A constitutional question took center stage during the September 14, 2026 impeachment proceedings involving Vice President Sara Duterte: How broad is the prohibition against the President and Vice President participating in business while holding office?
During the proceedings, Presiding Officer Sen. Francis “Chiz” Escudero questioned retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang, who appeared as an expert witness, about the meaning of the phrase “participate in any business” under Article VII, Section 13 of the 1987 Philippine Constitution.
The provision states, in part, that the President, Vice President, members of the Cabinet and their deputies or assistants shall not, during their tenure, “directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government.”
One of the issues raised was whether “participation” refers only to actively managing or operating a business—or whether ownership, shareholdings and other financial interests may also fall within the constitutional restriction.
Cabotaje-Tang explained during her testimony that participation could be direct or indirect and discussed circumstances involving ownership of shares and positions as a corporate director or officer. She also addressed Escudero’s questions concerning whether divestment may be required even when the business interest involved is relatively small.
The exchange highlights an important constitutional issue: the restrictions placed on the country’s highest executive officials are intended to address potential conflicts between public duties and private financial interests.
The discussion formed part of the ongoing impeachment proceedings. Testimony and arguments presented during a trial should not by themselves be treated as a final determination of liability; that determination rests with the impeachment court under the applicable constitutional process.
For readers, the key question remains: Where should the constitutional line be drawn between simply owning an interest in a business and actually “participating” in that business?
Source: Proceedings of the Senate Impeachment Court, September 14, 2026.
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