Ched Rick Gatchalian

Article (news)

SC rejects petition questioning the constitutionality of ICI

Adrian Ayalin

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/177019692659720251015-ici-headquarters-MT4.jpg" style="width:960px" class="fr-fic fr-dib" alt="Facade of the Independent Commission for Infrastructure (ICI) headquarters in Taguig City Photo taken on October 15, 2025. Maria Tan, ABS-CBN News/File" width="960"/><span class="fr-inner" style="text-align:left">Facade of the Independent Commission for Infrastructure (ICI) headquarters in Taguig City Photo taken on October 15, 2025. <em>Maria Tan, ABS-CBN News/File</em></span></span></span></div><p>MANILA -- The Supreme Court dismissed the petition filed by lawyers Jacinto Paras, Manuelito Luna and Ferdinand Topacio which questioned the constitutionality of Executive Order No. 94 which created the Independent Commission for Infrastructure.</p><p>In a statement, the high court said the petition was dismissed during its en banc session on February 4, 2026.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/1/30/ici-convenes-with-partners-to-harmonize-data-on-flood-control-anomalies-2036">ICI convenes with partners to &#x27;harmonize&#x27; data on flood control anomalies</a></div><p>The Supreme Court ruled in the decision penned by Associate Justice Samuel Gaerlan that the petition violated the hierarchy of courts doctrine because it was filed directly with the court.</p><p>“While direct recourse to the SC is allowed in exceptional cases, the petition failed to cite any compelling reason to bypass the lower courts,” the SC said in the statement.  </p><p>The Supreme Court noted that the petitioners argued that EO 94 violates the equal protection clause, usurps the legislative power of Congress, reduces or takes away the powers and functions vested in the Office of the Ombudsman and the Commission on Audit by the Constitution and violates the Constitutional provision that no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.</p><p>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.</p><div><a class="fr-green fr-strong" href="https://www.abs-cbn.com/news/nation/2026/1/27/former-ici-commissioner-several-lifetimes-needed-to-end-corruption-2223" rel="noopener noreferrer" target="_blank">Former ICI commissioner: Several lifetimes needed to end corruption</a></div><p>“The petition did not show that their rights were violated, or that EO 94 adversely affected them,” the SC said.</p><div><br/></div><div><strong>PALACE WELCOMES DECISION</strong></div><p>Malacañang, for its part, welcomed the decision of the Supreme Court, with Palace Press Officer Undersecretary Claire Castro calling it an affirmation of President Ferdinand Marcos Jr.’s aspiration to have a thorough investigation into the flood control anomalies.</p><p>&quot;Sa naging desisyon ng Supreme Court patungkol sa pagbuo ng ICI ay naipakita ng Pangulo sa taumbayan ang maganda niyang hangarin para magkaroon ng malalimang pag iimbestiga sa mga maanomalyang flood control projects,&quot; Castro said in a statement.</p><p>&quot;Obligasyon ng adminstrasyong ito na linisin ang gobyerno mula sa pag aabuso sa pondo ng bayan kaya sinimulan ng Pangulo ito sa pamamagitan ng Executive Order No. 94,&quot; she added. -- <strong>with a report from Harlene Delgado, ABS-CBN News</strong></p><div><strong></strong></div>

<p>The Supreme Court dismissed the petition filed by lawyers Jacinto Paras, Manuelito Luna and Ferdinand Topacio which questioned the constitutionality of Executive Order No. 94 which created the Independent Commission for Infrastructure.</p>

The Supreme Court dismissed the petition filed by lawyers Jacinto Paras, Manuelito Luna and Ferdinand Topacio which questioned the constitutionality of Executive Order No. 94 which created the Independent Commission for Infrastructure.