SolGen files petition to cancel Mayor Guo's birth certificate

MANILA, Philippines — Solicitor General Menardo Guevarra announced on Friday that the Office of the Solicitor General (OSG) has petitioned for the cancellation of suspended Bamban, Tarlac mayor Alice Guo's certificate of live birth.

In a message to reporters, Guevarra said that the OSG filed the petition on behalf of the Philippine Statistics Authority before a Regional Trial Court in Tarlac City.

According to the Solicitor General, the cancellation of the suspended mayor’s birth certificate can be a basis for filing a quo warranto petition to remove Guo from her post as mayor.

“If her birth certificate is canceled, she will lose her most important defense evidence about her identity,” Guevarra said in an online message to reporters. 

However, Guevarra said that the issue of her alleged foreign citizenship would be addressed separately in the quo warranto petition.

If proven not to be a Filipino citizen, the Presidential Anti-Organized Crime Commission (PAOCC) previously said that Guo could be stateless.

“No country will accept her. Let us remember that China has no dual citizenship, and based on what was told by our Chinese counterparts, because she gave up her ‘Chinese citizenship’ and she obtained Philippine citizenship and passport, she has lost her right as a Chinese citizen,” PAOCC spokesperson Winston Casio said in an interview with OnePH on June 29.

Guo's identity has come under scrutiny due to her suspected ties to Philippine offshore gaming operator hubs raided by authorities.

On June 27, the National Bureau of Investigation (NBI) revealed the fingerprints of the suspended mayor and a certain Chinese national named Guo Hua Ping matched.

The NBI's database also uncovered two individuals named Alice Leal Guo sharing the same name, birthday and birthplace.

Meanwhile, Guevarra pointed out that the cancellation of Guo’s certificate of live birth is not a requirement for a quo warranto petition as the latter can be “supported by preponderant independent evidence.”

“It’s (quo warranto) not dependent on the outcome of the cancellation petition,” Guevarra said.

A quo warranto case is a special civil action against a person who usurps, intrudes into or unlawfully holds, or exercises a public office without lawful authority to act..

Rule 66 of the Rules of Court stipulates that the OSG shall initiate a petition for quo warranto in an RTC, Court of Appeals, or at the Supreme Court. 

If the court grants a petition for quo warranto, the official being assailed will be removed from office.

Preliminary investigation starts

The preliminary investigation for the non-bailable trafficking in persons complaint filed at the Department of Justice has commenced on Friday.

The complaint was previously filed by the PAOCC and the Philippine National Police-Criminal Investigation and Detection Group last month.

Guo’s camp is expected to submit their counter-affidavits on July 22.