The dismissed mayor, apparently, has left the country, prompting people to ask whether or not it is possible for her to do so despite the numerous cases she is currently facing.

Here’s how it works. Even if there is a pending case against her either before the court or the Department of Justice (DoJ), she can always leave the country because the right to travel is a constitutional right. In fact, such a right cannot be impaired except upon the lawful order of the court or in the interest of national security, public safety or health.

Obviously, she is not a threat to our security and is not expected to cause public mayhem or chaos. Surely, she is slapped with cases here and there, but they are not enough to prevent her from leaving. Since she is still presumed to be a Filipino (considering only the court can deny that), she can leave the country if she wants or go wherever she may want.

The only way she can be prevented is if the court would issue a Hold Departure Order or HDO or, in the case of the DoJ, if it would go to court and apply for the issuance of a Precautionary Hold Departure Order, or PHDO, while the preliminary investigation remains pending. This is a judicial prerogative. A mere lookout bulletin is not enough.

My understanding is that there is a case for qualified trafficking filed against her in the DoJ. Why the assigned prosecutors did not even bother to go to court to ask for a PHDO remains a mystery considering she is without a doubt a flight risk. This is why the powers that be should look into the issue and hold those responsible for it liable somehow.

Anyway, what about the warrant of arrest, which the Senate issued against her? Can that be used as basis to hold her? Would it make any difference if it’s the Court that issued it instead?

Actually, there are really no specific rules on this. Usually, a person may leave despite the presence of a warrant if the same is not detected. Why? Because, it is not the job of the Bureau of Immigration to pursue such an arrest. Its jurisdiction is merely to implement derogatory records as received from courts, the Interpol, foreign governments, and other competent authorities. Now, assuming the immigration officer is able to see from the database that there is a pending warrant, he can hold the person temporarily and contact the NBI or the police to arrest the individual.

In the case of Alice Guo, everyone knows there is a warrant issued against her. If it’s true that she was able to leave the country through immigration, then heads should roll. What should have been done was to detain her at the airport until the arrival of arresting officers.

Unfortunately, how she was able to leave the country is still not certain. Some reports indicate she boarded a private plane, while others allege she went through normal procedure except there is no record of her travel.

Either way, what bothers me really is how a foreigner like her is able to secure a legitimate passport and birth certificate. If these documents were not issued to her in the first place, she would not have been able to even run for mayor. Certainly, the only way a foreigner can become a citizen is if she gets naturalized. How she was able to circumvent this and allegedly become Filipino should be the crux of the matter. Sadly, in the spirit of grandstanding, those investigating her don’t find that issue controversial enough in aid of re-election.

Hopefully, authorities can ultimately find her. Why concerned agencies allowed her to just leave is just plain regretful. For how can they miss her? Everyone knows her. She is that recognizable. In fact, even if she used her Chinese Passport to leave, those at the immigration should still be able to spot her. Why? Because she sticks out her tongue when she talks.