Garcia: Guo will have 5 days to respond to result of Comelec investigation
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Garcia: Guo will have 5 days to respond to result of Comelec investigation
Bamban, Tarlac Mayor Alice Guo in a Senate hearing in Pasay City on May 22, 2024. Mark Demayo, ABS-CBN News

MANILA -- Suspended Bamban, Tarlac Mayor Alice Guo will have five days to answer the allegations that she committed misrepresentation when she filed her Certificate of Candidacy for the mayoralty race in 2021.
MANILA -- Suspended Bamban, Tarlac Mayor Alice Guo will have five days to answer the allegations that she committed misrepresentation when she filed her Certificate of Candidacy for the mayoralty race in 2021.
This, according to Commission on Elections Chairman George Erwin Garcia, who further explained that the five-day period will start once they have the findings on Guo and Guo Hua Ping's fingerprint analysis.
This, according to Commission on Elections Chairman George Erwin Garcia, who further explained that the five-day period will start once they have the findings on Guo and Guo Hua Ping's fingerprint analysis.
They will compare the evaluation done by Comelec experts to those forwarded to the commission by the National Bureau of Investigation.
They will compare the evaluation done by Comelec experts to those forwarded to the commission by the National Bureau of Investigation.
The report, to be submitted by the Comelec Law Department, will then be submitted to the Commission en Banc for review or evaluation, Garcia said.
The report, to be submitted by the Comelec Law Department, will then be submitted to the Commission en Banc for review or evaluation, Garcia said.
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"Kalimitan po mga limang araw ang ibinibigay ng Comelec para makapag-file ng sagot o yung tinatawag na counter-affidavit," Garcia told journalists on Tuesday.
"Kalimitan po mga limang araw ang ibinibigay ng Comelec para makapag-file ng sagot o yung tinatawag na counter-affidavit," Garcia told journalists on Tuesday.
[Normally, the Comelec gives five days to file a reply or what we call as counter-affidavit.]
[Normally, the Comelec gives five days to file a reply or what we call as counter-affidavit.]
"Kung hindi po [sasagot], mapipilitan na po ang Commission en Banc na busisiin kung ano ang magiging recommendation sa amin. Kung dapat itong i-adopt o pwedeng ibalewala," he added.
"Kung hindi po [sasagot], mapipilitan na po ang Commission en Banc na busisiin kung ano ang magiging recommendation sa amin. Kung dapat itong i-adopt o pwedeng ibalewala," he added.
[If the party will not reply, the Commission en Banc will be duty bound to scrutinize the recommendation, if we will adopt it or dismiss it.]
[If the party will not reply, the Commission en Banc will be duty bound to scrutinize the recommendation, if we will adopt it or dismiss it.]
However, any decision will only be reached after hearing the other side first, the Elections Chief explained.
However, any decision will only be reached after hearing the other side first, the Elections Chief explained.
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"Anuman po ang maging desisyon namin... asahan nyo po, kung sinuman ang respondent, ay pasasagutin po namin," Garcia assured. "Kinakailangan po meron naman pong pagsagot. Kung ayaw pong sumagot, wala na po kaming magagawa."
"Anuman po ang maging desisyon namin... asahan nyo po, kung sinuman ang respondent, ay pasasagutin po namin," Garcia assured. "Kinakailangan po meron naman pong pagsagot. Kung ayaw pong sumagot, wala na po kaming magagawa."
[Our decision will be made with an assurance that the respondent will be given due process. It has to be answered. If the respondent refuses to answer, we cannot do anything.]
[Our decision will be made with an assurance that the respondent will be given due process. It has to be answered. If the respondent refuses to answer, we cannot do anything.]
Garcia further stressed that the Comelec is not "racing" with the Office of the Solicitor General and National Bureau of Investigation's own investigation. Instead, the main target is to settle the issue of Guo's alleged misrepresentation when she filed her COC for the mayoralty race before the October 1 to 8 COC filing this year.
Garcia further stressed that the Comelec is not "racing" with the Office of the Solicitor General and National Bureau of Investigation's own investigation. Instead, the main target is to settle the issue of Guo's alleged misrepresentation when she filed her COC for the mayoralty race before the October 1 to 8 COC filing this year.
The phase of allowing Guo to file her counter-affidavit is equivalent to preliminary investigation especially because misrepresentation is considered as a criminal offense and in the Revised Penal Code requires a preliminary investigation.
The phase of allowing Guo to file her counter-affidavit is equivalent to preliminary investigation especially because misrepresentation is considered as a criminal offense and in the Revised Penal Code requires a preliminary investigation.
In Guo's case, it covers Section 74 of the Omnibus Election Code in relation to Section 78, Garcia said.
In Guo's case, it covers Section 74 of the Omnibus Election Code in relation to Section 78, Garcia said.
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