Comelec OKs filing of material misrepresentation rap vs. Guo

MANILA – The Commission on Elections (Comelec) has approved the filing of a material misrepresentation case against dismissed Bamban, Tarlac mayor Alice Guo over her candidacy in the May 2022 polls.

In a resolution Tuesday, the Commission en banc gave credence to the proposal of its Law Department regarding the violation of the respondent of Section 74 of the Omnibus Election Code (OEC) in relation to Section 262 of the same code (Material Misrepresentation).

"The Commission resolved, as it hereby resolved, to adopt the recommendation of the Law Department to the filing of information against respondent Alice Leal Guo/Hua Ping before the proper Regional Trial Court for violation of Section 74 in relation Section 262 of the Omnibus Election Code," it said.

It noted that Guo failed to prove that she had renounced her Chinese citizenship, which is the first condition that violated the OEC.

"Assuming arguendo that Respondent really resided in the Philippines more particularly at Bamban, Tarlac for the past eighteen (18) years and two (2) months before the 2022 NLE, this does not prove that she has abandoned her Chinese citizenship. Verily, Respondent is not a Filipino Citizen, and there is no factual basis to support that she renounced her Chinese citizenship. Respondent is not a natural-born Filipino citizen, or even by naturalization. Thus, the existence of the first condition of material misrepresentation is beyond question," the poll body said.

The Comelec said the second condition indicating that the dismissed mayor committed material misrepresentation was also apparent.

"The deliberate act of misrepresentation by Respondent is bolstered by the fact that she executed and notarized her COC (certificate of candidacy) under oath before a notary public, which serves as a formal acknowledgment that she affirmed the veracity of the entries contained therein," it added.

Material misrepresentation requires the presence of two conditions – that the misrepresentation refers to qualifications for elective office; and that the misrepresentation is a deliberate attempt to mislead, misinform, or hide a fact which otherwise renders a candidate ineligible.

The seven-member panel also agreed on the matching of fingerprints by the respondent and Hua Ping Lin Guo.

"Based on the evidence presented, including the dactyloscopy report from the National Bureau of Investigation (NBI) revealing matching fingerprint patterns, as well as the Election Records and Statistics Department's (ERSD) signature examination report and dactyloscopic report, there are significant similarities in the signature and fingerprint specimens of the Respondent and Hua Ping Guo. Therefore, it is reasonable to conclude that Respondent and Hua Ping Lin Guo are likely one and the same individuals," the resolution said.

Guo ran in the 2022 polls and won the mayoralty race in the town. (PNA)