President Ferdinand R. Marcos Jr. has created the Independent Commission on Infrastructure (ICI) to investigate allegations of corruption and irregularities in flood control and related projects undertaken by the Department of Public Works and Highways (DPWH) over the past decade. The move, formalized through Executive Order 94, grants the ICI broad powers to ensure a thorough and effective investigation.
Commission’s Powers and Mandate
The newly formed commission is authorized to issue subpoenas, including subpoenas ad testificandum and duces tecum, compelling the attendance of witnesses and the production of necessary documents. President Marcos has directed all government agencies and personnel to fully cooperate with the ICI. Any official who refuses to comply with a subpoena or an order from the commission will face disciplinary action, in addition to potential criminal liability. Similar penalties will be imposed on private individuals who fail to cooperate.
To protect individuals who come forward, the ICI can recommend witnesses for protection under the government’s Witness Protection Program. Furthermore, the commission has the authority to recommend individuals to the Department of Justice (DOJ) for admission as state witnesses to aid in securing justice.
Ensuring Accountability and Cooperation
President Marcos has made it clear that a lack of cooperation from any government official or agency will not be tolerated. The Executive Order stipulates that a failure or refusal to assist the ICI without a valid reason will be a ground for disciplinary action against the concerned individual. The President has also urged all branches of government, local government units, and the private sector to extend their full support to the commission’s work.
The ICI is empowered to request and obtain relevant information from various sources, including Congress, the courts, and other appropriate authorities. This includes access to books, records, contracts, and bank statements pertinent to the investigation. The commission may also recommend to the proper authorities the issuance of a hold departure order to prevent individuals under investigation from leaving the country.
Next Steps
Upon the conclusion of its investigations, the ICI will turn over its findings and evidence to prosecutorial authorities for immediate action. It can also recommend the preventive suspension of public officials or employees to prevent them from tampering with evidence or influencing witnesses.
The ICI is tasked with submitting monthly reports to the Office of the President and publishing its findings and accomplishments to the public, ensuring transparency and accountability throughout the process. The commission may also enlist Special Advisers—public officials or private individuals of recognized competence and integrity—to assist in its investigative work.
