House opposition members file bill to give ICI contempt powers

Members of the opposition in the House of Representatives have filed a bill seeking the grant of contempt powers and an expanded subpoena authority to the Independent Commission for Infrastructure created by President Ferdinand "Bongbong" Marcos Jr., through Executive Order No. 94.

House Bill No. 4453 also seeks to rename the commission as the Independent Commission Against Infrastructure Corruption and address ICI's limited powers to root out corruption in government projects.

1. Leila De Lima of ML party-list
2. Adrian Michael Amatong of Zamboanga del Norte
3. Arlene "Kaka” Bag-ao of Dinagat Islands
4. Percival Cendaña of Akbayan party-list
5. Chel Diokno of Akbayan party-list
6. Edgar Erice of Caloocan City
7. Jaime Fresnedi of Muntinlupa
8. Dadah Kiram Ismula of Akbayan party-list
9. Cielo Krisel Lagman of Albay
10. Paolo Henry Marcoleta of Sagip party-list
11. Elijah San Fernando of Kampanggawa partylist
12. Alfonso Umali Jr. of Oriental Mindoro and
13. Iris Marie Demesa Montes of 4K party-list.

In a joint statement, the authors called on Marcos to certify the bill as urgent.

“Billions of pesos of taxpayers’ money are pocketed by public officials,  government employees, and private contractors. On September 11, the President issued Executive Order  No. 94 creating the Independent Commission for Infrastructure (ICI) to investigate those involved in irregularities in flood control and other infrastructure projects," the statement read. 

"EO 94 is a start, but the Commission it created is not powerful enough,” it added.

“It is very important for the President to certify this bill as urgent to abbreviate the process. We are praying to have this legislated because you know our current situation is in a crisis," De Lima said in a press conference.

"Many are angry, and there are protests. Let's not wait for the chaos like what is happening in other countries like Indonesia and Nepal,” she added.

"For the President to really express his sincerity in these efforts, he needs to certify this bill as urgent because ultimately, perpetrators of corruption should be sent to jail. People need to be held accountable for stealing taxpayers’ money,” Cendaña said.

Certifying the bill as urgent allows the House and the Senate, respectively, to approve a bill on second and third reading on the same day.

President Ferdinand Marcos Jr. clarified the functions of the body.

"Well, upon discussion with—clearly that the subpoena powers were necessary. However, the contempt powers, the power to hold people in contempt, I think was not necessary simply because this is not a prosecutorial body – this is an investigative body," he said.

"So, what the commission will do is that they will investigate, they will call people in, they will subpoena records, they will conduct hearings and once they have their findings, they will forward those findings to the proper agency – should it be the Ombudsman, should it be the DOJ; if it's an administrative case by government employees, sa Civil Service Commission and all of the proper agencies, doon na sila magrekomenda," her added.
 
"And, if such personalities continue to avoid or not cooperate with the Ombudsman or the DOJ, doon sila mako-contempt. So, we do not lose that power and capability to hold people in contempt should they not cooperate, should they not respect subpoenas," Marcos said.

Under House Bill 4453, the ICI’s subpoena power covers all branches of government, including the constitutionally-created bodies, and private companies and individuals. Likewise, the bill grants it full and unrestricted access to all government records.

In addition, the ICI under House Bill 4453 cannot be subjected to a TRO or preliminary injunction by any court, except the Supreme Court.

“HB 4453 has strengths that amplify an investigative commission’s independence, credibility, and merits. The contempt power of the investigative commission under HB 4453 is established by law,” the joint statement read.

The House opposition members said that while the ICI has the authority to issue subpoenas, it has no contempt powers and may only compel cooperation from officials and employees of the executive branch, while cooperation from the private sector is only encouraged and ultimately, subject to the discretion of the President.

“ICI is ad hoc. The Chief Executive may just unilaterally declare the accomplishment of ICI’s goals if there is a change in the presidency, or a shift in the President’s views on the matter,” the opposition lawmakers said in their statement.

The House minority said the passage of 4453 to complement EO 94 will make it “a stronger and more independent commission.”

“The mandate of the independent investigative commission under HB 4453 is already broad and is expected to expand further. The demands and expectations of our people are real, cogent, and urgent. Their clamor rings loudly and clearly: ferret out the whole truth, exact accountability, and swiftly institute reforms,” they added. –NB, GMA Integrated News