THE Ombudsman yesterday said the Capas, Tarlac Regional Trial Court has exclusive jurisdiction over cases filed against dismissed Bamban mayor Alice Guo, adding “the warrant of arrest issued by the Senate cannot be superior to the warrant issued by the RTC.”
Ombudsman Samuel Martires said the alternative for the Senate panel conducting an investigation on Guo is to request the Capas RTC to allow the defendant to be presented before a congressional inquiry whenever her presence is required.
The next hearing of the Senate Committee on Women is on September 17.
In seeking the transfer of Guo’s graft cases to the Sandiganbayan, lawmakers are challenging a law that Congress itself passed less than 10 years ago.
Republic Act No. 10660, signed into law in 2015, restructured the Sandiganbayan to speed up proceedings and reduce what was then a backlog of close to 3,000 cases.
Section 2 of the statute provides that “the Regional Trial Court shall have exclusive original jurisdiction where the information: (a) does not allege any damage to the government or any bribery; or (b) alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).
“Subject to the rules promulgated by the Supreme Court, the cases falling under the jurisdiction of the Regional Trial Court under this section shall be tried in a judicial region other than where the official holds office.”
Since the cases against Guo did not involve bribery or public funds or properties that would constitute damage to the government, they squarely fell within the jurisdiction of the RTC.
The only question left for the Office of the Ombudsman to decide when it filed the cases last August 29 was to determine whether or not there was still a need to take the cases outside the judicial region of Tarlac.
Martires explained that if Guo was still the incumbent mayor of Bamban, the cases against her would have gone either to RTCs in Region 1 (Ilocos Region) or RTCs in the National Capital Region (NCR or Metro Manila) to comply with the requirement in RA 10660 that charges against a sitting government official “shall be tried in a judicial region other than where the official holds office.”
But since she was removed from office on August 12, 2024 after she was found guilty of grave misconduct, Guo is no longer a government official, relieving the Ombudsman of the need to file her cases elsewhere.
“At the time we filed the information, Alice Guo was no longer a public official. Because she was already dismissed from office, her cases went to Capas, Tarlac (RTC) because it has jurisdiction over Bamban,” Martires said.
Having acquired jurisdiction over the accused, the Capas RTC Branch 109 should also retain custody over her person, the Ombudsman pointed out, even if a legislative body like the Senate has issued its warrant for the same individual.
COURT ASSURANCE
The Tarlac regional trial court assured Sen. Risa Hontiveros that it would continue to allow Guo to attend Senate hearings whenever required.
Capas, Tarlac RTC Branch 109 Presiding Judge Sarah Vedana-De Los Santos issued the assurance in response to a letter from Hontiveros on the issue.
“This Court, in recognition of the Senate’s power to conduct inquiries in aid of legislation, assures the Honorable Senator that it shall continue to allow Guo Hua Ping alias Alice Leal Guo, who is in the custody of the Philippine National Police pending her posting of bail for the offenses charged- violations of Section 3(e) and 3 (h) of Republic Act 3019, to be brought before the Senate whenever required to do so, provided that a prior request be sent so as not to conflict with the scheduled hearing before this Court,” the court’s one-page order said.
“And further, subject to certain limitations as may be provided by law and relevant jurisprudence,” it said.
The court allowed Guo to attend last Monday’s hearing on the Philippine Offshore Gaming Operator (POGO) hub spearheaded by Hontiveros.
Guo is facing graft and corruption charges before the Tarlac court. The charges were filed by the Department of Interior and Local Government over her alleged link to the operation of a POGO hub in Bamban that was raided by the authorities last March.
Hontiveros earlier said Guo should have been turned over to the Senate immediately after the National Bureau of Immigration and the PNP brought her back to Manila after her arrest and detention by Indonesian authorities.
Guo is also facing a human trafficking complaint about the raided POGO hub and a money laundering complaint before the Department of Justice.
