PRESIDENT Ferdinand Marcos Jr. yesterday named former Supreme Court (SC) associate justice Andres Reyes Jr. as chairman of the Independent Commission on Infrastructure (ICI) that would investigate suspected anomalous infrastructure projects in the country for the past 10 years, starting with flood control projects.
Reyes was appointed by former president Rodrigo Duterte and served as an associate justice from 2017 to 2020.
He was a former judge of a Metropolitan Trial Court in Makati, a Regional Trial Court in San Mateo, Rizal, and an associate justice and later as presiding justice of the Court of Appeals.
The President said Reyes, who obtained his law degree from the Ateneo de Manila School of Law, has a very good record of “honesty and fairness, and a good record of being able to find justice for those who have been victimized.”
Reyes joins former Public Works Secretary Rogelio Singson and SGV country managing partner Rossana Fajardo at the ICI. Baguio City Mayor Benjamin Magalong will serve as special adviser and investigator.
Marcos said Singson has always worked in infrastructure-related projects.
“As the former DPWH secretary, he has a good idea of, shall we say, where the bodies are buried. So, that will give us immediately an advantage when we are doing this – not we, when the Commission is doing its investigation,” he said.
The President said Fajardo, who is a Certified Public Accountant, will bring with her years of experience with SGV to the Commission, “and we are hoping to take advantage also with some of the experts that they have in SGV in terms of accounting, forensic accounting.”
Marcos said he also designated Magalong as special adviser and investigator for the ICI due to his track record as former head of the PNP Criminal Investigation and Detection Group (PNP-CIDG).
“He was the one who wrote, as CIDG head, he was the one who wrote the seminal report on the Mamasapano incident. That’s when I came to know of him and saw that he has integrity. And then, again, when I went to Baguio, being a good investigator, he had a very, very detailed, very good report already. So, he’s been working on this for a while, so he can contribute a lot,” he said.
He clarified that Magalong is not a member of the ICI but an adviser, which means he does not have to resign from his position as mayor of Baguio City.
Magalong yesterday denied that he has resigned as mayor following his designation as ICI special adviser and investigator.
Malacañang said the members of the ICI have taken their oaths before Court of Appeals Justice Pedro Corales.
“With this, the Commission formally begins its mandate to investigate irregularities in infrastructure projects and ensure accountability in the use of public funds,” the Presidential Communications Office (PCO) said in a statement.
INDEPENDENT BODY
Marcos said the ICI will be an independent investigative body and will not be influenced by anyone, not even by heads or members of government agencies.
“What I want to stress here is the independent nature of this commission. We will not interfere with their work. We will, of course, be in discussion with them. We will ask them what has already happened, what you have found, what we are doing next,” he said in Filipino.
“But we are not about to direct them as to how they are going to conduct their investigations, and we are going to leave it up to them,” he added.
He reiterated that the investigation will not spare anyone.
“Nobody, anybody will see (that) we are not biased against anyone, we are not helping anyone. No one would actually believe you unless you do it, so we will do it,” he said.
He also explained that the ICI’s probe would cover the last 10 years, as the Commission on Audit (COA) is only required to keep records for 10 years, which he said would already be helpful in the probe.
He reiterated that among the things he wants to find out is why the level of corruption in the country has worsened, how a number of contractors secured most of the infrastructure projects, and how best to address the situation.
He also expressed the hope that the ICI will be able to complete its work in a few months.
The ICI was established through Executive Order No. 94, which was issued on September 11.
LGU ROLE
The President also ordered the DPWH and other government agencies to reinstate the “acceptance” process for completed national government projects by local government units (LGUs) “to ensure that the national government projects are really completed before it is turned over to the LGUs.”
He said he was surprised when he learned that the policy had been removed.
Previously, mayors, governors, and even barangay captains had to inspect and acknowledge the completed projects.
“I remember that when I was a governor, no project could be considered completed unless it was accepted by the local government. We are reinstating this rule – it was removed by the previous administration – and we are putting it back because it is one of our best safeguards,” Marcos said.
