House leader slams ICI as ‘paper tiger’; urges special session for stronger law

President Marcos Jr. has been pressed to call Congress into a special session to expedite the passage of a bill that is poised to give more teeth to the Malacañang-led Independent Commission for Infrastructure (ICI), derided by an opposition lawmaker as a mere “paper tiger.”

House Deputy Minority Leader Edgar Erice issued the call on Sunday in the wake of reports that big-time contractor couple Curlee and Sarah Disacaya is withdrawing cooperation with the fact-finding body, setting a dangerous precedent to other personalities subject of the flood control probe to evade scrutiny.

Erice warned that the Discayas non-cooperation would limit the ICI’s access to relevant records, including government projects, undermining the credibility of the investigation, and another setback for justice.

“We have seen how ICI severely lacks in power and we need to expedite this,” said Erice in Filipino in an interview, referring to House Bill 4453. “It’s like a paper tiger because first off, it's  not really independent. The President […] can abolish it anytime.”

He continued, “They also have no rules on the public disclosure of their activities. ICI really has many shortcomings and it might turn out that this was merely created to pacify the public’s anger.”

Proponents of the bill posit that the ICI — created by Marcos through Executive Order 94 — is powerless and could become inutile, unless created by an act of Congress.

Erice argued that ICI’s lack of contempt and expanded subpoena powers to compel key individuals and entities to participate in the investigation warrants the need for special session.

Article VI, Section 15 of the Constitution grants the President the power to call for a special session of Congress, which is currently on a month-long recess.

Senate President Tito Sotto, however, countered that there is no need for a special session to pass the bill since Congress could conduct hearings even during break.

“There might not be a quorum [because] some are in abroad for to the Inter-Parliamentary Union,” the Senate leader said in an interview.

But Erice contended that holding hearings will further delay the bill’s passage, insisting that Congress could allot three days to deliberate on the measure.

If enacted, HB 4453 will form an Independent Commission Against Infrastructure—a broad-based and independent body granted with full authority, such as, prosecution, and citing individuals in contempt for disobeying lawful orders.

Sotto filed a counterpart measure in the Senate, calling it an Independent People’s Commission. Both measures seek to strengthen EO 94 by making it a permanent law.

Unlike the EO, which is fully dependent to the executive, a commission created by a law cannot be dissolved easily and will possess true independence, according to Erice.

Speaker Bojie Dy has been reportedly supportive of the House bill and vowed to convince Marcos to certify it as urgent. But opposition lawmakers expressed dismay after Congress adjourned last week without the measure hurdling the committee level.

The ICI has also drawn criticism for its closed-door hearings. The minority has vigorously petitioned to livestream it, asserting that a body dealing with matters of such importance must be publicly accessible to dispel any suspicion of a possible cover-up or whitewash.