Senator Rodante Marcoleta questioned on Tuesday, Oct. 21, the Independent Commission for Infrastructure's (ICI) independence when it's asking assistance from different government agencies.

Marcoleta pointed this out during the finance subcommittee's deliberations of the Department of Justice's (DOJ) proposed budget for 2026.

It was Senate Finance Committee chairperson Senator Sherwin Gatchalian who first asked about the DOJ's current role in holding individuals accountable with the creation of the ICI and also with the presence of the Ombudsman.

"So how do you interplay, what are the roles of these bodies?" Gatchalian said in Filipino.

DOJ OIC-Secretary Frederick Vida said that the primary responsibility of pursuing corrupt public officials who fail to fulfill their duties under the law rests mainly with the Ombudsman. He cited a 2012 memorandum between the DOJ and the Ombudsman which divides their jobs, stating that when it comes to case buildup and prosecution, those with salary grades 26 and below falls with the DOJ while for salary grades 27 and above is within the jurisdiction of the Ombudsman.

However, he added that the information they gathered will ultimately be referred to the Ombudsman.

Vida said that for the part of ICI, who is also a fact-finding body, it also sought information from the DOJ but dismissed any conflict between them. He also said that the ICI borrows fiscals from them to process the evidence and information they obtain.

At this point, Marcoleta questioned the independence of the ICI.

"Akala ko ba ang ICI ay independent body? (I thought the ICI was an independent body?)" he asked Vida.

"Ba't kinakailangan siya humingi ng tulong sa mga fiscal ninyo o prosecutors? (Why does he need to ask for help from your fiscals or prosecutors?) That is not being independent," he added.

Marcoleta also raised some of the ICI's powers which include obtaining information from the House of Representatives, the Senate, the courts, the Ombudsman and other authorities upon request.

"Papaano kang independent eh andami mong kinakasangkapan, hingi ka nang hingi [ng information]? (How can you call yourself independent when you rely on so many others, constantly asking for information?) You should obtain the information by yourself all alone. Yun ang independent (That's what independent means)," he added.

DOJ Prosecutor General Anthony Richard Anthony Fadullon clarified, however, to Gactchalian that there's no duplication between the ICI and the DOJ.

"There would be no duplication sir because in the investigation which are conducted by the DOJ with the assistance of the NBI, during the meetings that we have, members of, or representatives from the ICI are also present and we supply them and we furnished them copies of whatever the results are of the investigation just to make sure that ICI is also informed of the actions being taken by the DOJ," he said.

As much as possible, Fadullon added that any filings for example that they did with the Office of the Ombudsman is also furnished to the ICI just so to make sure that they're not investigating the same cases. As far as the DOJ is concerned, Fadullon said that they can proceed already with their investigation depending on the evidence that is submitted to them or gathered by the NBI.

With this, on their own, Fadullon said that theycan already through the assistance of the NBI, make recommendations for cases which may be filed already for preliminary investigation.

"Now as far as the ICI is concerned, my understanding sir is that, there are fact-finding and whatever the results of their fact-finding investigation would be is the one who should be forwarded to the office of the Ombudsman or the DOJ as the case maybe," he added.