Guo’s camp files ‘2nd motion’ for Comelec to extend deadline for counter-affidavit | ABS-CBN

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Guo’s camp files ‘2nd motion’ for Comelec to extend deadline for counter-affidavit

Guo’s camp files ‘2nd motion’ for Comelec to extend deadline for counter-affidavit

Sherrie Ann Torres,

ABS-CBN News

 | 

Updated Sep 05, 2024 09:20 PM PHT

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(2nd UPDATE) The camp of dismissed Bamban, Tarlac mayor Alice Guo is seeking a second extension to address the Commission on Elections' misrepresentation complaint against her.

The letter was forwarded to the Comelec main office via courier last August 30 by the David Buenaventura Ang and Jamilla Law Offices.

In the said letter, Guo's legal counsel appealed that the September 1, 2024 deadline for the ex-mayor to submit her counter-affidavit, 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 if her counter-affidavit is still pending signature and verification," the letter signed by Atty. Nicole Rose Margaret D. Jamilla, stated.

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"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 letter was received by the Comelec at 5:00 p.m. on September 5, 2024.

Along with the prayer was Guo's lawyer's assurance to the Commission that "this motion is being filed not for dilatory purposes but is demanded by necessity as above explained."

Sought for reaction, Comelec Chairman George Erwin Garcia said that the August 30 "date of mailing," is considered as the "date of filing," which means that Guo's camp communicated with the Commission before the September 1, 2024 extended deadline.

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.

Garcia in reaction to the Motion also said that: "We will let the Law Department make the proper recommendation."

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

Garcia earlier ordered the agency's legal department to conclude its preliminary investigation on its misrepresentation complaint against Guo and submit its final recommendation by next week.

"Kailangan by next week meron na pag-uusapan ang Comelec en banc na recommendation nila. Hindi naman napakahirap gawin recommendation ng Law Department," Garcia said.

 "Kung 'di nakasagot kahapon, therefore, madali naman gawin recommendation para sa susunod na Miyerkoles meron na pag-usapan ng Comelec en banc," he added.

 Garcia issued the directive following the failure of Guo's camp to beat the agency's extended deadline given to the ex-mayor, for her to file a counter-affidavit on the complaint.

The non-submission of counter-affidavit signals the conclusion of the investigation, Garcia said.

"Therefore, ang naging decision ng Law Department ay submitted for resolution yung mismong kaso. Ibig sabihin terminated na po ang preliminary investigation upang ang Law Department ay makapagsubmit na sa Comelec en banc ng kanilang recommendation sa kung paano tatahakin ng kaso na ito," Garcia told journalists at the sideline of the Commission's memorandum of agreement signing with the National Printing Office.

The Comelec's complaint stemmed from Guo's reported violation of the Omnibus Election Code when she claimed in her voting records that she is a Filipino citizen. 

Garcia refused to comment as to the likely recommendation of their law department.  

He admitted that the legal department's earlier recommendation to file a criminal case against Guo for allegedly violating the Omnibus Election Code will likely stay. 


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