DOJ: Marriages officiated by dismissed mayor Alice Guo remain valid
SILENT TREATMENT: Dismissed Bamban Mayor Alice Leal Guo (real name: Guo Hua Ping) invokes her right to remain silent during a public hearing conducted by the Committee of Women, Children, Family Relations and Gender Equality on the alleged illegal activities of Philippine Offshore Gaming Operator (POGO) hubs in Pampanga and Tarlac on Tuesday, September 17, 2024. (Senate Public Relations and Information Bureau)
MANILA, Philippines — The marriages officiated by dismissed Bamban, Tarlac mayor Alice Guo (real name: Guo Hua Ping) remain valid, Justice Undersecretary Nicholas Ty said on Tuesday.
Questions on the validity of marriages officiated by Guo arise during the House of Representatives plenary debate on the Philippine Statistics Authority’s proposed 2025 budget on Monday night.
READ: Ombudsman orders dismissal of Alice Guo over Pogo links
READ: Alice Guo’s quo warranto case not affected by order to dismiss her – OSG
In an ambush interview on Tuesday, Ty said those marriages remain valid.
Article continues after this advertisement“‘Yung mga kinasal ni Alice Guo noong panahon na mayor pa siya, tingin namin puwede sila umasa sa doctrine of operative fact,” he said.
Article continues after this advertisement(Those who were married by Alice Guo during her time as mayor, we believe they can rely on the doctrine of operative fact.)
The doctrine of operative fact “recognizes the existence and validity of a legal provision prior to its being declared as unconstitutional and hence legitimizes otherwise invalid acts done pursuant thereto because of considerations of practicality and fairness,” according to the Supreme Court.
“In other words, hiwalay ‘yung authority, hiwalay ‘yung effect,” Ty explained.
(In other words, authority is separate from effect.)
Last August, the Office of the Ombudsman ordered the dismissal of Guo following investigations into her alleged connections with an illegal Philippine offshore gaming operator hub in Bamban.
The Office of the Ombudsman said Guo was found guilty of grave misconduct, which merited “dismissal from service with forfeiture of all her retirement benefits and perpetual disqualification to re-enter government service.”
Guo served as mayor of Bamban town from June 2022 to August 2024.
