A petition has been filed before the Supreme Court directly challenging the constitutionality and scope of authority of the Independent Commission for Infrastructure (ICI).
ICI was created by Executive Order 94, issued by President Ferdinand Marcos Jr., to investigate, receive evidence, and evaluate reports against all individuals involved in substandard and ‘ghost’ flood control, and other infrastructure projects over the past 10 years.
The EO allows the body not only to investigate, receive evidence and evaluate reports, but also recommend the filing of appropriate criminal, civil and administrative cases.
The petitioner, John Barry T. Tayam, a citizen and taxpayer, urges the SC to ‘subsequently declare the validity and constitutionality of EO No. 94, and determine the lawful creation and scope of authority of the Independent Commission for Infrastructure (ICI).’
Tayam said the legal and operational structure of the ICI raises serious constitutional questions, citing a potential violation of the equal protection clause, and a problematic redundancy with existing anti-graft agencies.
He said a conflict of interest is a cause of concern given that the ICI was created by the Executive branch of the government, and the center of the investigation – which is the Department of Public Works and Highways (DPWH) – is under the same branch of government.
Tayam added that the creation of the ICI could also drag out the investigation, as it would be a redundant office since the Office of the Ombudsman and the Department of Justice (DOJ) are already conducting the same investigations.
‘This excessive bureaucracy effectively deprives the public of its right to a speedy trial, a right crucial for a frustrated populace demanding quick resolution regarding the individuals involved in the flood control issues,’ Tayam said.
The petitioner ultimately prays for the Supreme Court to rule on the validity of E.O. 94 and define the lawful scope and limitations of the ICI’s authority.