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Marcos’ “Independent” Commission vs. Pulong’s Middle Finger: A Love Story in Graft and Privilege

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Louis ‘Barok’ Biraogo

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Marcos’ “Independent” Commission vs. Pulong’s Middle Finger: A Love Story in Graft and Privilege
Executive Order vs. Legislative Ego: The Rematch Nobody Asked For 

By Louis ‘Barok‘ C. Biraogo — December 6, 2025

HAYY, mga ka-kweba, gather ’round the digital campfire for another episode of Philippine Politics: The Musical, where the hits include “Separation of Powers Shuffle” and “Whataboutism Waltz.” We’re about to dissect the latest standoff between Rep. Paolo “Pulong” Duterte and the so-called Independent Commission for Infrastructure (ICI) like a holiday lechon — using the sharp knives of the 1987 Constitution, Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), Republic Act No. 9184 (Government Procurement Reform Act), Republic Act No. 6770 (Ombudsman Act of 1989), and those Supreme Court gems Neri v. Senate (G.R. No. 180643, 2008) and Senate v. Ermita (G.R. No. 169777, 2006). Buckle up; the absurdity is about to peak.

“Executive Order 94: powered by 100% recycled paper and 0% recycled spine.”

1. The Theatre of the Absurd: Scions, Ghosts, and a Commission That Can’t Subpoena Its Way Out of a Paper Bag

Picture this: A dimly lit stage in Manila, spotlights flickering like a faulty pork barrel bulb. Enter the cast—Pulong Duterte, the brooding scion of Davao’s dynasty, flexing his congressional badge like a backstage pass to impunity. Opposite him, the Independent Commission for Infrastructure (ICI), President Marcos Jr.’s “independent” brainchild via Executive Order No. 94, posing as the stern auditor but really just a fancy referral machine. And lurking in the shadows? The ghost of Elizaldy Co, the resigned lawmaker whose budget-insertion confessions are the plot twist nobody asked for—P100 billion allegedly funneled under Marcos’s watch, with Romualdez as the enabler. Co’s already facing charges, but his finger-pointing at the palace? Crickets from the ICI.

Now, the script: Pulong’s December 3 letter is a masterpiece of performative lawyering, six reasons long, dripping with constitutional buzzwords. “Separation of powers? Check. No Appropriations Committee gig? Double check. Go fish in DPWH and DBM ponds instead? Triple check.” He accuses the ICI of being Marcos’s personal hit squad, ignoring Co’s bombshells on the prez and his cousin while zeroing in on Davao’s P4.44 billion flood-control fiascos—double funding, overpricing, incomplete projects, as flagged by Rep. Antonio Tinio. The ICI’s response? A polished counter-letter that’s all “invitation, not subpoena” and “we’re just fact-finding, bro,” citing Cariño v. Commission on Human Rights like it’s a get-out-of-jail-free card. It’s grandstanding on both sides: Pulong plays the victim of selective justice, ICI the impartial hero. Spoiler: Neither script wins an Oscar; it’s all smoke, mirrors, and election-year maneuvering.

2. Constitutional Jujitsu: “You Can’t Touch This” vs. “Pretty Please With a Cherry on Top”

Here we go, mga ka-kweba—the main event: Pulong’s “you can’t touch me” haymaker, rooted in Article VI, Section 11 of the 1987 Constitution, that sacred Speech or Debate Clause shielding lawmakers from being “questioned nor held liable in any other place” for legislative acts. He flips separation of powers (Articles VI–VIII) like a judo master, arguing an EO-spawned executive panel can’t boss a congressman around. ICI counters with a limp “it’s just an invitation” posture, invoking the President’s duty under Article VII, Section 17 to faithfully execute laws, and precedents like Neri v. Senate and Senate v. Ermita that demand specificity and procedural safeguards.

