MANILA, Philippines - A Caloocan Metropolitan Trial Court (MTC) judge has ordered the local Commission on Elections to delete the name of former congressman Luis “Baby” Asistio from the voters’ list, ruling that the mayoralty candidate is no longer a resident of the city.
MTC Branch 52 Judge Arthur Malabaguio, in a 14-page decision dated Feb. 5, a copy of which was obtained by The STAR, said Asistio uses fictitious addresses and “his exclusion from the list of voters is deemed proper.”
Malabaguio gave Asistio at least five days to appeal the decision with the regional trial court.
Asistio, in a telephone interview with The STAR, belittled Malabaguio’s order, saying the judge has no jurisdiction over the case and was already “out of time, for the last day of filing a case against any candidate was last Dec. 4 and they filed their complaint only last Jan. 26.”
“I am a resident of Caloocan for the last 72 years. I served as the city’s congressman for 12 years. My father served as the city mayor for 20 years and my brother Boy was also Caloocan mayor for 17 years. How could they say that I’m not a resident of Caloocan?” Asistio said.
He said he will “definitely” contest the MTC order and file a case of “gross ignorance of the law” against Malabaguio.
Asistio said his complete address is 116 P. Zamora street, Barangay 15, Caloocan City.
“I have been a voter in the same precinct of the same barangay for the last three consecutive elections,” Asistio said.
The court, however, said Comelec records indicate Asistio has at least three more addresses: 123 Int. P. Zamora street; 109 Libis Gochuico street; and 110 Unit 1, P. Zamora street, all in Barangay 15, Caloocan City.
Malabaguio said these addresses are fictitious, and added that he finds “there is sufficient ground to exclude the name of the respondent in the list of voters.”
Incumbent Mayor Enrico Echiverri filed the case seeking the exclusion of Asistio from the voters’ list on the ground that he is no longer a resident of Caloocan City. Both Echiverri and Asistio are running for mayor of Caloocan City in the May 10 elections.
Echiverri said under the Omnibus Election Code and Section 39 of the Local Government Code (Republic Act 7160), “local candidates must be a resident of the city for one year or more.” He alleged that Asistio has not been residing in Caloocan City for the past several years and is currently living in Makati City.