The Commission on Elections (Comelec) on Monday said it has not yet received the counter-affidavit of dismissed Bamban, Tarlac Mayor Alice Guo for misrepresentation.

In an ambush interview, Comelec Chairperson George Garcia said they still don’t know if Guo will file the counter-affidavit herself or through her lawyer.

“Kinakailangan siya mismo ang humarap sa notaryo ng publiko upang magampanan ng notaryo ang kanyang tungkulin. Napakadaming katanungan na masasagot lang bukas if matuloy yung pag fi-file ng counter-affidavit (She needs to face a notary public herself so it can fulfill its duty. Many questions will only be answered if she files the counter-affidavit tomorrow),” Garcia told reporters.

On 13 August, the poll body issued a subpoena against Guo for alleged material misrepresentation in her certificate of candidacy in the 2022 polls, which came after the Comelec en banc unanimously approved the recommendation of its law department to file charges against her for misrepresentation.

Comelec last week approved the request of Guo’s camp to extend the period for filing of the counter-affidavit on the subpoena from 27 August to 1 September.

Garcia said Comelec’s law department will take action against Guo if she fails to file her response.

“Hindi naman ho kami maghihintay ng panghabambuhay (We won’t wait for her forever),” he added.

“Kung hindi po siya magfi-file sana mapag-isipang mabuti sapagkat kasong kriminal na may isa hanggang anim na taong pagkakakulong (If she doesn't file, hopefully she thinks about it thoroughly because this is a criminal case that carries a sentence of one to six year imprisonment),” he said.

Garcia also pointed out that Guo may be perpetually banned from public office.

Guo left the country in July, according to Bureau of Immigration authorities, and is believed to be in Jakarta, Indonesia.