MANILA, Philippines — The Commission on Elections (Comelec) has approved the recommendation of its law department to file an election code complaint against suspended Bamban, Tarlac Mayor Alice Guo.
Besides filing a material representation case, Comelec chairman George Garcia said on Tuesday that the poll body’s en banc also agreed order a preliminary investigation of the case.
The complaint stemmed from a fact-finding investigation conducted earlier by the Comelec’s law department regarding Guo’s mayoral candidacy, which may potentially violate Section 74 in relation to Section 262 of the Omnibus Election Code.
Section 74 of the code states that a candidate must use their baptized name or, if not baptized, the name registered with the local civil registrar, unless they have legally changed their name through a court-approved process.
Garcia also said that Guo would be given a chance to explain her side.
In June, the National Bureau of Investigation confirmed that the fingerprints of Guo matched those of Chinese citizen Guo Hua Ping.
When asked if the embattled mayor can still file for candidacy in the next elections, Garcia stated that the Comelec must accept all candidacy filings.
Citing the Omnibus Election Code, the poll body’s chief said the Comelec must accept all the certificates of candidacies unless a court has ruled “with finality” that the aspiring candidate has been guilty of violating election laws.
“Whether the candidate’s name remains on the ballot depends on any filed cases against the candidate or if Comelec itself decides to remove the name due to ineligibility,” Garcia said in an ambush interview in Filipino.
On July 5, the Office of the Solicitor General (OSG) filed a petition before a Tarlac court to cancel Guo’s certificate of live birth. Weeks later, the OSG filed a quo warranto petition against Guo to formally remove her from office.
The OSG requested Guo’s removal from public office, stating that she is “unlawfully holding the position and illegally performing the duties and responsibilities of the mayor of Bamban, Tarlac.”
Still a no-show
The suspended mayor still did not show up at the preliminary investigation for the trafficking in person case filed against her before the Department of Justice.
This waives the rights of Guo and three other Chinese incorporators of Baofu Land Development Inc. to answer the charges against them as they did not file their counter-affidavits, Justice Assistant Secretary Mico Clavano said.
“It was decided by the panel of prosecutors not to give them anymore another chance or another extension,” Clavano said in an interview with reporters.
However, the other co-accused, including former Technology and Livelihood Resource Center chief Dennis Cunanan and the two Chinese nationals were given a 10-day extension to file their responses to the case.
This makes the deadline for Cunanan and the other accused to August 10.
If found guilty, Guo and the others accused could face life imprisonment and fines between P2 million and P5 million.
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