By Modesto P. Sa-onoy
In the summons to Nico, it looks like Olivia Yanson is in a great hurry, as if she is running after time and does not have the luxury of it. However, a barangay mediation process in the case of this nature is a legal mechanism to give time and opportunity for reconciliation so that the conflict need not contribute to the back logs in our courts.
Nico again consulted his father’s lawyer who advised him not to be distressed because they will just answer Olivia in court, the proper and civilized forum. I believe the lawyer knew that no matter what they will present in the barangay meeting on February 24, would be rejected by Olivia as she was clearly intent to eject the Causings pronto evidently not so much for their departure from the apartment as to spite Emily. Olivia has this new opportunity to show off who is the boss and the powers she wields.
But the lawyers know the game and their legal position does not say “surrender”. So the legal fight is on.
What are the bases of the lawyers’ confidence that Olivia’s complaint would not prosper in court? Let’s look at their case.
The apartment unit that the Causings occupied is registered in the name of “Olivia V. Yanson, married to Ricardo B. Yanson”, which means this is a conjugal property. They were “entrusted to and have been administered by Emily V. Yanson for over two (2) decades already and together with five other units.”
Clearly, Olivia is not the sole but only part owner of the apartment unit. Ricardo owns half of the conjugal property and Emily is an heir of Ricardo. Moreover, this property that had grown to five units, had been entrusted to Emily. Simply then, Emily was given a family trust and that carries a “duty” to keep and care for the properties given in faith and confidence.
Emily is not accountable to Olivia alone but to the family. It was in this unquestioned capacity as trustee that Emily entered into contracts of lease, a duty she had exercised without question for over twenty years and with full knowledge and certainly consent of Olivia during these long periods of time.
Indeed, Emily’s trusteeship of this property had been respected for years by the Yanson family – parents and children. Why did Olivia suddenly burst into the scene and without provocation or notice attempted to evict the Causing couples? Would it not be proper for her to observe a modicum of courtesy even if she loathed the idea of going down the level of Emily – to inform her daughter and demand that the Causings be ejected from the apartments?
The Causings entered into a contract with Emily, not Olivia thus it is Emily who has the “duty” to terminate the contract, not whimsically as Olivia wanted it but for just cause. And Emily respected the contract with the Causings who also pay the association dues, an indication of their legal right to reside there.
But I guess Olivia believed that her success in forcing the takeover of Vallacar Transit Incorporated would also work here.
But there are people, ordinary citizens that cannot be simply bullied out of their rights. The Causings refused to give up the apartment because they have rights and they were not part of the Yanson family feud. They stood their ground and now they are fighting back but with the means that are proper, legal, moral and just – bringing the violation of their rights before the court of law.
There is something strange here. According to facts in this case, one of the six units being administered by Emily Yanson is Unit 21, which is also being leased by Nico’s aunt, Athena Causing. Why was she not treated similarly by the enforcers of Olivia Yanson? These six units are also, in the words of Nico’s lawyers, “embroiled in an intense family feud among the Yanson clan”.
Even so, that is not Nico’s concern. He and his family should not have been made to suffer because of the Yanson family disharmony. It seems however that Olivia does not care who gets hurt as long as she gets what she wants and strikes as she wills.
We continue tomorrow.
