ICI referral on Romualdez stops short of assuming wrongdoing
MANILA, Philippines — The Independent Commission for Infrastructure last week turned over documents to the Office of the Ombudsman related to former House Speaker Martin Romualdez's role in anomalous flood control projects, but stopped short of saying which laws the president's cousin had possibly violated.
The two-page referral, submitted last Friday, November 21, includes Romualdez’s affidavit dated October 13, the stenographic transcript of his October 14 appearance before the commission, and related audio and video recordings.
The document states it is "issued without any finding or conclusion of guilt or liability on the part of Former Speaker Romualdez."
It says the referral is transmitted "solely to ensure that all acts, omissions, and surrounding circumstances properly falling within the Ombudsman's constitutional and statutory authority" are investigated.
Cautious approach. The wording of this referral stands out from the commission’s previous submissions to the Ombudsman, which had all outlined possible charges or laws violated, such as graft, malversation, and falsification.
While the ICI has always made it clear in its reports that it does not determine guilt or assign liability, its referrals to the Ombudsman usually noted which laws might have been violated and the specific actions by officials or contractors that could have led to wrongdoing.
In contrast, the referral for Romualdez neither suggested potential charges nor cited specific laws, and it did not detail particular actions that could constitute criminal or administrative offenses.
What it did state, however, is that the Ombudsman is "better equipped to determine whether the circumstances, thus far disclosed, warrant administrative or criminal accountability under the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards, and other applicable laws."
Asked about the referral, ICI Executive Director Brian Keith Hosaka told reporters Monday: "This is the referral of the ICI to the [Ombudsman] last Friday. As stated in the referral of the commission, it submitted to the [Ombudsman] documents and materials relative to former Speaker Romualdez and to aid the [Ombudsman] in its investigation."
The referral states it is made "without prejudice to the Commission to accept and receive additional evidence, if any, concerning Former Speaker Romualdez."
The ICI says its referral is for the Ombudsman "to promptly and immediately undertake its own fact-finding inquiry, consistent with established principles of coordination and to avoid duplicative or fragmented investigations."
The commission was asked for comment but provided no immediate response.
Romualdez' side. Romualdez’ camp welcomed the referral. Ade Fajardo, the former House speaker’s lawyer and spokesperson, said in a statement Monday that they “acknowledge the Referral submitted by the Independent Commission for Infrastructure (ICI) to the Office of the Ombudsman on November 21 and welcome the Commission’s completion of its fact-gathering mandate.”
He emphasized that the ICI “explicitly states that the Referral is issued without any finding or conclusion of guilt or liability on the part of former Speaker Romualdez,” adding that this reinforces confidence in the commission’s impartiality and in the Ombudsman’s constitutional role as the sole authority to determine accountability.
“We trust that the Ombudsman will conduct an independent, thorough, and objective review of the evidence submitted,” Fajardo said, noting that Romualdez has consistently maintained that a fair and complete assessment of the record will reflect the truth.
Charges recommended. The recommended charges submitted last week by the ICI and the Department of Public Works and Highways were for Romualdez and former lawmaker Zaldy Co, who was House appropriations chair during his term.
The joint referral is based on around P100 billion worth of government contracts bagged by the Co-owned construction firms Sunwest Corp. and Hi Tone Construction from 2016 to 2025.
President Ferdinand Marcos Jr. said he had ordered the evidence to be handed over to the Ombudsman.
In September, Marcos vowed that even Romualdez, his first cousin, would not be spared from the investigations into the flood control fund scandal.
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