SENATE President Francis Escudero yesterday said the burden of proof that Bamban, Tarlac Mayor Alice Guo is not a Filipino citizen is on her “accusers,” adding she is the holder of a Philippine passport.
During the Kapihan sa Senado media forum, Escudero said there is always the presumption that Guo is a Filipino citizen since she was able to run for mayor in the 2022 elections.
He said his colleagues in the Senate may have reasons to doubt the real citizenship of Guo but given the documents the mayor has in her possession she is presumed to be a Filipino citizen.
Escudero, who recently took over as Senate president from Sen. Juan Miguel Zubiri, said Guo can only be removed from office through a quo warranto petition filed by the Office of the Solicitor General that will question her qualifications, her citizenship, and “prove in court that she’s not qualified.”
During last Tuesday’s Committee on Women hearing, senators said there were a lot of inconsistencies in Guo’s birth certificate that was issued by the Philippine Statistics Authority, including the fact that her biological mother and father have no records with the PSA.
Senate deputy minority leader Risa Hontiveros, who chairs the committee, said China does not allow its citizens to have dual citizenship so the mayor’s father, Angelito Guo, who holds a Chinese passport, cannot be a Filipino citizen.
“But the presumption (that she is a Filipino citizen) remains. She was able to run for office, she is a registered voter, she is a Philippine passport holder. Those who are saying that she is not (a Filipino citizen) should be the one to prove it,” Escudero said.
Escudero recalled the case of Sen. Grace Poe who was dubbed a “foundling” because her true parents were unknown. Poe was adopted by the late actor Fernando Poe Jr. and his wife, Susan Roces.
“But the Supreme Court declared presumptively that she is a (Filipino) citizen, kasi because you cannot deprive a child of his or her citizenship,” Escudero said, referring to Poe.
He said the citizenship of Poe was also questioned when she first ran for office in 2013.
“There’s a basic principle in law: He who alleges must prove the same. Iyong nag-allege na hindi, dapat patunayan. Kung mapapatunayan eh di dapat tanggalin (those who allege that she is not a Filipino citizen should prove it. If proven she is not a citizen, then she should be removed from office),” Escudero said of Guo.
He said the Commission on Elections cannot be blamed for not verifying the citizenship of any candidate since its job is to accept Certificates of Candidacy.
“In fact, the Comelec cannot (outright) disqualify (a candidate) because if it is allowed to disqualify, it can do so once the administration dislikes a candidate,” he said.
Escudero was also cold to the proposal of some of his colleagues to totally ban Philippine Offshore Gaming Operators due to the crimes associated with the gaming hubs.
He said it would be unfair if lawmakers would zero in on POGOs while turning a blind eye and a deaf ear to crimes happening in local casinos.
He said the best thing the government should do is to shut down POGOs being used as a front for illegal activities and not ban POGOs altogether since they are a rich source of revenue.
He also noted that POGOs are exclusive to foreign players while casinos are open to everyone, including Filipinos.
Escudero said law enforcement agencies should get their acts together in closing down illegal POGOs.
“My point is a crime is a crime no matter who does it, whether it was committed in a legal or illegal venue. If illegal, then we should stop it. Let me ask you, shall we train our sights on POGOs who are exclusive to foreigners, and then turn a blind eye on local casinos and other gambling activities in the country? If we really want to cleanse the gambling industry, if we really want to ban them, we might as well ban them altogether. Let us not focus on just one thing. It is unfair that we are focusing on one and neglect the others,” he said.
He said the decision to stop POGO operations relies on the executive “until and unless Congress passes a law prohibiting it.”
Senators Sherwin Gatchalian and Risa Hontiveros have been pushing for a total ban on POGOs, saying the crimes committed by their personnel and operators outweigh the economic benefits derived from them.
They added that POGO hubs are also being used as scamming centers like the one raided in Bamban, Tarlac last March.
CAN SEEK RE-ELECTION
Even if Guo is slapped with a preventive suspension, this will not be enough to prevent her from seeking re-election in the May 2025 polls.
The Commission on Elections (Comelec) said Guo can still file her Certificate of Candidacy for the coming national and local polls.
“In such a scenario, we will be accepting her COC. A suspension by the DILG (Department of Interior and Local Government) will not bar her from filing her COC with the Comelec,” Comelec chief George Garcia said in an interview, adding a preventive suspension is not grounds for disqualification.
Under the Omnibus Election Code, any person who has been declared insane or incompetent or has been sentenced by final judgment for subversion, insurrection, rebellion, or for any offense with a penalty of more than 18 months or a crime involving moral turpitude shall be disqualified from becoming a candidate.
“When a local official is suspended, it is not tantamount to final conviction or judgment in a case. In the meantime, she can still run,” said Garcia.
“We will just cross the bridge when we get there,” said Garcia.
The DILG had recommended to the Office of the Ombudsman the issuance of a preventive suspension against Guo, citing “troubling findings of serious illegal acts.” — With Gerard Naval
