MANILA, Philippines – The Department of Justice (DOJ) defended its “strategy” in the qualified trafficking case against dismissed mayor Alice Guo, saying that although they ideally want a fast resolution, “hindi namin basta-basta pwedeng ibraso ang kaso na ‘to (we cannot just strong-arm this case.”
“Kailangan din kami balanse, kailangan galangin din namin ang mga karapatan ng mga tao na dumadaan sa preliminary investigation sa amin. Hindi namin basta-basta pwedeng ibraso ang kaso na ‘to,” Justice Undersecretary Nicholas Ty told the Senate on Tuesday, August 27.
(We also need to be balanced. We need to respect the rights of all the people undergoing preliminary investigation. We cannot just strong-arm this case.)
Ty was responding to Senator Raffy Tulfo’s question, “bakit mabagal ang usad ng kaso sa DOJ (why is the case in DOJ so slow).” Tulfo added: “Kung naging maagap lang sana ang DOJ sa pagproseso ng kaso against Alice Guo at lumabas agad ang warrant of arrest at nakipag-coordinate tayo sa Interpol para malabas ang red notice, hindi na sana tayo nag uusap ngayon.”
(If only the DOJ was efficient in processing the case against Alice Guo, and a warrant of arrest was issued, we could have coordinated with the Interpol to get a red notice, then we wouldn’t be talking here in the first place.)
The qualified trafficking complaint was filed against Guo and others last June 21. It’s been submitted for resolution by the handling prosecutors, until Guo’s lawyers filed a motion to re-open on August 15, requesting to accept the dismissed mayor’s counter-affidavit. Ty said this was an example of “dilatory tactics employed by her lawyers” that contributed to the delay of the resolution.
What the prosecutors could have done was ask for a precautionary Hold Departure Order or PHDO, a fairly new judiciary tool that is available to the prosecution upon request with a court. This was created precisely to prevent the flight of persons undergoing preliminary investigation. In normal procedure, HDOs are issued only when the case has been filed in court. The immigration lookout bulletin order [ILBO] against Guo could not prevent travel.
Strategies
But Ty said it was a strategy on their part not to ask for the PHDO.
“Sabi sa akin ng mga humahawak na fiscal, na as a matter of strategy, hindi na muna nila sinalang ‘yung PHDO. Para sa amin, yung ILBO, kapag ipagsama ito sa [Senate] warrant of arrest ni Mayor Guo, pati dun na din sa pangangailangan niya ng travel authority para makalabas ng bansa bilang isang public official ay sapat na,” said Ty.
(The handling fiscals told me that as a matter of strategy, they did not ask for the PHDO. For us, the ILBO combined with the Senate warrant of arrest, as well as the need to request for a travel authority to leave the country as a public official, were enough.)
Guo left the country possibly around July 14, if we are to base on her sister Shiela Guo’s testimony that they traveled by sea on a boat for four days, and in the passport’s stamp that they reached Sabah, Malaysia on July 18.
Another DOJ strategy is to not cancel Alice Guo’s Philippine passport yet, despite an earlier order from Malacañang to the Department of Foreign Affairs (DFA) to use a national security clause in the passport law to cancel the passport.
“DFA and DOJ constituted a small committee including the National Bureau of Investigation (NBI) to act on this. Ngayon nagkasundo kami na baka mas mabuti na hinay-hinay muna, pero darating din tayo dun,” Ty said on Tuesday.
(We agreed that it’s wiser to take it slow, but we will get there.)
DOJ Usec Nicholas Ty says the DOJ and the DFA have agreed to pause for now any action to cancel Alice Guo's passport. Ty said it would be the eventual action, but not for now as they try to locate and return her. @rapplerdotcom pic.twitter.com/ZG1ytrgIR2
— Lian Buan (@lianbuan) August 27, 2024
The working theory is that canceling Alice Guo’s Philippine passport would put her out of Philippine jurisdiction.
The DOJ was much quicker with Shiela Guo, with Ty telling the Senate on Tuesday that they can request for a PHDO for her if necessary. By Wednesday morning, prosecutors had resolved Shiela Guo’s inquest to charge her over using a fraudulent Philippine passport. Cassandra Li Ong will also be charged for facilitating the escape of a criminal offender. The charges are bailable, but an HDO could be issued at this stage.
Congress can keep both in custody if they use their powers to detain them for contempt. Shiela Guo is detained at the Senate. Senator Risa Hontiveros said Shiela needs to attend another hearing of another committee before the contempt is expunged. – Rappler.com