Escudero on Alice Guo: Burden of proof lies with accusers

Senate President Francis Escudero on Thursday said that although there was reason to doubt the background of Bamban, Tarlac Mayor Alice Guo, the burden of proof lies with those leveling allegations against her.

"May rason para mag-alanganin tayo—pero 'yung presumption [of innocence] ay nananatili pa rin. Siya'y nakatakbo, siya'y registered voter, may passport siya na Filipino siya. Nasa nagsasabing hindi na patunayan 'yon," Escudero said at the Kapihan sa Senado on Thursday.

(We have reason to doubt—but the presumption [of innocence] remains. She was able to run for public office, she's a registered voter, she has a passport that shows she's a Filipino. It's up to those who say otherwise to prove their allegations.)

The newly installed Senate president said that questions on Guo's citizenship and qualifications as a mayor may be questioned by the Solicitor General alone through a quo warranto case.

Should the Department of the Interior and Local Government (DILG) suspend her, Escudero said there should also be a basis.

Since she has already been proclaimed, however, Escudero said the ball is now in the hands of the Solicitor General.

He then cited the case of Senator Grace Poe, whose citizenship was questioned before the Supreme Court because she was a foundling.

"May analogy, ito, may passport pa nga, eh. Si Senator Grace, ginamit din naming rason 'yon sa kaso—may passport, may ID, may license... So, patunayan niyong hindi," Escudero said.

(There's an analogy here. We're talking about a passport. We even cited that as a reason in Senator Grace's case—a passport, ID, license were all issued... So, prove that she's not a Filipino.)

"Hindi pwedeng, 'Ay, hindi namin alam kung sino kaya siguro Amerikano 'yan.' 'Ah, hindi namin alam kung sino 'yong nanay, eh. Iyong tatay Chinese, so Chinese siguro 'yan.' There's a basic principle in law: He who alleges must prove the same," he added.

(One cannot say, 'Oh, we don't know how her parents are so she's probably an American.' 'Oh, we don't know her mother. The father is Chinese so she's probably Chinese.' There's a basic principle in law: He who alleges must prove the same.)

"Iyong nag-a-allege na hindi, dapat patunayan. Kung mapatunayan, eh di dapat tanggalin," Escudero said.

(Those who allege otherwise should prove it. If proven, then remove her.)

No arrests, cases

Questions about Guo's identity were raised after she was found to have helped in the processing of documents of a Philippine Offshore Gaming Operator (POGO) in Bamban.

Although Guo was dragged into the POGO issue, Escudero noted that there were no cases filed against those who were arrested during the raid of the POGO hub in Bamban last March.

"Kung iligal na POGO 'yan at may kinalaman siya, dapat 'yan sampahan ng kaso. Marahil 'yon ang mas malakas na kaso para suspindihin siya—preventive suspension man lang—kaysa 'yung citizenship na dapat ihain ng Solicitor-General's office," he stressed.

(If that's an illegal POGO and she has something to do with it, then charges should be filed. Perhaps that is the strong basis to suspend her—at least a preventive suspension—instead of the citizenship issue that should be brought before the Solicitor General's office.)

"Ang palagi kong lang tanong, ha, sa dami ng nire-raid bakit ba wala akong nakikitang hinuhuli? Bakit wala akong nakikitang kinakasuhan at nakukulong? Kung may mga krimen talagang ginawa ang mga 'yan, bakit deportation lang ang solusyon? Bakit walang kaso? Asan 'yong criminal case?" he asked. 

(I always ask, with so many people involved in the POGO raid, why don't we see any arrests? Why don't I see any cases filed and anybody brought to jail? If they really committed crimes, why is deportation the only solution? Where is the criminal case?)

PAGCOR's mandate

Amid concerns on public order due to the proliferation of POGOs, Escudero said it was up to the Executive Department whether or not to allow the industry's operations under the supervision of the Philippine Amusement Gaming Corporation (PAGCOR).

However, Escudero said PAGCOR should only be a regulator and it should no longer be an operator.

"Dapat ang PAGCOR ay regulator lamang. Hindi operator. Saan ka ba naman nakakita na nire-regulate at sinu-supervise ang sarili niya? 'Di ba siya gumagawa ng rules at siya ang nagpapasugal? Dapat hindi siya gaming corporation. Dapat gaming commission," he said.

(PAGCOR should only be a regulator, not an operator. How come it regulates and supervises itself? Doesn't it make rules while it is the one allowing gambling operations? It should not be a gaming corporation, but a gaming commission instead.)

"That's one of the things I will be looking at. Not because I'm the Senate president. That's always been my position... I think legislation is needed to convert it really as a commission," he added.

Gambling ban instead?

With the proposals in the Senate to ban POGOs totally in the country, Escudero said he prefers that all forms of gambling should be prohibited.

"Personally, ang mas gusto ko nga kung gusto nating mag-ban ng pasugalan, ito nga hindi pa Pilipino ang nagsusugal, eh di i-ban na lang natin lahat para wala nang sugal sa Pilipinas kung 'yan talaga ang gusto natin," he said.

(Personally, I prefer to ban all forms of gambling in the Philippines. Filipinos are not even gambling in this case. So we can ban gambling itself if we really want to ban casinos.)

"Kung titingnan niyo yung datos ha, at pinakita ng PNP (Philippine National Police) mismo, ang kidnapping, ang drugs ang prostitusyon lahat natagpuan sa mga casino rin... If it is present in all forms of gambling, then let us ban all forms of gambling that has it too. Ba't tayo mamimili lang?" he added.

(If you look at the PNP data, kidnapping, drugs, and prostitution are all found in casinos... If it is present in all forms of gambling, then let us ban all forms of gambling that have it, too. Why should we be selective?)

DILG suspension

For his part, Zambales lawmaker Jeff Khonghun said that placing Guo under preventive suspension was needed to ensure that the authorities would be able to conduct an impartial probe.

"In response to these issues, we support the Department of the Interior and Local Government's (DILG) recommendation for the preventive suspension of Mayor Guo pending investigation of her possible involvement in illegal activities in Bamban, Tarlac. This suspension is necessary to facilitate a thorough investigation into her conduct and affiliations," Khonghun said in a statement.

Last week, the DILG said it has recommended to the Ombudsman the preventive suspension of Guo, following the submission of its Internal Audit Service's report which had "troubling findings of serious illegal acts" related to the mayor and the POGO.

Khonghun said, "The alarming details about her background, her alleged connections to illegal activities in her town and her failure to provide transparency undermine the trust and integrity expected of a public official."

Guo's late registration of her birth, coupled with her claims of home-schooled education, Khonghun said, raise serious questions about her intentions in holding public office.

"Her association with these kinds of people does not only damage her credibility but also jeopardize the welfare of the people of Bamban," Khonghun said. — with a report from Llanesca T. Panti/ VDV, GMA Integrated News