Legislated probe body

Since its creation almost three months ago, the Independent Commission for Infrastructure (ICI) have so far come out with five interim reports. The ICI submitted its first-ever interim report last Sept. 29 to the Office of the Ombudsman. In a 32-page report, the three-man ICI chaired by retired Supreme Court (SC) associate justice Andres Reyes Jr. flagged possible anomalies in a P289.5-million flood control project in Naujan, Oriental Mindoro.

The ICI asked the anti-graft body to determine “appropriate charges” to be filed against 18 public officials who included Ako Bicol party-list Rep. Elizaldy Co and district engineers of the Department of Public Works and Highways (DPWH) implicated on the alleged “ghost” flood control projects.

Acting on the ICI complaint, Ombudsman Jesus Crispin Remulla officially filed formal charges against Co and his other co-accused DPWH officials before the Sandiganbayan last Tuesday. One count of malversation and two counts of graft were lodged against Co and DPWH Region 4 officials and executives of construction firm Sunwest Inc. owned by Co’s family.

In its second interim report, the ICI recommended to the Ombudsman “appropriate charges” to be filed against Senators Joel Villanueva and Jinggoy Estrada as well as Co and DPWH Bulacan district engineers for their alleged roles in a kickback scheme involving flood control projects in the province.

It was on the third, fourth and fifth interim report referrals that the ICI recommended the filing of administrative charges against resigned DPWH Secretary Manuel Bonoan, his former undersecretaries Roberto Bernardo and Maria Catalina Cabral and 8 other DPWH officials. They were charged for grave misconduct, gross dishonesty, conduct prejudicial to the best interest of the service, or violations of the Anti-Graft Law.

In all the five ICI referrals to the Ombudsman, none has yet been officially filed against other key leaders of Congress whose names were frequently dragged into Co’s alleged shenanigans in the DPWH flood control projects. They included former Speaker Martin Romualdez, former Senate president Francis Escudero and Senators Grace Poe and Nancy Binay, all of whom have appeared separately before the ICI as resource persons.

Notably, the ICI has yet to recommend criminal action against controversial couple Curlee and Sarah Discaya whose companies allegedly cornered multi-million-peso worth of flood control projects. Yet, the Discaya couple testified already under oath not only before the ICI but as well as at the Department of Justice (DOJ). Prior to these bodies, the Discaya couple likewise testified in the parallel legislative investigations done by the Senate Blue Ribbon Committee and the House Infra committee public hearings.

It’s no wonder, the ICI’s creation was questioned for the third time before the SC.

Former Negros Oriental Rep. Jacinto Paras, lawyers Manuelito Luna and Ferdie Topacio filed the latest petition at the SC on the constitutionality of Executive Order No.94 that created the ICI. EO 94 issued by President Ferdinand “Bongbong” Marcos Jr. (PBBM) on Sept.11 this year, among other things, tasked the ICI to investigate anomalous flood control and other infrastructure projects in the past ten years.

The first petition against the ICI was filed by Louis “Barok” Biraogo as a taxpayers’ suit. A high school teacher John Barry Tayam filed the second petition to SC last Oct.29. All three petitions called the ICI as a “redundant and constitutionally suspect” entity that encroaches upon the functions of existing anti-graft agencies. While the ICI was formed with the intention of ensuring accountability, they all warned its establishment posed questions of legality.

At the Kapihan sa Manila Bay news forum last Wednesday, Paras and Luna expressed optimism that the SC may finally pay attention to these three petitions on the questioned constitutionality of the ICI. Paras and Jacinto filed their 8-page petition to the SC last Nov.11 reiterating the need for the issuance of temporary restraining order (TRO) against the ICI.

Following the “equal protection clause” of the country’s 1987 Constitution, they argued, there are many corruption and anomalies in the operations of other government agencies and these have been happening not just at the DPWH. Yet, the ICI is “handicapped” without subpoena power, Paras rued. Worse, EO 94 required the ICI to submit its report to the Office of the President (OP) as the “clearing house,” Paras charged.

Both Paras and Luna further cited EO 94 intruded into the constitutional bodies of the Office of the Ombudsman and the Commission on Audit both empowered to investigate corruption and anomalies in the affairs of the government. Paras cited the Ombudsman has motu proprio power to investigate any suspected anomaly in any government entities and to act on even anonymous complaints.

Both Paras and Luna served during the previous administration of former president Rodrigo Duterte. Paras formerly served as Secretary of the Presidential Adviser on Political Affairs while Luna got appointed as ex-Commissioner in the Presidential Anti-Crime Commission (PACC).

As a former legislator for three terms at the House of Representatives, Paras noted, EO 94 tacitly directed the Department of Budget and Management (DBM) to look for funds to finance the initial expenses of the ICI. To date, there is no statute passed by Congress which appropriates public money to fund the ICI. The DBM released P41.4 million to the ICI last Nov. 5 charged to the contingent funds of the OP under the 2025 budget.

Paras argued EO 94 also blatantly usurped the legislative power of Congress in creating the proper body. Paras suggested PBBM should wait for the present 20th Congress to pass into law a legislated Independent People’s Commission (IPC).

The IPC bill principally authored by Senate President Vicente “Tito” Sotto III was unanimously endorsed for passage into law by his colleagues. It needs counterpart bills filed at the Lower House earlier filed by Mamamayang Liberal party list Rep. Leila de Lima and Akbayan Rep. Chel Diokno. Sotto earlier urged their House colleagues to just adopt the Senate version to fast track its approval by both chambers of Congress within this year.

That is, if PBBM will even sign it into law to replace the ICI.