Alice Guo Plans to Run for Reelection; Comelec Can’t Cancel Guo’s Candidacy if She Runs

October 4, 2024 Philippines Crime & Legal

Former Bamban, Tarlac mayor Alice Guo intends to run in the 2025 elections. Despite a slew of legal troubles, Guo’s legal team has confirmed her plans to file a certificate of candidacy (COC). However, her path to reclaiming the mayoral seat is fraught with legal uncertainties.

Guo’s lawyer, Stephen David, stated that the former mayor is preparing the necessary documents to file her COC. “She will run,” David told TV5. “Why don’t we let the people decide kung gusto siya ng tao [if they want her]?”

According to Comelec rules, Guo can submit her COC through a representative, allowing her to navigate her current situation, as she remains in detention on various charges.

Commission on Elections (Comelec) spokesperson John Laudiangco emphasized that the Commission does not have the authority to automatically disqualify candidates. He noted that their role primarily involves filtering out nuisance candidates.

“We do not have motu proprio powers,” he explained, referring to the ability to act on their own without a formal request. Therefore, the Comelec can only consider petitions filed by third parties against Guo if she proceeds with her candidacy.

While the Comelec is prepared to accept Guo’s COC if she files it, this does not guarantee her candidacy. Laudiangco clarified that the Commission must receive a petition for disqualification or cancellation of her COC for it to take further action. “‘Yung parte ng petition for disqualification, petition to cancel or deny due course ‘yung COC, hindi po po pwedeng Comelec ang magfafile po niyan.”

He expressed hope that someone would file such a petition, particularly concerning Guo’s citizenship, which has been a contentious issue due to allegations surrounding her identity.

Guo is facing numerous legal challenges. The Ombudsman dismissed her from her position as mayor in August, citing grave abuse of discretion in the operations of a Philippine offshore gaming operator (POGO) hub in Tarlac. This dismissal carries the penalty of perpetual disqualification from public office; however, the ruling can still be appealed, meaning it is not yet final or executory.

Laudiangco acknowledged that none of the cases against Guo have reached finality, which means the Comelec is obliged to accept her COC if filed. He stated, “The preliminary investigation for her election offense charge is ongoing, particularly for material misrepresentation.” These charges stem from an investigation by the National Bureau of Investigation, which found that Guo shared fingerprints with a Chinese national, Guo Hua Ping.

In addition to the misrepresentation charge, Guo is embroiled in allegations of money laundering, human trafficking, and graft. These serious charges raise questions about her eligibility to run for public office. However, Laudiangco reassured the public that any registered voter could file a petition against Guo, supporting it with evidence to facilitate due process.