The graft case against dismissed mayor Alice Guo filed before the Regional Trial Court (RTC) Branch 109 in Capas, Tarlac has been transferred to Valenzuela City.
In a virtual press briefing Friday, Senate Majority Leader Francis Tolentino announced the decision of RTC 109, canceling the scheduled arraignment and pre-trial of Guo this afternoon.
“Ang huling balita ko, ita-transfer na nila itong kaso sa tamang RTC at hawak-hawak ko ngayon ang isang transmittal letter nung criminal case ni Alice Guo na naglalaman na papunta na po ang dokumento lahat nung kaso sa Regional Trial Court of Valenzuela (The last time I heard is that they will transfer this case to the appropriate RTC, and I am now holding a transmittal letter of Alice Guo’s criminal case which contains that all the documents in the case are going to the Regional Trial Court of Valenzuela),” Tolentino said.
Since Valenzuela has multiple court branches, Tolentino said there will be a raffle to determine the judge and the branch that will handle Guo’
s case.
The Clerk of Court in Valenzuela confirmed that they have received Guo’s case folders at 8:10 a.m. Friday, and scheduled the case raffle on Sept. 19.
During the last Senate hearing with Guo, Tolentino argued that the graft case against the dismissed mayor shouldn’t have been filed in Capas, in accordance with Republic Act (RA) 10660 or An Act Strengthening Further the Functional and Structural Organization of the Sandiganbayan.
“Sang-ayon po kasi sa Republic Act 10660, ang isang opisyal, lalo na ang mayor at salary grade 27 and above, hindi pwedeng sampahan ng kaso doon kong saan judicial region siya nago-opisina. So, ang Tarlac Region 3, hindi siya pwedeng sampahan doon dahil meron pa siyang impluwensya (According to RA 10660, an official, especially the mayor and those with salary grade 27 and above, cannot be prosecuted in the judicial region where they are in office. So, Tarlac Region 3, she cannot be charged there because she still has influence),” he explained.
Tolentino emphasized that if t
he court has no jurisdiction on the case it handles, all procedures from the start will be invalidated, including the warrant of arrest it issued.
He said these errors can be raised by the defendant’s lawyer through an appeal even in the Supreme Court, which could acquit Guo “on the basis of a mere technicality.”
“Dapat po ito, ayaw ko namang pangunahan, ‘yung judge ng Valenzuela kung sino man ‘yun, ay magre-issue ng warrant of arrest kay Alice Guo at kung saan niya gustong i-detain, sa PNP [Philippine NationaL Police] Custodial Center o kung saan man. Itatama na natin yung mali (It should be, I don’t want to preempt, the judge of Valenzuela, whoever it is, will re-issue a warrant of arrest against Alice Guo and where she wants her to be detained, at the PNP Custodial Center or wherever. We are correcting the mistake),” Tolentino said.
“So ngayon, na-itama na natin ito. Wala na siyang lusot dito. Kahit tahimik ‘yung abogado nila nung hearing, lahat sila wala na silang lusot dito dahil nasa tama ng regional
trial court at hindi ko na din po ito kukwestyunin dahil legal na po lahat (So now, we have corrected it. She will have no way out of this. Even though their lawyer was silent during the hearing, they all have no way out of this because we are already in the appropriate regional trial court and I will not question it anymore because everything is now legal),” he added.
Tolentino said the Senate panels that need Guo’s attendance in inquiries will now have to send their letters of request to the executive judge of the Valenzuela RTC.
Pursuant to rules
Meanwhile, the Supreme Court (SC) said the transfer of Guo’s case is pursuant to rules on charged local public officials.
‘There was no request to transfer the venue of Alice Guo’s case from the Capas RTC to the Valenzuela RTC. The transfer was made pursuant to OCA (Office of the Court Administrator) Circular No. 10-2024, entitled ‘Uniform Guidelines Concerning Cases Where the Accused or One of the Accused is a Local Official,” Ting said.
‘Under paragraph (a
), where the accused is a public official, the case shall be forwarded to the nearest RTC of the nearest judicial region from the judicial region where the official holds public office, pursuant to Sec. 2 of RA 10660, amending the jurisdiction of the Sandiganbayan. In this case, the nearest RTC of the nearest judicial region from Capas is in Valenzuela.” she said.
Source: Philippines News agency
