Supreme Court junks petition questioning ICI’s establishment

MANILA, Philippines — The Supreme Court (SC) on Wednesday, February 4, announced that it dismissed the petition that challenged the constitutionality of the Independent Commission for Infrastructure’s (ICI) establishment.

Acting on the Jacinto V. Paras et al petition, the SC en banc junked the legal challenge for failing to meet the basic requirements for judicial review. 

President Ferdinand Marcos Jr.’s Executive Order (EO) No. 94 signed last year created the ICI as the government’s body responsible for probing the multi-billion flood control corruption. 

In their challenge, the petitioners said the EO violates the equal protection clause and usurps Congress’ legislative power or takes away the functions of the Office of the Ombudsman and the Commission on Audit.

It also argued that the EO allegedly violates the Constitutional provision that “no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.”

However, the SC denied the petition due to technicality — the challenge was filed directly with the High Court, thus violating the hierarchy of courts doctrine. 

Since the SC is not a trier of facts, petitions that contain questions on facts should be filed with the lower courts. What the High Court answers are questions of law. The failure to observe this hierarchy of courts doctrine may result in the dismissal of a petition. 

“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 High Court said.

Aside from this, the SC also said that the petitioners did not show that an actual case or controversy exists, “which requires a violation of a legally enforceable right.” Also, the petition did not show that the petitioners’ rights were violated or that Marcos’ EO adversely affected them. 

The ICI, chaired by retired SC associate justice Andres Reyes, serves as an initial layer in the probe into public officials and private contractors allegedly involved in flood control corruption. After each probe, it sends a referral to the Ombudsman.

These referrals contain facts and allegations that may be used by the Ombudsman in its own investigation. If the Ombudsman finds enough evidence, it will file necessary cases with the courts against those involved. 

However, the ICI is now in limbo because Reyes is the lone member left in the body, following the resignations of its commissioners, former public works chief Rogelio “Babes” Singson and SGV & Co. country managing partner Rossana Fajardo. – Rappler.com