Asistio filed his petition last week saying that Echiverri has still a pending electoral fraud case before the Comelec in connection with the May 2001 elections.
The former mayor claimed that Echiverri had committed electoral deception in conspiracy with other candidates during the 2001 poll exercise.
Echiverri, however, just shrugged off Asistio’s appeal with the Comelec branding it as "baseless petition."
Asistio said that Section 6 of RA 6646 states "... the Court of Commission shall continue with the trial and hearing of the action, inquiry, or protest and, upon motion of complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever evidence of his guilt is strong."
Asistio earlier made the appeal with Caloocan City Board of Canvassers chairman Jovencio Balanquit. But despite his protest, Balanquit proceeded in proclaiming Echiverri winner in the city’s hotly contested mayoralty contest.
"It was an unhealthy speed with which Balanquit proclaimed Echiverri," Asistio said.
Asistio said that he would file graft charges against Balanquit with the Ombudsman, claiming that Echiverri’s proclamation was "illegal."
"The law is clear enough, and Balanquit should not have proclaimed Echiverri, particularly since the evidence of guilt is strong," he said. — Pete Laude