Comelec chair George Erwin Garcia —Niño Jesus Orbeta
MANILA, Philippines — The Commission on Elections (Comelec) will proceed with the ongoing preliminary investigation of the misrepresentation charge filed against dismissed Bamban town Mayor Alice Guo despite reports of her leaving the country, Comelec Chairman George Erwin Garcia said on Tuesday.
In a media briefing, Garcia said that they are waiting for Guo to respond to the subpoena issued against her. The subpoena was issued to Guo last Tuesday after the Comelec en banc unanimously adopted the recommendation of its Law Department to file the charge against her for material misrepresentation.
READ: Comelec issues subpoena vs Alice Guo for material misrepresentation
“Proceedings will continue and we will not stop. Currently, we can’t consider and we can’t apply presumption of guilt (when you flee) because at this time, we are still waiting for that date when the respondent should answer,” Garcia noted.
“After the 10 days, let’s see if a lawyer will face us or she, herself, will face us to answer the accusations thrown at her, which is misrepresentation,” he added.
READ: BI says Alice Guo arrived in Indonesia despite missing exit records
However, while Comelec is waiting for Guo’s response to the subpoena, Garcia pointed out that the election body cannot always wait for the respondent, citing the delays this may cause.
“Comelec, like any other prosecutorial offices of the government, will not just wait until the respondent answers. Decisions cannot be deferred just because there is no answer or there is non-appearance,” he said.
Guo is given 10 days to respond to the subpoena issued to her, which started last Wednesday, or the day after it was filed against her. However, Senator Risa Hontiveros disclosed on Monday that the dismissed Mayor had already left the Philippines on July 18 using her Philippine passport to go to Malaysia.
Further, the Bureau of Immigration spokesperson Dana Sandoval confirmed on Tuesday that Guo left the country despite missing required exit checks and having no records of departure in the database of the immigration.