The Office of the Solicitor General has also filed a petition before the Tarlac RTC to cancel her birth certificate while a quo warranto to remove her from her post was also lodged before the Manila RTC.
NO EXECUTIVE SESSION
Hontiveros said the Committee on Women sees no reason to grant the request of Guo for an executive session where she can disclose information on her escape and alleged links to illegal POGOs.
“Our committee has not seen any reason to believe that Guo Hua Ping (Alice Guo) will provide us with factual, valuable, and reliable information to convince us to agree to an executive session,” Hontiveros said in a statement.
She issued the remark after Guo’s counsel, Stephen David, in an interview with ANC, said Guo has renewed her appeal for an executive session where she can provide relevant information in connection to the Senate investigation on their escape and links to illegal POGOs.
Last Monday, Guo refused to give details on how they managed to sneak out of the country and her alleged links to illegal POGOs, which prompted the committee to cite her in contempt anew.
Guo invoked her right to self-incrimination when asked about certain issues, adding she fears for her safety once she discloses vital information. Her initial request for an executive session was turned down.
Hontiveros said they find it hard to believe that Guo would tell the truth in an executive session since she has denied that she is Guo Hua Ping, based on the dactyloscopy report of the National Bureau of Investigation.
Guo also insisted that she was born in Tarlac, Tarlac, contrary to evidence that she entered the country in 2003.
“If she cannot even tell the truth about her identity, why should we believe everything else that comes out of her mouth? Magpakatotoo siya sa susunod na pagdinig, at baka sakaling maniwala kaming magpapakatotoo din siya sa isang executive session (She ought to be truthful in the next hearing and maybe we will believe that she would tell the truth in an executive session),” she added.
Senate president pro tempore Jinggoy Estrada, in a statement, said he sees no difference if Guo would provide information before a public hearing or in an executive session.
“Alice Guo testified falsely before us, telling us a tall tale about her circumstances and practically everything we asked her in the previous Senate hearings. What assurance that she will be open, truthful, and cooperative this time?” Estrada said.
He said Guo owes the public the truth behind her escape, who aided them in getting out of the country, and her alleged links to illegal POGOs.
He said holding an executive session with Guo “could undermine the principle of transparency and public accountability in Senate investigations and foster a perception of secrecy, worse, erode public trust in the process.”
“She has not given us any compelling reason, especially matters concerning national security, to grant her an executive session. Paano namin siya pagbibigyan kung wala naman siyang isinisiwalat? Wala nga kaming napipiga sa kanya, gusto pa niya ng executive session? (How can we allow it when she has nothing to reveal? We have not gotten vital information from her and now she wants an executive session?)” he added.
“Personally, the only thing that could convince me to conduct an executive session is when she could provide concrete proof of the existence of threats to her life,” Estrada said.
NO FILIPINOS HELPED GUO?
Senate President Francis Escudero said he does not believe that no Filipinos helped Guo and her siblings to escape.
In a statement, Escudero said authorities should conduct a deeper investigation, adding there might have been people from government agencies who assisted Guo.
“I do not believe Alice’s assertion that no other Filipino helped her for I am of the belief there were other personalities, possibly officials in government other than the BI (Bureau of Immigration), who helped her,” Escudero said.
He said that even the “non-Filipino actors” who helped Guo and her siblings escape should also be held liable.
“That they are allegedly ‘not here’ should not stop us from trying to get them, especially Alice’s financiers and bosses,” he added.
In last Monday’s Senate hearing, Guo said a person facilitated their escape but did not identify the person. This prompted senators to ask her to write the name of the person on a piece of paper.
Senate president pro tempore Jinggoy Estrada later said the person Guo was referring to is a Chinese who could be a member of an international syndicate since he is the holder of passports from Saint Kitts and Nevis, China, Cyprus, Dominica, and Cambodia. Estrada added the person is now in Taiwan.
In an interview with the Senate media, Estrada said the Chinese man was the “boss of all the bosses of POGO(s).”
