The Supreme Court (SC) has dismissed a petition challenging the constitutionality of Executive Order No. 94, which created the Independent Commission for Infrastructure (ICI).
In a resolution penned by Associate Justice Samuel Gaerlan, the SC En Banc ruled that the petition failed to meet the basic requirements for judicial review.
“The SC dismissed the petition filed by Jacinto V. Paras et al. (petitioners), questioning the constitutionality of Executive Order No. 94, Series of 2025, which created the Independent Commission for Infrastructure (ICI),” the Court said.
The SC explained that the petition violated the doctrine of hierarchy of courts as it was filed directly before the High Court.
While direct recourse to the SC is allowed in exceptional cases, the petitioners failed to cite compelling reasons to bypass lower courts.
“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 did not show that their rights were violated, or that EO 94 adversely affected them,” the Court added.
The petitioners argued that EO 94 violated the equal protection clause, encroached on Congress’ legislative powers, diminished or removed the authority of the Office of the Ombudsman and the Commission on Audit, and breached the constitutional provision requiring that public funds be released only through appropriations made by law.
EO 94 created the ICI as an independent fact-finding body tasked with investigating alleged anomalies in government flood control projects nationwide.