MANILA, Philippines — Dismissed Bamban Mayor Alice Guo, also known as Guo Hua Ping, cannot be brought to the Senate by the Philippine National Police (PNP) if there is no proper court order.
PNP Spokesperson Col. Jean Fajardo said this in a press briefing on Friday when she was asked what the arrangements would be to have Guo appear in the Senate, including the hearing on Monday.
“Ito po yung predicament ng PNP (This is the predicament of PNP), if you can say that as a predicament because we cannot bring Alice Guo on Monday in the Senate without a proper court order,” Fajardo said.
Fajardo noted that the Senate should follow a process to bring Guo into the Senate.
“The process should be Senate Sergeant-at-Arms should request the court to direct PNP to bring Alice Guo before the Senate so she could face the ongoing hearings,” Fajardo added.
Senator Risa Hontiveros on Friday insisted that Guo should be detained in the Senate since it was the upper chamber that triggered the manhunt of the dismissed mayor.
READ: Hontiveros demands Senate detention for Alice Guo
“Ginagalang ko ang karapatan ng judiciary na mag labas ng warrant, pero ang Senado ang may pinaka-unang arrest warrant laban sa kanya. Ang Senado ang nag-trigger ng manhunt. Senate warrant ang bitbit ng ating law enforcement sa Jakarta,” said Hontiveros in a statement.
(I respect the judiciary’s right to issue a warrant, but the Senate first issued an arrest order against her. The Senate triggered the manhunt. Our law enforcement in Jakarta brought the Senate warrant to Jakarta.)
The senator also questioned the issuance of an arrest warrant of the Tarlac Regional Trial Court (RTC), citing a Supreme Court ruling that criminal cases against municipal mayors fall within the exclusive jurisdiction of the Sandiganbayan.
When asked to comment on Hontiveros’ statement on questioning the developments of Guo’s arrest, Fajardo said that while she respects the senator’s perspective, they have to follow certain measures.
Fajardo shared that the initial plan of PNP, after Guo’s custody was turned over from Indonesia, was to serve the arrest order of the Senate. The Senate previously issued an arrest order against Guo for skipping multiple probes into her alleged ties with illegal Pogos (Philippine Offshore Gaming Operators).
“Ang PNP, kasama ng ibang law enforcement agencies, ang naatasan po na isilbi po ‘yan at ‘yan po sana ang initial plan ng PNP kahapon na kapag naitransfer o naiturn over ang custody ni Alice Guo ay ise-serve po sana ng Senate Sergeant-at-arms ‘yong arrest order,” she said.
(The PNP and other law enforcement agencies are tasked to serve that [order] and that was the initial plan of PNP yesterday that after Alice Guo was transferred or her custody was turned over, the Senate Sergeant-at-Arms would serve her arrest order.)
READ: PNP to turn over Alice Guo to Senate upon her return to PH
However, Fajardo explained that the arrest warrant issued by the RTC Branch 109 against Guo on Thursday for violating provisions of the Anti-Graft and Corrupt Practices Act takes “precedence” before the Senate’s arrest order.
“With due respect sa ating senadora, ‘yong warrant of arrest issued by our judicial court takes precedence over the arrest order issued by the Senate. Since nai-serve po sa kanya ‘yong warrant of arrest, the PNP as a matter of procedure is obligated to return the warrant of arrest before the court,” she noted.
(With due respect to our senator, the warrant of arrest issued by our judicial court takes precedence over the arrest order issued by the Senate. Since the arrest warrant was served to her, the PNP as a matter of procedure is obligated to return the warrant of arrest before the court.)
Meanwhile, the police spokesperson said that the Senate should request a court order every time they ask Guo to attend their hearings.
Guo, who also has pending human trafficking charges and other complaints, was brought back to the country early Friday after being arrested by Indonesian authorities on Wednesday.