The Securities and Exchange Commission (SEC) has not determined whether Vice President Sara Duterte violated the Constitution by remaining on the board of a private company while in office, an SEC official told the Senate impeachment court on Monday.

SEC Company Registration and Monitoring Department Director Gerardo Del Rosario said corporate filings showed Duterte remained a director of Metro City Chow Foods Corp. during her vice presidency, with records from 2022 through 2025 continuing to list her in the position.

Del Rosario also confirmed that Duterte was listed as a member of the company's compensation committee, prompting questions from Senate President Sherwin Gatchalian on whether her corporate roles amounted to prohibited participation in business.

"Ang sinasabi po kasi ay 'wag kang magkaroon ng ibang opisina, you should not hold office, employment, and engage in other profession during the term of office, even to participate," he said.

"Siguro po it's the Senate po ang bahalang maghusga kung talagang meron violation," Del Rosario added.

When Gatchalian later asked Del Rosario whether Duterte's membership in the compensation committee indicated "direct participation" in the corporation's management, the SEC official referred to the company's corporate secretary's report.

Gatchalian then pointed to the constitutional restriction. "Kasi nakasulat ho dito bawal po 'yung participate in any business," he said. 

"Opo," Del Rosario replied. He clarified that the SEC had not investigated Duterte's corporate positions as a possible constitutional violation, saying the agency's records reflected corporate filings rather than a determination of a public official's liability under the Constitution.

Former Sandiganbayan Presiding Justice Amparo Cabotaje-Tang had earlier told the impeachment court that Article VII, Section 13 of the 1987 Constitution prohibits the president and vice president from directly or indirectly participating in business while in office.

The provision also prohibits them from directly or indirectly practicing another profession, participating in any business or having a financial interest in government contracts, franchises or special privileges.