Legislated ICI

It’s been more than a month since the Independent Commission for Infrastructure (ICI) started their investigations into the alleged ‘ghost’ flood control projects of the Department of Public Works and Highways (DPWH). The three-man ICI was actually tasked, among others, to look into the graft-tainted flood control and other infrastructure projects funded by the government for the past 10 years.

As far as administration critics are concerned, the ICI was just a ploy by Malacanang to nip in the bud the simmering national outrage on the multibillion-peso worth of taxpayers’ money lost to ‘ghost’ flood control projects. At the outset, the decision of President Ferdinand ‘Bongbong’ Marcos Jr. (PBBM) to create the ICI was met with so much skepticisms. On top of doubts on its supposed ‘independence,’ the ICI is seen as a toothless body because it was not empowered enough to be feared by grafters in and out of the government.

Immediately after the ICI was created by Executive Order (EO) 94 last Sept.11, PBBM named retired Supreme Court (SC) associate justice Andres Reyes Jr. to chair the factfinding body. PBBM also named ex-DPWH secretary Rogelio ‘Babes’ Singson and SGV and Co. country managing partner Rossana Fajardo as ICI members.

While it has power to issue subpoena, the ICI has no power to cite for contempt anyone who refuses to appear before them. What further compounds the ICI’s woes are the public perceptions that it could not even summon resigned Ako Bicol party-list Rep. Zaldy Co. As the former chairman of the House committee on appropriations during the 19th Congress, Co allegedly manipulated the 2025 budget, especially those of the DPWH.

On its first week in office, the ICI took up first the reported ‘ghost’ flood control projects funded in the annual budget of the DPWH from 2022 to 2025. By Sept. 20, the ICI submitted its first-ever interim report to the ombudsman, flagging possible anomalies in a P289.5-million flood control project in Oriental Mindoro.

Dismissed DPWH district engineers in Bulacan pointed to certain ‘proponents’ of the 19th Congress – including Co’s own construction companies – who have cornered flood control projects in the DPWH budget. Co resigned in February this year as the House appropriations chief after PBBM first assailed the ‘badly mangled’ 2025 budget law. Citing medical conditions, Co flew to the United States supposedly for treatment.

Apparently thinking the President had gotten over his anger over the 2025 budget, Co quietly slipped back to the country. In fact, his Ako Bicol won two seats in the last May 12 mid-term national and local elections.

The presidential wrath though wasn’t over as Co thought. In his mid-term State of the Nation Address (SONA) before the 20th Congress, PBBM unleashed his extreme anger.

The President’s SONA triggered full-blown legislative inquiries. Co left the country again at the height of these scandals while parallel investigations were being done by the Senate Blue Ribbon committee and the House infrastructure committee. Up to now, Co’s whereabouts abroad remain uncertain. Photos of Co have been coming out in some social media posts showing him in a European city while others show him somewhere in Spain.

Appearing for the second time at the ICI last Friday, Navotas Rep. Toby Tiangco questioned the Department of Foreign Affairs (DFA) for its failure up to now to cancel Co’s Philippine passport. Under the Philippine Passport Act of 1996, Tiangco cited, the DFA secretary or consular officer can cancel a passport ‘in the interest of national security, public safety and public health.’

‘People are very angry. There are mass (protest) movements. These mass movements can be taken advantage of by bad elements to destabilize the government. Isn’t that a national security issue?’ Tiangco pointed out.

Reacting to Tiangco’s demand, the DFA clarified it cannot do so unless a criminal case is filed in court against Co. The DFA invoked our country’s 1987 Constitution protecting the right to travel of each Filipino. Speaker Faustino Dy III earlier announced he had already coordinated with the DOJ to file the formal charges that would lead to the cancelation of Co’s passport.

Since he resigned already as congressman, Co could no longer use diplomatic passport, if one is issued to him. But Co can still use his regular Philippine passport.

If the ICI cannot do it, perhaps it’s about time for Congress to consider pending bills seeking to create a more permanent body as an institutional watchdog.

Senate President Vicente ‘Tito’ Sotto III was the first to file a proposed legislated creation of ICI. Sotto’s Senate Bill (SB) 1215 proposed the creation of an independent ‘People’s Commission’ to investigate anomalies in all government infrastructure projects. Sotto explained SB 1215 seeks to constitute a five-man ad hoc body to serve as an investigatory and recommendatory body that will report its findings directly to the President.

At the Lower Chamber, like-minded legislators led by Mamamayang Liberal party-list Rep. Leila de Lima co-authored and filed last month a House bill to create a five-man Independent Commission to undertake such investigation without any political consideration. De Lima believes a legislated body would remove any doubts on the genuine intention of PBBM to really punish those accountable for the misuse of public funds.

In the meantime that Co is beyond the reach of Philippine authorities, the ICI has been getting the public’s ire for its lack of transparency on its proceedings. Even a seemingly innocuous courtesy call by the deputy chief of mission of the US embassy in Manila was met with so much suspicions.

Yesterday, the ICI announced they will hire 180 personnel to speed up their investigation of possible corruption cases in the 238,000 projects under its review.

‘Why not tap the existing PCGG (Presidential Commission on Good Government)?’ Tiangco asked.

Tiangco asked his legislative staff to study the possible recreation of PCGG, currently attached at the DOJ. Created in the aftermath of the 1986 Edsa People Power Revolution, reinventing the PCGG is not an option though for PBBM.

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