Alice Guo to remain in PNP custody until Tarlac court issues resolved - Risa

Dismissed Bamban, Tarlac Mayor Alice Guo will remain in the custody of the Philippine National Police (PNP) until the legal issues surrounding the graft case filed against her before a Tarlac Regional Trial Court (RTC) is resolved, according to Senator Risa Hontiveros on Monday.

"Without prejudice sa maaring paglilinaw at pagtutulungan sa pagitan ng DILG at tsaka DOJ... in the quick meantime, susulat kami sa korte, as the chair had done to the judge at na-appreciate ko 'yung pagpapayag nila na nandito ngayon si Ms. Alice para sumagot sa atin, the committee will write again to the [presiding judge] and to the Office of the Ombudsman," Hontiveros said.

"Until we get some quick answers from those two good bodies na pwedeng gumabay sa atin otherwise, Ms. Alice will remain in PNP custody...until this legal issue is decided, we will respect the Judiciary," Hontiveros said.

(Without prejudice in clearing things up and with the cooperation between the Department of Interior and Local Government and the Department of Justice... in the quick meantime, we will write to the court, as the chair had done to the judge and we appreciate them for allowing Ms. Alice to be here with us today to answer our questions, the committee will write again to the [presiding judge] and to the Office of the Ombudsman.

Until we get some quick answers from those two good bodies to guide us otherwise, Ms. Alice will remain in PNP custody...until this legal issue is decided, we will respect the Judiciary.)

According to Hontiveros, the Office of the Senate Sergeant-at-Arms will coordinate with the PNP for Guo's possible turnover to the Senate " if she posts bail, or once there is a final determination on the issue of jurisdiction on the court which issued the judicial warrant."

Hontiveros made the statement as she declined the motion of Senate Majority Leader Francis Tolentino which sought that the Senate should take custody of Guo.

Tolentino argued that the graft case against the dismissed mayor should have not been filed with the Branch 109 of the Capas, Tarlac RTC based on Republic Act 10660.

"RA 10660 speaks of a venue wherein a municipal mayor here is concerned. Once the Ombudsman files a case, it has to be outside, even though she was dismissed, the judicial region where she holds office. She holds office in Tarlac...and yet, where was the case filed? Capas, Tarlac belongs to the same judicial region," Tolentino said.

"In effect, it is a violation of RA 10660," he added.

Tolentino likewise cited a circular issued by the Office of the Court Administrator which he quoted as "all the cases related to [RA] 10660 should be filed in the next judicial region."

Asked if it is proper that the case is filed before the Capas, Tarlac RTC, Department of Justice Undersecretary Nicholas Felix Ty said, "On paper, mukhang may kaunting pagsalungat sa batas but mas mabuti siguro marinig natin ang Ombudsman baka may paliwanag sila dito."

(On paper, it seems it is contrary to the law but it would probably be better if we hear from the Ombudsman if they have an explanation on the matter.)

According to Ty, the graft case was only filed last September 5 or the same day that Guo was arrested in Indonesia.

Earlier in the day, Justice Secretary Jesus Crispin Remulla said that he would ask the Office of the Ombudsman why the graft case against Guo was filed before a Tarlac RTC.

For Tolentino, the graft case against Guo is best filed before a court in Valenzuela City.

"Kung mali po 'yung napag-file-an natin... iisa na lang po ang warrant of arrest na valid. The warrant of arrest coming from the Senate," he asserted.

Tolentino also pointed out that the arrest order from the Senate was the one used when Guo was arrested in Indonesia.

Ty suggested the Senate coordinate with Branch 109 of the Capas, Tarlac RTC to resolve the legal issue.

DILG Assistant Secretary Romeo Benitez backed Ty’s position to "listen to the pronouncement or the explanation of the Office of the Ombudsman."

Based on his observation, Benitez said the Office of the Ombudsman might have filed it before the Tarlac RTC as it "believes that at the time the information was referred for filing, before the RTC of Tarlac, the good Mayor is no longer an incumbent official."

But Tolentino noted that when RA 10660 was being crafted, the senators' legislative intent for the filing of the graft cases outside the judicial region where the official was holding office was to "avoid exerting influence."

"Walang jurisdiction si RTC ng Capas. Paano ka mag-iissue ng mga order, although, the Senate committee was very cordial enough, to ask for permission, to seek the permission of the good judge that she (Guo) be allowed to attend the hearing today, in today's hearing. But for purposes of legality, Madam Chair, palagay ko ang Senado po ang tama," Tolentino said.

(Capas RTC has no jurisdiction. How can you issue an order, although, the Senate committee was very cordial enough, to ask for permission, to seek the permission of the good judge that she (Guo) be allowed to attend the hearing today, in today's hearing. But for purposes of legality, Madam Chair, in my opinion the Senate is on the right.)

When Guo was nabbed in Indonesia, it was expected that she would be detained in the Senate as it was the arrest order issued by the upper chamber which was used to intercept her abroad.

However, Guo was brought to the PNP Custodial Center early Friday morning after she arrived in the Philippines.

Last Friday, Guo faced Branch 109 of Capas, Tarlac RTC which issued a warrant of arrest against her.

After personally appearing before the Tarlac court, a commitment order for Guo's detention at the PNP Custodial Center was issued.—RF, GMA Integrated News