MANILA – The Commission on Elections (Comelec) on Tuesday approved the recommendation of its fact-finding investigation team to file criminal charges against Bamban, Tarlac Mayor Alice Guo for committing material misrepresentation in her certificate of candidacy (COC) when she ran in the May 2022 polls.
In Minute Resolution No. 24-0559, the Comelec en banc also adopted the panel's recommendation to conduct a preliminary investigation against Guo for "violation of Section 74 in relation to Section 262 of the Omnibus Election Code."
Last week, the panel submitted its recommendation where it found sufficient factual bases to proceed with a preliminary investigation and file a motu proprio complaint against Guo.
They also reported that they found out how Guo and a certain Guo Hua Ping are "one and the same person."
In an interview, Comelec chairperson George Erwin Garcia said the preliminary investigation may take two to three weeks.
After Guo's camp has been given a chance to respond, the case can be submitted for resolution.
“Kung sabihin ng Law Department na dismiss na lang at tama ang argumento ng respondent, wala tayo pag-uusapan. Pag sinabi naman na may probable cause, titingnan saan dapat magfile ng information laban sa respondent (If our Law Department says it should be dismissed because the respondent's arguments are correct, we will not talk about anything anymore. If it says there is probable cause, we would determine where an information against the respondent can be filed),” Garcia said.
He said an election offense case can be filed before a regular court.
Material misrepresentation in the COC is considered an election offense under the Omnibus Election Code if it is committed in the qualifications for elective office and with a deliberate attempt to mislead, misinform or hide a fact which would otherwise render a candidate ineligible. (PNA)
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