MANILA, Philippines — The legal team of embattled Bamban, Tarlac Mayor Alice Guo has petitioned the Supreme Court (SC) to annul and set aside the subpoena issued by the Senate in connection with the investigation into criminal activities involving Philippine offshore gaming operators (POGOs).
In a 78-page petition for review, Guo’s camp requested the high court to nullify the subpoena issued on July 1 by the Senate Committee on Women, Children, Family Relations, and Gender Equality, alleging that the Senate panel violated certain constitutional rights.
“Ironically, Public Respondent or the Senate Committee on Women, Children, Family Relations and Gender Equality totally, whimsically, and arbitrarily discriminates against the very institution and rights it is sworn to protect,” the petition read.
“Her Constitutionally guaranteed freedoms and rights have been repeatedly violated, ignored, and/or disregarded,” it added.
On Wednesday, the Senate panel, chaired by Sen. Risa Hontiveros, cited Guo in contempt after she failed to appear at the committee’s inquiry into alleged criminal activities within the POGO industry.
Hontiveros ruled to cite Guo and others in contempt following separate motions by Senate President Pro Tempore Jinggoy Estrada and Sen. Sherwin Gatchalian.
Hontiveros also ruled to issue a warrant of arrest against Guo, which would need the Senate president’s signature to take effect.
Aside from the nullification of the Senate order, Guo’s camp also asked the high court to issue a temporary restraining order or a writ of preliminary injunction to compel the Senate panel to desist from further inviting her as a “resource person.”
Guo’s camp argued that Hontiveros violated the mayor’s right to due process as she was allegedly not allowed to explain herself.
“However, a careful perusal of the transcript of stenographic notes during the May 7, 2024 and May 22, 2024 show that several violations of Petitioner’s right to due process were committed. One, she was invited as a resource person to discuss ‘what she knows’ but in reality, she was never afforded any opportunity to sufficiently explain her side whenever a certain issue was raised. Two, although she was being asked questions relative to the issues against her, her side of the story was never considered for she was already branded, called and concluded to be a ‘liar’, ‘spy’, and ‘POGO operator’. This is highly evident in the opening remarks of the committee chairperson in one of the public hearings,” the petition read.
It should be noted, however, that Hontiveros has sent invitations to Guo and her family members to attend the Senate inquiry.
Guo missed the June 26 hearing due to health reasons, according to her legal counsel.
The hearing was set to take place after the Presidential Anti-Organized Crime Commission and the Philippine National Police filed non-bailable trafficking charges against the suspended mayor.
Guo’s camp argued that legislative inquiries do not have the power to “delve and reach to private affairs of the citizens.”
They added that the Senate panel’s questions focused on her private life rather than her public post.
“Her childhood was repeatedly challenged, even her ability to speak another language was questioned, and worst, her birthright was invalidated,” the petition read.
“Here, (the) petitioner never consented to the release of her private data and information to the public outside the committee hearing. Yet, the respondent committee members openly discussed and showed her personal data and information to the media during a series of press conferences as if they were the owners of this sensitive information without regard to violation of data privacy,” it added.
Guo’s team emphasized that determining criminal liability is a function of the courts or prosecutorial bodies, not the Senate.
“The determination of who is/are liable for a crime or illegal activity, the investigation of the role played by each official, the determination of who should be haled to court for prosecution and the task of coming up with conclusions and finding of facts regarding anomalies, especially the determination of criminal guilt, are not functions of the Senate,” the petition read.
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