In a memorandum order, the Comelec directed its law department to file a motu proprio complaint and conduct a preliminary investigation into Guo's mayoralty candidacy in 2022.
Comelec Chairman George Garcia said the poll body's law department would conduct the preliminary investigation to determine whether Guo misrepresented herself to be qualified to run in the mayoralty race despite being a foreign national.
Garcia said the investigation is expected to take two to three weeks, after which the law department will submit its findings and recommendation to the Comelec en banc.
He said that if the commission finds probable cause, election offense charges would be filed against Guo before the Tarlac Regional Trial Court.
If ever, this would be the first case of misrepresentation charges to be filed by the Comelec against a candidate, according to Garcia.
Even if a criminal complaint is filed against Guo, however, Garcia said the Comelec still cannot prevent the suspended mayor from filing her certificate of candidacy, possibly for the mayoralty race next year.
"We have no right to refuse," Garcia said, although he has an assurance that the Comelec will not be deterred from running after unqualified candidates even after they win the elections.
Last week, the Comelec law department recommended to the commission the filing of a complaint against Guo after a fact-finding probe revealed that the fingerprints in her voting records and those in the records of the Chinese individual Guo Hua Ping in the National Bureau of Investigation and Bureau of Immigration belong to the same person.
Human trafficking
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