Kafkaesque

The prosecution has thus far made Czech-born writer Franz Kafka’s novel The Trial, written long before the impeachment proceedings against Vice President Sara Duterte, seem eerily prescient.

The novel tells the story of a man arrested and tried by a mysterious court for a crime that is never revealed. The same predicament appears to confront Duterte, who faces prosecution for alleged offenses that seem almost absurd in a nation where corruption continues to ravage public institutions.

Vice President Duterte is facing an impeachment trial centered on allegations of unexplained wealth and failure to properly declare assets in her Statements of Assets, Liabilities and Net Worth (SALN), particularly her alleged participation in business ventures.

The more the prosecution tries to link her to the family’s private investments, the more the public appears to view these ventures as legitimate income-generating activities rather than undertakings made possible by, or in exchange for, her position in government.

The prosecution argued that as vice president, Sara Duterte is prohibited from having financial interests in private businesses.

The defense, however, clarified that the Constitution forbids active participation in business management or operations, not merely holding a financial interest, especially if there is no conflict of interest.

A witness on Wednesday testified that although VP Sara had financial interests, she did not actively participate in the management or decision-making of related companies like Gencorp Industries Inc. and Metro City Chow Foods Corp.

VP Duterte is not listed as a shareholder, incorporator or officer of Gencorp, and she does not attend shareholder or board meetings nor participate in management decisions.

In Metro City Chow Foods Corp., VP Sara holds a 20-percent stake and is listed as a director and compensation committee member. Still, based on the testimony, she has not attended meetings since 2022 and is not involved in operations, decisions or financial transactions.

Defense testimony confirmed she made no capital contributions or payments toward franchise fees for various Jollibee branches under Gencorp, including Times Square, Matina Crossing, Gmall and Abriza.

The franchise belongs to the corporation and not to an individual shareholder. Hence, VP Sara’s “loose investment” has no direct operational authority or financial management role in those franchises.

VP Duterte declared her financial interests in Gencorp and Metro City Chow Foods, reinforcing transparency despite the lack of formal contracts or capital contributions.

The declaration included a “return of capital” payment from Gencorp of about P2.1 million, explained as a follow-on from a prior small investment in Davao Bounty Corp.

The defense emphasized that the cooperation and good faith in declaring these interests contrast with the prosecution’s attempt to discredit her for “handshake deals” or lack of proper documentation.

To put the specious argument in context, former Vice President Leni Robredo also declared investments and financial interests in private corporations while holding office, as reflected in her Statements of Assets, Liabilities and Net Worth.

Even President Ferdinand Marcos Jr. declared his interest in agricultural businesses.

The constitutional prohibition targets active participation or conflict of interest, not mere ownership or financial interest, supporting VP Sara’s defense.

Thus far, it has been established that her financial interests were declared and passive, with no active role in management or operations.

Where would an honest elected official earn his livelihood without putting capital in businesses? The question has always been asked of politicians who have no other sources of income and yet are among the wealthiest individuals in the country.

The charges and trial are politically motivated tactics aimed at undermining Vice President Duterte’s popularity and public trust.

Yet, much to the chagrin of her detractors, their efforts appear to slide off her like grease on Teflon.

This is not really about establishing whether the law was violated. Rather, it is about using every means at the disposal of those in power to go after a political opponent, even as the prosecution has yet to present convincing evidence to substantiate its allegations.

The senator-judges, adept at making political noise, and the bumbling prosecutors are still expected to close ranks in what critics see as an effort to carry out their overlords’ wish: To remove Vice President Duterte from the political equation.