What Happens if Alice Guo Is Proven to Be A Chinese Citizen?

(SPOT.ph) With every inquiry, more questions are left unanswered.  

This is the curious case of Bamban Mayor Alice Guo, whose supposed life story could rival a soap opera plot. Unlike in teleseryes, however, what she says could have truly grave effects on our very real world.  

It’s easy to get lost in the memes that have erupted from the Senate hearings but what is actually at stake if Guo is proven to be a Chinese citizen unlawfully holding a local government post? 

Senator Risa Hontiveros asked this important question to Commission on Elections (COMELEC) Chairman George Garcia in the Senate hearing of May 22—and the latter identified two potential charges against Guo if she is not who she says she is: election offense and perjury.

Let's walk you through it.

There are basic requirements to run for office in the Philippines. Such requirements ensure that those in government positions are loyal to the country and its interests. The Local Government Code states the following requirements for aspiring candidates in local posts, from provincial governor to city/municipal councilor:

• A citizen of the Philippines
• A registered voter in the municipality, city, province, or district where he/she intends to be elected
• Able to read and write Filipino or any other local language or dialect

Misrepresentation or providing false information in one's Certificate of Candidacy (COC) is considered a severe election offense. Given that the COC is filed under oath, Guo can also be charged for perjury if it is proven that she knowingly lied in her COC.

The legal consequences? Prison time, along with perpetual disqualification to hold public office in the future once convicted.

“Misrepresentation," Garcia said in the Senate hearing, "is an election offence [that is] punishable by three to six years imprisonment.”

Also read: Who Is Alice Guo, the Bamban Mayor Whose Nationality Is Under Question?

Is the COMELEC to blame?

Guo's rise to the position of mayor in Bamban alongside her inability to recall the specifics of her birthplace and childhood has undoubtedly raised eyebrows. This is further complicated by her alleged involvements with POGO establishments.

So is the COMELEC to blame if it turns out Guo lied in her COC? 

The answer is no. Garcia explained that the COMELEC’s role is limited to performing specific duties as required by law, without exercising personal judgment or discretion. This is what he called “ministerial duty.”

“The COMELEC’s duty is ministerial, kung saan tatanggapin namin ‘yung certificate of candidacy (COC) basta kumpleto ‘yung items sa form. Ito ay under oath, ibig sabihin wala kaming power to request additional documents. Hindi kami puwede magreject ng COC,” Garcia said.

Sure, the COC requires official documents that show proof of eligibility like birth certificates and barangay residences, which are issued by other government agencies, but that’s about it for COMELEC. 

In light of this, Garcia said the COMELEC’s ministerial duty is a process that may need re-evaluation. He suggested that additional documents might be necessary to ensure a more rigorous proof of eligibility in the COC. 

Can the COMELEC remove Alice Guo from power?

The COMELEC has the authority to disqualify “nuisance candidacies”—or someone who the commission believes lacks serious intention to run for office, mocks the election process, or causes voter confusion. However, disqualification based on eligibility is a lot more complex.

In the Philippines, citizenship is determined by the principle of jus sanguinis, meaning by blood or inherited from one's parents. To challenge Alice Guo’s eligibility on the grounds of citizenship, Garcia said a formal hearing would be required. This process involves investigating her family lineage up to her great-grandparents to ensure they were Filipino citizens.

If it is found that Guo does not meet the citizenship requirements, her candidacy could be nullified. When this happens, another candidate cannot be substituted in her place. This is where it gets tricky: Garcia explained that challenges to her candidacy based on eligibility must be filed within 25 days after the COC is submitted.

“After that period, wala na po jurisdiction ‘yung COMELEC,” Garcia said.

Also read: Manila POGO Club: A Night Inside Makati's Chinese Superclub

Who will replace Alice Guo as mayor?

If her candidacy is cancelled after being successfully challenged within 25 days of the COC filing, the second-placer in the election is free to take the position.

“Ang uupo ay second-placer," Garcia said, adding that according to the Supreme Court, it would be as if the removed official never ran for office. 

However, if no challenge occurs within this 25-day window but her position is later invalidated regardless of how or when, Garcia said the rule of succession will be followed, which means that the vice mayor will take her place.