Comelec studying election offense case vs. Guo

Suspended Bamban, Tarlac Mayor Alice Guo during a Senate hearing. (Photo courtesy of Senate of the Philippines)

By Brian Jules Campued

The Commission on Elections (Comelec) on Monday said that it is now looking into the filing of an election offense case against suspended Bamban, Tarlac Mayor Alice Guo, following the recent finding of the National Bureau of Investigation (NBI) regarding the fingerprint matching of Guo and of a Chinese national named Guo Hua Ping.

Comelec Chairperson George Erwin Garcia said he has ordered the election body’s law department to study the pieces of evidence relating to Guo, as they wait for the report of the Senate’s probe as well as the quo warranto petition to be filed by the Office of the Solicitor (OSG) General against the mayor.

“Napakaganda rin talaga na mahintay namin ’yong mismong report ng committee ng ating Senado kung ano ba ang mga nakita nilang ebidensiya mula sa iba’t ibang opisina,” Garcia said.

However, the Comelec said the embattled mayor may still run in the upcoming 2025 elections unless there would be a “final judgment” on her charges.

Garcia cited that according to Section 68 of the Omnibus Election Code, any candidate found guilty by court or by the Commission on several grounds for disqualification and thereby declared final decision, would be barred from running for or holding an elective post.

He also said an election offense has a five-year prescriptive period.

“Kung 2022 po ‘yung mismong eleksiyon, wala pa pong limang taon. Therefore, may jurisdiction pa kami na maghain ng kaso,” the Comelec chief said.

Meanwhile the Office of the Solicitor General (OSG) said it intends to file the first petition for quo warranto against suspended Bamban, Tarlac Mayor Alice Guo this week, adding that the government “has a good case” although no assurances were given.

“We are just waiting for certified copies of our evidence,” Solicitor General Menardo Guevarra said.

Based on the Rules of Procedure for Municipal Election, the Supreme Court said the petition for quo warranto against an elective official must be filed with the Regional Trial Court (RTC) which has jurisdiction over the official’s municipality.

Once the case is filed before the court, the executive judge would raffle the case to assign which RTC would handle the election protests and petitions for quo warranto.

Last week, the Office of Sen. Risa Hontiveros also released a copy of the comparative examination of the fingerprints of “Alice Leal Guo” and “Guo Hua Ping”, indicating their fingerprints were “identical” and “affixed by one and the same person”.

The next Senate probe into the raided Philippine Offshore Gaming Operator (POGO) hub in Bamban where Guo was linked, is scheduled on July 10. (with report from Denisse Osorio and Louisa Erispe/PTV News)

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