“Ang conclusion malamang itinakas siya baka ikanta niya itong nag-facilitate ng kanyang pagtakas (My conclusion is that she was sprung out of the country for fear she would identify this person who facilitated her escape),” he said.
Estrada hinted that the Chinese could “most probably” be Huang Zhiyang, whom the Presidential Anti-Crime Commission described as the “partner” of Guo and was also involved in illegal POGO hubs in Porac and Bamban. Huang remains at large.
“Sana makuha natin much better, kaso wala na dito sa bansa, he has already fled to Taiwan (It is much better if we can capture him but unfortunately, he has fled to Taiwan),” he said.
Estrada said he is sure there were Filipinos who helped Guo escape, saying it is impossible to get out of the country without securing necessary clearances from the government, including the Bureau of Immigration.
He said Guo lied when she claimed no Filipinos helped her.
“You mean to say that the Chinese alone can facilitate her escape? That’s impossible without getting a clearance from the BI, that’s impossible,” he said.
Hontiveros, in an interview with GMS’s Unang Balita yesterday, shared the same sentiment as Escudero and Estrada.
Guo claimed last Monday that a lone Asian-looking woman accompanied her and her siblings, Shiela and Wesley, aboard at least three sea vessels until they reached Malaysia.
“Sobrang imposible ‘yung solong babaeng dayuhan daw na tumulong sa kanila ay ‘yun lang ang nag -disenyo at naggawa ng pagtakas nila (It is very impossible that the foreign woman planned and accompanied them in their escape),” she said.
Hontiveros said they will try to extract more information from Guo in the next hearing on September 17.
In her closing remarks last Monday, Hontiveros said she expects more heads will roll in connection with Guo’s escape.
“Pero BI lang po ba ang involved? At sino-sino exactly sa BI? Paano ang liability ng coast guard kung umalis siya sa isang yate? Paano ang involvement ng local government? Kung ang local governments, inamin na po ng staff ni Mayor Calugay na siya ang naghanap ng notary para sa dokumento that turned out to be Alice Guo’s affidavit (Was it only the BI that was involved? And who among the BI personnel and officials were exactly involved? How about the liability of the Coast Guard after Guo admitted they took a yacht to escape? How about the involvement of local government units after the staff of [Sual, Pangasinan] Mayor [Liseldo] Calugay admitted that she helped look for a notary public that turned out to be Alice Guo’s affidavit?),” she said.
Guo refused to provide details of that “person” for fear of her safety, saying she has been receiving death threats since June.
Escudero said “I tend to believe that there are credible threats to her life. But it would depend on the extent of her revelations and if she will tell the whole truth.”
Guo claimed she has received at least five death threats from some people, one of whom she knows. But she did not elaborate.
Estrada refused to believe Guo, saying: “I don’t know, I don’t have any idea. If you can remember sabi ni Guo ang nag-facilitate ng pagtakas niya sinabihan niya ng hindi magandang salita. I asked her bakit siya nagpatakas, bakit siya nagpahiram ng yate? Ang conclusion, malamang itinakas siya at baka ikanta niya itong nag-facilitate ng kanyang pagtakas (I don’t know, I don’t have any idea. If you remember, Guo said she said harsh words to the person who facilitated her escape. I asked her why that person facilitated her escape and why that person lent her a yacht. The conclusion is that probably Guo was brought out of the country because that person who facilitated her escape could be identified by Guo),” he said.
CUSTODY
Escudero said Senate majority leader Francis Tolentino has raised a “very good legal issue” as to where Guo should be detained.
Tolentino earlier said the graft case against Guo may have been filed in the wrong venue due to the “flawed jurisdictional application” of RA 10660 or the Act which further strengthened the functions and structural organization of the Sandiganbayan.
