Ombudsman on Fajardo's resignation from ICI: Natural flow of things

The abrupt resignation of Commissioner Rossana Fajardo from the Independent Commission for Infrastructure (ICI) was seen as a “natural flow of things” by the Ombudsman, suggesting that the fear of being likely subjected to a suit might have contributed to her stepping down from the vital post a little over three months after being appointed.

Although Assistant Ombudsman Mico Clavano on Saturday did not explicitly state that Fajardo’s decision had been long predicted, he also insinuated that it no longer came as a surprise, as “it has always been a concern for the ICI that they do not have immunity from suit.”

“Thus, the exposure is high, especially for those who head the commission. In that context, it was quite noble for private individuals to even take on such a daunting task so significant in our country’s history,” he said.

Clavano explained that, unlike the Ombudsman, who is granted legal immunity from lawsuits in the performance of their official function and can only be removed from office through an impeachment, the same does not apply to the commissioners of ICI, which critics derided as a toothless tiger.

Fajardo’s resignation further fueled speculation about serious internal issues at the ICI, tasked with rigorously probing anomalies and corruption in flood control projects involving top government officials and influential private individuals accused of conspiring to embezzle billions of public funds.

Her departure came three weeks after former Department of Public Works and Highways (DPWH) secretary Babes Singson also resigned from the ICI, citing health concerns, though critics did buy his alibi.

Prior to Fajardo and Singson, Baguio City Mayor Benjamin Magalong was the first to step down from the fact-finding body on 27 September, just two weeks after the commission was created through Executive Order 94 signed by President Marcos Jr.

This development leaves ICI chair Andres Reyes as the lone commissioner investigating the massive flood control scam, one of the high-profile corruption scandals that rocked the country post-EDSA.

In tendering her resignation on Friday, Fajardo said she already “completed the work I set out to accomplish when I was appointed,” noting, nonetheless, that she made a significant contribution to the ICI, through recommendations “aimed at improving government procurement and budgeting processes related to infrastructure projects.”

She also finds comfort in knowing that the passage of bills seeking to create a commission with sharper teeth and enhanced powers is being prioritized in Congress pursuant to Marcos’ directive.

Opposition lawmakers have long argued that the ICI is powerless and could become inutile, owing to a lack of contempt and expanded subpoena powers, unless created by an act of Congress.

Nevertheless, Clavano said the Ombudsman values the work of the ICI, whose recommendations help the office fast-track flood control cases and bring the culprits behind the multi-billion-peso scam to court.

“It is only a matter of time before we see more cases filed in court - many upon the recommendation of the ICI,” he concluded.

According to Reyes, the ICI is currently finalizing the remaining items to be submitted to the Ombudsman, which will be added to the growing number of cases that will eventually be filed in court, hinting that the commission is already close to the end of its mandate.