2024.10.29 Comelec files poll offense case vs. Guo before Tarlac court
(The Philippine News Agency)
Comelec files poll offense case vs. Guo before Tarlac court
October 29, 2024, 5:37 pm
MANILA – The Commission on Elections (Comelec) on Tuesday formally charged dismissed Bamban mayor Alice Guo before the Capas, Tarlac Regional Trial Court (RTC) for allegedly committing material misrepresentation when she filed her Certificate of Candidacy (COC) for the May 2022 polls.
In a criminal information filed by its law department, the poll body accused Guo of violating Section 74 of the Omnibus Election Code.
“The accused Alice Leal Guo/Hua Ping Lin Guo, did then and there, willfully and unlawfully, commit material misrepresentation by filing her Certificate of Candidacy for the position of Mayor of the Municipality of Bamban, Province of Tarlac, and declaring under oath that she is eligible for the position she seeks to be elected, when in truth and in fact, she is a Chinese citizen and a resident of Fujian, China,” it said.
The filling of an election offense case stemmed from the recommendation of the poll body’s law department, noting that the former mayor committed material misrepresentation in her COC that she erred in declaring herself as being a Filipino citizen despite being of Chinese descent.
“It is clear from the evidence presented by Complainant that there is sufficient ground to believe that Respondent committed material misrepresentation in violation of Section 74 of the OEC in relation with Section 262 of the same Code, when she declared in her COC that she is a Filipino citizen and is a resident of Bamban, Tarlac, when in truth and in fact, she is not,” the poll body said.
The recommendation also pointed out how a comparison between Guo’s declaration in her COC and the National Bureau of Investigation’s Alien Fingerprint Card under the name of Hua Ping Lin Guo would prove that she deliberately made false representations pertaining to her qualifications for elective office, specifically her lack of citizenship and her failure to meet the residency requirement.
In her COC, the then mayoral candidate declared her name as Alice Leal Guo; citizenship as Filipino; birthplace in Tarlac, Tarlac; birthday on July 12, 1986; and has been residing in the Philippines for 35 years and two months and of Bamban, Tarlac for 18 years and two months on day before the Election Day.
On the other hand, the NBI Alien Fingerprint Card showed her name as Hua Ping Lin Guo; citizenship as Chinese; birthplace in Fuiian, China; birthday on Aug. 31, 1990; and is a resident of Fujian, China as of March 2006.
An election offense case carries the penalty of one to six years imprisonment, disqualification to hold public office, and removal of the right to vote. (PNA)
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选举委员会向塔拉克法院提起针对郭华萍的选举违规诉讼
马尼拉——选举委员会（Comelec）周二在塔拉克省卡帕斯地区审判法院（RTC）正式指控被解职的班班市市长艾丽斯·郭（Alice Guo），指控她在提交 2022 年 5 月选举的候选人证书（COC）时犯有重大虚假陈述。
该民意调查机构在其法律部门提交的刑事信息中指控郭华萍违反了《综合选举法》第 74 条。
法院称：“被告郭华萍/郭华萍在提交塔拉克省班班市市长候选人证书时，故意、非法地犯下重大虚假陈述，并宣誓称她有资格竞选该职位，而事实上，她是中国公民，居住在中国福建省。”
民意调查机构表示：“从投诉人提供的证据可以清楚地看出，有充分理由相信，被投诉人在其公民证明中声称自己是菲律宾公民并居住在塔拉克省班班，但事实上她并不是，这违反了《菲律宾选举法》第 74 条与第 262 条，构成了重大虚假陈述。”
该建议还指出，将郭在公民身份证明中的声明与国家调查局郭华萍名下的外国人指纹卡进行比较，可以证明她故意对她的当选资格作出虚假陈述，特别是她缺乏公民身份和未能满足居住要求。
这位当时的市长候选人在她的竞选宣言中声明，她的名字是 Alice Leal Guo；国籍是菲律宾人；出生地是塔拉克省；生日是 1986 年 7 月 12 日；截至选举日前一天，她已在菲律宾居住了 35 年零两个月，并在塔拉克省班班居住了 18 年零两个月。
另一方面，国调局外国人指纹卡显示，她的名字为郭华萍，国籍为中国，出生地为中国福建，生日为 1990 年 8 月 31 日，自 2006 年 3 月起居住于中国福建省。
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Comelec files material misrepresentation raps vs Alice Guo
The Commision on Elections (Comelec) formally filed charges against dismissed Bamban, Tarlac Mayor Alice Guo for allegedly committing material misrepresentation in her candidacy in the 2022 elections.
In an information filed October 26, the Comelec accused Guo of violating Section 74 of the Omnibus Election Code (OEC) when she filed her certificate of candidacy (COC) for mayor in the 2022 polls despite being a Chinese citizen.
“That on or about October 1, 2021, and during the period for the filing of Certificates of Candidacy in connection with the May 9, 2022 National and Local Elections in the Municipality of Bamban, Province of Tarlac, and within the jurisdiction of this Honorable Court, the accused Alice Leal Guo/Hua Ping Lin Guo, did then and there, willfully and unlawfully, commit material misrepresentation by filing her COC for the position of Mayor of the Municipality of Bamban, Province of Tarlac, and declaring under oath that she is eligible for the position she seeks to be elected, when in truth and in fact, she is a Chinese citizen and a resident of Fujian, China,” the poll body said.
The charges were filed before the Tarlac Regional Trial Court (RTC).
Last week, Comelec Chairperson George Erwin Garcia said the poll body will formally file charges against Guo after her camp failed to submit a motion for reconsideration against an earlier resolution, wherein the Comelec en banc adopted the recommendation of its law department to file information against the dismissed mayor before an RTC for violating Section 74 of the OEC in relation to Section 262.
Garcia also said the poll body will file a motion with the Tarlac RTC to transfer the venue of Guo’s trial.
“Hindi po ito dahil wala tayong tiwala sa ating korte. Sobra po ang pagtitiwala ng Comelec sa ating hudikatura, sa mga huwes. Subalit siyempre po, tatandaan natin na nandoon tayo sa isang lugar na ‘yun mismong safety at security ng witnesses at mga lawyers natin ay atin din pong pinoprotektahan,” he said earlier.
(This isn’t because we don’t trust our courts. The Comelec fully trusts in our judiciary, in our judges. However, of course, we should remember that we are in a place where the safety and security of our witnesses and lawyers are also our responsibility to protect.)
Guo is facing charges for graft, qualified human trafficking, money laundering, and tax evasion for her alleged involvement in the Philippines Offshore Gaming Operator (POGO) hub in her town.
Guo was dismissed from her post as Bamban mayor in August.
The Department of Foreign Affairs canceled Guo’s Philippine passport after it was discovered that her biometrics match those of Chinese passport holder Guo Hua Ping in the files of the National Bureau of Investigation.
Guo expressed her intention to run for the 2025 midterm elections but later announced her withdrawal from the mayoral race in Bamban.
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