CONSTITUION BARS PRESIDENT, VICE PRESIDENT FROM BUSINESS PARTICIPATION — EX-SANDIGAN CHIEF

THE Constitution bars the President and Vice President from engaging directly or indirectly in business during their tenure, former Sandiganbayan Presiding Justice Amparo Cabotaje-Tang testified Monday as the House prosecution laid out the rules governing business and financial interests under its unexplained wealth charge against Vice President Sara Duterte.

During direct examination, House impeachment prosecutor Akbayan Rep. Chel Diokno asked Cabotaje-Tang whether the President or Vice President may participate in business while holding office.

“Hindi po,” Cabotaje-Tang replied.

Cabotaje-Tang pointed to Section 13, Article VII of the 1987 Constitution, which imposes restrictions on the President, Vice President, Cabinet members and their deputies or assistants during their tenure.

Among the prohibitions are directly or indirectly participating in business, practicing another profession and holding a financial interest in any government contract, franchise or special privilege.

Diokno then asked Cabotaje-Tang to explain how an official could participate in business indirectly.

“Indirectly simply means hindi sila gumagawa, pero iba ang gumagawa but in their name. So ibang tao ang gumagawa para sa kanila,” she testified.

When asked who would benefit in such a situation, Cabotaje-Tang answered: “‘Yung official.”

Cabotaje-Tang also explained beneficial ownership, a concept covering situations where actual ownership or financial interest may rest with someone other than the person identified in legal documents.

“Ang beneficial owner ay ‘yung tunay na taong nagmamay-ari ng ari-arian, or sa interest sa korporasyon, although based on legal documents ibang tao ang nakapangalan doon,” she said.

She agreed with Diokno that the individual named in documents could be different from the person who actually benefits from or holds the financial interest.

Cabotaje-Tang said the constitutional restrictions are particularly stringent for the highest officials of the executive branch.

“There are stricter prohibitions on the President and Vice President, and even actually the Cabinet secretaries, their undersecretaries and assistants,” she testified.

Citing the Supreme Court’s ruling in Civil Liberties Union v. Executive Secretary, Cabotaje-Tang explained why higher executive officials are subjected to stricter limitations.

“There is the greater possibility of abuse in their office given their positions,” she said.

The Supreme Court has characterized the restrictions under Article VII, Section 13 as “sweeping, all-embracing prohibitions,” reflecting the stricter limitations imposed on the President and other top executive officials.

Cabotaje-Tang also discussed the constitutional prohibition against the President and Vice President holding financial interests in government contracts, franchises or special privileges, as well as their duty to strictly avoid conflicts of interest.

“Conflict of interest simply means na ‘yung interest ng official, pribadong interest ng official na ‘yun ay salungat sa interest ng pamahalaan na kanyang pinagsisilbihan,” she said.

‘MY TESTIMONY IS NOT FOR SALE, — CABOTAJE TANG TELLS DEFENSE COUNSEL

Cabotaje-Tang also on Monday told the defense counsel  that her testimony in the impeachment trial of Vice President Sara Duterte was “not for sale.”

The retired Sandiganbayan presiding justice  denied that she had been promised anything in exchange for taking the witness stand.

“My testimony is not for sale, Sir,” Cabotaje-Tang told defense counsel Mark Vinluan during cross-examination before the Senate impeachment court.

Asked whether she had been promised anything in return for her testimony, Cabotaje-Tang answered: “No, Sir. And I will never testify if ever I was offered anything material or otherwise.”

When asked whether she was seeking an ambassadorial position, Cabotaje-Tang replied: “No, Sir. I am retired and I want to enjoy my retirement,” she replied.

LAUDED FOR PATIENCE

Senator-Judge Panfilo “Ping” M. Lacson lauded  Cabotaje-Tang for showing her patience, composure and forbearance during the impeachment trial of VP Sara.

Lacson made the commendation after Cabotaje-Tang answered his clarificatory questions and addressed the defense’s questions about her political leaning, and stressed that her testimony was “not for sale.”

“I just couldn’t help myself. Nais kong gumawa ng short manifestation. Nais kong bigyan ng pagpupugay at paghanga ang ating butihing justice for her patience, composure and forbearance,” he said.

Earlier, Lacson asked Tang clarificatory questions regarding the constitutional prohibition on the President and Vice President engaging in business, particularly why the same prohibition does not apply to other officials like governors, mayors and legislators.

The former Sandiganbayan chief explained that the stricter prohibition is due to the greater potential for abuse of power by the President and Vice President, who are the two highest officials of the land.

“Kaya more stringent ang prohibitions sa kanila because of the powers that they wield, there is the greater possibility of abusing their office,” she said.

Cabotaje-Tang was the prosecution’s first witness under Article II of the Articles of Impeachment. The charge covers allegations involving Duterte’s unexplained wealth, Statements of Assets, Liabilities and Net Worth, and business and financial interests.

Her testimony was confined to general legal principles and did not determine whether Duterte herself had breached the constitutional restrictions she discussed.

House prosecutors are expected to follow Cabotaje-Tang’s testimony with corporate, government and financial records as they seek to prove their allegations against the Vice President.