Abalos on Alice Guo custody: Senate, Tarlac court should settle it

The Department of the Interior and Local Government (DILG) was only following a court order when dismissed Bamban mayor Alice Guo was turned over by the Philippine National Police (PNP) to a regional trial court (RTC) in Capas, Tarlac, the agency's secretary Benhur Abalos said Saturday.

"Sana malaman ng mga kababayan natin na ang nagde-determine kung saan siya [Guo], hindi rin po kami eh… ang korte, ang judge. Siya ang magsasabi kung saan [ang custody]," Abalos said at a news forum in Quezon City.

(I hope our countrymen would know that it is not the DILG but the court, the judge, which determined where she should be held in custody.)

The DILG chief made the remark amid questions raised regarding which office should take custody over Guo.

Senator Risa Hontiveros, who is leading a Senate inquiry into Guo's alleged ties to criminal activities, earlier asserted that the former mayor should be detained first at the Senate.

Hontiveros said that while she respects the judiciary, it was the Senate which issued the first arrest warrant against Guo.

Abalos said, "Ang maganda siguro ang Senado at ang korte ay mag-usap how to go about this… basta kami susundin lang namin kung ano sasabihin ng otoridad."

(It would be best if the Senate and the court discuss how to go about this... as far as we are concerned, we will just follow what authorities say.)

In a radio interview on Saturday, Senate President Chiz Escudero said that the arrest warrant issued by the court prevails.

“Hindi 'yan unahan. Mas mataas ang warrant na ini-issue ng korte, bunsod ng kasong finile. Tandaan mo, resource person lang din si Alice Guo sa Senado,” he said.

(This is not a race. The warrant issued by the court is higher due to the case that was filed. If we recall, Alice Guo is only just a resource person of the Senate.)

Escudero said that he also told Senator Risa Hontiveros to follow the court and file a request for Guo’s presence in the Senate.

“Sino mang kinomit ng korte, meron 'yung tinatawag tayong commitment order. So para mailabas yun doon, kailangan utos din ng husgado at ang PNP ay susunod lamang. Grinant na ng huwes yung request ni Senator Risa kahapon pa lamang at pinag-attend ng huwes si Guo sa hearing ng Senado sa Lunes,” he said.

(Whoever was committed by the court, we have what we call the commitment order. So, for them to be released, it has to be ordered by the court, and the PNP will only follow. The judge approved Senator Risa’s request just yesterday, and the judge allowed Guo to attend the hearing on Monday.)

According to Escudero, Guo would return to police custody after she testifies in the Senate hearing.

“Ulitin ko ha, hindi ito agawan… Ang importante, magbigay siya ng kanyang testimonya sa Senate Committee at kung ma-de-declare man siya in contempt, ang problema doon, mananayig pa rin yung commitment order ng husgado. Kaugnay sa custody ni Guo dahil nga hindi siya nag-post ng bail, bagamang bailable 'yung mga kasong sinampalapan sa kanya,” he said.

(I will repeat, this is not a race. What is important is that she can provide her testimony to the Senate Committee, and if she ever gets cited in contempt, the problem there is that the court’s commitment order will still prevail regarding Guo’s custody because she did not post bail, despite her charges being bailable.)

The issue on who should have custody over Guo came into light after the Tarlac RTC issued an arrest warrant against Guo, which would take precedence over the one issued by the Senate.

The warrant stemmed from the criminal cases filed by the DILG against Guo for two violations of the Anti-Graft and Corrupt Practices Act.

Guo is currently detained at the PNP Custodial Center in Camp Crame, Quezon City, in line with the commitment order issued by Capas RTC-Branch 109.

In response to a formal request by Hontiveros, Presiding Judge Sarah Vedaña-Delos Santos allowed Guo to appear in the continuation of the Senate investigation into the illegal Philippine Offshore Gaming Operators (POGOs).

The Tarlac court likewise ordered the PNP Custodial Center to bring Guo to the Senate on Monday. — with a report from Jiselle Anne Casucian/VDV/VBL, GMA Integrated News