MANILA – The Presidential Anti-Organized Crime Commission (PAOCC) has challenged the Department of Justice’s acceptance of a counter-affidavit filed by former Bamban, Tarlac mayor Alice Guo. The PAOCC raised concerns over the authenticity of the notarization process, questioning whether Guo was actually present in San Jose Del Monte, Bulacan, for the notarization, given reports that she had left the country in July.
“The doubt on respondent Guo’s presence or absence in the country since 18 July 2024 puts into question, the possibility of her appearing before a notary public, much less, subscribe and swear by the Counter-Affidavit, now sought to be admitted,” stated the PAOCC in their opposition.
Guo’s counter-affidavit, submitted past the deadline, was forwarded to the DOJ panel after the case was already marked for resolution. Guo is currently facing charges of qualified human trafficking, initiated by the PAOCC and the Philippine National Police, as well as a tax evasion case filed by the Bureau of Internal Revenue.
The PAOCC further noted that Guo did not personally appear before any member of the DOJ panel to submit her motion or the counter-affidavit for the human trafficking complaint.
Elmer Galicia, the lawyer who notarized Guo’s counter-affidavit, maintained on Tuesday that he personally met with the former mayor on the night of August 14, despite questions about her whereabouts.
A 2018 Supreme Court ruling emphasizes that a notary public must verify the physical presence of the signatory before notarizing a document.
“Mag-a-alas-7 po yata yon ng gabi ng August 14, Wednesday… Ni-refer siya ng isang kasama na ang pangalan ay ‘Allan’, nilapit niya sa akin para magpa-notaryo,” Galicia stated in an interview with DZRH.
Meanwhile, the Commission on Elections (Comelec) is awaiting Guo’s counter-affidavit for a separate misrepresentation complaint, with the deadline set for August 27.
“Pinapanumpaan ng notary publiko na talagang ang nanunumpa sa kanya ay humarap sa kanya personally. Hindi ka naman pwedeng magpanumpa ng hindi naman personally haharap dyan,” Comelec Chairman George Erwin Garcia commented. He added that if notarization is in question, the commission would seek further information and circumstances surrounding the signing process.
When asked if the Comelec would summon the notary public, Garcia remarked, “Wala naman pong makakapigil sa Comelec.”