THE Supreme Court has declared as final and executory to unseat Lucena City chief executive Barbara Ruby Talaga, thus paving the way for Vice Mayor Roderick Alcala to take the vacated post.

In a two-page resolution, the Court en banc denied with finality a motion for reconsideration filed by Talaga, since the basic issues were already ruled upon by the court and no substantial arguments were presented that would warrant the reversal of its earlier ruling.

“The Court Resolved to Deny with Finality the verified Motion for Reconsideration [of the decision dated October 9, 2012], dated November 6, 2012 filed by counsel for mayor Barbara Ruby Talaga, as the basic issues raised therein have been passed upon by this court and no substantial arguments were presented to warrant the reversal of the questioned Decision,” the resolution avers.

The High Court en banc has pointed out that “no further pleadings or motions will be entertained . . . [and] let entry of judgment be made in due course.”

With a divided Court, the magistrates voted 7-4-3. Seven of the justices ruled in favor of Alcala who shall be the legitimate successor for the mayoralty post due to the disqualification of Talaga, Four justices ruled that the supposed second placer Philip Castillo should have been the winner for the mayoralty elections, since he is the only qualified candidate, while three justices favored Talaga to stay as mayor.

In the majority ruling ruling, the court held that there is no justifiable reason to warrant the reversal of its ruling which held that Talaga could not substitute for her disqualified husband Ramon as it junked the motion for reconsideration filed by former vice mayor Philip Castillo.

The court had ruled that the Commission on Elections en banc properly disqualified Barbara Ruby from assuming the position of mayor of Lucena City.

It stated that there was no valid candidate for her to substitute due to Ramon’s ineligibility.

According to the court, Ramon did not voluntarily withdraw his certificate of candidacy before the elections in accordance with Section 73 of the Omnibus Election Code.

The Court stated that Barbara Ruby was not an additional candidate for the position because the filing of her candidacy on May 4, 2010 was beyond the period fixed by law.

“Indeed, she was not, in law and in fact, a candidate,” the Tribunal held. Talaga was earlier ordered to cease and desist from discharging the functions of city mayor as the high court proclaimed Alcala as the duly elected mayor.