“Walang jurisdiction si RTC Capas…But for the purposes of legality, Madam Chair, palagay ko ang Senado ang tama. Tayo po ang unang nag issue ng warrant of arrest. Ito yung kinilala sa Indonesia (The RTC in Capas has no jurisdiction…But for the purposes of legality Madam Chair, I think the Senate is the right venue. We are the ones who first issued a warrant of arrest. This was recognized in Indonesia),” he said.
Despite this, Escudero said “It is for the court to decide, given the pendency of the case thereat and for Alice’s lawyers to raise as part of her defense.
“Actually, what’s interesting is…why haven’t her lawyers raised this and why hasn’t she posted bail? It’s as if Alice wanted, or is at least in agreement, for this case to be filed against her,” he added.
Estrada said Guo’s refusal to post bail could be a strategy of her legal team so she cannot be detained at the Senate.
“But we will request the court to give us custody of Guo,” he added.
Escudero also lauded President Marcos Jr. for swiftly acting against those who had been remiss of their jobs in preventing Guo from escaping.
“I commend the President for acting decisively and with dispatch re: his statement to the nation that ‘heads will roll’,” he said.
Last Monday, Marcos ordered the dismissal of BI Commissioner Norman Tansingco over the escape of Guo and her siblings from the country last July.
Estrada said the Department of Justice must conduct a thorough investigation as to who among the BI officers was involved in the Guos’ escape.
UNMASK THE SYNDICATE
Sen. Loren Legarda called on concerned government agencies to immediately unmask and take action against the syndicate behind the issuance of fake Philippine passports and birth records due to the case of Guo Hua Ping.
Legarda said there is a need to stop this illegal activity and bring to justice the people behind it, whether they are from government agencies or external “fixers.”
She took notice of earlier reports that more than 1,000 individuals, most of them Chinese, have been issued fake birth certificates in Davao del Sur from 2018 to 2019. She said the Department of Foreign Affairs and the Philippine Statistics Authority may have been infiltrated by criminal syndicates.
Legarda filed Senate Resolution No. 974 last March urging the Senate to investigate the reported schemes of foreigners illegally obtaining Philippine government documents.
IMMIGRATION OIC
Justice Secretary Jesus Crispin Remulla designated Deputy Commissioner Joel Anthony Viado as the officer-in-charge of the Bureau of Immigration after Tansingco was axed last Monday.
Remulla said Viado, a lawyer, will be in charge of the day-to-day operations of the BI under his supervision. The BI is one of the agencies attached to the DOJ.
“His designation will be effective immediately until a new Commissioner will be appointed by the President” Remulla said, adding someone must run the day-to-day operation of the agency to provide uninterrupted service to the public.
Remulla had recommended to Malacanang the removal of Tansingco from his post.
Remulla had earlier taken Tansingco to task after the erstwhile BI chief failed to report immediately to the DOJ that Guo and her siblings had escaped from the country.
Remulla also said the issuance of working visas under Tansingco was “problematic.”
“This has been a big problem for the longest time, we have not been lacking in reminders to the Immigration Commissioner about these problems,” the DOJ chief added.
Last August 1, Remulla ordered the withdrawal of Tansingco’s 60-day deadline for foreigners working in POGOs and Internet Gaming Licensees (IGLs) to voluntarily leave the country after Malacanang banned POGOs in the country effective December 31.
COMELEC EXTENSION
The Commission on Elections has given the camp of Guo until September 12 to file her counter-affidavit in the material misrepresentation complaint lodged against her.
“The 1st extension was supposed to end last September 2. They sought (an extension) for another 15 days. Our Law Department granted an additional 10 days. Therefore, September 12 is the deadline,” Comelec chief George Garcia said in a radio interview.
In its one-page order dated September 9, the Comelec Law Department added that it would be the final extension given to Guo.
A material misrepresentation complaint was filed motu proprio by the Comelec against Guo concerning her Certificate of Candidacy filed in the May 2022 polls. — With Ashzel Hachero, Raymond Africa, and Gerard Naval
