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PBBM creates independent commission for flood control scam 

by Kiko Cueto

PRESIDENT Ferdinand Marcos Jr. made official the creation of an independent commission for infrastructure that would look into anomalies in the flood control program via an executive order.

In issuing Executive Order No. 94, Marcos Jr., the Presidential Communications Office, noted that it would constitute an independent body tasked to investigate and undertake measures against those who were involved in the flood control scam and other government infrastructure projects. 

While the names have yet to be formally announced it was reported that former Senior Associate Justice Antonio Carpio will head the commission.

The PCO did not confirm nor deny Carpio’s inclusion, but stressed that the ICI will be composed of a chairperson and two members who shall be persons of proven competence, integrity, probity, and independence. 

The personalities that will be tasked to investigate will be entitled to per diems and allowances, in accordance with existing laws, rules, and regulations. 

EO 94 also stated that a Secretariat shall be given for technical and administrative support to the ICI.

It will be headed by an Executive Director that will be appointed by the President upon the recommendation of the body.

The Executive Director on the other hand, will carry rank, emoluments, and privileges of an Undersecretary, and is expected to execute and administer the policies and decisions of the ICI and manage the day-to-day operations thereof.

It will be supported by a staff complement who shall all possess the necessary background and expertise to ensure the effective implementation of the duties and functions of the ICI.

The EO also said that the body shall, on complaint or motu propio, hear, investigate, receive, gather, and evaluate evidence, intelligence reports, and information, against all government officials and employees, and any other individual, involved in anomalies, irregularities, and misuse of funds in the planning, financing, and implementation of government flood control and other infrastructure projects nationwide.

President MArcos Jr. had said that the ICI shall prioritize the investigation of flood control and other infrastructure projects within the last ten years from the effectiveness of the EO. 

The body will be given power that as based on their findings, findings to recommend the filing of appropriate criminal, civil, and administrative cases or actions against those responsible to the appropriate disciplinary, prosecutorial, and administrative bodies, such as the Office of the President, Office of the Ombudsman, the Department of Justice, and the Civil Service Commission, to exact accountability.

The body may also recommend to the appropriate government bodies or agencies the enforcement of remedies, corrective actions, and/or legislative measures to ensure the proper implementation of infrastructure projects. 

The EO also said that the ICI shall conduct hearings, take testimony, and receive, gather, review, and evaluate evidence, reports, and information on matters within its power to investigate.

Likewise the independent commission shall have the power to issue subpoenas for attendance of witnesses and production of documents necessary for its fact-finding and investigation activities, specifically, subpoena ad testificandum and duces tecum in accordance with relevant laws, rules and regulations.

Any government official or personnel who delays or refuses, shall be subject to administrative disciplinary action, without prejudice to any criminal liability. 

It can also recommend to the DOJ the admission of a person as a state witness, in cases where there is a need to utilize a person as a state witness, to ensure that the ends of justice be fully served, provided such person qualifies as a state witness under the Rules of Court of the Philippines.

The ICI can also perform other functions as may be directed by the President or the Executive Secretary. It is also tasked to provide monthly reports to the OP, through the Office of the Executive Secretary. 

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