Comelec studying evidence of Guo election offense

MANILA, Philippines —  The Commission on Elections (Comelec) is initiating the process for the possible filing of an election offense against suspended Mayor Alice Guo of Bamban, Tarlac.

Comelec Chairman George Garcia said that Guo cannot escape criminal liability since the election offense she supposedly committed is still within the prescriptive period.

“Violation expires after five years. If the violation is in 2022, it’s less than five years. Therefore, we still have jurisdiction to file a case,” Garcia told reporters yesterday.

“If you can get away from administrative liability, you cannot escape criminal liability,” he added.

Garcia said he would direct the Comelec law department to start looking into the case against Guo based on recent findings.

“Of course, it’s better to wait for the Senate committee report itself,” he said.

The Comelec chief welcomed the pronouncement of the Office of the Solicitor General (OSG) on the filing anytime of a quo warranto petition against Guo.

“We can use the content of the quo warranto petition as a basis, so that we can see if there really was a misrepresentation,” he said.

If there are pieces of evidence, the Comelec can file election offense against Guo because misrepresentation in the filing of the certificate of candidacy is prohibited, according to Garcia.

Aside from misrepresentation, he said Guo may also face charges of perjury and falsification of documents.

Garcia added that the Comelec wants to ensure that the case to be filed against Guo would be foolproof.

“We don’t want to file a case that will be dismissed; it’s embarrassing. The case needs to be strong,” Garcia said.

He added that the filing of the petition by the OSG is proof that the case against Guo is strong.

Death threats

Following this development, officials of the Presidential Anti-Organized Crime Commission (PAOCC) and witnesses against illegal Philippine offshore gaming operator (POGO) hubs have been receiving death threats.

While receiving threats is normal for them, PAOCC executive director Undersecretary Gilbert Cruz yesterday expressed concern about the efforts from personalities connected with POGOs who are trying to reach out to witnesses in an effort to retract their statements.

“The only thing that scares us is that our witnesses are creeped out, the witnesses are also receiving threats,” Cruz said in an interview over dwPM radio.

The PAOCC was responsible for the raids at Zun Yuan Technology Inc. in Bamban, Tarlac and Lucky South 99 in Porac, Pampanga, two suspected illegal POGO hubs.

The POGO firms are believed to be connected with Guo, an alleged Chinese national accused of stealing the identity of a Filipina.

Cruz said the personalities he is referring to have resources at their disposal, from money and connections to threaten their witnesses.

“They can dazzle the witnesses and scare them,” he added.

The PAOCC official disclosed that they are also receiving threats from people whom he did not identify to derail them in their operations.

He shrugged off these threats, stressing that they are just fulfilling their mandate of putting a stop to the operations of illegal POGO hubs in the country.

Based on PAOCC records, there are around 300 POGO firms in the country, the bulk of them in Metro Manila, according to Cruz.

There are 46 legal POGOs which renewed their licenses with the state-run Philippine Amusement and Gaming Corp. (PAGCOR).

“Even if they did not renew, they are still in full operation,” Cruz said, referring to illegal POGOs.

Diversionary

PAGCOR’s revelation that a former government official took care of the gaming license of some illegal POGOs could be a diversionary tactic, according to Sen. Sherwin Gatchalian.

“That is a possibility,” Gatchalian said yesterday when asked by reporters about the purpose of floating the involvement of former Cabinet members.

The senator, however, emphasized that accountability or responsibility would not be removed in relation to the recent discovery of illegal POGO operations particularly in Bamban, Tarlac and Porac, Pampanga.

“PAGCOR’s accountability will not be removed; for me, their accountability is still there,” he said.

PAGCOR chairman and chief executive officer Alejandro Tengco earlier said he would reveal in the proper forum the name of the former Cabinet member who lobbied for the illegal POGO.

Gatchalian challenged Tengco to name the former official who could prove that POGO has connections with some high government officials.

“I hope they name this person because it proves that the POGO has connections with our ranking officials. This is proof that their connection extends to different ranks of the government,” Gatchalian said.

Asked if he had information on who this former official is, the senator said he is hearing something, but had no solid evidence yet.

Based on PAGCOR’s PR, this was a former Cabinet member, according to Gatchalian.

“But when he was an incumbent Cabinet member, I understood that he was lobbying there. And because he is a high-ranking official, he obviously has a lot of acquaintances, a lot of networks and is influential. We see a pattern in POGO where they hire influential people to get permits, go through paperwork,” the senator said.

Sen. Juan Miguel Zubiri also asked Tengco to name names “so we can really know.”

“Let’s know who it really is, and I think in a proper forum. Sen. Gatchalian, who is with us, will be asking chairman Al Tengco who that is,” Zubiri said.

“And of course, that person will be responsible because if he is an ex-Cabinet member and they’re pushing for illegal POGOs, that’s a different matter. So, let the axe fall as it may, as long as it can be proven that they really pushed these illegal POGOs,” he added.

Serious concern

For Gatchalian, the involvement of a former Cabinet member in the lobbying for POGOs is a serious concern as it indicates that criminal syndicates have successfully penetrated government agencies.

In an interview with “Storycon” aired on One News, the senator said Tengco should not lose time and immediately reveal the name of the official.

Gatchalian added that POGO is the “gateway” of criminal syndicates from China.

“After monitoring this problem in our country, we get a lot of information from the enforcers themselves. And we have a few names in mind, but I will let PAGCOR disclose that information,” he said.

Tengco’s revelation indicates that POGO companies and entities are already well-entrenched in the government, according to Gatchalian.

The senator stressed that POGO companies slowly spreading across various government agencies would be a big problem because it is very difficult to uproot them.

Gatchalian also expressed belief that POGOs, by the very nature of their operations, are “illegal.”

“In fact, illegal POGOs have once upon a time been legal POGOs,” he said.

Licensed

Meanwhile, a senior administration lawmaker from the House of Representatives yesterday called on PAGCOR to reveal the list of all POGOs it had given license to in the country.

Surigao del Norte 2nd District Rep. Robert Ace Barbers, who chairs the House committee on dangerous drugs, urged Tengco to disclose the names of legitimate POGOs that had been given licenses and accreditation by the regulatory agency.

“POGOs, whether licensed, legitimate or illegal, are nothing but fronts for criminal activities,” Barbers said, asking Tengco as well to cooperate with Congress and make public all POGOs operating without licenses.

“Ranging from money laundering, drug trafficking, human trafficking, protecting criminal syndicates engaged in murders, kidnapping, torture, rape and up to engaging in POGO politics, name it and surely, it is all there. POGO is the one-stop shop of criminal activities,” Barbers added.

Reforms

Immediate reforms in the system of registration of birth certificates is seriously needed to prevent another Guo Hua Ping or Alice Guo or other foreign spies from manipulating the system and freely enter and operate in the country, according to Gatchalian.

“The late registration process is something that we have to take seriously. Foreign nationals can take advantage of later registration, they move around, do business that they want to do as Filipinos,” he said.

He expressed belief that Guo’s case is just the “tip of the iceberg.” –  Emmanuel Tupas, Cecille Suerte Felipe, Jose Rodel Clapano, Delon Porcalla