Sara Duterte trial: Can a VP have business interests?

The start of the unexplained wealth case against Vice President Sara Duterte has put her business interests front and center, raising significant questions about her potential conflicts with constitutional mandates. The trial has summoned former Sandiganbayan presiding justice Amparo Cabotaje-Tang to the witness stand. Despite her lack of direct involvement in Duterte's impeachment proceedings, her testimony aims to clarify legal concepts of public accountability for the public. Prosecutor Chel Diokno, after successfully fending off a defense attempt to exclude Tang's testimony, questioned her on key constitutional provisions relevant to the President and Vice President. These include Article VII, Section 6, which states, "The salaries of the President and Vice President shall be determined by law and shall not be decreased during their tenure… They shall not receive during their tenure any other emolument from the Government or any other source." Additionally, Article VII, Section 13, prohibits them from holding "any other office or employment during their tenure" and from "directly or indirectly, practic[ing] any other profession, participat[ing] in any business." Diokno's careful questioning comes as House impeachment hearings earlier this year already spotlighted businesses linked to the Vice President. The Senate has previously ordered the subpoena of financial records for companies associated with her and her husband, Mans Carpio, including Metro City Chow Food Corporation, Gencorp Industries, Inc., Carpio Lawyers, and numerous others. Duterte's 2024 Statement of Assets, Liabilities, and Net Worth (SALN) declared her continued stock ownership in Metro City Chow Foods and Gencorp. Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, mandates public officials to divest their shares from any private business enterprise within 60 days of assuming office. When questioned by Senator Chiz Escudero about whether a president or vice president must divest from all businesses, even small ones, Tang affirmed, "Yes, Sir." Diokno also emphasized that the President and Vice President are held to a higher standard due to their extensive powers, which increases the potential for abuse. Tang cited the 1991 Supreme Court decision in Civil Liberties Union v. The Executive Secretary, which struck down an executive order allowing Cabinet members to hold additional government corporate positions, reinforcing a stricter standard for the executive branch rooted in the framers' intent to prevent abuses. Information Source: Rappler Philippines