September 9, 2024 | 5:09pm
MANILA, Philippines — There is a legal quandary brewing as to who should take custody of former Bamban, Tarlac Mayor Alice Guo, with the Senate Majority Leader arguing that the case in the Tarlac court was filed incorrectly.
Tolentino said that the court in Capas, Tarlac is the venue where the case was filed.
According to Republic Act 10660 or the Act strengthening further the functional and structural organization of the Sandiganbayan, once the Ombudsman files a case, it has to be outside the judicial region where the municipal mayor holds office. Tolentino said that the case was filed in Capas, which is in Regional Trial Court region III, the same jurisdiction as Bamban.
“In effect, it is a violation of Republic Act 10660,” Tolentino said.
However, the law does not specify where it would be filled. Tolentino pointed out that a Circular 2112012019 from the Office of the Court Administrator says that cases related to 10660 should be filed in the nearest RTC in the next judicial region.
“Within three days of the filing of the case, where the accused or one of the accused is a public official, when the case was filed she was still a mayor, the case will be forwarded to the nearest RTC of the nearest judicial region, from the judicial region where the official holds office,” Tolentino read.
Tolentino said that this was to avoid influence from the local official.
The Senate Majority Leader drew up a map. The next option would have been Region I, which is Urdaneta City in Pangasinan. However, Tolentino said that Sual, Pangasinan Mayor Liseldo Calugay has already been tagged in the Guo mess, so there may be influence there.
The second option would be Region II, in Santa Fe, but that would be too far from Capas.
“The nearest is Valenzuela City, Metro Manila, which is 95 to 100 kilometers away from Capas,” Tolentino said in a mix of English and Filipino.
The senator said that the Capas court appears to have made a mistake. The case in Capas was filed on September 5, which means that three days have already lapsed.
“There is only one remaining warrant of arrest that is valid, the warrant of arrest coming from the Senate,” he said.
The Senate is now the only one with the right to issue a directive as to where Guo should be detained. He pointed out that it was the arrest warrant in Senate that was brought to Indonesia to arrest Guo.
Tolentino instructed the Committee on Women, Children, Family Relations and Gender Equality Chair Sen. Risa Hontiveros to write to the Capas Court.
Hontiveros said that she agrees with Tolentino. While Guo has been cited in contempt, Hontiveros said that Guo will remain in police custody, but once she has posted bail, she will be turned over to the Senate.
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