The Independent Commission for Infrastructure (ICI) created by President Ferdinand “Bongbong” Marcos Jr. lacks teeth and needs a broader mandate, House Deputy Minority Leader and Mamamayang Liberal (ML) Partylist Rep. Leila de Lima said.
In a video statement on Thursday, September 11, the lawmaker stated that Executive Order No. 94, which created an ICI, failed to specify whether the independent body would investigate corruption or the misuse of public funds.
Moreover, de Lima pointed out the absence of contempt powers and a provision requiring the Anti-Money Laundering Council (AMLC) to investigate where the funds are being transferred. With this, de Lima stressed that efforts to pursue and hold accountable those involved in anomalous practices concerning flood control projects would be stronger if it were backed by a law, instead of an Executive Order from Malacañang.
She then reiterated that it would be better to enact House Bill 4453, which seeks to establish an Independent Commission with a broader and clearer mandate, including contempt and subpoena powers.
"Sa tingin ko po, kailangan pa rin po na mayroong batas. Kailangan yung independent commission na ‘yan para mas may ipin...mas malawak yung kanyang mandato, kailangan ito ay likha o creation ng batas," the lady solon stressed.
"Yun lang sa contempt powers. Sabi ko nga, useless ang subpoena powers kung hindi mo naman mapapa-contempt. Tapos magre-recommend ka lang ng mga filing of disciplinary actions or charges. So kulang 'yung tungkol sa pagpapanagot criminally. Unlike po dito sa aming bill, na talaga namang first it can institute or initiate yung independent commission," she added.
House Bill 4453 can initiate administrative cases and directly recommend to the prosecutorial arms of government, like the Department of Justice (DOJ) and the Office of the Ombudsman, especially cases involving plunder.
Although de Lima appreciates the creation of the ICI, she asserted that it needs to hold more power, including a larger scope and mandate.
Where the Senate and Congress stand
With the creation of the ICI, de Lima urged her fellow lawmakers and senators to give way to the independent commission to prevent issues of credibility and conflict of interest, especially now that some government officials are being implicated in the substandard and ghost flood control projects.
"Hindi ko po sila hinuhusgahan, hindi ko po sinasabing na guilty sila. Pero the very fact na nababanggit ang mga pangalan ng ilan-ilan ng mga miyembro ng House at ng Senado, paano po maniniwala ang publiko sa mga magiging findings and recommendations ng dalawang committee na yan?" de Lima questioned.
"Palagi pa rin may question kung nagiging objective ba yung imbestigasyon at mas credible,” she added. “Kaya sana po, the leaderships of both houses of Congress, pag-isipan na po nila na sana, ganun nga, dahil nga magkakaroon na ng independent commission, ay i-give away na lang nila sa independent commission.”
On Thursday, Marcos signed the Executive Order, initiating the creation of an independent commission to investigate flood control and infrastructure projects in the country.
Based on the document, it would consist of a chairperson and two members who shall all be persons of “proven competence, integrity, probity, and independence.”
