"She can file. But can she run?"

This was Commission on Elections (Comelec) Chairman George Erwin Garcia's short reaction to the confirmation made by lawyer Stephen David that dismissed Bamban, Tarlac mayor Alice Guo will file her certificate of candidacy (COC) next week for reelection in the same town.

Garcia has repeatedly explained that it is their ministerial duty to accept COCs of poll aspirants, but the possibility of them actually running for the position is a different matter entirely.

It can be recalled that the Office of the Ombudsman ordered Guo's dismissal after she was found guilty of grave misconduct in the 2019 acquisition of parcels of land where the Baofu compound is located.

Aside from the dismissal, Guo's retirement benefits were ordered forfeited. She was also banned perpetually from re-entering government service.

Garcia has explained that while they would accept her COC, she would have to secure a Temporary Restraining Order (TRO) from the Court of Appeals (CA) to halt the dismissal order from the Ombudsman.

On the other hand, Comelec Spokesman John Rex Laudiangco said the poll body has no moto propio powers, meaning they cannot be the one to file a petition to cancel an aspirant's COC or seek his or her disqualification.

He stated that Comelec only has moto propio powers when it comes to filing a petition to declare a bet as a nuisance candidate.

"Kaya nga po ang ipinapaliwanag na natin sa ating mga kababayan, tingnan niyo na po yung mga COC at yung mga nanliligaw ng boto ninyo, aralin niyo na po hindi lang yung qualification nila. Baka po meron kasi diyan na mayroon nang desisyon ang courts, ang tribunals na disqualified na po sila (As we have told the public, take a look at the COCs and those who are courting your votes, study them not just for their qualifications. There might be decisions already made by courts, tribunals that have disqualified them)," he said.

"So kami po tinitingnan din po namin yung mga desisyon ng [Office of the] Ombudsman, yung mga pinapatawan ng perpetual disqualification may database rin po kasi yan at immediately executory (We are also reviewing the decisions of the Ombudsman's Office, which impose perpetual disqualification, since they have a database and these are immediately executory)," he added.

There's a string of cases that have been filed against Guo including material misrepresentation from Comelec, money laundering, tax evasion, and qualified trafficking.

For the part of the Bureau of Jail Management and Penology (BJMP), they have stated that they would adhere to Comelec's regulations in case Guo runs for public office.