Asistio to appeal court ruling on disqualification

MANILA, Philippines - Caloocan City mayoralty candidate former congressman Luis “Baby” Asistio said yesterday he will appeal a court ruling ordering the local Commission on Elections (Comelec) to delete his name from the voters’ list because he is no longer a resident of the city.

“The allegation is incredible,” Asistio said in a statement, maintaining that the long-standing government history of his family in Caloocan City would prove the allegation wrong. 

He said his father, Macario Asistio Sr., had been a mayor of Caloocan for 20 years and his brother, Macario “Boy” Asistio Jr., also served as a mayor of the city for 14 years, while he himself was a representative of the city’s second district for 12 years.

Last month, incumbent Mayor Enrico Echiverri, who is seeking a third term in the May 10 elections, filed a petition before the local court seeking Asistio’s exclusion from the voters’ list for being a non-resident of Caloocan City.

Echiverri claimed Asistio has been living in Makati City for the past several years and the addresses he used in his Comelec records were “fictitious.” He said election laws prescribe that candidates must be residents of the area they intend to govern for at least a year.

On Feb. 5, Judge Arthur Malabaguio of the Metropolitan Trial Court (MTC) Branch 52, who heard the case, ruled in favor of Echiverri, saying there is “sufficient ground” to exclude the name of Asistio in the list of voters.

“His (Asistio) exclusion from the list of voters is deemed proper,” Malabaguio said.

The judge directed the local Election Registration Board to “remove” Asistio’s name from the list of voters of Caloocan City.

He gave Asistio five days to appeal the ruling to the regional trial court (RTC).

Asistio said they would “definitely” appeal the decision “for being against the law” and would also be filing an administrative case against Malabaguio, who he claimed could have inhibited from handling the case because of his connection to Echiverri.

He said Echiverri was the principal sponsor in Malabaguio’s wedding.

Asistio also said the filing of the complaint against him was “out of time” because it was filed Jan. 26, wherein the law allows the last date of filing of a case against a candidate on Dec. 4 last year. He also questioned Malabaguio’s jurisdiction over the case.

Asistio admitted that there was an “inadvertent mistake” in his address number but it was “made in good faith.”

“I have been a resident and voter of Caloocan all my life. Echiverri is seriously threatened by my candidacy, nothing more. I believe we will prevail,” he said.