Palace: SC ruling on ICI vindicates Marcos Jr.

MANILA, Philippines —  President Marcos was vindicated by a Supreme Court decision upholding the constitutionality of the Independent Commission for Infrastructure.

“With the Supreme Court’s decision regarding the formation of the ICI, the President has shown the people his good intentions to conduct an in-depth investigation into anomalous flood control projects,” Presidential Communications Undersecretary Claire Castro said in a Viber message to reporters yesterday.

“It is the obligation of this administration to cleanse the government of the abuse of public funds, which is why the President initiated this through Executive Order No. 94,” she added.

The high court dismissed the petition filed by lawyers Jacinto Paras, Manuelito Luna and Ferdinand Topacio questioning the constitutionality of EO 94, which created the ICI.

According to the SC Office of the Spokesperson, the petition was dismissed for failing to “meet the basic requirements for judicial review.”

The court said the petition violated the hierarchy of courts doctrine, as it offered no compelling reason to bypass lower courts and file directly with the SC.

“The SC also found that the petitioners did not show that an actual case or controversy exists, which requires a violation of a legally enforceable right. The petition did not show that their rights were violated or that EO 94 adversely affected them,” the spokesperson added.

Castro earlier said the Marcos administration stands ready to assist the commission in its work.

Created in September last year, the commission was tasked with investigating anomalous flood control and other infrastructure projects over the past 10 years.

In an interview last month, Marcos said the work of the ICI is “coming toward the end.”

The previously three-member commission is now left with only its chairman, retired Supreme Court associate justice Andres Reyes Jr., after former public works secretary Rogelio Singson and SGV & Co. country managing partner Rossana Fajardo resigned.

Discayas face tax evasion raps

The Department of Justice (DOJ), meanwhile, has indicted government contractors Sarah and Curlee Discaya, who are both linked to the multibillion-peso flood control scandal, for tax evasion.

The DOJ said it has found prima facie evidence “with reasonable certainty of conviction” to file charges against the couple for violations of the National Internal Revenue Code (NIRC), specifically Section 254 on Willful Attempt to Evade or Defeat Tax and Section 255 on Willful Failure to Supply Correct and Accurate Information.

Prosecutors found that the Discayas violated Section 254 by concealing or under-declaring their true income for taxable years 2020 and 2021 in their capacities as sole proprietors of St. Gerard Construction General Contractor and Development and Fine Things Fashion Wear House.

They also violated Section 255 for failing to supply correct and accurate information in their income tax returns for the same years.

The cases stemmed from two separate complaints filed by the Bureau of Internal Revenue (BIR) and will be filed before the Court of Tax Appeals.

Meanwhile, three other BIR complaints against the Discayas and St. Gerard Construction for alleged violations of Section 263 on unlawful possession or removal of articles subject to excise tax were dismissed.

“In one of the cases, it was found that no prima facie evidence exists to indict Sarah Discaya for non-payment of excise taxes, as she was not the importer of the subject motor vehicles but merely the end consumer. Under the NIRC, liability for excise taxes rests with the importer, not the end consumer,” the DOJ said.

“In the two other complaints for non-payment of excise taxes against Curlee Discaya and St. Gerard Construction, the same were dismissed on the ground of prescription for being filed beyond the five-year prescriptive period for criminal actions under the NIRC,” it added.

In December 2025, the Office of the Ombudsman filed cases against the Discayas and others over a P96.5-million ghost flood control project in Davao Occidental.

Sarah is currently detained at the Lapu-Lapu City Jail and has pleaded not guilty to graft and malversation, while Curlee is held at the Senate on a contempt citation.

In a related development, the Bureau of Customs (BOC) is set to auction 10 luxury vehicles owned by the Discaya family, including the black Rolls Royce Cullinan and blue Bentley Bentayga. . –  Daphne Galvez, Evelyn Macairan