By: Dolly Yasa
BACOLOD City – The legal counsel of the four Yanson siblings – Roy, Celina Lopez, Emily, and Ricardo Jr. – said the criminal charges filed against his clients should be dismissed.
Atty. Raul Bitoon filed the Motion to Dismiss (MTD) last October 2, 2019 before assistant city prosecutor Vi Gumahin, investigating prosecutor of NPS DOCKET NO. VI-03-INV-19H-0667 which charged the Yanson 4 and their children of carnapping, grave coercion, and other applicable crimes.
The charges are offshoots of the ongoing feud within the Yanson clan over control of Vallacar Transit Inc (VTI), operator of Ceres Bus Liner.
Bitoon, however, said that a perusal of the complaint affidavit signed by Gary M. Manayon revealed that the charges were in connection with the supposed “illegal taking of control and possession” of “two (2) Mitsubishi L300 utility vans and two (2) Foton wing-van trucks” owned by VTI.
In his complaint-affidavit, Manayon, stated under oath that he is executing said affidavit “for and in behalf of Vallacar Transit, Inc. (“VTI”)” and in his capacity as Material Control Department Head of VTI “pursuant to the attached Secretary’s Certificate, Annex A” signed by clan matriarch Olivia V. Yanson (OVY).
Olivia along with children Leo Rey and Ginnette are at odds with the Yanson 4 over control of their family business.
Bitoon said in the MTD that the complainant has actually “no authority from the duly constituted board of directors of VTI to institute this criminal complaint in behalf of the corporation.”
“The reason for this argumentation is simple as it is apparent,” Bitoon said.
He cited the fact that the complainant did not show nor submit any document to prove that Olivia is the legitimate corporate secretary of VTI, other than “a self-serving and self-adjudicating Secretary’s Certificate.
“Thus, the Secretary’s Certificate executed by OVY, under oath, is obviously null and void and is therefore, of no force and effect. In fact, OVY does not even appear to be a shareholder of VTI nor a member of its Board of Directors based on official and public records, such as, but not limited to official GIS files with the SEC. In what appears to be the final nail in the coffin, no less than SEC Bacolod Extension Office issued a CERTIFICATION, dated September 17, 2019 (a copy of which was appended in the MTD as Annex 2) and signed by its OIC Atty. Annbelle F. Corral-Respall, stating, among others, that VTI has submitted its latest GIS report, which they received last July 9, 2019 at 2:56:23 PM and ‘[T]he signatory of the GIS is its Corporate Secretary, Emily V. Yanson’,” Bitoon said.
“Only respondents Roy V Yanson (RSY), Emily V Yanson (EVY), Ma. Lourdes Celina Y. Lopez (CYL) and Ricardo V. Yanson, Jr. (RJR), exclusively and alternately, are authorized by the Board of Directors of the corporation to sue on behalf of VTI,” based on the Secretary’s Certificate dated August 17, 2019 (a copy of which was also appended to the MTD as Annex 5).
“Quite clearly, the Secretary’s Certificate relied upon by complainant as the source of his authority to file the instant complaint in behalf of VTI is clearly and unmistakably fraudulent,” Bitoon added.
Bitoon also said “That being the case, complainant is not only devoid of any authority to file the instant complaint on behalf of VTI, “but he also willingly, consciously aided, and abetted in the falsification and use of such falsified documents, i.e., purported Secretary’s Certificate signed by OVY dated August 28, 2019, when he appended and used said document to his Complaint-Affidavit to claim that he was authorized to file this suit, albeit clearly having none.”
