This case has been cited 1 times or more.
|
2010-02-17 |
PERALTA, J. |
||||
| In the case at bar, We rule that Rene Soriano has sufficient authority to sign the verification and certification against forum shopping for the following reasons: First, the resolution dated June 30, 2006 was merely a reiteration of the authority given to the Union President to file a case before this Court assailing the CBA violations committed by the management, which was previously conferred during a meeting held on October 5, 2005. Thus, it can be inferred that even prior to the filing of the petition before Us on February 27, 2006, the president of the union was duly authorized to represent the union and to file a case on its behalf. Second, being the president of the union, Rene Soriano is in a position to verify the truthfulness and correctness of the allegations in the petition. Third, assuming that Mr. Soriano has no authority to file the petition on February 27, 2006, the passing on June 30, 2006 of a Board Resolution authorizing him to represent the union is deemed a ratification of his prior execution, on February 27, 2006, of the verification and certificate of non-forum shopping, thus curing any defects thereof. Ratification in agency is the adoption or confirmation by one person of an act performed on his behalf by another without authority.[14] | |||||