Marcos issues EO creating independent commission for flood control probe

President Ferdinand ''Bongbong'' Marcos Jr. has issued an executive order creating the Independent Commission for Infrastructure (ICI). 

Executive Order No. 94 was released on Thursday by the Presidential Communications Office. It stated that it is imperative to constitute an independent body that will investigate and undertake appropriate measures against those involved in irregularities in government infrastructure projects. 

The President will announce the members of the commission later. 

The ICI will be composed of a chairperson and two members who shall be persons of proven competence, integrity, probity, and independence. 

They may be entitled to per diems and allowances, in accordance with existing laws, rules, and regulations. 

There shall also be a Secretariat which shall provide technical and administrative support to the ICI and which shall be headed by an Executive Director to be appointed by the President upon the recommendation of the body.

The Executive Director, which shall have the rank, emoluments, and privileges of an Undersecretary, shall execute and administer the policies and decisions of the ICI and manage the day-to-day operations thereof.

The body shall be supported by a staff complement who shall all possess the necessary background and expertise to ensure the effective implementation of the duties and functions of the ICI.

According to the EO, the body shall, on complaint or motu propio, hear, investigate, receive, gather, and evaluate evidence, intelligence reports, and information, against all government officials and employees, and any other individual, involved in 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 flood control and other infrastructure projects within the last ten years from the effectivity of the EO. 

The ICI shall, based on its findings, recommend the filing of appropriate criminal, civil, and administrative cases or actions against those responsible to the appropriate disciplinary, prosecutorial, and administrative bodies, such as the Office of the President, Office of the Ombudsman, the Department of Justice, and the Civil Service Commission, to exact accountability, in accordance with relevant laws, rules and regulations.

The body may also recommend to the appropriate government bodies or agencies the enforcement of remedies, corrective actions, and/or legislative measures to ensure the proper implementation of infrastructure projects. 

Powers

Under the EO, the ICI shall conduct hearings, take testimony, and receive, gather, review, and evaluate evidence, reports, and information on matters within its power to investigate.

The body also has the authority to issue subpoenas for attendance of witnesses and production of documents necessary for its fact-finding and investigation activities, specifically, subpoena ad testificandum and duces tecum in accordance with relevant laws, rules and regulations.

Under the EO,  any government official or personnel who delays or refuses, without adequate cause, to comply with a subpoena issued by the ICI, or who, appearing before the ICI, refuses to take oath or affirmation, shall be subject to administrative disciplinary action, without prejudice to any criminal liability. Any private person who does the same shall be dealt with in accordance with law.

The ICI will also inform any person who has witnessed or has knowledge or information on the commission of a crime subject to investigation or fact-finding by the body, and has testified, or is testifying, or is about to testify on such matter, that he or she may apply and be admitted into the Witness Protection, Security, and Benefit Program under RA No. 6981, if qualified.

State witness

The body can also recommend to the DOJ the admission of a person as a state witness, in cases where there is a need to utilize a person as a state witness, to ensure that the ends of justice be fully served, provided such person qualifies as a state witness under the Rules of Court of the Philippines.

Upon proper request or representation, the ICI can also obtain from the Senate and the House of Representatives information and documents pertaining to their respective investigations which relate to matters within the power of the body.

It may also obtain from the courts, including the Sandiganbayan and the Office of the Court Administrator, pieces of information and documents pertaining to cases filed with the Sandiganbayan or the regular courts, relating to matters within the power of the ICI.

The body can also, upon proper request or representation to the appropriate authorities, obtain books, records, contracts, bank statements, and other documents pertinent to its investigation.

The ICI can also recommend to or request from the appropriate authorities or the proper courts, the issuance of a hold departure order or other remedies to monitor or prohibit the travel abroad, or to compel the return from abroad, of any public official or employee, or any other individual, under investigation by the body.

It may also recommend to or request from the appropriate authorities the freezing or seizure of assets, funds, deposits, and properties reasonably believed to be connected to anomalous flood control and other infrastructure projects pending investigation with the ICI.

Further, it has the power to invite and collaborate with public officials and/or private individuals of recognized competence and integrity, with established knowledge and expertise in governance, transparency, and accountability, and designate them as Special Adviser or such other capacity as may be deemed necessary, to help in the ICI's investigation, subject to existing laws, rules, and regulations.

The three-man fact-finding team can also engage the services of resource persons, professionals, experts in relevant fields, and such other personnel as may be necessary to effectively carry out its mandate.

The ICI can also perform other functions as may be directed by the President or the Executive Secretary. It is also tasked to provide monthly reports to the OP, through the Office of the Executive Secretary. 

In order for the ICI to accomplish its mandates, the DOJ, including the National Bureau of Investigation and National Prosecution Service, the Department of Public Works and Highways, Department of the Interior and Local Government, Philippine National Police, and all departments, bureaus, agencies, and offices in the Executive Branch, including government-owned or -controlled corporations, shall extend full assistance and cooperation to the body as may be required by the latter in the discharge of its functions and duties.

The ICI shall provide monthly reports to OP, through the Office of the Executive Secretary. It shall also cause the publication of its accomplishments and such other relevant reports.

The EO was signed by Marcos on Thursday, September 11. The ICI shall be rendered functus officio upon the accomplishment of the purposes for which it was created or unless sooner dissolved by the President.

Marcos earlier committed that the body would be truly independent, and that politicians will be excluded in its composition. 

Legislation 

In a video statement, ML party-list Representative Leila de Lima said a law that would create an independent investigating committee on the infrastructure projects in the country should still be passed, as the EO is insufficient. 

De Lima said the EO lacks reach because it only binds the Executive Branch.

“Wala syang sakop sa Legislature, wala rin syang sakop sa Judiciary. So kulang yung reach ng kanyang mandato,” the lawmaker said. 

(It does not cover the Legislature and Judiciary, so the mandate lacks reach.)

“Isa pa, is that, wala talagang binabanggit dito, hindi kino-cover yung mga Constitutional bodies like Comelec, COA, and even yung Ombudsman. Miski nga yung AMLC, wala rin,” she added.

(It also does not cover the constitutional bodies like the Commission on Elections, Commission on Audit, Office of the Ombudsman, and Anti-Money Laundering Council.) 

She also pointed out the vagueness of the EO's title.

“Wala man lang yung specific, yung creating the Independent Commission para imbestigahan yung mga korapsyon, yung misuse of public funds,” De Lima said. 

(It is not specified that an independent commission will be created to investigate the corruption and misuse of public funds.)

She added that the EO did not indicate about contempt powers as a subpoena power is useless without it. 

“Kailangan pa rin po na mayroong batas. Kailangan, yung Independent Commission na yan, para mas may ngipin, mas malawak ang kanyang mandato. Kailangan ito ay likha o creation ng batas,” the lawmaker said.

(The creation of an independent commission must be under a law to have more teeth and a wider scope.)

De Lima made the statement as she compared the EO to House Bill 4453 or An Act Creating An Independent Commission To Investigate The Misuse Of Funds For Flood Control And Other Infrastructure Projects, Granting It Broad Investigative And Subpoena Powers, Providing For A Secretariat, And For Other Purposes. She is one of the authors of the bill. 

She said the proposed measure can institute or initiate an independent commission, administrative cases, and directly recommend to the Department of Justice and the Ombudsman.

The lawmaker also urged the Senate and House of Representatives to give way to the investigation of the Independent Commission, as some members of Congress have been linked to the anomalous flood control projects. — with Mariel Celine Serquiña/AOL/RSJ/VBL, GMA Integrated News