Erice: If special session needed for ICI bill, then we should do it

The House of Representatives can convene in a special session to tackle the bill strengthening the Independent Commission on Infrastructure (ICI), which is investigating flood control projects, according to Caloocan Representative Edgar Erice.

Erice called on his colleagues to convince President Ferdinand Marcos Jr. to certify as an urgent measure House Bill No. 4453, which grants contempt powers and expanded subpoena authority to the ICI.

“This is for our people, this is for our future. I call on us to pass a law that would strengthen the ICI, which was established by the President," he said in a privilege speech.

“If we need a special session to do this, then we should do it,” he added.

A measure certified as urgent allows the House and the Senate to approve the measure on second and third reading on the same day.

Congress is in session until October 13, 2025 before it goes on break.

The lawmaker also disclosed that he has talked to a member of the ICI who, he said, appears to be losing hope and is contemplating on resigning due to the commission's limited powers.

GMA News Online is trying to reach the ICI for its comment.

A member of the Independent Commission on Infrastructure (ICI), a creation of President Ferdinand Marcos, Jr. tasked to probe anomalous government flood control projects, is considering quitting the ICI due to the body’s lack of authority, an opposition lawmaker said.

Caloocan Rep. Edgar Erice made the disclosure in a privilege speech on Monday, although he did not drop names.

Nakausap ko ang isang miyembro ng ICI, siya nawawalan na siya ng pag-asa...[naiisip ] kung siya ay mag-re-resign dahil sa kakulangan ng kanilang poder,” Erice said.

(I have talked to one ICI member, and the person is losing hope, considering resignation, due to ICI's limited powers.)

“Lalo na pong mawawala ang tiwala ng mamamayan [sa ICI]. Sabi niya po, without contempt powers we might as well just ask the NBI and the Ombudsman to do the investigation,” Erice added, referring to the National Bureau of Investigation.

(If this goes on, the public won't be able to trust the ICI. The person told me that without contempt powers, the ICI should just leave the job to the NBI and the Ombudsman.)

Last September 29, Baguio City mayor and retired police officer Benjamin Magalong resigned as an ICI member after the Palace clarified that his role was to serve as ICI's special adviser, not as lead investigator.

The ICI was created through Executive Order (EO) No. 94, which 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. 

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.

However, the ICI does not have prosecutorial and contempt powers.

Meanwhile, the Ombudsman law mandates the office to:

• investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient;
• direct, upon complaint or at its own instance, any officer or employee of the government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;
• direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglect to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 of the law, among others.

House Deputy Minority Leader and ML party-list Rep. Leila de Lima also earlier called for the Presidential appointment of a proactive Ombudsman to complement the passage of House Bill 4453. —LDF, GMA Integrated News