(UPDATED) The National Bureau of Investigation (NBI) is set to file criminal charges on Tuesday, August 27 against Shiela Guo, a sister of former Bamban, Tarlac Mayor Alice Guo, and Cassandra Li Ong, representative of Lucky South 99 POGO.

They are facing criminal complaints for violation of Philippine immigration laws and obstruction of justice, according to Department of Justice spokesperson Assistant Secretary Mico Clavano.

NBI Director Jaime Santiago said in press conference that fingerprint analysis showed that Shiela Guo and Chinese national Zhang Mier are the same person.

“There was a comparative fingerprint analysis, between…Shiela L. Guo at isang Zhang Mier comparative fingerprint analysis shows that the Chinese Zhang Mier and Shiela L. Guo are one and the same person..so iisa yun, we can conclude na si Shiela KL. Guo na nasa amin ngayon ay isang Chinese,” Santiago said.

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According to Bureau of Immigration Commissioner Norman Tansingco, Guo underwent inquest on Thursday night for misrepresenting herself as a Filipino citizen.

Tansingco said aside from acquiring Philippine passport, Guo also has Chinese passport.

“We already conducted inquest on Shiela Guo for immigration violation and the charge is on the misrepresentation as a Filipino citizen - fraudulently acquired PH passport because meron siyang Chinese passport,” Tansingco said.

Guo and Ong on Friday alaso underwent inquest at the National Bureau of Investigation headquarters in Quezon City.

Government prosecutors went to the NBI where they conducted the inquest proceedings.

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“This is the first time na lahat sabay-sabay, may order of arrest ang House, may order of arrest ang Senado. Meron din kaming reason to take custody and to charge them in several crimes… once may request na ang House, ang Senado na may hearing sila - thats the time that we will comply,”  Clavano said.

Lawyer Ferdinand Topacio, the legal counsel of Ong, questioned the NBI for taking the custody of his client.

“Dapat yan, holiday may court na naka-duty kaso mo hindi nga matino. Sabi ko i-turnover n’yo sa Senate, dapat yan tinurnover nyo sa House walang problema. Still arbitrary detention, eh kumbaga sa kuwan eh sa presinto na sila magpaliwanag,” Topacio told the media.

But according to NBI and the DOJ, this is the normal process and there should be no question on Guo and Ong’s custody.  

“There is a warrant of arrest issued, inilabas yang warrant of arrest to all law enforcement at isa kami dun, pag naaresto namin yung pinapahanap ng korte, ipo-process namin…take custody muna kami. Isosoli namin ang warrant, nakuha na namin ang pinapahanap n’yo. Ganon po ang normal na process,” NBI Director Jaime Santiago explained.  

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“This is the first time na lahat sabay-sabay, may order of arrest ang House, may order of arrest ang Senado. Meron din kaming reason to take custody and to charge them in several crimes. Once may request na ang House, ang Senado na may hearing sila - that's the time that we will comply,”  Clavano added.

The NBI said the complaints against the two are bailable offenses but since they are facing arrest warrants from the House and the Senate, even if they could post bail after the holiday, they will be arrested immediately and will be turned over to the Senate custody.

“Let me clarify, remember that we are holding them by virtue of a warrant issued by Senate and Congress - hindi ordinary court where they can request to post bail immediately kahit holiday. So hindi natin malaman kung papano sila magbe-bail,” Santiago said.

Meanwhile, the Senate is prepared to receive Guo and Ong, Senate spokesperson Atty. Arnel Jose S. Bañas said.

In a press release, Bañas said the hearing will be conducted by the Senate Committee on Justice and Human Rights chaired by Senate Minority Leader Aquilino Pimentel III as the primary committee and the Committee on Women, Children, Family Relations and Gender Equality led by Senate Deputy Minority Leader Risa Hontiveros and the Senate Committee on Public Services chaired by Senator Raffy Tulfo.

The panel will tackle the privilege speech urging the DFA to cancel Alice Guo’s passport.

Bañas said Senate Sergeant-at-Arms Roberto Ancan said the NBI has assured the Senate that the duo will be made available for the hearings and will be responsible for bringing them to and from the Senate.

"Guo and Ong will be turned over to the Senate after the inquest proceedings. The Senate is looking forward to their presence in the proceedings. The hearings will provide an opportunity for Guo and Ong to present their statement and contribute to the ongoing discussions and investigation. Further updates will be issued as they develop," Bañas said.