He said incomplete or substandard projects would be redone by the contractors free of charge, or out of their own pockets.
The President in August revealed that of the 9,855 flood control projects, worth more than P545.64 billion, that have been constructed during the first three years of his term, a total of 6,021 or about 61 percent of the projects “do not specify the exact type of flood control structures built, repaired, or rehabilitated.”
Marcos also said that around P100 billion worth of the flood control projects went to only 15 contractors.
QC PROJECTS
Quezon City mayor Joy Belmonte yesterday reported irregularities in many of the 331 DPWH flood control projects, worth P17 billion, in the city since 2022.
In a press conference, Belmonte said only two of these projects were approved by the Quezon City government, through the issuance of Certificates of Coordination.
Belmonte cited results of a fact-finding investigation conducted by the city government, which showed that 157 of the projects were funded under the national budget.
Belmonte said some of the projects were situated in areas different from the project’s details, while some had the same contract costs.
“These are in different areas and different project designs but the bidding prices or contract is the same to the very last centavo,” she said.
She added that some of the projects were declared as already completed when construction works were still ongoing.
“What’s more surprising is that 91 of the 179 drainage improvement projects were constructed in areas that are not flood-prone,” she also said.
Belmonte said one of the projects was divided into 92 phases, while another was done in 62 phases.
She also said that one of the projects in Pasong Tamo River “was reported complete but we cannot locate it.” She said the project involved the Triple 8 Construction and Supply Inc. firm.
Belmonte said the result of their investigation will be forwarded to the ICI.
A PowerPoint presentation showed that 265 of these projects were inspected by the Quezon City government, of which 163 were verified to be completed.
It also said 66 of the projects had “location error” — 35 were “without coordinates and cannot be found” and 31 had “incorrect coordinates.”
The presentation also cited two drainage system projects. It said the projects’ “actual scope of works only includes repainting of sidewalk and repair of manhole as per barangay officials.”
It also said 305 of the projects are not aligned with the city government’s Drainage Master Plan.
Belmonte said seven out of the 15 top contractors of the DPWH have projects in the city, while eight of the nine Discaya-owned companies had 27 projects in the city, worth P1.52 billion.
HOUSE BACKS ICI
Speaker Martin Romualdez yesterday said that while he supports the creation of the ICI, the “President has also reminded us against name-dropping and reckless accusations.”
“I share this view. Investigations must be anchored on facts and evidence, not on rumor, innuendo, or hearsay. Only by focusing on the truth can we ensure both accountability and fairness,” he said.
The Speaker said the House “will never serve as a refuge for wrongdoing, even if lawmakers are involved.”
“From the very start, I have made it clear: the House will not be a refuge for wrongdoing. Not even its own members will be shielded if wrongdoing is proven. We will ensure that the process is fair, fact-based, and guided by the rule of law,” he said.
The Speaker backed the President’s remarks that no one will be spared from the investigation, saying it only shows that the administration is “not hiding anything, not protecting anyone and most of all, will not veer away from the people’s interests.”
“I fully support President Ferdinand R. Marcos Jr.’s statement that no one is exempt from accountability. The House of Representatives has already embraced this principle in our work to uphold transparency and restore public trust,” he said.
He also said the creation of the ICI “is an opportunity to cleanse the system, and pledged the House’s full cooperation.”
However, Rep. Leila de Lima and Akbayan lawmakers said the creation of the ICI through an executive order is not enough because it does not have coercive powers.
The group urged the President to certify as urgent their House Bill No. 4453, which seeks to create an Independent Commission Against Infrastructure Corruption (ICAIC) “with full authority and subpoena powers.”
“If the President really wants to rule out corruption, this is the medicine. It has to be a legislation. A cough syrup is not enough, it has to be an anti-biotic,” Rep. Percival Cendaña (PL, Akbayan) told a press conference in Filipino.
