SEC: Sara Duterte stayed on private firm’s board as VP

Vice President Sara Duterte remained listed as a director of a private corporation from 2022 to 2025, despite a constitutional prohibition against the vice president directly or indirectly participating in any business while in office, Securities and Exchange Commission (SEC) records showed.

Gerardo del Rosario, director of the SEC Company Registration and Monitoring Department, testified on the 27th day of Duterte’s impeachment trial on Monday, Sept. 21.

Del Rosario, a lawyer, confirmed corporate records showing “Sara Z. Duterte” as both a stockholder and member of the board of directors of Metro City Chow Foods Corporation throughout the period covering her vice-presidential tenure.

He appeared as a prosecution witness for Article II of the impeachment complaint, which accuses Duterte of amassing wealth disproportionate to her lawful income and of having undeclared business interests.

Private prosecutor Erwin Matib, also a lawyer, focused on the point that a seat on a corporate board is not automatic because directors are elected by shareholders.

“Sino po bang namimili ng magiging members ng board of directors?” Matib asked.

“Ang director po ay ini-elect po ng mga shareholders,” Del Rosario replied.

Matib then pointed out that Duterte continued to appear as a director in the corporation’s filings year after year.

“So may eleksyon ho? Mukhang taon-taon po may eleksyon at laging nananalo si VP Sara sa pagiging director sa kompanyang ito,” Matib said.

SEC records showed Duterte listed as a stockholder and board member of Metro City Chow Foods Corp. from 2022 through 2025, holding 500 shares in the company.

Documents presented by the prosecution put that holding at a 20% ownership stake.

Earlier corporate records also showed her as one of the company’s incorporators when it was established in 2016 and as a member of its board from 2018 onward.

“Lumalabas po dito na member po ng board of directors si Vice President Sara mula 2022 hanggang 2025. Kelan po na-elect na vice president si respondent Sara Duterte?” Matib asked.

Duterte’s term as vice president officially began on June 30, 2022.

The SEC had previously confirmed that Duterte’s name appeared in Metro City Chow Foods Corp.’s General Information Sheets as both a stockholder and board member from 2022 to 2025.

Matib then asked Del Rosario about the constitutional restrictions applicable to a sitting vice president who remains involved in a private corporation.

Del Rosario cited Article VII, Section 13 of the 1987 Constitution, which imposes stricter restrictions on the president, vice president, Cabinet members, and their deputies and assistants during their tenure.

These include a prohibition against directly or indirectly participating in any business and a requirement to strictly avoid conflicts of interest.

The Supreme Court has described the restrictions under Article VII, Section 13 as “sweeping, all-embracing prohibitions,” saying the Constitution deliberately imposed stricter limitations on the president and other top executive officials because of the powers entrusted to them.

Del Rosario said the SEC has not concluded on its own whether Duterte violated the Constitution, adding that the question is for the Senate to decide.

Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, separately requires public officials to avoid conflicts of interest.

When a conflict arises, the law requires an official to resign from a position in a private business enterprise within 30 days from assumption of office and/or divest shareholdings or interests within 60 days.