A public school teacher has filed a petition before the Supreme Court (SC) questioning the legality of Executive Order (EO) No. 94, which established the Independent Commission for Infrastructure (ICI).
In a 22-page petition, John Barry Tayam asked the High Court to rule on the validity and constitutionality of the ICI, as well as to determine the legal basis and scope of authority of the commission.
“Ang prayer ko naman dito ay bigyan nila ng ruling kung valid ba. Kasi ang issue na ni-raise ko dito, unconstitutional ba ‘yung EO 94 ni President Bongbong Marcos,” Tayam said.
He explained that the ICI should be dissolved if proven unconstitutional.
“However, sinabi ko na sana kahit nakasampa na ng kaso o ‘yung following ng doctrine of operative fact ay valid siya until proven na unconstitutional or illegal,” he added.
Tayam cited the Philippine Truth Commission (PTC), which was created during the administration of the late President Benigno “Noynoy” Aquino III but was later declared unconstitutional by the Supreme Court for violating the equal protection clause. The Truth Commission was tasked to investigate alleged corruption and electoral fraud under the administration of former President Gloria Macapagal-Arroyo.
“While the ICI may not be identical to the PTC, a conflict of interest is nonetheless a concern, as the investigation centers on the Department of Public Works and Highways (DPWH) specifically, its previous secretaries and district engineers, all of whom fall under the Executive Branch headed by the President,” Tayam noted in his petition.
He also raised concerns that the ICI’s mandate could overlap with existing government bodies such as the Office of the Ombudsman and the Department of Justice (DOJ).
Tayam further argued that the commission’s 10-year coverage period effectively limits its investigation to only half of Aquino’s administration and the entirety of former President Rodrigo Duterte’s term.