SILENT. Lawyer Elmer Galicia, who notarized dismissed Bamban, Tarlac mayor Alice Guo's counter-affidavit on her human trafficking case, invokes his right against self-incrimination at the Senate hearing on Tuesday (Sept. 17, 2024). Galicia notarized Guo's counter-affidavit without her presence on Aug. 14, contrary to his claim in the previous hearings. (Screenshot from Senate livestream)
MANILA – The lawyer who notarized dismissed Bamban, Tarlac mayor Alice Guo's counter-affidavit on her human trafficking case claimed on Tuesday that he was a victim.
"Biktima po ako (I am a victim). I am invoking my right against self-incrimination," lawyer Elmer Galicia told senators when asked to explain again why he notarized Guo's counter-affidavit without her presence, contrary to his claim in the previous hearings that he personally saw Guo.
"Wala na po akong masasabi (I have nothing more to say)," he added.
Senator Joel Villanueva said Galicia lied to the committee and still refused to explain his side.
"Despite the overwhelming testimonies and he doesn't want to talk about his inability to perform his duties and responsibilities as a lawyer, I just feel sorry for him. It appears that he is a willing victim," Villanueva said.
Lawyer Ray Ann Co of the Gana-Atienza-Avisado law firm, which prepared the draft of the counter-affidavit, said they sent the document to Guo’s secretary, Cath Salazar, on Aug. 14 without knowing the former mayor’s whereabouts.
"We were informed na meron siyang (that she has) a death threat that's why she refused to have personal meetings with us. So, we were only communicating through cell phone," Co told senators.
Senate Deputy Minority Leader Risa Hontiveros expressed disbelief that the firm was not aware that Guo was already out of the country at the time.
"Talagang I cannot imagine na ang firm tatanggapin na ni hindi niyo maipresenta, maipaliwanag ang counter-affidavit sa kliyente ninyo and papayag kayong ikakabit lang nung secretary niya ‘yung (I can't really imagine that the firm will accept it even if you can't present or explain the counter-affidavit to your client and you will just allow her secretary to attach the) signature page," Hontiveros said.
Salazar recalled that she was instructed by Guo to print the counter-affidavit draft that the law firm sent through the messaging application Viber and attach the signature page, which was in a brown envelope she picked up from the ex-mayor's home in Bamban.
When asked by Villanueva if she knew what she did was wrong, Salazar said it was her first time to do that kind of task and she just followed Guo's instructions.
Senator Sherwin Gatchalian pointed out that Galicia lied and should also be held accountable.
"Ang personal conclusion ko dito, first, nagsinungaling si Atty. Galicia dahil hindi ito pinirmahan sa harap ni Atty. Galicia. Definitely nagsinunangaling siya at dapat siyang kasuhan rin ng DOJ (My personal conclusion here is, first, Atty. Galicia lied because it was not signed in front of Atty. Galicia. He is definitely lying and should be charged by the DOJ [Department of Justice] as well)," Gatchalian said.
The senator also believed that Guo's lawyers were aware of her plans to leave the country in July, or more than a month before the counter-affidavit was finalized and notarized.
"Itong ganitong document, abogado ang nagpeprepare nito at prinepare ito first week of July, ‘yung alleged escape ni Guo Hua Ping. So ang ibig sabihin, ‘yung mga abogado niya alam rin na aalis siya kasi pinirmahan niya (This document is usually being prepared by a lawyer and it was prepared in the first week of July, the alleged escape of Guo Hua Ping. So that means, her lawyers also know that she was leaving because she signed it) in advance," Gatchalian said.
Under the new rules of the DOJ, Assistant Prosecutor Isser Josef Gatdula said the only time that a counter-affidavit can be notarized outside of the department is if there are no prosecutors available.
"But considering this case, there are plenty of available prosecutors in the Department of Justice," Gatdula said explaining that the notarization of Guo's counter-affidavit was invalid. (PNA)
