The Independent Commission for Infrastructure (ICI) said on Monday that it cannot use resigned Ako Bicol Party-list Rep. Elizaldy Co’s testimony as evidence in their investigation into the anomalous flood control projects.

According to ICI Executive Director Atty. Brian Hosaka, the video statement needs to be verified and should not have been tampered with, as was done with the videos released in segments.

“Alam naman natin, under the rules of evidence, kailangan talaga, mga sworn affidavits ‘to, kailangan talaga verified. And plus the fact… under the rules of evidence, pagka video ‘yan, kailangan diyan ay untampered, dire-diretso,” Hosaka told the media.

The congressman, or whoever holds pertinent information to disclose to the commission, must testify under oath.

“As I said, we’re taking with a grain of salt, kasi nga, hindi nga siya verified. We just have to take it at that. But in the meantime, mas mabuti siguro, kung mayroon man mga ganyang impormasyon, kung sino man ang may impormasyon na ganyan, pumunta talaga sa komisyon and testify under oath, para talagang matibay ang ebidensya na makukuha ng komisyon, para ito ay maisama sa aming mga referrals,” Hosaka said.

In addition, the ICI is now looking into the possibility of requesting a contempt order against Co. Hosaka said the subpoena delivered to Co’s address has been returned with a service report, according to RH 15 Jecelle Ricafort.

“The legal team will now look into the possibility of filing any petitions before the Regional Trial Court for indirect contempt,” Hosaka said.

Co has alleged in videos released online that President Ferdinand Marcos Jr. instructed him to make an insertion of ₱100 billion in projects and that he was told he would be shot if he disclosed what he knew about such transactions.