The only investigation that counts

By Michael Henry Yusingco, LL.M

Ultimately, the only investigation on government corruption that counts would be the one conducted by the Ombudsman, tagged by the 1987 Constitution as the “protector of the people”. This is the only investigation that can lead to jail time for the corrupt and the recovery of ill-gotten wealth. Only the Ombudsman can prosecute the pork barrel cartel. Lawmakers cannot, no matter how good they cosplay as prosecutors. Even the Independent Commission for Infrastructure (ICI) does not have prosecutorial power.

Pertinently, the media reporting of Executive Order No. 94, which created the ICI contains misdirections. First, it is not really “independent” as it would be under the control of the President and the Executive Secretary as implied in Section 3 (p) and Section 8. Second, the ICI has no “sweeping powers” as most of its powers are already exercised by the agencies mandated to liaise with it. Third, it only has recommendatory powers as shown in several provisions of the EO and very explicitly spelled out in the last paragraph of Section 2, to wit:

“The ICI shall, based on its findings: (a) recommend the filing of appropriate criminal, civil, and administrative cases or actions against those responsible to the appropriate disciplinary, prosecutorial, and administrative bodies, such as the Office of the President (OP), Office of the Ombudsman, the Department of Justice (DOJ), and the Civil Service Commission (CSC), to exact accountability, in accordance with relevant laws, rules and regulations; and/or (b) recommend to the appropriate government bodies/agencies the enforcement of remedies, corrective actions, and/or legislative measures to ensure the proper implementation of ongoing government flood control and other infrastructure projects.”

Clearly, the hype surrounding the ICI is unwarranted. Just like the congressional inquiries, Malacañang’s “independent commission” will end its investigation petitioning the Ombudsman to file criminal cases against the principals in this corruption conspiracy. Whether this was inadvertent or by design may never be fully known, but the ICI investigation actually shields the President from public scrutiny and scorn. Media touting the ICI as a potent weapon against the pork barrel cartel distracts the public from the possible complicity of the Marcos administration.

However, to prevent the ICI from becoming just a glorified fact-finding task force, it can devote more effort to helping the President exercise his new marching orders under Republic Act No. 12231 or the Government Optimization Act which he signed into law just last August 04, 2025. As per Section 6, the President is authorized to “Scale down, phase out, eliminate, or discontinue functions, programs, projects, or activities that can be better carried out or undertaken by the private sector, or have already been developed to LGUs” and to “Transfer or integrate functions from one (1) agency to another which can better perform the same, or split functions of agencies, bureaus, and offices that may be conflicting or multifarious”.

As far as ensuring the principals of the pork barrel cartel are prosecuted and convicted in the Sandiganbayan, civil society must focus its energy on two initiatives. First, it must support the 13-member Special Panel of Investigators organized by the Office of the Ombudsman “to conduct a prompt investigation, gather evidence, and recommend appropriate actions, including the filing of criminal and administrative cases, against all individuals found responsible”.

The panel has the power to compel any public officer or employee to submit documents pertaining to contracts and transactions. It can secure any relevant information and examine records. The scope of its investigation covers “flood control projects of the government, both local and national, and the alleged corrupt practices involved therein, including misappropriation of public funds.” The panel is chaired by Assistant Ombudsman Caesar Asuncion and Assistant Ombudsman Maria Olivia Elena Roxas and its members are veteran corruption investigators.

Second, civil society must pressure the President to appoint an Ombudsman who has absolutely no personal or professional association to him and his family. The public will have more confidence with an Ombudsman who has no link to him whatsoever to independently pursue every principal and accomplice involved in the pork barrel cartel, including the President’s allies and kin. Pertinently, there are names in the list of candidates for the post who fit this bill.

It is likewise well-established that if the President appoints someone who is connected to him or to his clan, then the ability of the Ombudsman to prosecute and win a conviction against all the persons involved in this corruption scheme will be compromised. The guiltiest of all the conspirators will likely get away scot-free. And the money stolen from the public coffers will be lost forever. Alarmingly, some of the candidates to the office have clear ties to the President and his family.

Civil society must accept the fact that giving too much attention to the ICI and congressional hearings only helps the Tradpols working to hide their complicity in the pork barrel cartel. Just let legacy media use the information revealed in these investigations to paint the real picture for the public. Then let social media do the rest. But ensuring the Ombudsman puts dynastic politicians, bureaucrats, and contractors behind bars for a long time demands a more consistent and direct intervention.