The Supreme Court (SC) on Wednesday dismissed the petition questioning the constitutionality of the executive order which created the Independent Commission for Infrastructure (ICI).
In its resolution, the SC en banc ruled that the petition failed to meet the basic requirements for judicial review.
The High Tribunal found the petition violated the hierarchy of courts doctrine as it was filed directly with the SC.
It explained that while direct recourse to the SC is allowed in exceptional cases, petitioners failed to cite any compelling reason to bypass the 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.
Likewise, petitioners failed to show that their rights were violated, or that the issuance of Executive Order (EO) 94, series of 2025, adversely affected them.
Last year, the EO created the commission to serve as an independent ad hoc fact-finding body to investigate alleged anomalies in government flood control projects nationwide.
Malacañang, for its part, lauded the High Court’s decision affirming the legality of the ICI.
Presidential Communications Office (PCO) Undersecretary Claire Castro said this development validated President Ferdinand “Bongbong” Marcos Jr.’s intent to pursue deep investigations into alleged anomalies affecting public infrastructure.
“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,” Castro said.
(Through the Supreme Court’s decision regarding the creation of the ICI, the President has shown the public his strong intention to conduct thorough investigations into anomalous flood control projects.)
“Obligasyon ng adminstrasyong ito na linisin ang gobyerno mula sa pang-aabuso sa pondo ng bayan kaya sinimulan ng Pangulo ito sa pamamagitan ng Executive Order No. 94,” she added.
(This administration is under the obligation to cleanse government operations from abuse of public funds and so the President carried this out through the implementation of EO 94.)
The ICI was established under EO 94 in September 2025 with broad powers to gather evidence, issue subpoenas and recommend cases for criminal, civil or administrative action against those implicated in irregularities.
