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Filing of complaint vs Guo agreed
By Nidz Godino
“We have no right to refuse,” Commission on Elections (Comelec) Chairman George Garcia said, although he has assurance that Comelec will not be deterred from running after unqualified candidates even after they win elections set to start preliminary investigation that could pave way for filing of criminal charges against suspended Bamban, Tarlac Mayor Alice Guo for alleged misrepresentation.
In memorandum order, Comelec directed its law department to file motu proprio complaint and conduct preliminary investigation into Guo’s mayoralty candidacy in 2022.
Garcia said poll body’s law department would conduct preliminary investigation to determine whether Guo misrepresented herself to be qualified to run in mayoralty race despite being foreign national.
Garcia said investigation is expected to take two to three weeks, after law department will submit its findings and recommendation to Comelec en banc.
He said if commission finds probable cause, election offense charges would be filed against Guo before Tarlac Regional Trial Court.
If ever, this would be first case of misrepresentation charges to be filed by Comelec against candidate, according to Garcia.
Even if criminal complaint is filed against Guo, Garcia said Comelec still cannot prevent suspended mayor from filing her certificate of candidacy, possibly for mayoralty race next year.
Last week, Comelec law department recommended to the commission filing of complaint against Guo after fact-finding probe revealed fingerprints in her voting records and those in records of Chinese individual Guo Hua Ping in National Bureau of Investigation and Bureau of Immigration belong to the same person.
Meanwhile, human trafficking complaint lodged against Guo and others has been submitted for resolution, according to Department of Justice.
DOJ spokesman Mico Clavano said Guo and three other Chinese incorporators were not able to file their respective counter-affidavits and were no longer given another extension.
This means they have waived their right to answer allegations against them and prosecutor will resolve case based only on complaint.
“Prosecutor will resolve case on basis only of complaint because respondents failed to give their side to allegations…prosecutor will only consider complaint,” Clavano said in interview.
The DOJ official, however, said rest of respondents were able to submit their counter-affidavits.
Guo, like in two previous preliminary hearings, did not show up at DOJ.
Meanwhile, three respondents, including former Technology and Livelihood Resource Center deputy director general Dennis Cunanan, were granted extension in filing their counter-affidavits.
Clavano said among reasons for granting extension is respondents are either out of the country, have changed counsel or only recently impleaded.
Next preliminary hearing is set on Aug. 16.
Human trafficking complaint was filed in connection with raided Philippine offshore gaming operator (POGO) hub in Guo’s municipality, from where over 800 foreign nationals were rescued.
In another development, House of Representatives on Monday moved to consolidate into one big committee inquiries being undertaken by several panels in relation to illegal POGOs and extrajudicial killings in the past administration.
Senior Deputy Speaker Aurelio Gonzales Jr., represents Pampanga’s third district, said nation “is currently grappling with complex issues involving public order, proliferation of dangerous drugs and human rights violations.”
“We must address these issues in coordinated and timely manner to ensure justice and rule of law,” he said, as Reps. Joel Chua (Manila’s third district) and Patrick Michael Vargas (Quezon City’s fifth district) filed House Resolution 1843, making as one three investigating House committees.
Chua and Vargas wanted House committees on dangerous drugs, led by Surigao del Norte 2nd Norte Rep. Robert Ace Barbers; public order and safety, led by Laguna 1st District Rep. Dan Fernandez and human rights, led by Manila 6th District Rep. Benny Abante, to hold just one consolidated investigation to avoid overlapping functions.
“These individual inquiries by three committees have been persistent and yet exhaustive…still, there are issues that are interwoven, entailing scrutiny into intricate details,” Gonzales said in his privilege speech.
Batangas 2nd District Rep. Gerville Luistro then proposed House committee on public accounts of Abang Lingkod party-list Rep. Joseph Stephen Paduano, Luistro is member, be included in HR 1843 joining Barbers, Fernandez and Abante committees.
Proposals were forwarded to rules committee, led by Majority Leader Manuel Jose Dalipe.
Separate probes conducted by three separate committees “have shown overlap or commonalities on individuals or resource persons that may be invited in the hearings,” according to Gonzales.
Another panel, committee on games and amusement chaired by Cavite 6th District Rep. Antonio Ferrer, is also investigating illegal POGOs.
“Joint investigation will enable us to conduct more inclusive and thorough examination of these interlocking issues… coordinated effort will ensure our findings are comprehensive and that our legislative recommendations are practical and encompassing,” Ferrer said.
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