towards Erika Mae P. Sinoaking
The Independent Commission on Infrastructure (ICI) brought together key government agencies on Thursday to coordinate efforts to recover public funds lost in Marcos Anti-Corruption infrastructure projects.
“The purpose of our meeting today is to find a framework for inter-anchor communication, information sharing and legal procedures related to the recovery of public funds,” ICE 9 Chairman Andres B. Reyes, Jr. he said at the meeting.
Authorities from the Anti-Money Laundering Council (AMLC), the Department of Justice, the Department of Public Works and (DPWH), the Office of the Ombudsman and the National Bureau of Investigation joined the technical working group session.
Mr. Reyes said the group will establish operational guidelines and timelines to support national asset recovery efforts and accountability. He noted that all the pesos he stole are pesos removed from government service.
Assistant Ombudsman Jose Dominic IV said the Government will invoke Republic Act No. 1379 or the law of loss to make Civil cases against unexplained wealth.
“When there is a disconnection between the amount declared in the salen and the real wealth you see in the repetition of the lifestyle, then you can lose anything that is excessive and excessive,” he told reporters. “That’s what we’re going to use to enforce action against assets.”
He also added that condemnation cases can proceed independently of criminal cases.
Public Works Secretary Vivencio B. Dizon said the Solicitor General’s Office can file these civil cases before regional courts, which he said are “easier and faster” than criminal cases.
“You only need to prove that [their] money is less than money or goods [they] Hold on,” he told reporters.
In September, the ICI recommended graft, torture and falsification with officials connected to the P289.5-million mind project in Naujan, Oriental Mindro. On Wednesday, it also sought looting and bribery charges filed against former lawmakers allegedly involved in kickbacks tied to projects in Buracan, Pampanga and Quezon City.
In the same meeting, the Bureau of Customs (BOC) announced plans to auction seven luxury cars linked to government contractors Pacifi F. Dispaya II and Cezara Rowena C. Dispayaya II and Cezarah Rowena C. Dispayaya II on November 15.
The cars – including a Roll-Royce and a “disappointing umbrella” – were among the 30 luxury cars seized from the couple, 13 units worth about P200 million, said Deputy Chief of Staff Chris Noel Nubile. Seven had no entries or payment certificates and were automatically rejected.
The vehicles were recovered during the raid at the St Gerrard Construction Compound in Pasig City and have since been transferred to the Port of Manila. The auction will be conducted “transparently,” said Mr. Bendijo, noting that customs officials, importers and buyers involved in the original sale are barred from participating.
The Bureau has issued more than 15 show orders to employees – ranging from appraisers to Deputy Collectors – who have been deported for illegal immigration. Penalties can include suspension or expulsion, depending on the findings.
Mr. Bendijo said that the Bureau of Internal Revenue handles potential tax cases, as customs powers include illegal and imported activities only.
At that time, Mr. Dizon said the government will move and take away the air assets of the former Elizaldy S. CO, including two helicopters and a gulfstream jet. He said the plane, which flew to Malaysia and Singapore, had not been frozen by AMLC before its departure but remained on standby.
“It doesn’t matter where they are, they can still be caught if a confiscation order is issued,” said Mr Dizon.
Meanwhile, a taxpayer from Las Pinas City asked the Supreme Court to grant President Ferdinand R. Marcos, Executive Order (EO) No. 94, which created the ICE.
In the petition, John Barry T. Tayam said that the ICI shows the Definct Philippine Truct Commission Previously reported as unconstitutional.
He appealed to the High Court to pass the order, saying that it violates the separation of powers and that the powers of existing anti-corruption agencies such as the Ombudsman’s office and the Department of Justice should be increased.
Mr. Tayam said that the ziccI’s powers will investigate, subpoena and recommend prosecution to skim over the authority of private organizations by law. He also said that its creation “involved the illegal distribution of public funds.”
The ICI was established on September 11 under EO 94 to investigate Anomalies in the management of floods and other infrastructure projects, following reports of entry into office and contractors and lawmakers.
The Plaintiff compared ICI to the Philippine Truth Commission, created in 2010 under President Benigno Scequino III. The Tribunal relied on the body to sing the management of the arroyo and to multiply the powers of the existing agencies.
“The independent infrastructure commission, although it has a different composition, has the same constitutional flaws,” said Mr Tayam. “It puts investigative powers under the executive branch, blurring the checks and balances between the branches of government.”
He also warned that the ICI could delay its response by creating bureaucratic redundancies and reduce the resolution of corruption cases.
The ICI is empowered to initiate investigations on its own and to recommend criminal, civil or administrative charges to the relevant agencies. It can also issue subpoenas, request asset forfeiture and contact law enforcement.
