Pimentel: Calida not required by Constitution to divest from family’s firms

Solicitor General Jose Calida is not required by the Constitution to divest his interest in his family-owned security firm that bagged multimillion peso government contracts, Senator Aquilino “Koko” Pimentel III said on Thursday.

Pimentel said Calida, who admitted that he has not divested from his family’s security firm, is not a Cabinet member, therefore the requirement to divest does not apply to him.

“Ang requirement to divest ay sa taas, sa Cabinet member. Hindi siya Cabinet member so wala siyang requirement to divest,” Pimentel told reporters at the Senate.

The Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) requires public officials and employees to resign from their posts and/or divest in private corporations before joining the government.

Calida’s Vigilant Investigative and Security Agency, Inc. (Visai) reportedly snared P 260 million worth of security contracts from various government agencies including the Department of Justice.

The former Senate president said it is the Secretary of Justice, not Calida, who is part of the President’s Cabinet.

“As far as I can recall, the requirement to divest is when you join the Cabinet, kapag ikaw ay department secretary,” Pimentel said, citing the Constitution.

Pimentel, an ally of President Rodrigo Duterte, said the firing of Calida would be the chief executive’s decision.

“Wala namang vow of poverty kapag sumali ka sa gobyerno, wala ka talagang investment. Hindi pwede yun,” Pimentel said.

However, the senator said if the solicitor general’s critics can prove that he used influence so Visai can secure government contracts, Calida could be held liable for his actions.

“Ipakita na lang ng mga nagreklamo. Kasi ako sumasagot lang ako on the basis of the Constitution,” Pimentel said.

“Ginamit ang influence, may violation doon and if ang assumption ay may kontrata ka sa ahensiyang under you,” he added.

Asked if the releasing of the contracts in question could help dismiss the allegations of conflict of interest, Pimentel said “it would help, let them sort it out.”

“Hindi naman siya ang security guard ah,” Pimentel said in jest./vvp