Judge Wilhelmina Jorge-Wagan of the Pasay City RTC-Branch 111 said the case was dismissed because the plaintiffs lacked the legal personality to do so.
Ermita was the one who signed Panaligan’s and Tolentino’s appointment papers as acting mayor and vice mayor, respectively, after Mayor Wenceslao "Peewee" Trinidad, his vice mayor and 10 councilors were suspended by the Office of the Ombudsman last September over alleged anomalous garbage collection contracts.
Wagan ruled that the suspended Pasay City councilors — Richard Advincula, Lexter Ibay, Dr. Jose Antonio Roxas, Noel Bayona, and Arnel Regino Arceo — had no legal personality to do so in questioning the appointment of the designated acting city officials. Other plaintiffs covered by such decision are former city councilors Edita Vergel de Dios, and Marie Irish Pineda.
According to Wagan, since the councilors were ordered suspended by the Ombudsman in an order dated Aug. 25, 2006, the plaintiffs had temporarily lost their right to claim public office.
The court also reiterated that the right parties to assert such moves of complaining is any Filipino resident of Pasay City who appeared to be prejudiced or injured by the alleged unlawful or illegal appointments.
Although the plaintiffs are indeed Filipino residents of Pasay City, they lodged the complaint in their capacities as city councilors.
The court likewise noted that the plaintiffs violated the rule on forum shopping as there was a pending civil case before the Manila Regional Trial Court-Branch 41 involving the same parties and issues.
In order for a plaintiff to file the same case to another court, he has first to withdraw the previous case before seeking the sala of another court, the court said.
The Ombudsman recently issued a dismissal order against Trinidad and his allies. Panaligan and Tolentino were then installed.