“UNCONSTITUTIONAL.”

This is how Manila Representative Joel Chua, chairman of the House Committee on Good Government and Public Accountability, described the role as legal counsel played by Vice President Sara Duterte to her detained chief-of-staff.

Duterte’s claim of acting as legal counsel for Atty. Zuleika Lopez, is a clear violation of the 1987 Constitution, according to Chua.

The Constitution explicitly bars the President, Vice President, and Cabinet members from practicing any profession while in office.

“Alam ninyo po sa ating Saligang Batas, ang Presidente po, ang Bise Presidente po, at mga miyembro ng Gabinete ay hindi ina-allow na mag-practice ng kanilang propesyon,” Chua said.

“Kaya hindi ko alam kung ano ang legal basis ng ating Vice President para sabihin niya na siya ang nag-i-stand as legal counsel of Atty. Lopez,” he added.

The controversy began after Duterte tried to block the transfer of Lopez from the House of Representatives detention facility to the Correctional Institution for Women in Mandaluyong City.

Duterte claimed to act as Lopez’s legal counsel to prevent the transfer, raising immediate constitutional questions.

Lopez had been detained on November 20 after being cited in contempt by the committee for “undue interference” in its investigation into the alleged misuse of P612.5 million in confidential funds under the Office of the Vice President and the Department of Education (DepEd), which Duterte oversaw as Vice President and concurrent Secretary.

Chua cited Section 13, Article VII of the 1987 Constitution, which states: “The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly practice any other profession.”

AUTHOR PROFILE

Jester P. Manalastas