Comelec to stop preliminary probe sans Guo counter-affidavit

Comelec chair George Erwin Garcia —Niño Jesus Orbeta

MANILA, Philippines — The Commission on Elections (Comelec) will stop the conduct of preliminary investigation if the dismissed Bamban, Tarlac mayor Alice Guo will not file her counter-affidavit on her material misrepresentation charge, Comelec chairman George Garcia said on Wednesday.

This came after Guo was arrested in Jakarta, Indonesia on Wednesday, 1:30 a.m. According to Garcia, today is the last day for the dismissed Bamban, Tarlac mayor to file her counter-affidavit for the misrepresentation charge against her.

READ: Alice Guo arrested in Indonesia – DOJ, NBI

“As far as the Comelec is concerned, today is the last day. Kung walang counter-affidavit, then, we will terminate the conduct of preliminary investigation,” Garcia said in an ambush interview.

READ: Comelec awaits Alice Guo’s counter-affidavit on misrepresentation charge

“Therefore, dedesisyunan na ’yon ng Law Department at ire-recommend sa Commission En Banc [kung] ano ang tamang gawin patungkol sa kaso ng misrepresentation na pending sa amin,” he added.

The poll body issued a subpoena against Guo on August 13 for alleged material misrepresentation in her certificate of candidacy in the 2022 elections. This developed after the Comelec en banc unanimously approved the recommendation of its Law Department to file charges for misrepresentation.

Garcia said that the camp of Guo might file a deadline extension following her arrest.

“Inaasahan natin na kung nag-file sila ng motion for extension mahigit isang linggo na ang nakalilipas, asahan natin na maaaring may i-file na naman sila sa araw na ito dahil nga sa bagong development na ’yan,” he noted.

The poll body chief also said that this should be processed immediately so Guo can face the allegations thrown against her.

“Ang Comelec En Banc ay nagbigay ng instruction na katulad din ng ibang kasong mayroon tayo, dapat minamadali ang disposition nito. Ito ay para lang maliwanagan din at linisin din ang pangalan ng respondent kung talaga naman na mali ang akusasyon laban sa kanya,” he added.

Garcia previously said that they would proceed with the preliminary investigation despite Guo’s escape to Malaysia.