A 29-year-old senior high school teacher on Thursday questioned before the Supreme Court the constitutionality of Executive Order (EO) No. 94 that created the Independent Commission for Infrastructure (ICI).
In a 22-page petition, John Barry Tayam, asked the high tribunal to determine the validity of the order and define the commission’s scope of authority.
Tayam, a private citizen who once vied for the lone congressional seat in Las Piñas, has previously filed at least two petitions before the high court on different issues.
The ICI and the Office of the President, through Executive Secretary Lucas Bersamin, were named as respondents in his latest petition.
Tayam argued that the establishment of the ICI created redundancy with existing government bodies like the Office of the Ombudsman and the Department of Justice, both of which are also investigating anomalous flood control and infrastructure projects.
‘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,’ he said.
More appropriate
The ICI, he said, also faces similar issues with the Philippine Truth Commission (PTC) created during the term of the late former President Benigno Aquino III.
Formed in 2010, the PTC was tasked to investigate corruption allegedly committed under then President Gloria Macapal-Arroyo’s administration. It was declared unconstitutional by the Supreme Court the following year for violating the equal protection clause of the 1987 Constitution.
‘While the current structure may offer some difference from the PTC, defining the scope as the last 10 years from 2025 creates a potentially biased outcome,’ Tayam said.
The limited timeframe, he argued, only allows for a partial investigation of Aquino’s term but covers the entirety of the Duterte administration.
He said a ‘more appropriate approach’ would have been the creation of a Board of Inquiry within the Department of Public Works and Highways, similar to the process used for the Mamasapano incident probe.
‘Should the ICI fail, be declared unconstitutional, or be abolished by the executive branch, a more powerful successor commission could emerge,’ Tayam said. He cited House Bill No. 445337 and Senate Bill No. 121538, which both call for the creation of an Independent People’s Commission (IPC).
‘The IPC would have a function similar to the ICI, but it is designed to be more reliable and powerful due to its legislative foundation. Crucially, the IPC could be empowered with contempt authority, which would allow it to enforce cooperation from summoned individuals during investigations,’ he added.
Previous petitions
Under EO 94, the ICI is defined as an ad hoc fact-finding commission mandated to hear, investigate, gather and evaluate evidence whether through complaint or motu proprio against all government officials and employees, and any other individuals allegedly involved in flood control anomalies.
It can recommend the filing of criminal, civil or administrative cases against erring officials to the Office of the President, Ombudsman and the Civil Service Commission. It is also empowered to issue subpoenas for attendance of witnesses and production of documents needed in its investigation.
Tayam ran for the congressional seat in Las Piñas, a stronghold of the Villar and Aguilar political clans, in this year’s mid-term elections but lost to independent candidate Mark Anthony Santos.
In March 2025, he filed a petition for declaratory relief before the Supreme Court to resolve key constitutional questions surrounding the impeachment case against Vice President Sara Duterte, including the provision stating that the trial must proceed ‘forthwith.’
In August also this year, he again filed a petition before the high court, this time challenging the constitutionality of Republic Act No. 12232 that extended the term of office of the incumbent barangay and Sangguniang Kabataan officials from three to four years.