Marcos forms super body to probe into all current, past public works
(Photo from Radio-TV Malacañang)
MANILA, Philippines — President Ferdinand Marcos Jr. has created the independent super body, which will investigate, not only corruption in flood control projects, but all infrastructure works of the national government over the years.
Marcos issued on Thursday Executive Order No. 94, creating the three-member Independent Commission for Infrastructure (ICI), composed of a chair and two members.
Malacañang has yet to announce the members comprising the ad hoc fact-finding commission.
According to the EO, the members will be persons of “proven competence, integrity, probity and independence.”
The ICI will also have a secretariat to provide technical and administrative support to the ICI.
This will be headed by an executive director to be appointed by the president upon the recommendation of the ICI.
The executive director, under the control and supervision of the ICI chair, shall execute and administer the policies and decisions of the body and manage its day-to-day operations.
Motu proprio
“The Administration is firmly committed to maintain honesty and integrity in public service, and will take decisive measures to repress and hold accountable government officials and employees, and any other individual, who engage in graft, corrupt practices, or other acts that undermine the national interest and betray the people’s trust,” Marcos said in EO 94.
As a recommendatory body, the ICI will, acting on complaint or motu proprio (by its own), “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.”
The body will not only investigate all infrastructure projects implemented during the first three years of the Marcos administration from 2022 to 2025, but all public works in the past.
“The ICI shall prioritize the investigation of flood control and other infrastructure projects within the last 10 years from effectivity of this order,” the EO states.
The EO did not explicitly mention that the investigation shall cover only the projects of the Department of Public Works and Highways. This means that infrastructure projects of other agencies will also be reviewed.
Based on the findings of the ICI probe, it will recommend the filing of appropriate criminal, civil and administrative cases or actions against those responsible to the appropriate disciplinary, prosecutorial and administrative bodies, such as the Office of the President (OP), Office of the Ombudsman, the Department of Justice (DOJ) and the Civil Service Commission (CSC).
The EO has a sunset provision, stating that the ICI will be abolished “upon the accomplishment of the purposes for which it was created or unless sooner dissolved by the President.”
(Click here to see the order: EXECUTIVE ORDER NO. 94)
READ: Bersamin: Marcos’ fact-finding body won’t disrupt Congress probes
The ICI has a range of powers to recommend actions to compel different government agencies to act.
It will conduct hearings, take testimony as well as receive, gather, review and evaluate evidence, reports and information on matters within its power to investigate.
READ: Marcos set to name independent probers, define powers
Subpoena powers
As earlier revealed by the president, the ICI has the power to issue subpoenas for attendance of witnesses and production of documents necessary for its fact-finding and investigation activities.
“Any government official or personnel who delays or refuses, without adequate cause, to comply 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,” the EO states.
The ICI may recommend to the Department of Justice (DOJ) the admission of a person as a state witness. It may also endorse before the DOJ the application of a person to be admitted into the Witness Protection program.
The independent commission also has the power to obtain books, records, contracts, bank statements and other documents pertinent to its investigation, upon request to proper authorities, including the Bangko Sentral ng Pilipinas (BSP) and the Bureau of Internal Revenue (BIR).
Assets seizures, HDOs
The ICI is also authorized to recommend or request appropriate authorities or the proper courts, the issuance of a hold departure order or other remedies to monitor or prohibit the travel abroad, or to compel the return from abroad, of any public official or employee or any other individual, under probe by the independent commission.
It may also recommend to or request from the Anti–Money Laundering Council and other 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 ICI also has the authority to recommend to the appropriate authorities the immediate preventive suspension of any public official or employee as the ICI may find necessary to prevent tampering with evidence or influencing witnesses during its investigation.
The president ordered the DOJ, including the National Bureau of Investigation and National Prosecution Service, as well as the DPWH, Department of the Interior and Local Government, Philippine National Police and all departments, bureaus, agencies and offices in the Executive Branch to extend full assistance and cooperation to the ICI.
“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 EO states. /apl
