Commission on Elections (Comelec) Chairman George Garcia speaks to members of the media on Thursday, August 22, 2024. Dianne Sampang/INQUIRER.net
MANILA, Philippines — Former mayor Alice Guo has not filed her counter-affidavit after a subpoena was issued against her over material misrepresentation, Commission on Elections (Comelec) Chairman George Garcia said Thursday.
“Hanggang sa kasalukuyan, wala pa pong pumupunta sa amin, abogado man o si mismong Mayor Alice upang magfile ng kanyang counter affidavit,” said Garcia in an ambush interview.
(Up to the present, no lawyer or Mayor Alice herself had gone to us to present a counter affidavit.)
According to Garcia, the 10th and last day for Guo to file her affidavit is supposed to be on August 23, Friday. However, since it falls on a holiday, the next succeeding working day will be the deadline.
“Nagkataon na ang August 23 ay declared na holiday, kaya ang sabi po ng batas, ‘yong next succeeding working day. Nagkataon po na ‘yong August 26 ay declared din na holiday kaya ang final date po ng submission ay August 27,” he explained.
(It just so happened that August 23 is declared a holiday, that’s why the law says that it will be on the succeeding working day. August 26 happened to be declared a holiday too, that’s why the final date of submission is on August 27.)
The poll body issued a subpoena against Guo on August 13 for alleged material misrepresentation in her certificate of candidacy in the 2022 elections. This developed after the Comelec en banc unanimously approved the recommendation of its Law Department to file raps against Guo for misrepresentation.
READ: Comelec issues subpoena vs Alice Guo for material misrepresentation
Assistant Regional Election Director for Comelec Region III Atty. Elmo Duque confirmed last Tuesday that Guo was not in her residence when they attempted to serve the subpoena so it was received by a “competent office” in the office of the current acting mayor of Bamban town.
Meanwhile, Garcia said that whether Guo will file her subpoena response or not, the Law Department will have a corresponding action.
“Maghihintay po kami sapagkat kikilos ang Law Department namin base sa nagsubmit ba o hindi, in either case, kung nagsubmit o hindi, mayroon pong corresponding action na gagawin ang law department. At kinakailangan na yung action na yan, ay maipadala sa Comelec en banc upang mapag usapan namin yung final na recommendation ng aming Law Department,” he noted.
(We will wait because our Law Department will move accordingly whether she submitted or not. The Law Department will have a corresponding action. And that action needs to be presented to the Comelec en banc so we can discuss the final recommendation from our Law Department.)
READ: Comelec to ‘immediately execute’ perpetual DQ of Alice Guo – Garcia
In a media briefing on Tuesday, Garcia said the poll body will proceed with the ongoing preliminary investigation against Guo despite reports that she already left the country.
On Monday, Senator Risa Hontiveros disclosed that Guo left the country on July 18 using her Philippine passport. She then reportedly flew to Singapore with Shiela Guo and Wesley Guo on July 21.
Department of Justice Secretary Jesus Crispin Remulla also confirmed on Thursday that Guo’s sister, Shiela, and her business associate, Cassandra Ong, were arrested in Indonesia.
Sheila Guo and Ong returned to the country late Thursday afternoon.