ICI chair: Justice not enough; we need restitution

MANILA, Philippines — The Independent Commission for Infrastructure (ICI) convened yesterday various government agencies for a closed-door meeting on recovering assets illegally acquired from anomalous flood control projects.

Andres Reyes Jr., ICI chairman, said returning stolen taxpayers’ money is essential to helping the nation “heal” from a “crisis.”

“All those persons responsible for this may be prosecuted and jailed, but to completely heal our nation, justice is not enough. We need restitution,” Reyes stressed minutes before the official start of the asset recovery meeting.

“These assets were purchased using funds; they belong to the Filipino people. Money that could have been spent on building schools, hospitals and road projects was instead burned wantonly on useless luxuries and vices,” the retired Supreme Court justice added.

Eighteen agencies participated in the asset recovery meeting, with representatives from each forming a technical working group on restitution, which will meet at least weekly, according to ICI executive director Brian Keith Hosaka.

Heads of agencies present at yesterday’s meeting were Vince Dizon of the Department of Public Works and Highways, Ariel Nepomuceno of the Bureau of Customs (BOC), Renato Paraiso of the Cybercrime Investigation and Coordinating Center, and Darlene Berberabe of the Office of the Solicitor General.

Other agencies represented at the meeting were the Department of Justice, Commission on Audit, Civil Service Commission, Anti-Money Laundering Council (AMLC), Bureau of Internal Revenue, Insurance Commission, Securities and Exchange Commission, Philippine Competition Commission, Land Registration Authority, Land Transportation Office, Maritime Industry Authority, Civil Aviation Authority, National Bureau of Investigation and Presidential Commission on Good Government.

P5 billion assets targeted

Hosaka noted that AMLC is pursuing P5 billion worth of assets across more than 2,800 accounts, but clarified that this figure is a moving target.

“Of course, what we’ve been hearing so far is that P5 billion is not comparable to what we’ve heard so far,” the ICI executive director said. “Probably, as we go along, it’s going to be bigger.”

The latest AMLC count shows P4.67 billion in frozen assets, comprising 1,671 bank accounts, 163 vehicles, 99 real properties, 58 insurance policies and 12 e-wallet accounts.

The BOC, according to Hosaka, plans to auction off 13 luxury cars seized from contractors Sarah and Curlee Discaya at their Pasig residence, due to “incomplete documentation.”

As for the two luxury cars voluntarily surrendered by dismissed Bulacan assistant engineer Brice Hernandez to the ICI, the commission still needs to verify their paperwork.

Under Article 104 of the Revised Penal Code, restitution is a civil liability where the “offender is forced to give up the thing or condition that he or she had gained back to the situation before he or she became the owner or possessor of the thing or benefited from the condition that had already occurred or happened.”

Hosaka, a former Supreme Court spokesman, explained that the government can petition to forfeit assets independently of criminal charges.

“These are administrative and civil remedies; it will not go through the more thorough process of judicial proceedings,” he said.

Special session

Reacting to the decision of the contractor-couple Discaya not to cooperate anymore in the ICI probe, Rep. Edgar Erice urged President Marcos to call a special session of Congress to ensure the immediate passage of legislation granting the ICI full investigative powers.

Erice said the ICI, created only through an executive order, currently lacks the legal authority to compel private individuals and entities to participate in the investigation.

“Without a law, the commission is powerless and could become inutile. This refusal to cooperate will encourage others to do the same, undermining the credibility of the investigation and delaying justice in what may be the biggest public fund heist in Philippine history,” Erice said.

Meanwhile, Health Secretary  Ted Herbosa said they are including a super health center in Antipolo City in the list of health centers to be reported to the ICI despite its being already completed and operational.

He said the long delay in the start of operations of Tanza Super Health Center is the main reason why it should still be included in the list of the 297 health facilities that the ICI should investigate.

“This was funded in 2022, constructed in 2023, completed in 2024 and turned over to them last year,” Herbosa said in an interview after inspecting the health center yesterday morning.

“It was transferred to them in September (2024) but operational just today. That is still long (time) for me.” - Rhodina Villanueva, Jose Rodel Clapano