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By Erika Mae P. Sinaking
THE Independent Commission for Infrastructure (ICI) assembled pivotal government bodies on Thursday to synchronize efforts aimed at reclaiming public resources misappropriated through irregular infrastructure ventures, representing a significant advancement in the Marcos administration’s anti-corruption initiative.
“The goal of our gathering today is to finalize the framework for inter-agency collaboration, information dissemination and legal protocols concerning the retrieval of public funds and properties from anomalous infrastructure endeavors,” ICI Chairman Andres B. Reyes, Jr. articulated during the session.
Representatives from the Anti-Money Laundering Council (AMLC), Department of Justice, Department of Public Works and Highways (DPWH), Office of the Ombudsman and National Bureau of Investigation participated in the technical working group meeting.
Mr. Reyes mentioned that the group would develop operational protocols and timelines to aid national asset reclamation and accountability efforts. He emphasized that every peso misappropriated is a peso taken from public service.
Assistant Ombudsman Jose Dominic Clavano IV stated that the government would invoke Republic Act No. 1379 or the Forfeiture Law to pursue civil lawsuits against officials exhibiting unexplained wealth.
“When there is a disparity between the declared amount in the SALN and the actual wealth observed during a lifestyle audit, then any excess may be forfeited,” he informed reporters. “This will be our basis for taking action against the assets.”
He noted that forfeiture proceedings could progress independently of criminal cases.
Public Works Secretary Vivencio B. Dizon indicated that the Office of the Solicitor General may pursue these civil forfeiture actions in regional trial courts, which he described as “more straightforward and quicker” compared to criminal cases.
“You merely need to demonstrate that [their] earnings are less than the money or properties [they] possess,” he conveyed to reporters.
In September, the ICI recommended graft, malversation, and falsification claims against officials connected to a P289.5-million road dike project in Naujan, Oriental Mindoro. On Wednesday, it also advocated for plunder and bribery charges against current and former legislators allegedly involved in kickback schemes related to projects in Bulacan, Pampanga, and Quezon City.
During the same gathering, the Bureau of Customs (BoC) unveiled plans to auction seven luxury vehicles associated with government contractors Pacifico F. Discaya II and Cezarah Rowena C. Discaya on Nov. 15.
The vehicles — including a Rolls-Royce “with the notorious umbrella” — were part of 30 luxury cars seized from the couple, with 13 units appraised at approximately P200 million, Customs Deputy Chief of Staff Chris Noel Bendijo reported. Seven lacked import entries or payment certificates and were consequently forfeited automatically.
The vehicles were uncovered during a raid at the St. Gerrard Construction premises in Pasig City and have since been relocated to the Port of Manila. The auction will be broadcasted live “for transparency,” Mr. Bendijo noted, adding that Customs officials, importers, and brokers involved in the original transactions are prohibited from participating.
The bureau has issued over 15 show-cause orders to personnel — stretching from appraisers to a deputy collector — implicated in the illicit imports. Sanctions may encompass suspension or termination, contingent on the conclusions reached.
Mr. Bendijo stated that the Bureau of Internal Revenue is managing potential tax evasion matters, as Customs jurisdiction pertains solely to import legality and duties.
Meanwhile, Mr. Dizon mentioned that the government would proceed to confiscate the aerial assets of former legislator Elizaldy S. Co, including two AgustaWestland helicopters and a Gulfstream jet. He affirmed that the aircraft, which had been flown to Malaysia and Singapore, were not frozen by the AMLC prior to their departure but remain under surveillance.
“Regardless of their location, they can still be seized once a confiscation directive is issued,” Mr. Dizon remarked.
Additionally, a taxpayer from Las Pinas City has petitioned the Supreme Court to invalidate President Ferdinand R. Marcos, Jr.’s Executive Order (EO) No. 94, which established the ICI.
In a filed petition, John Barry T. Tayam argued that the ICI resembles the now-defunct Philippine Truth Commission previously declared unconstitutional.
He implored the high court to annul the order, asserting that it infringes upon the separation of powers and duplicates the responsibilities of existing anti-corruption entities such as the Office of the Ombudsman and the Department of Justice.
Mr. Tayam contended that the ICI’s authority to investigate, subpoena, and recommend prosecutions encroaches upon the mandate of constitutionally autonomous bodies. He further claimed its establishment “entailed the illegal expenditure of public funds.”
The ICI was constituted on Sept. 11 under EO 94 to scrutinize irregularities in flood control and other infrastructure initiatives, in response to reports of substandard and “phantom” works involving district engineers, contractors, and lawmakers.
The plaintiff likened the ICI to the Philippine Truth Commission, which was established in 2010 under the late President Benigno S.C. Aquino III. The tribunal invalidated the legality of the body for singling out the Arroyo administration and overlapping the powers of existing agencies.
“The Independent Commission for Infrastructure, although framed differently, suffers from the same constitutional flaws,” Mr. Tayam stated. “It centralizes investigatory powers within the Executive, undermining the checks and balances among government branches.”
He also cautioned that the ICI could delay accountability by engendering bureaucratic redundancy and hindering the resolution of corruption cases.
The ICI is authorized to initiate its own investigations and recommend criminal, civil, or administrative actions to the appropriate entities. It may also issue subpoenas, request asset freezes, and coordinate with law enforcement agencies.
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