But is Pulong’s shield legit, or just a cloak for shady dealings? The clause protects core legislative stuff—speeches, votes, deliberations—but crumbles on “non-legislative acts.” If ICI’s sniffing around procurement irregularities, district endorsements, or political meddling in Davao contracts (hello, RA 9184), that’s fair game. That’s not “debate”; that’s potential graft under RA 3019. ICI’s in jurisdictional limbo—an executive outfit poking legislative shadows, with zero real teeth beyond headlines and referrals. Mockery alert: It’s like a traffic enforcer ticketing a senator for jaywalking in Congress. Amusing, but ultimately powerless without a court smackdown.

3. Whataboutism on Steroids: “Investigate Marcos First” – The Oldest Trick in the Dynasty Handbook

Pulong’s counter-punch is classic deflection: “Why me and not Marcos or Romualdez?” He demands ICI probe Regions I and VIII’s projects from 2000–2025, tying it to Co’s accusations of budget insertions and shares. Is this a cry for fairness or a desperate “look over there!”? Legitimately, yeah—Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials) demands “justness and sincerity” from officials, and selective probes reek of politics. But it’s also a gambit straight from the playbook of the cornered.

ICI’s credibility? On life support. As a “non-partisan” fact-finder per EO 94, it’s supposed to chase irregularities from 2016 onward, but ignoring Co’s palace pointers while hammering Dutertes smells like a scalpel sharpened for 2028 vendettas. If they don’t pivot publicly to Marcos-Romualdez leads, they’re forever the kangaroo court, hopping to the palace tune.

4. The Real Endgame: Forget the Hot Seat – Just Follow the Paper Trail to the Ombudsman

Forget the testimony tango—ICI’s killer move is forensic auditing, not Pulong’s hot seat. Follow the documents: Department of Public Works and Highways (DPWH), Department of Budget and Management (DBM), Commission on Audit (COA) records on those Davao projects scream for scrutiny under RA 9184 (bidding transparency, no overpricing) and RA 3019 (graft via undue advantage). Double funding? Procurement fraud. Incomplete works? Potential unexplained wealth. ICI can subpoena agencies, interview contractors, trace bank trails—build a case without Pulong uttering a word.

Irony alert: Pulong dodges ICI, but a referral to the Office of the Ombudsman under Republic Act No. 6770 (Ombudsman Act of 1989)? That’s the real hammer—subpoena power, investigations, Sandiganbayan trials. No legislative immunity there for non-core acts. Pulong’s paths? Defiant letters → Ombudsman probes → possible RA 3019 indictments and forfeiture under Republic Act No. 1379. Worst case: Sandiganbayan conviction, political exile. Either way, the endgame’s in audits, not theatrics.

5. Fallout Forecast: Dynasty Damage, Palace Panic, and Another Decade of Flooded Accountability

  • For the Dutertes: Defiance juices the base but paints them as obstructionists. Pulong’s stonewalling could boomerang in 2026 barangay polls; add Ombudsman heat, and it’s dynasty damage control. Sara’s VP perch? Tarnished.
  • For Marcos: This probe tests his grip—win big with clean findings, and “unity” shines; bungle it with selectivity, and it’s clan warfare, fracturing alliances for 2028.
  • For institutions: Investigatory bodies vs. clans is Philippine democracy’s eternal rerun—accountability as kabuki theater. Laugh or cry? Both, while the floods keep coming.

6. Verdict: Both Sides Are Clowns, But Only One Might End Up in Sandiganbayan Orange

Pulong’s privilege-flexing is transparent as cellophane—hiding behind Article VI while Davao’s projects rot. ICI? Your “independent” mandate is as selective as a rigged raffle, dodging Marcos leads like they’re radioactive. Both overreach: Pulong with evasion, ICI with bias. Neri and Ermita remind us—procedural fairness or bust.

Recommendations:

  • To Pulong: Submit those written answers before the Ombudsman comes knocking with real subpoena power under RA 6770.
  • To the ICI: Investigate the Marcos-Romualdez allegations publicly and immediately, or permanently wear the “kangaroo court” crown.
  • To the Public: Stop cheering for your team’s gladiator and start demanding actual, unvarnished facts. Accountability isn’t a spectator sport.

Key Citations

Primary Legal Sources

Primary News Source

Louis ‘Barok‘ C. Biraogo

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