waiting for the Philippine independent commission that the President has created to investigate all of this.) 

Both the Senate and the House are currently conducting their separate probes on anomalous flood control projects. 

President Ferdinand "Bongbong" Marcos Jr. is also set to create an independent body that will conduct a comprehensive review of projects, identify irregularities, and recommend accountability measures to ensure public trust in infrastructure spending.

Marcos has said the commission would need forensic investigators, lawyers, justices, and prosecutors who will look at the pieces of evidence on these anomalous and ghost flood control projects.

Malacañang said Thursday the President wants the independent commission to have subpoena power in order "to have teeth in implementing its mandate." 

Law for subpoena powers

Senator Francis "Kiko" Pangilinan, for his part, said he was willing to create a law that would give subpoena powers to the independent commission which will investigate the dubious flood control projects. 

Pangilinan, who is a lawyer, explained that while the President has the power to create an independent commission under the Administrative Code, only the Congress or the Judiciary, and not the Executive, can provide subpoena powers by way of a law or internal rules to an independent commission.

"If the President creates such a body, we are willing to author a law to provide the commission with such subpoena powers, otherwise, such a commission may not be able to compel the attendance of witnesses nor the submission of documents and as such become ineffective," the senator said in a Facebook post. 

Tulfo also said he expects that once the panel is established, it would show no courtesy either to the Senate and the House and would be solely answerable to the President. 

Regardless, he said that he will still ask Senate blue ribbon committee chairman Rodante Marcoleta if the Senate can invite the lawmakers tagged in the anomaly as "resource persons" in the next hearings. 

He also said the panel has gathered enough information on government officials allegedly involved in the anomalous flood control projects. 

"Opo, meron po kami mga nakuha na puwede po naming [ibigay] kung hingin po ng DOJ (Department of Justice), pero, siyempre, ipapaalam po muna tayo at desisyon po 'yan ng ating chairman si Senator Dante Marcoleta kung ano ang plano niya," Tulfo said. 

(Yes, we have gathered information that we can give if the DOJ requests it, but, of course, we will ask our chairman first, Senator Dante Marcoleta, of his plan because he has to be the one to decide on that.) 

"Pero 'yung sa akin na naman po, opinion ko 'yun, I believe, puwede na po. Puwede na mag-imbestiga ang Ombudsman, 'yung mga official na sabit. Hindi lang po doon sa mga DPWH (Department of Public Works and Highways), pati po 'yung mga sinasabing ng mga kongresista umano at mga senador, puwede na po umpisahan, imbestigahan po 'yan ng Ombudsman. Tapos 'yung mga contractor, then DOJ po mag-imbestiga," he added.

(But for me, this is my personal opinion, I believe the Ombudsman can already investigate the officials involved. Not only those from the DPWH, but also the alleged congressmen and senators involved. The DOJ can also investigate the contractors.) — VDV, GMA Integrated News