The Supreme Court (SC) has been petitioned to rule on the constitutionality of President Ferdinand Marcos Jr.’s Executive Order 94, which created the Independent Commission for Infrastructure (ICI).

Petitioner John Paul Tayam, a senior high school instructor, asked the high court to determine whether the ICI is valid under the 1987 Constitution, arguing that the executive order effectively created a new government body and utilized public funds without congressional authorization.

“When you create a new commission, you are in effect creating a new government agency that requires a separate budget,” Tayam said in his filing. “They already moved money from the 2025 budget even though the Supreme Court has not yet issued a decision on it.” Tayam was referring to the General Appropriations Act of 2025, which he said is still under legal scrutiny.

The petitioner cited the SC precedent set in Meralco vs. Philippine Road Commission, where a similar body was declared unconstitutional during the Arroyo administration.

Tayam also raised issues concerning the commission’s transparency, claiming some of its hearings were not made public despite earlier promises of livestream coverage. “They refused to publish their previous hearings. That’s a violation of the citizens’ right to public information,” he asserted.

Additionally, the petitioner questioned the alleged exclusion of several officials, including former Public Works Secretary Mark Villar and House Speaker Martin Romualdez, from cases reportedly handled by the commission.

Tayam is asking the high bench to either declare Executive Order No. 94 void if found unconstitutional or to at least clarify the limits of the ICI’s authority.

“It’s a win-win situation,” he said. “If the Supreme Court rules in my favor, then the ICI will be abolished. If not, at least its powers will be restrained.”

The petition is expected to be formally docketed by the SC in November.