De Lima: Marcos’ flood control commission needs more teeth
MANILA, Philippines — While President Bongbong Marcos has created the Independent Commission for Infrastructure with subpoena powers, Rep. Leila de Lima (ML Party-list) pointed out that it does not have the ability to cite contempt in its flood control probe.
In a video statement on Friday, September 12, De Lima picked apart Marcos Jr.’s Executive Order 94, which created the independent body.
She recognized that forming an independent body was a step in the right direction, especially amid allegations linking lawmakers to the supposed kickback scheme.
But she argued that subpoena powers mean little if the commission cannot cite anyone for contempt.
“Useless ang subpoena powers kung hindi mo naman mapapa-contempt,” De Lima said, adding that without contempt powers, the body may not effectively support its ability to recommend disciplinary charges.
(Subpoena powers are useless if you cannot cite anyone for contempt.)
She further explained that if the commission truly intends to go after those behind the alleged corruption in the Department of Public Works and Highways’ (DPWH) projects, it must be given more teeth.
Contempt rules. In the House of Representatives, committees conducting legislative inquiries have the right to cite any person in contempt, so long as it is voted by two-thirds of the members present at the hearing.
However, citing someone for contempt should not be done arbitrarily by legislators. Under House rules, there are six grounds for holding a person in contempt:
- refusal without legal excuse to obey summons
- refusal to be sworn or placed under affirmation
- refusal to answer any relevant inquiry
- refusal to produce any books, papers, documents or records that are relevant to the inquiry and are in the possession of the concerned person acting in a disrespectful manner towards any Member of the committee or any misbehavior in the presence of the committee undue interference in the conduct of proceedings.
If a committee member believes that a resource person has committed any of the aforementioned acts while being questioned or asked for documents, the panel may vote on citing them in contempt.
Typically, resource persons or witnesses are cited in contempt when lawmakers deem they’re lying.
While the executive order does not cite any contempt powers, it states that persons who refuse to obey summons, take their oath or testify will be “subject to administrative disciplinary action.”
Order lacks teeth
Appearing quite disappointed with the executive order, De Lima touted House Bill 4453 or the proposed Independent Commission Against Infrastructure Corruption Act that she and 11 other lawmakers filed on Tuesday, September 9.
She first took issue with the commission’s name, arguing that “Independent Commission for Infrastructure” does not convey the gravity of its mandate to investigate anomalies and corruption.
Next, she pointed out that the body’s core function is unclear, given its description as an “ad hoc fact-finding commission,” stressing that fact-finding is not the same as an investigation.
Another issue she raised was the lack of legal framework to anchor the body’s probe and its recommendations for charges.
“So ilan-ilan na po agad ang nakita ko na medyo kulang. And isa pa, walang banggit tungkol sa Plunder Law, tungkol sa Omnibus Election Code, saka mga procurement laws, parang napaka-general lang ng reference tungkol sa mga batas na mga pwedeng sakop ng mga pagbusisi nung mga nagawa sa mga infrastructure project,” she said.
The executive order only mentioned the code of conduct and ethical standards for public officials and employees, revised penal code, administrative code and civil service laws.
De Lima also argued that since the body was created by the executive, it only has jurisdiction over employees, officials and agencies under the executive branch.
Congress and other constitutional bodies like the Commission on Elections, the Commission on Audit or the Anti-Money Laundering Council (AMLC) are also not included.
Congress urged to 'give way'
She said the proposed bill she and her colleagues filed clearly include the necessary support agencies, urging both chambers of Congress to ensure such a measure is passed.
De Lima also called on the House Infra Committee and Senate Blue Ribbon Committee, both of which are conducting investigations into the anomalous flood control projects and the alleged corruption tied to them, to “give way” to the independent commission instead.
This, she said, is necessary to “avoid issues of credibility and conflict of interest,” especially for lawmakers already accused.
“Hindi ko po sila hinuhusgahan, hindi ko po sinasabi na guilty sila, pero the very fact, na nababanggit ang mga pangalan ng ilan-ilan na mga miyembro ng House at ng Senado, paano po maniniwala ang publiko sa mga magiging findings and recommendations ng dalawang Komite na yan,” she added.
The Independent Commission for Infrastructure’s probe will span 10 years of infrastructure projects, from Aquino’s final year through Duterte’s full term and into Marcos Jr.’s current administration.
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