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Comelec extends deadline again for Guo's reply in misrepresentation case

Comelec extends deadline again for Guo's reply in misrepresentation case

Sherrie Ann Torres,

ABS-CBN News

 | 

Updated Sep 10, 2024 03:06 PM PHT

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Dismissed mayor of Bamban, Tarlac, Alice Guo attends the senate hearing called by the Committee on Women, Children, Family Relations and Gender Equality on September 9, 2024. Mark Demayo, ABS-CBN News

MANILA — The Commission on Elections has granted the appeal of dismissed Bamban mayor Alice Guo to extend for a second time her submission of a counter-affidavit regarding the misrepresentation complaint lodged against her.

Comelec Chairman George Erwin Garcia announced this when interviewed by Teleradyo Serbisyo Tuesday, which was in response to the letter submitted to the agency by Guo’s camp via courier service.

“Natanong po natin ang ating Law Department at minarapat po nila na bigyan ng 10 araw na palugit pa para makapag-file ng Counter-Affidavit. Tutal naman ito ay kanilang diskresyon, sapagkat sila ang nagko-conduct ng preliminary investigation. Hindi na po natin ito pinigilan,” Garcia said.

(We asked our Law Department and they decided to extend Guo’s deadline for another 10 days for her to submit her Counter-Affidavit)

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“Totoo rin naman na kung ii-insist natin na mag-file na dapat kaagad ng Counter-Affidavit tapos kakadating lamang kakaaresto lamang, talaga namang hindi makakapag-file ng Counter-Affidavit at sasabihing na-violate ang due process nung respondent,” he added.

(We may be accused of violating the right to due process of the respondent if we will insist that she file her Counter-Affidavit immediately)

That 10-day grace period will be based on calendar days except for Saturday and Sunday and if ever there will be a sudden work cancellation again, Garcia said.

That means that the new deadline for the submission will be September 12, Garcia said.

“Kung sakali po after ng September 12, magkakaroon na ng desisyon ang Law Department namin. Asahan nyo po bago mag-20 ng September magkakaroon na ng desisyon ang COMELEC en Banc dun sa magiging rekomendasyon ng Law Department, kung ia-adopt namin o hindi,” Garcia assured the public.

(After September 12, the Law Department will submit its decision and before September 20 the COMELEC en Banc will decide on the recommendation of the Law Department)

Since Guo is already here, the Comelec doesn’t see any reason why the ex-mayor cannot file her Counter-Affidavit, the official said.

The Comelec's decision was in response to the submitted appeal of Guo's legal counsel, which sought for the September 1, 2024 deadline for the ex-mayor to submit her Counter-Affidavit to be extended to September 16, 2024.

"On 22 August 2024, the undersigned requested for an additional period of ten (10) days or until 01 September 2024 within which to file her Counter-Affidavit. However, to be candid, the undersigned is having difficulty communicating with Respondent. Hence, the final draft of her Counter-Affidavit is still pending signature and verification," the letter signed by Atty Nicole Rose Margaret D. Jamilla, stated.

"Hence, Respondent is constrained to ask this Honorable Commission for an additional period of fifteen (15) days from 01 September 2024, or until 16 September 2024, within which to file the required Counter-Affidavit," Guo's camp added.

The COMELEC initially set August 23, 2024 as deadline for Guo to submit her Counter-Affidavit to the Commision, but it was extended to September 1, 2024 upon the request of the ex-mayor's legal counsel.

Atty. Maria Norina Tangaro-Casingal, who also received a copy of Guo's second motion, heads the COMELEC Law Department.


PERSONAL APPEARANCE


For Garcia, the filing would require the personal appearance of Guo before the Comelec so she can swear on her Counter-Affidavit.

It will be up to Guo’s lawyers to seek court clearance so the ex-official can appear before the Comelec.

But at the end of the day, the Comelec en banc will also weigh the recent unwarranted travel to Malaysia and Indonesia of Guo which happened amid all the ongoing investigations against her, the official said.

“Isa rin ang puntong yan sa titingnan ko. Sapagkat para sa akin, ang pinaka-importante lagi dito yung good faith. Talaga bang may intention ka na mag-file ng Counter-Affidavit at hindi mo nilalansi ang mismong nagi-imbestiga,” Garcia pointed out.

(I will also look into that, because it’s really important to see good faith. Was there really an intention to file a Counter-Affidavit)

In the event that the Comelec en banc does not see legal bearing on Guo’s would-be arguments, an “information” will be filed before the court against the ex-mayor, Garcia said.

Punishment for this is one to two years of imprisonment and perpetual disqualification to hold public office.

Perjury can also be filed by the fiscal or any concerned individual in court, Garcia said.

Guo’s camp has received the order extending the deadline, said her lawyer Nicole Rose Margaret. 

  

“We are working on it and we will file the Counter-affidavit within the deadline,” Jamilla told ABS-CBN News in a text message.






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