The Commission on Elections (Comelec) en banc has approved the recommendation of the poll body's fact-finding panel to file a case of material representation against suspended Bamban, Tarlac Mayor Alice Guo.
In a memorandum dated August 6, the Comelec en banc said that it adopted the recommendation of the law department and directed it to file a motu propio complaint and conduct a preliminary investgation against Guo for material misrepresentation in violation of Section 74 in relation to Section 262 of the Omnibus Election Code (OEC).
Comelec Chairman George Erwin Garcia said in an ambush interview that Comelec's preliminary investigation usually lasts for two to three weeks before the case is submitted for resolution.
He said that the violation was discovered by the law department when Guo filed her COC in October 2021.
"Ang violation nadiskubre po ng law department at sumang-ayon ang [Comelec] en banc ito pong filing ng COC nung October 2021. Nung magfile, may katanungan dun: 'Ikaw ba ay isang Filipino citizen?' Pumirma, sumagot at the same time, may pinanumpaan [na] Filipino citizen (The violation was discovered by the law department and the Comelec en banc agreed to this in connection with the COC filing in October 2021. When she filed, there was a question there: 'Are you a Filipino citizen?' She signed, answered, and swore that she's a Filipino citizen)," Garcia said.
"Kung hindi pala Filipino citizen, may pagsisinungaling. Iba pa po yung kasong pagsisinungaling na tinatawag nating perjury, kapag pinanumpaan (If she's not a Filipino citizen, she lied. But this is a different case which we call perjury, when it's under oath)," he added.
Garcia explained that under the OEC, there's misprepresentation if a person makes it appear that they are qualified or eligible.
The poll body's fact-finding team announced recently that it has found enough basis to file a motu propio election offense case against the local official.
This was for allegedly committing material misrepresentation in her Certificate of Candidacy (COC) in relation to the May 2022 national and local elections.
“Napatunayan din ng investigation panel na ang lahat ng fingerprints nung anim na tao - dalawa sa National Bureau of Investigation (NBI), isa sa Bureau of Immigration (BI), tatlo sa COC, application for voter registration, at Election Day Computerized Voters List (EDCVL) ng Comelec - lahat yan pare pareho at isang tao lang may-ari ng fingerprints na ito (The investigation panel proved that the fingerprints of six people, two from the NBI, the BI, three from the COC, application for voter registration and EDCVL of Comelec--all of them are the same and only one person owns these fingerprints)," Garcia said in a previous interview.
The poll chief has also mentioned earlier that if a court finds her guilty and the decision becomes final and executory, Guo will face perpetual disqualification to hold public office and no pardon can given, even by the President, without Comelec's consent.