Stronger independent body to probe infra corruption pushed

Metro Manila, Philippines - A number of House members are pushing for a stronger independent body that would investigate corruption in infrastructure projects to address limitations in a commission formed by the president.

Malacañang established a three-member Independent Commission on Infrastructure (ICI) through Executive Order 94.

Authors of House Bill 4453, which seeks the creation of the Independent Commission Against Infrastructure Corruption (ICAIC), said the ICI is “not powerful enough.”

The bill's authors are Mamamayang Liberal Rep. Leila de Lima, Zamboanga del Norte Rep. Adrian Amatong, Dinagat Islands Rep. Kaka Bag-ao, Akbayan Reps. Chel Diokno, Perci Cendaña, and Dadah Ismula, Caloocan Rep. Edgar Erice, Muntinlupa Rep. Jaime Fresnedi, Albay Rep. Krisel Lagman, Sagip Rep. Paolo Henry Marcoleta, Kamanggagawa Rep. Elijah San Fernando, Oriental Mindoro Rep. Alfonso Umali, and 4K Rep. Iris Montes.

Contempt order

Under the House bill, the ICAIC would be given contempt powers. The ICI only has subpoena powers.

“Kung may lalabag, kailangan pa nilang magsampa ng mga administrative charges. So, hahaba lang ‘yung proseso. Unlike kung may contempt powers, pwede silang magpakulong ng mga hindi susunod sa kanila,” Erice said.

[Translation: If someone violates, the ICI would have to file administrative charges. The process would take long. Unlike if there are contempt powers, they can order for detention to those who would not comply with them.]

The bill’s authors also said invited lawmakers cannot be compelled to attend under the EO.

A number of legislators have been implicated in the flood control scandal due to budget insertions in the bicameral conference committee, the body that reconciles the budget bills of the Senate and House of Representatives.

Witness protection

Another provision lacking in the ICI is the protection for witnesses.

“Bilyo-bilyones ang pinag-uusapan natin. Hindi lang basta-basta magsasalita ang mga nakakaalam dito,” Diokno said.

[Translation: We are talking about billions of pesos here. Those who know something will not just speak out.]

“That’s why kasama sa aming panukalang batas ‘yung [our bill includes the] recommendation to the DOJ (Department of Justice) to grant immunity and also to admit witnesses into the Witness Protection Program,” he added.

No temporary restraining order

The bill gives immunity to the ICAIC from a temporary restraining order (TRO).

“Alam na po natin na madali minsan makakuha ng TRO sa regular courts para lang mapigilan ‘yung pag-usad ng imbestigasyon,” De Lima said.

[Translation: We know that sometimes, it is easy to secure a TRO from regular courts to stop the investigation.]

The bill sets a two-year term for the ICAIC, unless extended by legislation.

The ICI’s existence is dependent on the president.

Team composition

The ICI is composed of three members: former Public Works Secretary Rogelio Singson, SGV & Co. country managing partner Rossana Fajardo, and Associate Justice Andres Reyes Jr., who chairs the group.

Under the House bill, the ICAIC will have five members, including those from civil society, academe, and the industry.

The authors said a systematic response is necessary to combat corruption in infrastructure projects and hold erring officials accountable.

“While we appreciate the intent of Malacañang, baka sa dulo puro mapunta lang sa files ‘yung mga magiging findings nila kasi nga kulang ‘yung kapangyarihan [the ICI’s findings may only end up as files because it lacks authority],” said Cendaña.

The authors of the bill called on President Ferdinand Marcos Jr. to certify the bill as urgent.