The Independent Commission for Infrastructure (ICI) is asking Congress to grant it immunity from criminal and civil liability as it investigates alleged irregularities in government flood control and infrastructure projects, Executive Director Brian Hosaka said.
Hosaka made the appeal during the initial hearing of House Bill 4453 before the House Committee on Government Reorganization, which seeks to expand the commission’s powers. A counterpart measure, Senate Bill 1215, has been filed in the upper chamber.
“This provision is very important, considering that we are recommending an exemption from criminal and civil liability — that no criminal or civil action shall lie against the commission or any member thereof for acts done or omitted in the discharge of its mandate,” Hosaka said.
The ICI is also proposing a safeguard that would bar courts, except the Supreme Court, from issuing temporary restraining orders or injunctions against the commission. Hosaka said this mirrors provisions under Republic Act 8975, which prohibits lower courts from halting government infrastructure projects.
Among the additional powers being sought by the ICI are: • Appointment of a chairperson who is a retired justice from the Court of Appeals or Court of Tax Appeals; • Inclusion of members with expertise in engineering, architecture, law, civil society, and disaster risk management; • Preliminary powers to preserve or recover assets tied to anomalous projects; • Full access to information from key government agencies and regulators; • Authority to issue closure orders or revoke business registrations of entities involved in fraudulent infrastructure works; and • Power to recommend automatic license cancellation for professionals found complicit in anomalous projects.
The ICI is also proposing a transitory clause to facilitate its conversion into the Independent Commission Against Infrastructure Corruption (ICAIC), ensuring continuity of investigations and job security for existing personnel.
“This clause would ensure the continuity of the commission’s investigatory work and provide security of tenure to its existing employees,” Hosaka said.
During the hearing, Mamamayang Liberal party-list Rep. Leila de Lima, a former Justice secretary, emphasized that the proposed law must explicitly state that it will not diminish the authority of constitutional bodies such as the Office of the Ombudsman, Commission on Audit, and Civil Service Commission.
“We should make that clear because these are constitutional bodies with their respective mandates,” De Lima said. “Congress cannot deprive them of their powers, so the bill should explicitly state that.”
Created by President Ferdinand Marcos Jr., the ICI was established to strengthen the government’s campaign against corruption in infrastructure projects, particularly flood control. The commission currently lacks contempt powers and can only recommend charges to the Office of the Ombudsman or Department of Justice, similar to Congress’s authority in legislative inquiries.
