Punto de Vista: Mga legal na paraan kung paano mababalik si Alice Guo sa bansa

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Punto de Vista: Mga legal na paraan kung paano mababalik si Alice Guo sa bansa

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Transcript
00:00The arrival of the former Abambandarlak Mayor, Alice Guo, in the country was anticipated following her arrest.
00:06Let's find out the legal ways on how to bring Alice Guo back to the Philippines.
00:11This is what Professor Antonio Contreras will discuss from the point of view of the professor.
00:22Good morning and thank you very much.
00:26Alice Guo has been arrested in Indonesia.
00:30And we are waiting for her return to the Philippines to face her cases.
00:35But the question is, what are the ways we can do to bring Alice Guo back?
00:41There is extradition.
00:43We have an extradition treaty in Indonesia.
00:46All we need to do is, our Department of Justice will request an extradition request in Indonesia.
00:54The legal ground for this is, we need to say that there is evidence of a crime that Alice Guo committed in the Philippines.
01:02And this crime is subject to judicial review.
01:08Alice Guo has an option to go to court and challenge this extradition treaty to which she can be subject to judicial review.
01:18So, there is still a possibility that she may not be extradited, depending on the court's decision in Indonesia.
01:29There is also what is called mutual legal assistance.
01:32We also have a mutual legal assistance treaty in Indonesia,
01:35where instead of bringing her back to the Philippines, we can send her there.
01:40We can help the Indonesian authorities to get the information we want from her,
01:47in preparation for an eventual extradition, in case she is approved.
01:52So, even if she hasn't returned yet, we can go there, or the Indonesian authorities themselves can conduct an investigation.
02:01And this is done through diplomatic channels.
02:06We can also directly negotiate, diplomatically in Indonesia,
02:11we can negotiate that she can be brought back, even if not through extradition or the use of the mutual legal assistance treaty.
02:21And we can also deport Alice Guo to the Philippines, but there is a problem with this.
02:29Because generally, deportation is only done to a country where you are a citizen.
02:37So, we will have a little problem here, because one of the cases that was filed against Alice Guo
02:46is her refusal to show her passport.
02:50Her refusal to show her passport is a claim that she is a Filipino, while she is not a Filipino citizen.
02:56The misrepresentation that she did in the Comelec, in the filing of her candidacy, that she said she is a Filipino.
03:04So, if we deport Alice Guo to the Philippines, it's like we are saying that we will do that later.
03:12You report that to us. Although, there are exceptions.
03:16Normally, deportation is a standard that the person who is being deported is being brought back to the country where they are a citizen.
03:28Because the country that accepted her as a citizen is legally obliged.
03:32But we can also make a way that even if she is not a citizen, because she did something that we need to clarify,
03:42we can tell Indonesia that you can bring Alice here because we need her testimony to solve this problem of deportation.
03:54So, we will know what is happening in BI or PSA or Comelec where there are problems regarding the making of passports
04:06and certifying that a person is a Filipino, while they are not.
04:12So, it's not straightforward that because she was caught in Indonesia, she will be brought back immediately.
04:18There are legal procedures and diplomatic procedures.
04:24But we hope that we can bring her back in the most legal way so that her presence can help solve many problems in our country.
04:39So, that is my point of view for today. Thank you very much. I will return to your studio.
04:47Thank you very much, Professor Contreras.

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