Lawyer says human trafficking charge against Guo is 'weak'

One of the legal advisers to controversial Bamban, Tarlac Mayor Alice Guo, said Friday that the human trafficking case filed against her was weak.

Guo's lawyer, Alex Avisado, made the statement as the Department of Justice (DOJ) began its preliminary investigation into the case.

“Look at the evidence against Mayor Alice Guo: papers, electricity bill, no-objection letter and bylaws. These documents are not enough to commit the crime of human trafficking,” said Avisado, who represented Guo.

“There has to be an overt act. So this complaint against her is weak. With all due respect, it is weak,” the lawyer stressed.

The Supreme Court, in Arroyo vs. People, defined overt act as “a physical activity or act, including the intent to commit a particular crime, more than mere planning or preparation, which, if executed…unimpeded by external obstacles…will logically and necessarily mature into a concrete offense.”

“It really seems forced,” Guo’s lawyer noted, citing the complaint filed by the Presidential Organized Crime Commission (PAOCC) and the Criminal Investigation and Detection Group (CIDG). “There is no direct evidence of human trafficking against Mayor Alice Guo,” he said.

Meanwhile, Justice Undersecretary Nicholas Felix Ty said that during the upcoming preliminary investigation, the accused will have to submit their counter-affidavits in response to the criminal complaint filed against them.

“The prosecution has given the defendants 15 days to file their counter-statements,” Ty told reporters.

Ty stressed that the defendants, including Guo, should appear in person and confirm their sworn statements before the panel of prosecutors.