Bamban, Tarlac Mayor Alice Guo. Photo from Mayor Alice Leal Guo Facebook

MANILA – The Presidential Anti-Organized Crime Commission filed an opposition to the admission of former Bamban, Tarlac mayor Alice Guo’s counter-affidavit by the Department of Justice.

In their opposition, the PAOCC said it was doubtful if Guo had indeed gone to a notary public in San Jose Del Monte, Bulacan for her counter-affidavit, following reports that she had left the Philippines as early as July. 

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“The doubt on respondent Guo's presence or absence in the country since 18 July 2024 puts into question, the possibility of her appearing before a notary public, much less, subscribe and swear by the Counter-Affidavit, now sought to be admitted,” PAOCC said in its opposition.

The counter-affidavit of Guo was submitted to the DOJ panel of prosecutors past the deadline after her case was deemed submitted for resolution. 

Guo is facing a qualified human trafficking complaint filed by PAOCC and the Philippine National Police, aside from tax evasion filed by the Bureau of Internal Revenue. 

The PAOCC said that Guo was not even present when her counter-affidavit for the human trafficking complaint was submitted to the DOJ.

“In fact, respondent Guo did not personally appear before any of the members of the Panel to submit her motion and its attached counter-affidavit,” the PAOCC said. 

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The lawyer who notarized the counter-affidavit of Alice Guo insisted Tuesday that he saw the dismissed Bamban, Tarlac mayor personally on the night of Aug. 14. 

A Supreme Court ruling in 2018 said "a notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him to attest to the contents and truth of what are stated therein."

"Mag-a-alas-7 po yata yon ng gabi ng August 14, Wednesday... Ni-refer siya ng isang kasama na ang pangalan ay 'Allan', nilapit niya sa akin para magpa-notaryo," Elmer Galicia said in an interview with DZRH.

Notary insists he saw Alice Guo on Aug. 14 amid reported escape

Meanwhile, the Commission on Elections is waiting for Guo’s counter-affidavit on the separate misrepresentation complaint against her, the deadline of which is on Aug. 27. 

“Pinapanumpaan ng notary publiko na talagang ang nanunumpa sa kanya ay humarap sa kanya personally. Hindi ka naman pwedeng magpanumpa ng hindi naman personally haharap dyan,” Comelec Chairman George Erwin Garcia said. 

(The notary public also swears, attests that the person was physically present when the affidavit was done)

“Kung talagang magkakaroon ng isang kasulatan na pinanumpaan, siyempre magiging interesting sa komisyon, paano napirmahan yun sa harapan ng lawyer. Talaga bang naaandito. At hihingan siyempre ng mga impormasyon at circumstances na paano yung mga pagpapapirma na yan,” he added.

Asked if the Comelec will require the notary public to appear before them, Garcia said: “Wala naman pong makakapigil sa Comelec.”