By Erika Mae P. Sinaking
THE Independent Commission for Infrastructure (ICI) convened key government agencies on Thursday to coordinate efforts to recover public funds lost to anomalous infrastructure projects, marking a major step in the Marcos administration’s anti-corruption drive.
“The purpose of our meeting today is to finalize the framework for inter-agency coordination, information sharing and legal procedures related to the recovery of public funds and assets from irregular infrastructure projects,” ICI Chairman Andres B. Reyes, Jr. said at the meeting.
Officials 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 joined the technical working group session.
Mr. Reyes said the group would establish operational guidelines and timelines to support national asset recovery and accountability initiatives. He noted that every peso stolen is a peso taken away from public service.
Assistant Ombudsman Jose Dominic Clavano IV said the government would invoke Republic Act No. 1379 or the Forfeiture Law to pursue civil cases against officials with unexplained wealth.
“When there’s a disproportion between the amount declared in the SALN and the actual wealth that you see in a lifestyle check, then you can forfeit whatever is over and excessive,” he told reporters. “That’s what we will use to enforce action against the assets.”
He added that forfeiture proceedings could proceed independently of criminal cases.
Public Works Secretary Vivencio B. Dizon said the Office of the Solicitor General may file these civil forfeiture cases before regional trial courts, which he said are “easier and faster” than criminal cases.
“You only need to prove that [their] income is smaller than the money or assets [they] hold,” he told reporters.
In September, the ICI recommended graft, malversation and falsification charges against officials linked to a P289.5-million road dike project in Naujan, Oriental Mindoro. On Wednesday, it also sought plunder and bribery charges against current and former lawmakers allegedly involved in kickback schemes tied to projects in Bulacan, Pampanga and Quezon City.
During the same meeting, the Bureau of Customs (BoC) announced plans to auction seven luxury vehicles linked to government contractors Pacifico F. Discaya II and Cezarah Rowena C. Discaya on Nov. 15.
The vehicles — including a Rolls-Royce “with the infamous umbrella” — were among 30 luxury cars seized from the couple, with 13 units valued at roughly P200 million, Customs Deputy Chief of Staff Chris Noel Bendijo said. Seven had no import entries or certificates of payment and were automatically forfeited.
The vehicles were discovered during a raid at the St. Gerrard Construction compound in Pasig City and have since been transferred to the Port of Manila. The auction will be livestreamed “for transparency,” Mr. Bendijo said, noting that Customs officials, importers and brokers involved in the original transactions are barred from participating.
The bureau has issued more than 15 show-cause orders to personnel — ranging from appraisers to a deputy collector — implicated in the illegal importations. Penalties could include suspension or dismissal, depending on the findings.
Mr. Bendijo said the Bureau of Internal Revenue is handling potential tax evasion cases, as Customs jurisdiction covers only import legality and duties.
Meanwhile, Mr. Dizon said the government would move to confiscate the air assets of former lawmaker Elizaldy S. Co, including two AgustaWestland helicopters and a Gulfstream jet. He said the aircraft, flown to Malaysia and Singapore, had not been frozen by the AMLC before their departure but remain under watch.
“No matter where they are, they can still be seized once a confiscation order is issued,” Mr. Dizon said.
Meanwhile, a taxpayer from Las Pinas City has asked the Supreme Court to nullify President Ferdinand R. Marcos, Jr.’s Executive Order (EO) No. 94, which created the ICI.
In a petition, John Barry T. Tayam said the ICI mirrors the defunct Philippine Truth Commission earlier declared unconstitutional.
He urged the high court to strike down the order, saying it violates the separation of powers and duplicates the mandates of existing anti-corruption agencies such as the Office of the Ombudsman and Department of Justice.
Mr. Tayam said the ICI’s powers to investigate, subpoena and recommend prosecution encroach upon the authority of constitutionally independent bodies. He also said its creation “involved the unlawful disbursement of public funds.”
The ICI was formed on Sept. 11 under EO 94 to investigate anomalies in flood control and other infrastructure projects, following reports of substandard and “ghost” works involving district engineers, contractors and lawmakers.
The plaintiff likened the ICI to the Philippine Truth Commission, formed in 2010 under the late President Benigno S.C. Aquino III. The tribunal struck down the body’s legality for singling out the Arroyo administration and duplicating the powers of existing agencies.
“The Independent Commission for Infrastructure, although framed differently, suffers from the same constitutional infirmities,” Mr. Tayam said. “It centralizes investigatory powers under the Executive, blurring the checks and balances among branches of government.”
He also warned that the ICI could delay accountability by creating bureaucratic overlap and slowing the resolution of corruption cases.
The ICI is empowered to initiate investigations on its own and recommend criminal, civil or administrative charges to the appropriate agencies. It may also issue subpoenas, request asset freezes and coordinate with law enforcement authorities.
