Press Release - Tolentino warns: defiant Guos can be charged with a continuing offense, ordered detained by a court along their claimed boat escape route
The government can charge Alice and Sheila Guo for committing a continuing offense before a local court in Sulu of Tawi-Tawi, or at any court that has jurisdiction along the escape route they claimed to have taken to flee the country to defy authorities.
This scenario was raised by Senate Majority Leader Francis 'Tol' Tolentino at the Senate probe on illegal activities being linked to the Guos and their associates held Tuesday.
Tolentino, a lawyer and law professor, quizzed Department of Justice (DOJ) Prosecutor Isser Josef Gatdula about the possibility of the government charging the Guos for a continuing offense - if both continue to insist that they escaped the country by taking a series of boat rides until they reached Indonesia, where they were eventually arrested.
"Kung sakaling totoo itong sinasabi nila, and the offense there would be a violation of the summons issued by the Senate Committee, do you agree with me that such a case can be considered as a continuing offense?" the senator asked Gatdula.
The DOJ prosecutor answered: "Yes, your honor, there's a possibility."
Tolentino then explained: "The nature of a continuing offense is where it was initiated, where it started, where it continued, and where it ended. So kung tama yung sinasabi nila na sumakay sa yate, sumakay sa barko, lumipat, in any of the jurisdictions where they passed, any court can assume jurisdiction. And for that matter, the violation took place in any place as part of the escape route. Is that correct?"
Gatdula again agreed with the senator.
"Ibig sabihin, 'pag patuloy pa rin yun kanilang pagmamatigas na sinasabing doon sila sumakay... that would not prevent the DOJ from filing a necessary offense violation in a venue which is part of their escape route," the senator continued. "So may possibility na doon n'yo i-file ang isang kaso, sa Sulu o sa Tawi-Tawi?"
"Yes, your honor, there's a possibility," the prosecutor replied.
Tolentino then turned to Alice Guo: "Narinig mo po yung tanong ko? So payag kayo na makulong sa detention facility, mafile-an ng kaso sa RTC ng Sulu o Tawi-Tawi? Malayo na ito, mahihirapan na ang abogado mong pumunta roon. Okay lang sa iyo?
To which Alice Guo