ICI asks House for broader authority beyond contempt powers

MANILA, Philippines — The Independent Commission on Infrastructure (ICI) has asked House lawmakers to consider broader powers for the body tasked to investigate anomalous flood control projects beyond simply giving it contempt powers. 

During the House committee on government reorganization hearing last Wednesday – its first tackling House Bills No. 4453 and 5699 seeking to strengthen the commission’s mandate – ICI executive director Brian Hosaka said that while they welcomed such measures, he recommended that the House version include more provisions that would allow them to pursue investigations more freely. 

Among other things, Hosaka asked that Congress consider granting ICIAC members immunity from criminal and civil liability “for acts done or omitted in the discharge of its mandate.”

READ: ICI priorities: 80 ghost projects; top 15 contractors targeted

At the same time, Hosaka also suggested an explicit provision barring courts, save for the Supreme Court, from issuing restraining orders or injunctions against ICI proceedings. 

This, he said, was similar to safeguards under Republic Act 8975, which prohibits lower courts from halting government infrastructure projects.

Hosaka also requested that the ICIAC be granted the power to issue closures or revoke the administration of establishments, and to be given the authority to directly recommend to the Philippine Regulatory Commission the automatic cancellation of professional licenses for individuals found to be responsible for anomalous projects. 

He also asked that the committee consider ensuring that the ICIAC would be granted complete access to information from government agencies, local government units, and government and control corporations, including but not limited to the Anti-Money Laundering Council, Bureau of Internal Revenue, Bureau of Customs, Securities and Exchange Commission, Land Legislation Authority, and the Land Transportation Office. 

The proposed measures, he added, must also include a transitory clause in the bill to ensure the continuity of its ongoing investigations and secure the tenure of current employees who would be absorbed into the newly established ICAIC if the measure is enacted.

HB 4453 and 5699, filed by the House minority lawmakers and Navotas Rep. Toby Tiangco, seek to establish an Independent Commission against Infrastructure Corruption (ICIAC) with broader powers compared to the current ICI established under Executive Order No. 94. 

This includes giving the ICIAC the power to file cases, issue subpoenas, and seek preventive suspensions and hold departure orders against officials suspected of corruption. 

If passed, the bills’ authors envision that the current ICI will simply absorb the new powers granted to it under the law. 

Also on Tuesday, the committee, led by Bulacan Rep. Salvador Pleyto, ordered the creation of a technical working group (TWG) to consolidate the bills, as well as the inputs of various government agencies, in relation to the ICIAC. 

This is also in line with House Speaker Faustino “Bojie” Dy III’s own urging to his colleagues on Tuesday to prioritize the passage of this measure, in a bid to restore public trust in the government after its own members were embroiled in the flood control scandal.

Last month, major contractors Pacifico “Curlee” and Cezarah “Sarah” Discaya, whose firms were at the center of several anomalous flood control projects, decided to withdraw their cooperation from the ICI hearings after learning they were not qualified to be state witness and thus be immune from prosecution. 

Critics said this withdrawal highlighted the weaknesses of the ICI, which does not have the power to compel witnesses to appear in its proceedings. /mr