Marcos creates fact-finding body to probe flood control anomalies

President Ferdinand Marcos Jr. has formally created the Independent Commission for Infrastructure (ICI), through Executive Order (EO) No. 94, tasked with investigating anomalous flood control projects.

According to the EO, the ICI will be composed of three persons: a chairperson and two members.

“Members who shall all be persons of proven competence, integrity, probity, and independence. The Chairperson and Members may be entitled to per diems and allowances, in accordance with existing laws, rules and regulations,” it said.

Functions of the ICI

Among the duties and responsibilities of the ICI are the conduct of hearings and investigations; the receipt, gathering, and evaluation of evidence, intelligence reports, and information against all government officials and employees, as well as any other individuals involved in anomalies, irregularities, and misuse of funds in the planning, financing, and implementation of government flood control and other infrastructure projects nationwide, whether based on complaints or motu proprio. These actions shall cover violations of the following:

Republic Act No. 3019, as amended (Anti-Graft and Corrupt Practices Act);

Republic Act No. 1379 (Unlawful Acquisition of Property by a Public Officer or Employee);

Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees);

Relevant provisions of the Revised Penal Code;

Executive Order No. 292, s. 1987 (Administrative Code of 1987), whenever it defines and imposes administrative sanctions on acts and omissions constituting violations of the foregoing laws and issuances;

Applicable civil service laws, rules, and regulations;

Rules and regulations duly promulgated by competent authorities to implement the foregoing laws and issuances; and

Other violations as may be referred to the ICI by the President.

The fact-finding commission will be prioritizing the investigation of flood control and other infrastructure projects within the last 10 years from the effectivity of the EO.

Once the ICI has gathered its findings, 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, Office of the Ombudsman, the Department of Justice, and the Civil Service Commission, to exact accountability.

It can also recommend enforcement of remedies, corrective actions, and legislative measures ensuring proper implementation of ongoing government flood control and infrastructure projects to appropriate government agencies.

Power and functions

Apart from the ability to conduct hearings, take testimony, and evaluate evidence and information, the ICI is given the power to issue subpoenas to compel witnesses and the production of documents necessary for its fact-finding and investigation activities.

The ICI is also given the power to provide potential witnesses security through the Witness Protection, Security, and Benefit Program under Republic Act No. 6981 if they are qualified.

The body is also required to recommend to the DOJ a witness who has the potential to become a state witness, provided he or she qualifies under the Rules of Court of the Philippines.

Information sharing

The ICI is also allowed to obtain from the Senate and the House of Representatives information and documents pertaining to their respective investigations.

In the same manner, the ICI, upon proper request or representation, shall obtain information and cases filed related to matters of investigation from relevant courts such as the Sandiganbayan and regular courts.

Other documents such as contracts, books, records, and bank statements, pertinent to the investigation, are also included.

The ICI is also empowered to issue hold departure orders to monitor and prohibit possible overseas travels of persons under investigation.

The body can also request freezing or seizure of assets, funds, deposits, and properties reasonably believed to be connected to the anomalous flood control projects.

Meanwhile, the ICI can also place government officials under preventive suspension to prevent evidence tampering and interfere with witnesses during investigation.

At the same time, the ICI also welcomes collaboration with public officials and/or private individuals of recognized competence and integrity and proven to be experts in governance, transparency, and accountability. They will be designated as special advisers.

Structure of the body

An Executive Director will be designated as Secretariat of the ICI, which will provide the technical and administrative support to the commission. The position will be equivalent to the rank of Undersecretary.

All relevant government agencies related to the matter are asked to extend their assistance to the ICI.

The ICI shall provide monthly reports to the President through the Office of the Executive Secretary.

The Department of Budget and Management is tasked to identify funding sources for the full implementation of the order.

Upon completion of the purposes for which this EO is created, the ICI shall be rendered functus officio, unless dissolved sooner by the President.

The EO shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation.

President Ferdinand Marcos Jr. has yet to name the members of the ICI as of writing.