Making the ICI a toothless tiger

By issuing an Executive Order 94, supposedly creating the Independent Commission for Infrastructure on September 11, 2025, and not providing it with a budget, a structure and personnel complement, President BBM unwittingly invented a toothless tiger. The commissioners have no power. They can not even issue subpoena, much less declare witnesses in contempt.

A municipal circuit court in the smallest and remotest town in Sultan Kudarat or Sarangani or Dinagat Island would have a better look of official dignity that would inspire decorum and respect. But the ICI neither has the wherewithal nor the legal powers and authority. It cannot decide, it can only recommend to the Ombudsman. It does not have a clerk of court or a sheriff, not even a bailiff and a court stenographer. Its mission is "Kapantay Ay Langit." Its logistics is "Bato Sa Buhangin."

If you have seen the venue of the hearing that the ICI so far has shown by live stream, you might readily remark that the ambiance was sadly lacking any official, judicial or quasi-judicial dignity. They are using borrowed furniture that looks inferior to a classroom in La Salle or Ateneo. The three commissioners were not even wearing a judicial robe if only to lend a semblance of respectability, even if it were only symbolic. I have not even seen a gavel or the national flag as a backdrop.

The ICI is too weak as a body. When Congressman Roman Romulo asked for an executive session, the commissioners obeyed. It is the only investigating body that I saw which obeys the wishes of the resource persons or the persons of interests. The ICI is without the powers exercised by judges of inferior courts. I commiserate with Justice Reyes who has to serve without any compensation in a commission with highly doubtful independence. Well, this is pure service to the nation.

By creating the ICI, the president has raised the peoples' expectations. The Filipinos have reposed so much hope for heads to roll, for blood to spill, for senators and congressmen to be jailed before Christmas. Well, that was the exact word of the president. The target was to jail and the deadline was before Christmas, although he did not mention the words "senators" and congressmen. He has much respect for those two positions: he was a congressman and a senator before.

Well, Mr. President, while I do not doubt the sincerity of your intention, I have strong suspicion that you cannot achieve both the mission and the deadline. In fact, I jokingly posted on Facebook: "If no senator or congressman is jailed before Christmas, I will lead a hunger strike on December 25, 2025 right in front of Rizal's Monument in Luneta. Of course, we do not have to go on a hunger strike, there is already hunger. The 500 mentioned by DTI will not feed our family for Noche Buena. We will have Noche, but I seriously doubt the Buena part of it.

I was not surprised when Secretary Babes Singson resigned in the middle of the ICI's operations, and at a time when the commission had not even finished ten percent of its huge workloads. Why should a senior citizen be working twelve hours a day without pay while there is a senator who has been absent from Senate sessions and still get paid handsomely? Babes Singson has already served the government honestly and with extraordinary diligence and competence. He deserves to retire permanently. He has earned his marbles.

Justice Andres Reyes Jr. is making a big sacrifice after long and arduous years in the judiciary. Madam Rosanna Fajardo is risking her health and even her professional career by doubling as ICI commissioner and also continuing as the top honcho of the biggest auditing firm, Sycip Gorres & Velayo. Without Engineer Rogelio Singson, for how long will Commissioners Reyes and Fajardo persevere in their thankless job to investigate thousands of witnesses and suspects.

By creating a toothless ICI, the president might have been unwittingly unfair to both the people and the commissioners. Without a budget, without permanent personnel, and without powers, the ICI might have been programmed to fail. That would be the unkindest cut of all, to borrow from Shakespeare.

Also, we hurry to interject, that would really inflame the raging anger of the people. I shudder to even think of the consequences.