MANILA, Philippines — Senator-judge Raffy Tulfo on Monday raised questions about the legal parameters governing Vice President Sara Duterte’s declaration of corporate interests in her Statement of Assets, Liabilities and Net Worth (SALN) as the Senate impeachment court continued hearing allegations that she amassed unexplained wealth.
During the 27th day of the impeachment trial, Tulfo said the issue hinges on whether the Vice President should declare ownership of a company and whether such ownership is permitted under the Constitution.
“Will she admit that she owns a company? Will she declare it or not declare it? Because if she does not declare it, that's non-declaration, a culpable violation of the Constitution," Tulto said.
"If she declares that she owns a company, that's a violation of Article VII, Section 13, because it is prohibited for a Vice President to own a company, or many businesses for that matter,” he added.
Senate Presiding officer Francis “Chiz” Escudero then reframed the issue and asked Securities and Exchange Commission (SEC) Company Registration and Monitoring Department Director Gerardo del Rosario whether the agency itself had a policy treating mere corporate ownership by a president or vice president as prohibited.
"From the SEC’s standpoint, is that prohibited? Is a president or vice president prohibited from owning a corporation? Ownership alone," Escudero asked.
Del Rosario replied that the SEC had no such policy or guideline and said his office had no directive requiring it to flag or report officials solely on that basis.
Tulfo also said that while the Vice President's sworn SALN indicates joint corporate ownership with her spouse, Article VII, Section 13 of the Constitution prohibits the President, Vice President, and Cabinet members from holding business interests during their tenure.
The senator also raised the issue of divestment, noting that no divestment had been executed from 2022 to 2025 based on the matters presented during the proceedings.
The constitutional restrictions on business interests should be examined regardless of whether the business generates a profit, he added.
Meanwhile, Tulfo called it "mind-boggling" that Duterte, herself a lawyer and married to lawyer Manases “Mans” Carpio, was apparently not advised to divest from her business interests after assuming office in 2022.
He argued that Duterte faced a “catch-22”: failing to declare the companies could raise questions about nondisclosure, while declaring them could indicate a possible violation of the Constitution.
“Not a single one of them advised her, ‘VP, you need to divest because that is prohibited,’” Tulfo said. “It’s mind-boggling to me. It doesn’t make sense at all.”