Ombudsman: Senate can’t compete for Alice Guo custody

The Office of the Ombudsman on Monday said the Senate cannot play tug-of-war with the court regarding the custody of dismissed Bamban, Tarlac Mayor Alice Guo.

According to Mark Salazar’s report in 24 Oras, Ombudsman Samuel Martires explained the arrest warrant issued by the regional trial court is “superior” over the one issued by the lawmakers.

"The warrant of arrest issued by the Senate cannot be superior to the warrant of arrest issued by the RTC,” said Martires.

“Kaya ang advice ko lang sana, mag-request na lang ang Senate sa Capas RTC na kung pwedeng i-produce si Alice Guo sa Senado 'pag may hearing."

(My advice to the Senate is it should just request the Capas RTC to produce Alice Guo before them during hearings.)

Guo was brought to the Philippine National Police (PNP) Custodial Center in Camp Crame, Quezon City following her return to Manila last Friday, September 6 after she was caught in Indonesia. 

The former public official also faced on the same day the Capas, Tarlac RTC Branch 109, which issued an arrest warrant against her in connection with a graft case and placed her in PNP custody.

Meanwhile, the arrest warrant issued by a Senate panel was for skipping the resumption of the investigation on the raided Philippine offshore gaming operator hub in her town.

For his part, Senator Francis Tolentino said that Guo should be under the Senate’s custody , arguing the arrest warrant issued by the Tarlac RTC is invalid. 

He noted that the nearest judicial region to Tarlac is Urdaneta, Pangasinan or Valenzuela City. 

“Yung pangalawang sinukat ko na malapit-lapit is Region 2, sa Sta. Fe, ang layo na po, Nueva Vizcaya. Ang pinakamalapit po ay Valenzuela City,” said Tolentino. 

(The second nearest region is Region 2, in Sta. Fe, Nueva Vizcaya, but this is still far. The nearest is Valenzuela City.)

But Senator Risa Hontiveros said 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."

Meanwhile, the Department of Justice also questioned the filing of graft charges against Guo before the Tarlac RTC.

“Parang nagkamali yata yung mga prosecutors ng Ombudsman…Kasi Salary Grade 30 si … Alice Guo. And, 26 and above dapat sa Ombudsman na ‘yan, tsaka Sandiganbayan,” said Justice Secretary Jesus Crispin Remulla. 

(I think the Ombudsman prosecutors made a mistake. Because Alice Guo is already in Salary Grade 30. And those who are earning in [Salary Grade] 26 and above, should be handled by the Ombudsman and the Sandiganbayan.)

The Tarlac RTC Branch 109 has yet to give a comment, according to the report.

For its part, the Ombudsman said Guo was no longer a public official when the case was filed before the local court.

“At the time we filed the information, Alice Guo was no longer a public official dahil dinismiss na si Alice Guo ng Ombudsman…kaya Capas, Tarlac [RTC] mananatili dahil 'yun ang may jurisdiction sa Bamban (So the Capas, Tarlac [RTC] has the upper hand because it has the jurisdiction over Bamban) ,” said Martires. —Vince Angelo Ferreras/RF, GMA Integrated News