MANILA – The Supreme Court dismissed a petition challenging the creation of the Independent Commission for Infrastructure (ICI), an ad hoc body tasked by Malacañang to investigate alleged anomalies in flood control projects.

In a resolution penned by Associate Justice Samuel H. Gaerlan, the SC en banc ruled that the petition filed by lawyers Jacinto Paras, Manuelito Luna, and Ferdinand Topacio failed to meet the requirements for judicial review.

The petitioners claimed that Executive Order No. 94, Series of 2025, which created the ICI, violates the equal protection clause, usurps Congress’ legislative power, diminishes powers vested in the Office of the Ombudsman and the Commission on Audit, and contravenes the Constitutional provision that no money shall be paid out of the Treasury except under a lawfully approved appropriation.

The high court ruled that the petition violated the hierarchy of courts doctrine because it was filed directly with the SC. While direct recourse to the Supreme Court is allowed in exceptional cases, the petitioners failed to present any compelling reason to bypass the lower courts.

The SC further found that the petitioners did not show the existence of an actual case or controversy, which requires a violation of a legally enforceable right. The court noted that the petition did not demonstrate that their rights were violated or that EO 94 adversely affected them.