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

Comelec chairperson George Garcia said Guo’s lawyers could be held in contempt if it is shown that they requested an extension of the counter-affidavit deadline when Guo was out of the country.

“Now it is confirmed that Guo was abroad. We want to know if when the motion for extension was filed with us accepting the subpoena, was Guo really not in the Philippines anymore? So what was being extended? Then who would have answered the accusation if there was no one in the Philippines? The lawyer has to explain to the Comelec law department that will make recommendations to the en banc,” Garcia said in Filipino.

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

Guo’s camp was given until 4 September to file a counter-affidavit after receiving a subpoena for material misrepresentation in her certificate of candidacy for the 2022 polls. The Comelec issued the subpoena on 13 August.

The original deadline for Guo’s counter-affidavit was 27 August, but her camp requested an extension, which moved the deadline to 1 September. It was further extended due to the bad weather.

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

“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 for 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 expected to return to the country on Thursday night after her arrest in Indonesia.