President Ferdinand Marcos Jr. has appointed former public works secretary Rogelio “Babes” Singson, Baguio City Mayor Benjamin Magalong, and seasoned accountant Rossana Fajardo to the independent commission tasked with investigating anomalies in the government’s multibillion-peso flood control and other infrastructure projects.

He is expected to announce the commission’s chair in the coming days.

Palace press officer Claire Castro made the announcement in a press conference in Malacañang on Saturday, saying the newly formed Independent Commission on Infrastructure (ICI) has sweeping powers to look into corruption.

Antonio Carpio, retired Supreme Court senior associate justice, welcomed the creation of the ICI. “I’m in favor of an independent commission because the House and the Senate cannot be investigating themselves,” he told CoverStory on Saturday.

Under Executive Order No. 94 issued by the President on Sept. 11, the ICI will prioritize the investigation of flood control and other infrastructure projects starting from 2015.

He said the commission will be composed of a chair, two members, and an adviser with “proven competence, integrity, probity, and independence.” 

Credentials

Singson headed the Department of Public Works and Highways (DPWH) from 2010 to 2016 during the administration of President Benigno Aquino III, before returning to the private sector.

He introduced systems to promote transparency, eliminate “ghost” projects, and ensure proper use of public funds during his stint at the DPWH, according to Castro. He holds a degree in industrial engineering from the University of the Philippines Diliman, and also previously served as chair and president of the Bases Conversion and Development Authority.

“His technical understanding of how projects are designed, procured, and implemented will be essential to this commission’s work,” Castro said.

Fajardo is the country managing partner of SGV and Co. Per its website, she is a certified public accountant and graduated cum laude with a bachelor’s degree in accounting from the University of St. La Salle in Bacolod City.

Castro said Fajardo has over three decades of experience in auditing, internal controls, and risk management, especially in identifying weaknesses in financial systems and operational processes.

She completed the Ernst & Young Kellogg Account Leadership Program of the Kellogg School of Management at Northwestern University in Illinois in 2012 and the London Business School Account Leader Program in London in 2018. 

Fajardo has worked in both the public and private sectors “to help organizations detect fraud, strengthen governance, and build more accountable institutions,” Castro said.

Magalong is on his third term as mayor of Baguio City. He will serve as investigator and also special adviser to the ICI.

A graduate of the Philippine Military Academy Sandigan Class of 1982, he headed the Criminal Investigation and Detection Group of the Philippine National Police. He retired from police service in 2016 after almost four decades of service.

Castro said Magalong has handled “sensitive, high-impact investigations and helped lead institutional reforms in law enforcement through intelligence-driven forensic-based approaches.”

She said that as mayor of Baguio, he continued to apply his strict standards of transparency and accountability in local governance. “His experience in leading difficult investigations, uncovering internal wrongdoing, and enforcing compliance makes him a strong asset to this commission,” she said.

Castro said no one among the appointees is connected to any agency or contractor they will be investigating. It is “the right of the public to have a true independent commission,” she said, adding:

“As the President has repeatedly stated, no one will be [spared] here, even relatives, friends, or allies. There will be no sacred cows. The commission will begin its work immediately.” 

Powers

EO 94 states that based on complaints or motu proprio (by itself), the ICI is empowered to 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.

From its findings, the commission may recommend the filing of criminal, civil, or administrative cases at relevant bodies such as the Office of the President, the Office of the Ombudsman, the Department of Justice (DOJ), and the Civil Service Commission, “to exact accountability.”

It may also propose enforcement of remedies, corrective actions, or legislative measures to ensure the proper implementation of ongoing government projects.

EO 94 grants the commission powers to conduct hearings, take testimonies, receive and review evidence, and issue subpoenas—both for witnesses and or documents—in accordance with the law.

The commission may recommend to the DOJ the admission of qualified individuals as state witnesses to aid justice. It may request relevant information and documents from the Senate and the House of Representatives.

Upon proper request, it may obtain information and documents from the courts, including the Sandiganbayan and the Office of the Court Administrator, related to cases within its jurisdiction.

It may access books, records, contracts, bank statements, and other documents from relevant authorities to support its investigations.

The ICI may recommend or request that the appropriate authorities or courts issue a hold-departure order on any individual under its investigation and freeze or seize assets, funds, or properties reasonably believed to be linked to irregularities in flood control and other infrastructure projects.

Problems

But in a video statement on Friday, Mamamayang Liberal Rep. Leila de Lima said that while the ICI has subpoena powers, it lacks contempt powers.

“Subpoena powers are useless if you do not have contempt powers,” said De Lima, a former justice secretary. She also raised the ICI’s function as an “ad hoc fact-finding commission,” citing the difference between fact-finding and investigating.

She pointed out that on Sept. 9, she and 11 other lawmakers filed House Bill No. 4453, or the proposed Independent Commission Against Infrastructure Corruption Act.

De Lima also called on the House infrastructure committee chaired by Bicol Saro Rep. Terry Ridon and the Senate blue ribbon committee chaired by Senate President Pro Tempore Panfilo Lacson, which are conducting their respective inquiries into the government’s flood control projects, to “give way” to the ICI.

This is necessary to “avoid issues of credibility and conflict of interest,” she said, issuing the reminder that some lawmakers are implicated in the anomalies.

EO 94 states that the commission can also recommend the immediate preventive suspension of any public official or employee, as necessary, to prevent evidence-tampering or witness interference during the ICI’s 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 oath or affirmation, shall be subject to administrative disciplinary action, without prejudice to any criminal liability. Any private person who does the same shall be dealt with in accordance with law,” the document states

Secretariat, etc.

EO 94 states that the ICI will have a secretariat that will provide technical and administrative support and will be headed by an executive director to be appointed by the President upon the commission’s recommendation.

The executive director will have the rank, emoluments, and privileges of a department undersecretary.

The chair and members of the ICI may be entitled to per diems and allowances.

The executive director, under the control and supervision of the ICI chair, will execute and administer the policies and decisions of the commission and manage its day-to-day operations.

The President ordered the Department of Justice, National Bureau of Investigation and National Prosecution Service, DPWH, Department of the Interior and Local Government, PNP, and all other departments, bureaus, agencies, and offices in the Executive branch to extend full assistance and cooperation to the commission.

He tasked the ICI with submitting monthly reports to the Office of the President and publishing its accomplishments and other relevant updates.

He ordered the Department of Budget and Management to identify funding for the ICI, with subsequent funding to be included in the regular budget preparation process.

The ICI will be governed by “functus officio” (having fulfilled its mandate) and will lose its authority after completing its task, unless earlier dissolved by the President.

In a post on X on Thursday, the House infrastructure committee’s Ridon said he supports the creation of the independent commission.

“It is our commitment to work with the ICI to ensure that truth and accountability prevail, that public funds are protected, and that those responsible for anomalous projects are brought to justice,” he said.

Read more: Name, shame, prosecute: Lacson plumbs the ‘national sewer of corrupted flood control projects’