MANILA, Philippines - The Commission on Elections (Comelec) has unseated Lucena City Mayor Barbara Ruby Talaga but chairman Sixto Brillantes has had a different opinion on this.
In a resolution, the Comelec reversed the Jan. 11, 2011 ruling of the Second Division, upholding the proclamation of Talaga and appointing Vice Mayor Roderick Alcala as her replacement.
The poll body had junked the electoral protest filed by her rival Philip Castillo who argued that the Second Division “gravely erred” in its ruling because Talaga’s substitution as a candidate for her husband Ramon was not valid.
Ramon had filed a certificate of candidacy (COC) for Lucena City mayor but was disqualified by the First Division based on a petition by Castillo who claimed that he already served three terms.
In April 21, 2010, Ramon filed a motion for reconsideration, which he withdrew in May 4, 2010, the same day Barbara had filed her own COC.
Castillo argued that the Second Division had overlooked that Ramon could not be substituted as a candidate since his COC was “cancelled and denied due course.”
In his dissenting opinion, Brillantes had cited a Supreme Court ruling in the case of Rodriguez vs. Aguilar in Aug. 30. 2005 and in another decision in Landcenter Construction vs. Ponce on Oct. 2, 2009 which stated that “a motion for reconsideration once withdrawn has the effect of canceling such motion as if it was never filed.”
Brillantes said that applying such principle, Ramon’s withdrawal “has the effect of canceling” his motion for reconsideration concerning his disqualification.
“In other words, the resolution of the First Division disqualifying Ramon Talaga became final and executory five days following its April 19, 2010 promulgation… Thus the filing of Ruby Talaga of her COC on May 4, 2010 in substitution for her husband Ramon Talaga is in order,” the poll chief noted.
He admitted having “strong reservations on the ruling that give effect to the withdrawal of a Motion for Reconsideration prior approval of this Commission shall first be sought, as this makes the effectivity of a withdrawal defendant and contingent on the action of this Commission.” – With Michelle Zoleta