MANILA – Senate Deputy Minority Leader Risa Hontiveros was puzzled over the warrant of arrest issued by a Capas, Tarlac court against dismissed Bamban mayor Alice Guo on charges of graft filed before the Ombudsman.
The Philippine National Police (PNP) took custody of the dismissed mayor after the Capas, Tarlac Regional Trial Court Branch 109 ordered her arrest for violation of Sections 3(E) and 3(H) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, filed by the Department of the Interior and Local Government.
In a statement on Friday, Hontiveros said she respects the development but insisted that the Senate was the first to issue an arrest order against Guo.
The Committee on Women, Children, Family Relations, and Gender Equality issued an arrest order against Guo and seven others last July because they refused to appear before the Senate as having “delayed, impeded, and obstructed” the inquiry into the criminal activities linked to Philippine Offshore Gaming Operators (POGOs).
“Ang Senado ang nag-trigger ng manhunt. Senate warrant ang bitbit ng ating law enforcement sa Jakarta (The Senate triggered the manhunt. Our law enforcers in Jakarta carried a Senate warrant),” Hontiveros said, stressing that Guo should be detained in the Senate for her to attend the hearing on Sept. 9.
The senator also cited the case of Binay vs. Sandiganbayan, which ruled that criminal cases against municipal mayors fall within the exclusive jurisdiction of the Sandiganbayan.
“Bakit po kaya Tarlac court ang nag issue [ng arrest warrant] (Why did a Tarlac court issued the arrest warrant)?” Hontiveros asked.
Guo was supposed to be turned over to the Senate Office of the Sergeant-at-Arms after being processed by the Bureau of Immigration and National Bureau of Investigation.
“That was clear from the very start and that was the commitment of NBI Director (Jaime) Santiago,” Hontiveros said.
Hontiveros also pointed out that if Guo decides not to post bail, she would be under the custody of the Philippine National Police.
“We need to ask why. Why does she want to be in a jail more than in the Senate detention facility?” she added.
Senate President Francis “Chiz” Escudero, in another statement, said that if Guo does not post bail, the Senate would have to ask the court to let the dismissed mayor appear before the hearing.
“If this happens (she doesn’t post bail), Senator Risa’s Committee might need to ask the court for permission to bring her to the Senate to attend the hearing,” Escudero said.
PNP spokesperson Col. Jean Fajardo, in a chance interview in Camp Crame Friday, said Guo was allowed to talk to her lawyers.
Fajardo explained that the Tarlac court’s warrant of arrest against Guo “takes precedence over the arrest warrant issued by the Senate.”
“If the Senate would hold another hearing and she is still under the PNP’s custody and she has not posted bail yet, it would mean she is still under the court’s jurisdiction. In this case, the Senate should request the court to allow her to appear before it,” Fajardo said.
Fajardo said Guo’s detention cell has one bed and a comfort room but has no airconditioning unit.
In a radio interview, Guo’s legal counsel, Stephen David, said they will not post bail yet and will seek a court order to maintain the status quo for several days.
Comelec: Guo’s plea up to its law department
The Commission on Elections, meanwhile, said it is up to its law department to decide whether to grant or reject Guo camp’s second motion for an extension of the deadline to file her counter-affidavit to the misrepresentation charge she is facing.
Comelec chair George Erwin Garcia, in a message to reporters, said they expect the law department to come up with a recommendation “on Monday” (Sept. 9).
Garcia admitted that they expect the camp of Guo to ask for another extension.
“Wala siya (Guo) dito during the first extension, so why not file a second baka sakali nandito na (She was not here during the first extension, so why not file a second, besides she is already here),” he said.
On Thursday, the Comelec Law Department received the second Motion for Extension of Time to File Counter-Affidavit from Guo’s counsels from the David Buenaventura Ang & Jamilla Law Office.
Guo’s camp is seeking an additional 15 days to file the comment.
The material misrepresentation complaint was filed in connection with the certificate of candidacy Guo submitted to the Comelec when she ran in the May 2022 polls. (with Christopher Lloyd Caliwan and Ferdinand Patinio/PNA)
