MANILA — Commission on Elections (Comelec) Chairman George Erwin Garcia has directed its Law Department to study the body’s planned case against suspended Bamban, Tarlac Mayor Alice Guo.

• Comelec poised to file charges vs Alice Guo

The directive includes the evaluation of the pieces of evidence at hand and the initial findings of the Senate, Garcia said.

The Comelec, he added, will ask for a copy of the case to be filed by the Office of Solicitor General, so the former could also see all the evidence for its own action. 

“Ang isang election offense, limang taon po ang prescriptive period... Kung 2022 yun pong mismong eleksyon, wala pa pong 5 taon, and therefore may jurisdiction pa kami na maghain ng kaso,” Garcia said. 

(An election offense has a five-year prescriptive period. If the case involves a 2022 election, it’s not yet five years, therefore, we still have a jurisdiction to the case.)

“Ang pagbabasehan natin yung Solicitor General’s petition at saka po yung initial findings ng Senate," he added.

 Comelec spokesman Rex Laudiangco explained that a misrepresentation or lying in one’s COC could result in administrative offense, criminal offense, and perjury.

“Lahat ng allegations po dun hindi simpleng fineprint na statement yan, lahat po yan ay susumpaan ninyo sa huli. Kaya kung may mapapatunayan na meron kayong nilabag dun, ang tawag po dyan ay material misrepresentation, at paglabag po ng Omnibus Election Code,” Laudiangco said.

(All allegations there [in the COC] are not simple fineprint statements. You will swear that all those entries are true. That’s why if it’s proven that you violated that, that’s a violation of the Omnibus Election Code.)

The case can either be filed within 10 days after an individual has filed the COC, or after the oath-taking, which can be filed in regular courts.  

Asked if these cases can be slapped against Guo during her term, Laudiangco replied: “Yes.”

“Initially sa amin, preliminary investigation. Pero pag nag-file na po kami, RTC (regional trial court) na po yan. Ang prosecutor po dyan Comelec,” Laudiangco said.

(Initially, we will conduct a preliminary investigation. And when we file,  it’s going to be at the RTC with the COMELEC as the prosecutor.)

Such offense, he said, is punishable by a one year to six year jail term, forfeiture of the right to suffrage, and perpetual disqualification from holding public office.

The National Prosecution Office can also file perjury charges against the offender.

Asked if the Comelec will file the case against Guo during her term, Laudiangco said: “Very possible po.”

Meanwhile, Garcia said Guo’s supposed offense does not qualify for Aguinaldo doctrine.

The “Aguinaldo doctrine” or the “Condonation Doctrine,” which “provides that a re-elected public official cannot be removed for an administrative misconduct committed during a prior term” only covers administrative offense and not a criminal act like misrepresenting oneself when he or she filed the Certificate of Candidacy, Garcia said.

“It is a criminal liability and at the same time an administrative liability.  Kung nakaligtas ka sa administrative, pwedeng hindi ka makaligtas sa criminal,” Garcia said.

“I’m telling everyone, lahat ng kakandidato, huwag po tayong magsisinungaling sa ating Certificate of Candidacy. Ang kaso po, material misrepresentation. Petition to Deny Due Course and/or Cancel Candidacy,” Garcia said.

EVERY PESO MUST BE DECLARED BY CANDIDATE

Garcia meanwhile reminded all would-be 2025 candidates on their obligation to declare every centavo of the campaign contributions that they will eventually receive, spend and save for next year’s elections.

“Especially kapag nag-declare sila na may natirang pondo o may pinagkautangan, siyempre may Karapatan ang Comelec na i-inquire. Saan yan? Kanino nanggaling yan. Hindi naman pupwedeng taga-submit lang sila sa amin o taga-kolekta lang kami ng SOCE (Statement of Contribution and Expenditures),” Garcia pointed out.

(Especially if they declare that there’s excess of fund or loan, the Comelec has the right to inquire about its source. We do not just collect the SOCE.)

In the 2022 elections, the Comelec filed a case against 400 individuals for failing to submit their SOCE for two elections, while almost 1,000 are now also facing charges for submitting an erroneous SOCE.

“Sumobra sa dapat nagastos, sumobra ng P20, limang piso, pina-file-an pa rin ng Campaign Finance and Political Office namin. Ibig sabihin, hind po ministerial lang ang duty namin sa pagtanggap ng SOCE. Yan po ay may kaakibat na paga-aral at imbestigasyon. And therefore, pag nag-imbestiga dyan, dapat po open lahat yan. At wala pong sini-sino, kahit na anong posisyon pa ang involved,” Garcia said.

(There’s one who exceeded campaign spending by P20, P5, and our Campaign Finance and Political Office still filed a case. Meaning, ours is not just a ministerial duty in accepting SOCE. Investigation is also part of our authority.)

Candidates who would decide to keep their unspent campaign contribution should also declare that as “income” when they file their income tax return to the Bureau of Internal Revenue.

“Ibig sabihn, kahit saan nanggaling. Kahit pa nga parang ligal ang pinaggalingan basta pumasok say o iyan bilang karagdagang kayamanan mo, yan po ay income. Therefore, dapat mai-report yan sa Bureau of Internal Revenue at dapat magbayad ng corresponding income tax para doon sa na-receive na sobrang income at donasyon,” Garcia stressed.

(Regardless of its source, everything must be declared to the Bureau of Internal Revenue and the corresponding income tax must be paid.)

RELATED VIDEO