Marcos forms independent probe body for anomalies

MANILA, Philippines — President Marcos yesterday made good his promise to create an independent body to investigate infrastructure projects suspected of being tainted with corruption, with the probe to cover the past 10 years.

The body, formed through Executive Order No. 94, will have broad powers including moving for the freezing or seizure of assets linked to irregularities.

Although the flood control scandal prompted its creation, the Independent Commission for Infrastructure (ICI) will also look into violations of relevant laws like the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employees and the Administrative Code of 1998 in the implementation of other public works.

Malacañang has not yet released the names of the panel members, but a News5 source said the commission would be composed of retired Supreme Court associate justices Antonio Carpio and Estela Perlas-Bernabe and a forensic accountant from the SyCip Gorres Velayo & Company or SGV.

“There are reports and allegations of irregularities, misuse of funds and possible corruption in government flood control and related projects, which, if true, endanger the safety and security of the Filipino people, threaten the welfare of various communities, and erode public trust in government institutions,” the President said in the order.

“It is imperative to constitute an independent body that will investigate and undertake appropriate measures against those involved in irregularities in government infrastructure projects,” he added.

The probe body will consist of a chairperson and two members with “proven competence, integrity, probity, and independence.”

The commission, whether acting on complaint or by itself, shall hear, investigate, receive, gather and evaluate evidence, intelligence reports and information against all government officials and employees and any other person involved in anomalies, irregularities and misuse of funds in the planning, financing and implementation of government flood control and other infrastructure projects in violation of existing laws and regulations, according to EO 94.

Under the EO, the ICI will prioritize the investigation of flood control and other infrastructure projects within the last 10 years and recommend the filing of appropriate criminal, civil and administrative cases or actions against those behind the anomalies before appropriate bodies like the Office of the President, Office of the Ombudsman, the Department of Justice (DOJ) and the Civil Service Commission.

Broad powers

The three-person body’s powers and functions include conducting hearings, taking testimony and receiving, gathering, reviewing and evaluating evidence, reports and information on matters within its power to investigate; and, issuing subpoenas for attendance of witnesses and production of documents needed for its investigation.

It may also recommend to the DOJ the admission of a person as a state witness and obtain from the legislature information and documents pertaining to their respective investigations related to its mandate.

The ICI may also obtain from the courts information and documents pertaining to cases filed with the Sandiganbayan or the regular courts; obtain books, records, contracts, bank statements, and other documents pertinent to its probe; recommend to or request from the appropriate authorities or the courts, the issuance of a hold departure order or other remedies to monitor or prohibit the travel abroad of any person under investigation, or to compel their return to the country.

The order likewise permits the commission to “recommend to or request from the appropriate authorities the freezing or seizure of assets, funds, deposits and properties reasonably believed to be connected to anomalous flood control and other infrastructure projects” pending investigation.

The body may also transfer evidence and findings to appropriate prosecutorial authorities for expeditious prosecution and recommend to authorities the immediate preventive suspension of any public official or employee as it may find necessary to prevent the tampering of evidence or influencing of witnesses during its investigation.

To support its investigation, the ICI may invite and collaborate with public officials or private individuals “of recognized competence and integrity” and with “established knowledge and expertise in governance, transparency, and accountability” and designate them as special adviser or other capacities. It may also engage the services of resource persons, professionals and experts to perform its mandate.

Disciplinary action

Any government official or personnel who delays or refuses, without adequate cause, compliance with a subpoena issued by the ICI, or who, appearing before the ICI, refuses to take oath or affirmation, shall be subject to administrative disciplinary action, without prejudice to any criminal liability.

“Any private person who does the same shall be dealt with in accordance with law,” the order read.

A secretariat will be created to provide technical and administrative support to the commission as it performs its mandate. It will be led by an executive director to be appointed by the President upon the recommendation of the ICI, and shall have the rank, emoluments, and privileges of an undersecretary.

Within 30 days from the effectivity of the order, the executive director shall determine the appropriate organizational structure, staffing pattern and corresponding qualification standards for all positions under the ICI and submit them for review and approval of the President or the Department of Budget and Management.

All offices in the executive branch are expected to extend full assistance and cooperation to the ICI as it discharges its functions.

“Failure or refusal to extend such assistance or cooperation for no valid or justifiable reason or adequate cause shall constitute a ground for disciplinary action against the concerned official or personnel, subject to existing laws, rules, and regulations,” the order said.

The ICI is expected to provide monthly reports to the Office of the President, through the Office of the Executive Secretary. It will remain in operation until its mandate has been completed or unless sooner dissolved by the President.

‘Magalong blowing hot and cold’

At the House of Representatives, infra committee chairman Rep. Terry Ridon said they have a problem with inviting Baguio City Mayor Benjamin Magalong to its next hearing, but are concerned the city chief executive’s issue is that he has been blowing hot and cold in his treatment of lawmakers.

“In the last couple of his public statements he had described it as a moro-moro investigation, and later the panel is being run by criminals, and recently we are now more credible,” the Bicol Saro party list congressman observed.

“He’s been questioning the integrity of the investigation. If this was done in the judiciary, basically, you’re slandering the integrity of the court. Basically, that’s what he has been doing,” he said.

Speaker Martin Romualdez said the President’s move “shows our shared resolve to confront irregularities and strengthen public trust in government projects.”

Romualdez said he understand the concerns raised about alleged irregularities in flood control programs.

“These reports have caused pain and frustration among our people, and it is right that they be investigated thoroughly. The House of Representatives will extend its full cooperation to the ICI so that truth can prevail, accountability can be pursued, and reforms can be put in place,” he added. He stressed the people want justice, not alibi.

“That is why we need an independent, fair and thorough investigation. One without siding with anyone, not protecting anyone and pushing only for the truth,” Romualdez said.

“If the Commission’s investigation finds that some members of the House conspired with public works officials in anomalous projects, I assure the Filipino people: the House under my leadership will never be a sanctuary for corruption,” he pointed out.

“This process is not about casting blame, but about ensuring fairness. Due process will protect the innocent as much as it will hold the guilty to account. The Commission’s work will help separate fact from speculation, and this will allow both government and the public to move forward with clarity and renewed trust,” Speaker said.

Meanwhile, the Federa tion of Philippine Industries said it is cautiously optimis tic of the administration’s ef forts to address corruption in f lood control projects, citing Marcos’ appointment of new leaders at the Department of Public Works and Highways and Bureau of Customs. — Jose Rodel Clapano, Louella Desiderio,Delon Porcalla