Asistio vs Aguirre Digest

Asistio vs. Aguirre G.R. No. 191124 April 27, 2010 Facts: Private respondent Echiverri filed a Petition for Exclusion of Voter from the perm perman anen entt list list of vote voters rs of Calo Calooc ocan an City City befor before e the the MeTC MeTC presi preside ded d by Judg Judge e Malabaguio. He alleged that Asistio is not a resident of Caloocan City and was no longer residing in the address stated in his CoC for Mayor in the 2010 Elections. Malabaguio rendered a decision directing the Election Registration Board to remove the name of Asistion from the list l ist of permanent voters of Caloocan City. Echiverri then filed with the COMELEC a Petition for Disqualification on the grounds that Asistio is not a resident of Caloocan City and that he had been previously convicted of a crime involving moral turpitude. Asistio filed his Notice of Appeal and paid the required appeal fees through postal money orders on Feb.10,2010. Echiverri filed a motion to dismiss the appeal, arguing that the RTC did not acquire jurisdiction over the appeal on the ground of failure to file the required appeal fees. Judge Aguirre granted the motion for failing to pay the docket fees essential for the RTC to acquire jurisdiction over the appeal. Hence, this petition. Issue: Whether or not Asistio should be excluded from the permanent list of voters of  Caloocan City for failure to comply with the residency required by law. Held:  The Supreme Supreme Court ruled that from from the the provision provisions s of Section Section 117 of of BP 881 and Section 9 of RA 8189, the residency requirement of voter is at least 1 year residence in the Philippines and at least 6 months in the place where the person proposes or intends to vote. “Residence” as used in the law prescribing the qualifications for suff suffra rage ge is doct doctri rina nall lly y settl settled ed to mean mean “domi “domici cile” le”.. Domi Domici cile le deno denote tes s a fixe fixed d permanent residence where, when absent for business or pleasure, one intends to return. To successfully effect a transfer of domicile one must demonstrate: (1) an actual removal or change of domicile; (2) a bona fide intention of abandoning the place of residence; (3) acts which correspond with that purpose. Asistio has always been a resident of Caloocan City since birth and his family is also known to be among the the prom promin inen entt poli politic tical al fami famili lies es in Calo Calooc ocan an.. He even even serve served d as a 2 nd district representative in Caloocan and sought also election as City Mayor in 2007. Taking these circumstances into consideration, it cannot be denied that Asistio has qualified and continues to qualify as a voter of Caloocan City.