What Marcos’ new anti-graft body can do
MANILA, Philippines — In response to growing public concern, President Ferdinand Marcos Jr. has formally issued an executive order (EO) creating the new “Independent Commission for Infrastructure” (ICI) to root out corruption in flood control projects and other works.
Marcos’ order to address corruption in flood control has escalated into shocking revelations, from ghost projects to alleged kickback conspiracies involving lawmakers and government officials.
In response to public outcry, Marcos created the ICI.
Mandate
“The ICI shall, on complaint or motu proprio, hear, investigate, receive, gather, and evaluate evidence, intelligence reports, and information, against all government officials and employees, and any other individual, involved in anomalies, irregularities, and misuse of funds in the planning, financing, and implementation of government flood control and other infrastructure projects nationwide,” EO 94 said.
The ICI must pursue those who violate pertinent corruption laws.
The body will have the power to recommend and file the appropriate cases against erring individuals based on their investigation.
These cases—civil, administrative, or criminal—may be filed with the Office of the President, Office of the Ombudsman, the Department of Justice and the Civil Service Commission.
Powers
Similar to congressional accountability committees, the ICI will have the power to hold hearings and gather information and evidence. They may invite public officials and experts as resource persons for these hearings.
Marcos also granted the ICI subpoena powers over witnesses and documents. It may also obtain information from the courts, the Senate, or the House of Representatives. Bank documents could also be requested by the body.
The ICI may recommend that witnesses be referred to the Witness Protection Program. It could also recommend to the Department of Justice (DOJ) if a person is suitable to be a state witness.
Similar to the current powers of a department head or lawmakers, the ICI may also ask for the issuance of hold departure orders, the freezing of assets, and the preventive suspension of public officials they are investigating.
Public officials who do not comply with the ICI’s probe may face administrative cases, and private persons will similarly face consequences under the law.
Composition
The ICI will be composed of one chairperson and two other members. These members must have “proven competence, integrity, probity and independence.”
There will also be a secretariat tasked with providing technical and administrative support to the ICI. The ICI Secretariat will be headed by an Executive Director appointed by the President, who will have the rank of Undersecretary.
The Executive Director will then be tasked with assembling a competent staff.
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