The camp of dismissed Bamban, Tarlac Mayor Alice Guo will need to answer before the Commission on Elections (Comelec) on their failure to submit her counter-affidavit on misrepresentation charge.

Comelec chairperson George Garcia said Guo’s lawyers may be considered "contemptuous" if it is proven that they filed a petition to extend the deadline for submitting the counter-affidavit when she is no longer in the country.

“Now it is, indeed, confirmed that Guo is abroad. We want to know that when the motion for extension was filed with us accepting the subpoena, was Guo really not in the Philippines anymore? So what’s being extended? Then who will answer the accusation if there’s no one in the Philippines? Even the lawyer has to explain to the Law Department that will be recommended to the Comelec En Banc," Garcia said in Filipino.

“Of course, let's look at the circumstances, if she really left so as not to return or escape the cases here in our country, in our opinion this is contemptuous, that is, to the power of the court and to the power of the Commission on Elections,” he added.

The 4th of September was the last day given to Guo’s camp to file a counter-affidavit after receiving a subpoena for material misrepresentation in her Certificate of Candidacy in the 2022 polls.

Comelec issued the subpoena on 13 August.

The original deadline for the submission of the counter-affidavit from the side of Guo was 27 August but her camp filed a motion for extension so it became 1 September.

It was further extended due to the ongoing bad weather.

But according to Garcia, the poll body has not yet received anything from the lawyers of the former mayor.

Garcia said the Comelec hopes to receive the counter-affidavit by the end of the day.

“Let's see what their reason is, but the question is, if she ever comes here and after she’s arrested, is she still willing to swear or appear in her misrepresentation case?” Garcia said.

“The Comelec, on the other hand, has given her the proper time to respond. Our power cannot be dependent on the whims or wishes of other people, especially if you are facing a case,” he added.

Guo was arrested in Jakarta, Indonesia on Wednesday, 4 September, at 1:30 a.m.