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FACT CHECK: Supreme Court DID NOT question legality of ICI

WHAT WAS CLAIMED

The Supreme Court questions the constitutional basis for the creation of the Independent Commission for Infrastructure.

OUR VERDICT

False:

It was senior high school teacher John Barry Tayam who filed a petition before the SC questioning the constitutionality of the ICI.

By VERA Files

Nov 7, 2025

2-minute read
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A Facebook post claims that the Supreme Court is questioning the constitutional basis for President Ferdinand Marcos Jr.’s Executive Order No. 94, creating the Independent Commission for Infrastructure (ICI). This is false.

Published on Nov. 4, the post that continues to circulate this week bears a photo of Chief Justice Alexander Gesmundo and a text that says:

KORTE SUPREMA KUMILOS NA! (Supreme Court has taken action)”

It has a caption that reads:

MASTER OF BEND THE LAW KASI ANG BANGAG (Because the addict is a master in bending the law)”

The Supreme Court did not question the constitutionality of Executive Order No. 94 that created the Independent Commission for Infrastructure. It was John Barry Tayam, a senior high school teacher from Las Piñas City, who filed a petition before the High Court questioning the legality and scope of the commission’s authority.

It was John Barry Tayam, a 29-year-old senior high school teacher from Las Piñas City, who filed on Oct. 31 a 22-page petition before the SC, claiming that EO 94 has legal defects and should be struck down.

Marcos signed EO 94 that established the ICI on Sept. 15 to probe alleged systemic corruption in flood control and other infrastructure projects, gather and examine evidence of possible anomalous contracts and conduct hearings.

Tayam argued that the ICI created redundancy with existing government bodies such as the Office of the Ombudsman and the Department of Justice, which are also investigating the anomalous flood control and other infrastructure projects.

The reel posted by Facebook user Te-ra Toy (created on April 26, 2022) has so far garnered 114,000 views, with 5,600 reactions, 351 comments and 1,100 shares.

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