In a bitter pill to swallow, the Commission on Election (Comelec) will not be able to prevent detained Bamban, Tarlac mayor Alice Guo from filing her certificate of candidacy (CoC) anytime from now until October 8, 2024.

According to Solicitor General Menardo Guevarra, Guo may still file her CoC and run in next year’s elections despite an earlier ombudsman order disqualifying her from holding a public post.

Guevarra explained that this is because none of the cases against the former lady mayor, including the Ombudsman’s decision dismissing her from public service, has actually attained finality.

“If the question is whether she can file her certificate of candidacy, the answer is yes. It’s ministerial on the part of the Comelec (Commission on Elections) to accept her certificate of candidacy. But whether she’ll be able to or be qualified to run or not is another matter. That’s a totally different matter,” the SolGen pointed out.

“The cases that have been filed against Alice Guo, none of them have achieved finality. The one from Ombudsman, which is the decision that dismissed and disqualified her perpetually from running for public office, I believe that is still not final,” he added.

Based on legal precepts, the same is true for the other cases filed against Guo, including the quo warranto and the petition for the cancellation of her birth certificate.

“Our assessment is that it is possible to have decisions from the trial courts before the end of the year,” Guevarra cited, referring to the two cases.

“But these decisions, even if they are favorable to the Philippine government, are subject to appeal. It’s the appeals that would delay (these cases),” he noted with some concern.

Aside from the cases that have been mentioned, Guo is also facing several criminal complaints, including a graft case pending at Branch 282 of the Valenzuela City Regional Trial Court (RTC) and a non-bailable qualified human trafficking case filed before Branch 167 of the Pasig City RTC.

Guo, Guevarra said, can only be prohibited from running in next year’s elections if the Ombudsman’s decision attains finality due to the failure of Guo’s camp to file an appeal or if the Comelec issues a ruling against Guo in the misrepresentation case against her.

“It’s all about timing,” he concluded, noting that a Comelec ruling may result in the exclusion of Guo’s name in the ballots for the 2025 elections.