The call was backed by De lima and Akbayan Reps. Chel Diokno and Dadah Kiram Ismula, Caloocan City Rep. Edgar Erice, Albay Rep. Krisel Lagman, Rep. Iris Marie Montes (PL, 4K), and Zamboanga del Norte Rep. Adrian Michael Amatong. – With Victor Reyes and Wendell Vigilia
Under the bill, the ICAIC will be mandated to “recommend prosecution and file administrative and criminal cases against erring public officials and employees, as well as private individuals and entities, and to propose necessary reforms in our laws, regulations and government policies–such as those concerning procurement, auditing, and project monitoring mechanisms–to prevent recurrence of corruption in government infrastructure projects.”
The Commission shall have “jurisdiction to hear and investigate all allegations, complaints, and active cases of graft, corruption, malversation, and plunder in infrastructure projects.”
De Lima said that, unlike a law, EO No. 94 can be terminated easily at the president’s discretion.
Rep. Terry Ridon (PL, Bicol Saro), lead chair of the House infrastructure committee, which is looking into the corruption of flood control funds, said the joint panel will continue its probe despite the creation of the ICI.
Ridon said the joint committee will hold at least one more hearing before deciding if the investigation will continue, adding that lawmakers are ready to work with the ICI by furnishing the newly created investigative body with documents and testimonies of resource persons.
NBI PROBE
Justice Secretary Jesus Crispin Remulla yesterday said the National Bureau of Investigation (NBI) is probing three “ghost” flood control projects in Bulacan.
“The coordinates of the three ghost flood control projects are already there so the NBI is just tying up the loose ends so we can file a case on that,” Remulla told reporters, adding the projects located in Bulacan’s first district cost the government some P300 million.
Remulla said the NBI probe was also assisted by information and tips provided to the “Sumbong sa Pangulo” website.
He said they are looking at the possible filing of plunder or malversation charges against those involved in the ghost projects, including DPWH personnel, private contractors, and other officials.
“It is very possible that a politician may become a respondent in this,” he said, without naming names.
At the same time, he said the DOJ and the NBI is working to file an airtight case against those involved through a thorough investigation and forensic accounting.
“We will throw the whole book against these people. Everything about prosecuting crimes against the people. This crime of graft and corruption is unprecedented,” he said.
CHIZ CASE
Elections chairman George Garcia yesterday vowed to inhibit in the event that a case is filed against Sen. Francis Escudero over the alleged prohibited campaign contributions he received during the May 2022 polls from Lawrence Lubiano, President of Centerways Construction and Development Inc.
In an interview, Garcia said he will continue his practice of inhibiting in cases at the Commission on Elections (Comelec) involving his former clients during the time he was still an election lawyer.
“When the time comes for the Commission to decide whether they should be charged or not, I will not participate. That’s what I do, especially since it involves a former client. We will inhibit, especially in the case of Sen. Chiz Escudero, because I served as his lawyer before. We will do that when he is officially and formally required to respond to the invitation to provide a counter affidavit,” he said.
Escudero had earlier confirmed that Lubiano was his campaign contributor in the 2022 elections.
Subsequently, Lubiano admitted he donated P30 million to Escudero’s senatorial campaign in the 2022 elections while his firm held several government contracts.
The Comelec has already sent a show cause order to Lubiano last week, while also inviting him to appear before the poll body.
A separate letter is set to be sent to Escudero once Lubiano has already responded to the Comelec’s summons, Garcia said.
As for the other contractors, the Comelec said it is prepared to make public the names of the entities that purportedly made prohibited campaign contributions once they receive confirmation from the DPWH.
“As soon as we get certification from the DPWH, we will release the list of contractors. We just want to know which among the 52 construction companies, how many are really government contractors, and how many are really private (contractors),” he said.
Under the Omnibus Election Code, “no contribution for purposes of partisan political activity shall be made directly or indirectly by a natural and juridical persons, who hold contracts or sub-contracts to supply the government or any of its divisions, subdivisions, or instrumentalities, with goods or services, or to perform construction or other works.”
