By: Dolly Yasa
BACOLOD City – The Regional Trial Court here dismissed the injunction case filed by the Yanson 4 against their sibling Leo Rey Yanson for lack of merit.
RTC Branch 45 Presiding Judge Phoebe Gargantiel-Balbin ruled that the instant petition for injunction filed by Roy V. Yanson, Emily V. Yanson, Celina Yanson-Lopez, and Ricardo Yanson Jr., against Leo Rey Yanson lacked merit.
The Yanson 4 filed the injunction case against Leo Rey to question and seek the nullification of the August 19, 2019 board meeting and reorganization where Leo Rey retained the presidency and CEO post of the Yanson Group of Bus Companies.
Atty. Norman Golez, counsel for Leo Rey, sought the dismissal citing forum shopping as basis which was upheld by the court.
In her decision, Judge Balbin said ‘the filing of the instant petition squarely falls under the definition of forum shopping which exists when, as a result of an adverse judgement in one forum, a party seeks another possible favourable judgement in another forum.”
She added that while it is true that there is no willful and deliberate forum shopping on the part of the plaintiffs (Yanson 4), the rule is clear that forum shopping is a ground for dismissal of the case.
Judge Balbin said the determination of all corporate concerns between the parties could be best resolved with finality and without conflicting judgement if lodged in one court alone.
“This is the purpose of the rule against forum shopping. With these findings, this Court will not anymore discuss the other ground of splitting a single cause of action cited by defendant (Leo Rey) in his Opposition,” the decision read
Speaking in behalf of the Yanson 4, Atty. Raul Bitoon said they consider the ruling as a temporary setback.
He added that while his clients disagree with the decision of the court, they will respect without prejudice to their next course of action which he declined to divulge.
