Legality of ICI questioned before Supreme Court

A teacher has filed a petition with the Supreme Court (SC) questioning the legality of Executive Order (EO) No. 94, which established the Independent Commission for Infrastructure (ICI).

In a 22-page petition, John Barry Tayam asked the High Court to declare the validity and constitutionality of the ICI as well as to determine the lawful creation and scope of authority of the commission.

“Ang prayer ko naman dito ay bigyan nila ng ruling kung valid ba. Kasi ang issue na ni-raise ko dito, unconstitutional ba ‘yung EO 94 ni President Bongbong Marcos,” he said in an ambush interview.

(My prayer here is for them to issue a ruling on whether it is valid. Because the issue I raised is whether President Bongbong Marcos’ EO 94 is unconstitutional.)

He said that the ICI will be abolished if it is found to be unconstitutional.

“However, sinabi ko na sana kahit nakasampa na ng kaso o ‘yung following ng doctrine of operative fact ay valid siya until proven na unconstitutional or illegal,” he said.

(However, I said that hopefully, even if the case has already been filed, or following the doctrine of operative fact, it will remain valid until it is proven unconstitutional or illegal.)

GMA News Online has asked the ICI for comment and will publish its response once available.

Tayam cited the Philippine Truth Commission under the administration of late President Benigno “Noynoy” Aquino III, which was declared unconstitutional by the court for violation of the equal protection clause.

The Truth Commission was tasked to investigate the alleged corruption and cheating scandals of the Arroyo administration.

“While the ICI may not be identical to the PTC, a conflict of interest is nonetheless a concern, as the investigation centers on the Department of Public Works and Highways (DPWH) specifically, its previous secretaries and district engineers, all of whom fall under the Executive Branch headed by the President,” he said in the petition.

Tayam also expressed concern that the ICI may create redundancy with existing bodies such as the Ombudsman and the Department of Justice.

“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.

Further, Tayam said that the ICI’s coverage of 10 years will limit the timeframe to only half of Aquino’s administration and the entirety of the Duterte administration.

He said this “also constitutes unfairness and a violation of the equal protection clause.” — RSJ, GMA Integrated News