Joseph Azil Buena

Commission on Elections (COMELEC) Chairperson George Garcia on Oct. 4 said they will consider ‘crucial’ Office of the Ombudsman rulings as grounds for disqualification for aspirants seeking for government seats, particularly dismissed Bamban mayor Alice Guo.

Photo Courtesy of House of Representatives/Office of the Ombudsman Philippines.

This follows as the dismissed mayor’s camp announced on the same day that the detained Guo will file her certificate of candidacy (COC) through a representative on Oct. 8, the final day for COC filing.

"Mukha ho kasing may ibinigay sa amin na desisyon ang Office of the Ombudsman patungkol sa kanya [Guo]... but as far as the COMELEC is concerned, we will enforce or implement the Ombudsman's decision," Garcia said in a media briefing.

Garcia explained that the COMELEC is required to accept her COC for now and it is already a separate issue if her name will continue to be on the ballots as the poll body screens all aspirants’ COCs after the filing period.

The COMELEC, during the filing period, does not have the power to reject or pre-evaluate COCs.

The poll body chief adds that should Guo formalize her bid, she may still face disqualification due to a decision of the Ombudsman to ‘perpetually disqualify’ her from office, and should then secure a temporary restraining order before COMELEC starts printing ballots.  

"Kapag ang isang tao na-perpetually disqualified to hold public office dahil may decision of the Office of Ombudsman, ika-cancel po ang candidacy niya kahit pa 'yung taong 'yan ay naka-appeal sa Court of Appeals (CA), unless mag-issue ng TRO ang CA doon sa kanyang kaso sa Office of the Ombudsman," Garcia said.

He asserted that all these measures apply to anyone with a similar situation to Guo.

The COMELEC is also set to release its final ruling on misrepresentation complaints, including the case against Guo, who has been accused of faking her Filipino identity, along with other similar cases, before October 30.

‘Perpetual disqualification’

According to the COMELEC, an aspirant’s COC can be disqualified if they are declared a nuisance candidate, facing misrepresentation complaints, or perpetually disqualified from public office by the Ombudsman.

Garcia, at a briefing, stressed that the third was the most crucial and that they shall follow the ruling.

"Ang pangatlo ang pinaka-crucial... sinabi namin, kikilalanin ng COMELEC ang desisyon ng Office of the Ombudsman. Kahit pa ito ay nakaapela sa mas mataas na hukuman, the COMELEC can always implement and execute a decision of the Office of the Ombudsman," said Garcia.

In a 25-page decision on August 13, the court  Office of the Ombudsman dismissed then-suspended Bamban, Tarlac Mayor Alice Guo for grave misconduct, forfeiting her retirement benefits with perpetual disqualification from public office.