SC Dismisses Challenge Against Creation of Independent Commission for Infrastructure

Manila: The Supreme Court (SC) on Wednesday dismissed a petition challenging the creation of the Independent Commission for Infrastructure (ICI), an ad hoc body tasked by Malaca±ang to investigate the anomalous flood control projects. In a resolution penned by Associate Justice Samuel H. Gaerlan, the SC en banc ruled that the petition filed by lawyers Jacinto Paras, Manuelito Luna, and Ferdinand Topacio failed to meet the requirements for judicial review.

According to Philippines News Agency, the SC dismissed the petitioners' claim that the Executive Order No. (EO) 94, Series of 2025, which created the ICI, violates the equal protection clause, usurps the legislative power of Congress, and reduces or takes away the powers and functions vested in the Office of the Ombudsman and the Commission on Audit by the Constitution. They also claimed that the EO violates the Constitutional provision that no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

The high court ruled that the petition violated the hierarchy of courts doctrine because it was filed directly with the SC. While direct recourse to the SC is allowed in exceptional cases, the petition failed to cite any compelling reason to bypass the lower courts, it added.

The SC also found that the petitioners did not show that an actual case or controversy exists, which requires a violation of a legally enforceable right. The petition, it added, did not show that their rights were violated, or that EO 94 adversely affected them.