Bamban, Tarlac Mayor Alice Guo in a Senate hearing in Pasay City on May 22, 2024. Mark Demayo, ABS-CBN News 

MANILA -- The Commission on Elections en banc on Tuesday said it approved a panel's recommendation to file a criminal complaint against suspended Bamban, Tarlac Mayor Alice Guo for alleged violation of the Omnibus Election Code linked to her questionable candidacy in 2021. 

Comelec Chairman George Garcia said this stemmed from Guo’s material misrepresentation when she filed her certificate of candidacy for mayor.  

The mayor's fingerprints in her voter's registration matched with that of Chinese national Guo Hua Ping, he earlier said. 

"Inadopt po ng en banc, ibig sabihin unanimous yung recommendation ng aming Law Department na mag-file ng formal complaint laban kay Mayor Alice Guo/Guo Hua Ping and therefore pinapasimula po yung pagko-conduct ng preliminary investigation patungkol sa kanya," Garcia told reporters. 

“Asahan n’yo po na gugulong na yung proseso at magkakaroon naman ng pagkakataon yung respondent na sumagot sa mga akusasyon, alegasyon patungkol sa sa kanya,” he added. 

FACT-FINDING INVESTIGATION

In a memorandum dated Aug. 6, 2024, the Comelec directed its law department to "file a motu proprio complaint and conduct a Preliminary Investigation against Mayor Alice Leal Guo/Guo Hua Ping y Lin for material misrepresentation.” 

“Ngayon kasi available na yung resolution, puwede na po ipatupad yan kaagad ng aming Law Department. Ang susunod na po diyan ay puwede nang mag-issue ng subpoena upang mai-serve sa respondent at kaagad na mapasagot siya doon sa akusasyon sa kanya na siya ay nag-commit ng material misrepresentation base sa bayolasyon sa Omnibus Election Code,” Garcia said.

He said Guo has an option to skip the preliminary probe, but she cannot ignore the whole investigation process of the Commission.

“Option naman po yan ng isang respondent sa isang kasong kriminal, dumalo o hindi dumalo… Kaya lang siyempre sa isang banda, magandang sumasagot, baka nga naman mali yung inaakusa laban sa kanya. Siyempre yung hindi pagsagot, hindi naman puwedeng habang panahon na maantala ang ginagawa ng Commission on Election,” Garcia said.  

Garcia noted that material misrepresentation is punishable with 1 to 6 years of imprisonment under the Omnibus Election Code.

He said a respondent is usually given 5 to 10 days to file his or her counter-affidavit, but the Commission’s Law Department has to first serve the subpoena to give respondents a chance to explain their side.

Guo has maintained that she is a Filipino, following Senate hearings on her alleged involvement in Philippine Offshore Gaming Operations (POGO).

Hontiveros questions nationality of Bamban mayor linked to POGOs
CA freezes assets of Alice Guo, others in illegal POGOs

The Senate issued a warrant of arrest against Guo after she failed to attend several hearings.

'Get your acts together': Senator gives NBI, PNP 'ultimatum' to arrest Alice Guo

CAN GUO STILL RUN IN NEXT ELECTIONs?

Even after criminal charges are lodged against Guo, she can file her candidacy in the next elections, Garcia said. 

He said the Comelec has a ministerial duty to accept all the certificates of candidacy from October 1 to 8, 2024.

“Wala po kaming karapatan na mag-refuse... Lahat ng gustong mag-file, makakapag-file,” Garcia said.

Guo is likely to give up her reelection campaign in next year's midterm elections, her lawyer Stephen David said in July. 

Alice Guo 'inclined' to forgo 2025 reelection bid, says lawyer

He also said the recommendation to file a misrepresentation complaint against the mayor was "premature."

"Issue pa kasi yung validity ng birth certificate nya. So, paano sasabihin na nag-misrepresent siya na Filipino?" he had said.

‘Everything is temporary’: Alice Guo thanks people for support on birthday