Government vs Guo: List of legal hurdles, cases against the Bamban mayor
Credit to Author: Ian Laqui| Date: Wed, 31 Jul 2024 14:25:00 +0800
MANILA, Philippines — The most high-profile Senate drama in the past few months centered around the identity of a town mayor, Alice Guo, who was suspended on May 31 for her alleged links to the controversial Philippine offshore gaming operators in Bamban, Tarlac.
It all started in March when Sen. Sherwin Gatchalian called on the Department of the Interior and Local Government (DILG) to look into the Tarlac official for her potential connections to a recently raided POGO hub in Bamban.
Gatchalian had learned that the Bamban mayor, Guo, applied for a license to operate for one of the POGOs, Hongsheng Gaming Technology Inc., which was raided in February 2023.
On April 8, 2024, authorities raided another POGO, Zun Yuan Technology Inc., which was located in the same compound as Hongsheng.
It was then discovered that one of the vehicles found inside Zun Yuan was registered under Guo's name.
The suspended mayor, who is currently at large, has consistently denied having benefited or facilitated the POGOs in her town.
Here's a summary of the ongoing legal cases against the suspended embattled mayor, which will be updated as the cases develop.
What transpired: On June 26, Senator Risa Hontiveros revealed an NBI document showing another woman named "Alice Leal Guo" who shares the same name, spelling and birthday as the Bamban, Tarlac mayor. This raised questions about the mayor's true identity.
That same day, after Mayor Guo was a no-show at a Senate hearing she was invited to, Hontiveros issued a subpoena compelling Guo and her family members to appear. The NBI later confirmed that the fingerprints of Mayor Guo matched those of a Chinese woman named Guo Hua Ping, who is suspected to be her real identity.
On July 10, Guo's legal team petitioned the Supreme Court to annul the Senate subpoena issued on July 1. The 78-page petition alleged that the Senate committee violated Guo's constitutional rights. It argued that the Senate "whimsically and arbitrarily discriminates against the very institution and rights it is sworn to protect."
In addition to requesting the subpoena be nullified, Guo's lawyers asked the high court for a temporary restraining order or injunction to prevent the Senate panel from requiring her attendance as a "resource person" at future hearings. The petition is part of the embattled mayor's ongoing efforts to avoid appearing before the Senate to answer questions about her alleged criminal ties.
On July 13, the Senate issued arrest warrants for the suspended mayor, her parents Jian Zhong Guo and Wen Yi Lin, and her siblings Seimen, Wesley and Sheila. They were cited in contempt for refusing to attend hearings on their alleged involvement in crimes related to Philippine offshore gaming operators.
Guo's former accountant Nancy Gamo was arrested the following day.
What’s new: The Supreme Court on July 16 required the Senate to file a comment on the petition of Guo.
What transpired: On June 21, the Presidential Anti-Organized Crime Commission (PAOCC) and the PNP Criminal Investigation and Detection Group (CIDG) filed a non-bailable qualified trafficking charge against Guo with the Department of Justice (DOJ).
The case arose from a March 13 raid by the CIDG and PAOCC on Zun Yuan, a POGO firm located on a 7.9-hectare property owned by Baofu Land Development Inc., a company associated with Guo. The property is situated directly behind the Bamban municipal hall.
In addition to Guo, the complaint named several other respondents, including:
If convicted, Guo and the other accused individuals could face life imprisonment and fines ranging from P2 million to P5 million.
Following the filing of the trafficking charges, the DOJ issued an immigration look-out bulletin against Guo and the other respondents to prevent them from fleeing the country while the case is pending.
What’s new: The preliminary investigation of the case started on July 5.
The suspended mayor and her co-respondents did not appear at the preliminary investigation on July 22. But they were granted another opportunity on August 6 following the submission of a supplemental complaint by the PAOCC and the PNP-CIDG based on the testimony of four new witnesses.
What transpired: On May 24, the DILG filed a complaint with the Office of the Ombudsman Guo and two other local officials. The complaint alleged that they allowed the issuance of a permit to Hongsheng Gaming Technology Inc., a POGO, despite the company failing to meet necessary requirements.
The DILG's complaint, which was granted by the Ombudsman, specifically noted that:
In response to the complaint, on May 31, the Ombudsman imposed a preventive suspension on Guo and the two other implicated local officials:
The suspension was issued due to their roles in granting permits to the raided POGO Hongsheng Gaming Technology Inc. despite its lack of compliance with requirements and expired PAGCOR license.
The preventive suspension bars Guo, Ocampo and Sigua from their positions for the duration of the Ombudsman's investigation into the DILG's complaint, up to a maximum of six months. The suspension is intended to prevent the officials from potentially interfering with the ongoing probe.
What’s new: On June 25, the Ombudsman denied Guo’s petition to lift the suspension against her.
“It is well to stress that a preventive suspension is not a penalty but is merely a ‘preventive measure, a preliminary step in an administrative investigation; the purpose thereof is to prevent the accused from using his position and the powers and prerogative of his office to influence potential witnesses or to tamper with records which maybe vital in the prosecution of the case against him,’” the Ombudsman’s order read.
What transpired: The Office of the Solicitor General (OSG) filed a petition to cancel the certificate of live birth of Guo on July 5.
If the petition is granted, Guo will be stripped of his Filipino citizenship.
“If her birth certificate is canceled, she will lose her most important defense evidence about her identity,” Solicitor General Menardo Guevarra said in an online message to reporters.
What’s new: On July 29, the OSG escalated their efforts by filing a quo warranto petition before a Manila Regional Trial Court seeking to formally remove Guo as the mayor of Bamban.
The state lawyers argued that Guo is unlawfully holding the position and illegally exercising the duties of mayor, citing questions about her citizenship that render her ineligible to run for public office.
The OSG also alleged that Guo committed acts of "serious dishonesty" that can warrant an official's removal under the local government code.
A quo warranto case is a special civil action against a person who usurps or unlawfully holds a public office.
If the court grants the petition, Guo will be removed from her position as mayor.
These legal actions by the OSG are part of the ongoing investigations into Guo's alleged ties to a POGO that was raided in March on suspicions of involvement in human trafficking, online scams and other criminal activities. The Senate is also investigating Guo's citizenship status and eligibility to hold public office.
What transpired: On July 9, the Anti-Money Laundering Council (AMLC) filed a petition to freeze the assets and bank accounts of Guo and her alleged partners linked to POGOs operating in town.
The Court of Appeals granted the AMLC's petition on July 10, issuing an order to freeze a total of 90 bank accounts, including those of Guo, other individuals involved in POGOs and entities tied to her.
Among the frozen assets, 36 bank accounts belong to Guo herself. The court also froze one helicopter, 12 vehicles and 12 transfer certificates of titles under Guo's name.
The freeze order took effect immediately and will last for 20 days, unless the court decides to extend it further. While the order is in effect, Guo and the other individuals named in the petition cannot access their money or other frozen assets.