Comelec tells Alice Guo's lawyers: Prove you did not mislead us

MANILA, Philippines — The Commission on Elections warned Alice Guo's lawyers on Wednesday, September 5, that if the dismissed Bamban, Tarlac mayor had fled the country without plans to face the misrepresentation case against her, they could face contempt charges.

Comelec Chairperson George Garcia said that Guo's legal team should clarify whether they filed a petition to extend the deadline for submitting her counter-affidavit after she had already left the country — a move that could be deemed "contemptuous" by the commission and the courts. 

“We want to know if, at the time of filing the motion for extension, Guo was no longer in the Philippines. If she wasn’t here, then what exactly were they seeking to extend? Who would respond to the accusations if she isn’t even in the country?" Garcia said in a mix of English and Filipino.

Guo is facing allegations of material misrepresentation in her Certificate of Candidacy (COC) for the 2022 elections after her fingerprints were found to match Chinese citizen Guo Hua Ping.

The Comelec issued a subpoena against Guo on August 13, but she was not in her residence when poll body officials attempted to serve the subpoena.

The poll body moved the original deadline for her counter-affidavit submission from August 27 to September 1. Inclement weather moved the deadline by another two days, leaving the Comelec still waiting for her response on Wednesday.

The poll body has not heard from Guo's camp and will terminate the preliminary investigation even without her counter-affidavit.

"Let's see what their reason is, but the question is, if she returns here after being arrested, will she still be willing to swear an oath or appear in the misrepresentation case? ... The Comelec has already given enough time to respond," Garcia added,

"We cannot allow our authority to depend on the whims of individuals, especially those facing serious charges," the Comelec chairperson added.

Guo was able to flee the country on July 18 despite being the subject of an immigration lookout bulletin. The embattled official was arrested on Tuesday and is set to be sent back to the country via chartered flight today.