Justice Secretary Jesus Crispin Remulla believes the Bureau of Immigration (BI) should have custody of dismissed Bamban, Tarlac Mayor Alice Guo, despite the cases filed against her in court.
In a press briefing Wednesday at the Department of Justice, the DoJ chief said immigration cases should take precedence over other cases.
“To be fair to everybody, if there is one agency that should detain Alice Guo, it’s the Bureau of Immigration because an immigration case takes precedence over everything,” Remulla said.
Guo is facing violations of immigration laws for having a fake passport, being an illegal alien and trying to pass herself as a Filipino, Remulla said, pointing out the cases were non-bailable.
He said that once the situation is clarified, custody should remain with the BI, which would then need to seek permission to transport her to court for hearings.
Guo is currently detained at the Philippine National Police (PNP) Custodial Center after she was arrested by Indonesian authorities last week.
The Office of the Ombudsman has charged her with graft based on the complaint filed by the Department of Interior and Local Government in connection with her alleged links to the illegal Philippine Offshore Gaming Operator (POGO) hub in her municipality that was raided by the authorities last March.
Guo, along with her supposed siblings Shiela and Wesley and Cassandra Li Ong, of POGO hub Lucky South 99, fled the country last July despite an immigration lookout bulletin order issued against them.
Shiela and Ong were brought back to the country last 22 August after they were arrested also in Indonesia.
Shiela has been charged with violation of Article 150 of the Revised Penal Code for disobedience to a summons issued by the Senate and Section 22 of Republic Act 11983 for allegedly using a false Philippine passport.
Ong, on the other hand, faces charges under the Revised Penal Code for disobeying a summons from the House of Representatives and for obstruction of justice by harboring, concealing, or facilitating the escape of a criminal offender.
Ong’s camp seeks TRO
Ong, through her lawyer Ferdinand Topacio, has filed a petition before the Supreme Court seeking the issuance of a temporary restraining order (TRO) or a preliminary injunction enjoining the Senate and House committees investigating alleged illegal POGO activities from violating her constitutional rights to remain silent, from incriminating herself, and to have the advice of counsel during proceedings.
The petition also seeks Ong’s protection from undue pressure, influence, intimidation, or threat of verbal, mental, or physical abuse. Topacio has sought oral arguments on the petition.
Tolentino pushes Senate custody
Meanwhile, Senate Majority Leader Francis Tolentino insisted the Senate holds primary custodial rights over Guo, rather than the Regional Trial Court of Capas, Tarlac.
Tolentino referenced a transmittal sheet from the Office of the Ombudsman sent to the Executive Clerk of Court of the Third Judicial Region (RTC of Capas, Tarlac) when the Ombudsman filed charges against Guo.
He emphasized that only the Senate has a valid arrest warrant for Guo.
The transmittal sheet, dated 29 August and signed by Assistant Ombudsman Rex Reynaldo Sandoval, requested the Executive Clerk of Court to determine the appropriate judicial region in line with Office of the Court Administrator Circular 10-2024 and RA 10660, which strengthens the functional and structural organization of the Sandiganbayan.
“This indicates that Capas, Tarlac lacks jurisdiction. The executive judge has been given authority to select the nearest judicial region,” Tolentino said during Tuesday’s Senate plenary session.
“As of today, the Senate’s warrant of arrest is the only valid warrant in existence,” he said.