The proposed Independent People’s Commission (IPC) will have contempt, subpoena, and sequestration powers, among others, ensuring immediate justice is rendered against those liable for the multi-billion-peso infrastructure corruption scandal that has gripped the nation.
As chairman of the Senate Committee on Justice and Human Rights, Senator Francis “Kiko” Pangilinan is at the forefront of hurdling Senate Bill No. 1512, which will create the IPC, in the upper chamber.
In his sponsorship speech for the bill, the senator emphasized the need for a “smart, solution-specific, measurable, achievable, realistic, relevant, and time-bound” approach to addressing the rampant corruption in government projects, which had resulted in the loss of lives, livelihoods, and property destruction.
“Kaya naman minarapat ng inyong Senate Committee on Justice na itaguyod ang isang tunay na independent, technically capable, at empowered people’s commission para imbestigahan ang mga anomalya sa lahat ng government infrastructure projects,” he said.
According to SB 1512, the IPC will have the mandate to investigate all infrastructure projects implemented by the national government, its agencies and instrumentalities, local government units (LGUs), and government-owned and -controlled corporations (GOCCs).
It will also have the mandate to investigate individuals and entities—whether in the public or private sector—who benefit from corrupt practices.
Among others, the IPC will have the power to issue subpoenas, cite individuals in contempt, administer oaths and take testimony, and have “full and unrestricted access to all records, reports, and data of government agencies, LGUs, and government financial institutions.”
The commission, which Pangilinan said will serve as the “people’s watchdog,” will also be empowered to file appropriate charges against government officials and employees who obstruct the investigation.
It can seek assistance from law enforcement agencies to provide security during public hearings and execute its summons, as well as to protect witnesses and resource persons.
Furthermore, the commission—upon final and executory order of the Court—has the power to “permanently recover, sequester, or attach, all monies, shares of stock, bonds, titles, or properties unlawfully acquired, accumulated, or misappropriated by persons involved in anomalous infrastructure projects, including those transferred to their families, relatives, nominees, or associates, whether located within or outside the Philippines.”
Under the proposed measure, the IPC can also request the temporary freezing of the properties of the individuals involved in the investigation as long as this move is supported by “substantial evidence” gathered by the commission.
This, the measure said, is to prevent the dissipation of assets by the individuals while the investigation is still ongoing.
“The exercise of these powers shall at all times respect the requirements of due process and shall be without prejudice to the concurrent jurisdiction of the courts, the Office of the Ombudsman, or other competent authorities,” the bill added.
The IPC can also issue temporary closure or revocation of business permits, recommend the cancellation of professional licenses, grant witness immunity, order the immediate preventive suspension of government officials under investigation, issue lookout orders, and recommend the suspension, blacklisting, or removal from the Philippine Government Electronic Procurement System (PhilGEPS) registry of contractors, consultants, and suppliers.
The commission must be composed of five members, including one chairman who must be a retired Supreme Court justice.
Other members of the commission must be a certified public accountant, an engineer or architect, a representative from a reputable non-government organization, and a representative from the academe with expertise in governance reform.
The mandate of the IPC will last until June 30, 2028, unless otherwise extended by law.
SB 1512 is the substitute bill for Senate Bill 1215, which was introduced by Senate President Vicente Sotto III and co-authored by Senators Risa Hontiveros and Erwin Tulfo.
Pangilinan, as chair of the Committee on Justice and Human Rights, sponsored the measure and is pushing for its immediate passage.