Independent Commission on Infra Formed

President Ferdinand R. Marcos has assigned the newly created Independent Commission on Infrastructure (ICI) the powers and functions necessary to investigate anomalous flood control and related projects of the Department of Public Works and Highways (DPWH) over the past 10 years.

The President granted the ICI the authority to issue subpoenas — specifically subpoenas ad testificandum and duces tecum — to compel witness attendance and the production of documents necessary for fact-finding and investigation. (Photo: Department of Public Works and Highways Facebook)

Marcos ordered all government offices and personnel to cooperate with the ICI or face administrative disciplinary cases if they refuse the commission’s summons or orders.

Under Executive Order 94, issued Thursday, the President granted the ICI the authority to issue subpoenas — specifically subpoenas ad testificandum and duces tecum — to compel witness attendance and the production of documents necessary for fact-finding and investigation.

“Any government official or personnel who delays or refuses, without adequate cause, to comply with a subpoena issued by the ICI, or who, appearing before the ICI, refuses to take an oath or affirmation, shall be subject to administrative disciplinary action, without prejudice to any criminal liability,” EO 94 states.

“Any private person who does the same shall be dealt with in accordance with the law,” it added.

Witnesses in ICI investigations may apply for protection under the Witness Protection Program, and the ICI may recommend qualified individuals to the Department of Justice (DOJ) as state witnesses when necessary.

The President directed all departments, bureaus, agencies, and offices in the Executive Branch, including government-owned or -controlled corporations, to extend “full assistance and cooperation” to the ICI.

Failure to do so without valid cause “shall constitute a ground for disciplinary action,” subject to existing laws, rules, and regulations.

Marcos also encouraged local government units, other branches of government, and the private sector to provide “full and timely assistance and cooperation” to the commission.

The ICI may recommend to the DOJ the admission of a person as a state witness, provided they qualify under the Rules of Court. It may also request information and documents from Congress, the courts, and judicial bodies, including the Sandiganbayan and the Office of the Court Administrator.

The commission is likewise authorized to obtain contracts, bank statements, and other documents relevant to its probe.

It may recommend or request the issuance of hold departure orders, or other remedies, to prevent or compel the travel of officials and individuals under investigation.

The ICI is required to turn over evidence and findings to prosecutorial authorities for expeditious action and may recommend the preventive suspension of public officials to prevent tampering with evidence or influencing witnesses.

The commission may also invite public officials and private individuals of recognized competence and integrity as Special Advisers.

It must submit monthly reports to the Office of the President, through the Office of the Executive Secretary, and publish its accomplishments and findings.