Sans counter-affidavit, Comelec law dep't to issue recommendation on Alice Guo case

The law department of the Commission on Elections (Comelec) will issue a recommendation on the material misrepresentation case of dismissed Bamban, Tarlac mayor Alice Guo should her camp fail to file a counter-affidavit on the subpoena issued against her, poll chief George Erwin Garcia said on Wednesday. 

“As far as the Comelec is concerned, today is the last day,” Garcia said in a press statement. 

“Kung walang counter-affidavit, then, we will terminate the conduct of preliminary investigation, and therefore, dedesisyunan na 'yon ng Law Department at ire-recommend na sa Commission En Banc [kung] ano ang tamang gawin patungkol sa kaso ng misrepresentation na pending sa amin,” he said. 

(If no counter-affidavit will be submitted, then we will terminate the conduct of the preliminary investigation, and subsequently, the Law Department will decide on the matter and recommend to the Commission En Banc what action to take regarding the pending case of misrepresentation with us.)

On Monday, Garcia said the poll body has yet to receive the dismissed mayor’s counter-affidavit despite the September 1 deadline on the filing of the answer. The Comelec ealier approved her camp’s request to extend the period for the filing of the counter-affidavit on the subpoena from Tuesday, August 27. 

“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,” said Garcia. 

(We expect that if they filed a motion for extension over a week ago, they may file again today due to the new development.)

“Ayaw kong i-preempt ang kasagutan ng ating Law Department, pero again, ang Comelec En Banc ay nagbigay ng instruction na katulad din ng ibang kasong meron 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 said. 

(I don't want to preempt the response of our Law Department, but again, the Comelec En Banc has given instructions to expedite the disposition of this case, similar to other cases we have. This is to clarify and clear the name of the respondent if the accusation against her is indeed false.)

Comelec representatives formally served Guo a subpoena on August 13 in relation to the material misrepresentation complaint filed against her. She was given ten days or until August 23 to file a counter-affidavit but the period of filing was moved to August 27 due to public holidays. 

Guo is at the center of the Senate investigation into the raided Philippine Offshore Gaming Operators (POGO) hub in Bamban after several seized documents showed that she was involved in the processing of documents for its operations.

The dismissed mayor was earlier arrested in Tangerang City, Indonesia, according to the Presidential Anti-Organized Crime Commission.—AOL, GMA Integrated News