Pleading required to be verified which contains a

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pleading required to be verified which contains a verification based on "information and belief" or "knowledge, information and belief," shall be treated as an unsigned pleading. A pleading, therefore, in which the verification is based merely on the party’s knowledge and belief as in the instant Petition produces no legal effect, subject to the discretion of the court to allow the deficiency to be remedied. In any case, we find no grave abuse of discretion on the part of the COA in issuing the assailed Decision. Petitioner contends that the ordinance authorizes the Office of the Vice-Mayor, and not Vice-Mayor Yambao in particular, to enter into consultancy contracts. Notably, it was even Hon. Vice-Mayor Benjamin C. Galauran, who was acting Vice-Mayor at the time, who entered into the 2003 Consultancy Contracts. Petitioner also argues that there is no indication from the preamble of the ordinance, which can be read from the minutes of the SPM meeting, that the ordinance was specifically designed to empower only Vice- Mayor Yambao, or to limit such power to hire for the period June to December 2003 only. We disagree. Under Section 456 of R.A. 7160, or the Local Government Code, the following are the powers and duties of a city vice-mayor: ARTICLE II The City Vice-Mayor SECTION 456. Powers, Duties and Compensation. (a) The city vice- mayor shall: (1) Be the presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang panlungsod; (2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided in this Code; (3) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy as provided for in Section 44, Book I of this Code; (4) Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy as provided for in Section 46, Book I of this Code; and
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POLITICAL LAW CASE DIGESTS 40 (5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The city vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty-eight (28) for a highly urbanized city and Salary Grade twenty-six (26) for a component city, as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto. Under this provision, therefore, there is no inherent authority on the part of the city vice-mayor to enter into contracts on behalf of the local government unit, unlike that provided for the city mayor. Thus, the authority of the vice-mayor to enter into contracts on behalf of the city was strictly circumscribed by the ordinance granting it.
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  • Winter '15
  • Atty. Ignacio
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