‘The Cabral files’

The Independent Commission for Infrastructure (ICI) started with a spurt as soon as it got established by Executive Order (EO) 94. President Ferdinand “Bongbong” Marcos Jr. (PBBM) created the ICI under EO 94 signed on Sept. 11 this year. EO 94 tasked the ICI, among other things, to investigate reported anomalous flood control and other infrastructure projects in the past 10 years. 

However, just a few days before it could reach its third month of existence, the ICI is now said to be closing shop soon. No less than newly appointed Ombudsman Jesus Crispin Remulla definitively announced the ICI ceases from its existence in the next two months. “I think it (ICI) only has a month or two. Then they can turn over all their work to us,” Remulla quipped.

Remulla literally jumped the gun on the three-man ICI after one of its members, former Department of Public Works and Highways (DPWH) secretary Rogelio Singson, suddenly resigned. Singson publicly admitted his 77-year-old body could no longer absorb the rigors of his tasks at the ICI. His resignation takes effect on Dec. 15 yet.

Since they got established hurriedly through an EO, Singson believes a legislated ICI could better perform the job. As it is at present, he rued, the ICI’s fact-finding duty has made them as the “punching bag” for administration critics. Much worse, the ICI is being tagged as the “washing machine” in protecting certain powerful personalities implicated in the flood control mess.  

But what really made the media-savvy ombudsman render such unsolicited estimate on how long the ICI will exist? Perhaps, as a former Marcos Cabinet official, the ex-justice secretary probably was among those who helped craft EO 94 to initially target the scandalous DPWH flood control projects in the Congress-approved 2025 budget law. 

Because at that time, the growing national outrage had been gaining traction on the ground over these reported trillion-peso worth of taxpayers’ money lost to corruption. This public outrage was manifested in the “Trillion Peso March” precisely timed last Sept. 21 to coincide with the anniversary of the 1972 martial law imposition in the Philippines. 

We actually do not observe with any fanfare this dark episode in our country’s history during the regime of PBBM’s namesake father, the late president Ferdinand Marcos Sr. But last Sept. 21 became a rallying point of Filipinos from all walks of life to join the protest gatherings, from Luneta and Lawton in Manila all the way to the People Power Monument in Edsa, Ortigas. 

Crossing political colors, from the so-called “pink-lawan” to red, black and white colored shirts coming from various groups joined forces anew last Nov. 30. Fortunately, the Christmas season has apparently tempered the public rage and perhaps rally fatigue may have set in.

Obviously, the ICI was indeed a stop-gap measure to quell the snowballing sentiments of Filipinos frustrated and angry at the seeming impunity of corrupt officials in the government. The ICI was a quick-fix, token solution to stop the raging storm from reaching all the way to Malacañang Palace. 

Following Singson’s resignation, there are renewed calls for the 20th Congress to immediately pass into law pending bills seeking to create an independent people’s commission to replace the ICI. At the Lower Chamber, like-minded legislators led by Mamamayang Liberal party-list Rep. Leila de Lima co-authored and filed a House bill to create a five-man independent commission. De Lima cited a legislated investigating body would remove any doubts on the genuine intention of PBBM to really punish those who would be found accountable for the misuse of public funds.

De Lima was among those who echoed suspicions against the ICI. In particular, she pointed to Section 10 of EO 94. She feared this is a sort of an “exit” plan for PBBM. To wit: “Section 10. Sunset Clause. The ICI shall be rendered functus officio upon the accomplishment of the purpose for which it was created or unless sooner dissolved by the President.” Indeed, the accountability issues over these “ghost” flood control projects have breached the gates of Malacañang.

The “exit plan” out of the stewing political crisis is now in the works.

Senate President Sen.Vicente “Tito” Sotto III is one of the principal authors of a similar proposed Independent People’s Commission bill. Earlier on, Sotto backed the issuance of the EO as a faster mode to immediately “respond to the rising public outrage” over these anomalies in the flood control projects. The Senate bill to replace the ICI has advanced to plenary debate. The House counterpart version, however, remains pending at committee referral approval.

To date, the ICI has submitted and turned over to the Office of the Ombudsman its first 10 interim reports on identified “ghost” projects, other graft-tainted transactions and lately, included were alleged rigged bidding of DPWH contracts. A number of resigned, dismissed or suspended DPWH officials and district engineers – led by former secretary Manuel Bonoan, undersecretaries Roberto Bernardo and Maria Catalina Cabral – were among those recommended for further investigation by the ombudsman, along with several DPWH contractors identified with them.

At my Kapihan sa Manila Bay news forum last week, Batangas Rep. Leandro Leviste revealed about vital documents to pin down those in the corrupted budget of the DPWH through these years. Leviste is the first whistleblower against a DPWH district engineer in Batangas who tried to “bribe” him into accepting commission for a project in his congressional district.

 Pressed to elaborate, Leviste called it the “Cabral files” that he requested and secured from the former DPWH undersecretary for Planning and Public-Private Partnership (PPP). He got them before Cabral submitted her courtesy resignation to acting DPWH Secretary Vivencio Dizon, who assumed office last Sept. 1.

“I met Usec. Cabral on Sept. 4. She called Sec. Dizon to authorize the release of the files to me. So I’m very thankful that I got these files,” Leviste disclosed.

“So maybe more can be said about this another time,” Leviste quipped and smiled. 

Leviste gave copies of the “Cabral files” to the ICI to secure these DPWH documents. It ain’t over yet.