CA Order for ‘Yanson 4’ to Surrender Documents Not Final – Lawyer

By Dolly Yasa

BACOLOD CITY – The lawyer representing four Yanson siblings – Roy, Celina, Ricky, and Emily – said the Court of Appeals’ order for them to turn over certificates of title and other documents related to a case involving the clan’s properties is not final.

Atty. Carlo Joaquin “CJ” Narvasa, who represents the siblings known as the “Yanson 4,” said the order is part of their ongoing conflict with their mother, Olivia, and siblings Leo Rey and Ginette, over control of the family-owned Yanson Group of Bus Companies.

In a press statement furnished to Daily Guardian, Narvasa addressed the October 13, 2024, press release from the camp of Olivia and Leo Rey Yanson, which highlighted the July 30, 2024, amended decision by the Court of Appeals’ 20th Division.

The CA decision requires the Yanson 4 to surrender certificates of title and related documents they allegedly admitted to having.

However, Narvasa clarified that the Court of Appeals’ order is not a judgment on the merits of the case involving the documents. Nor is it intended to penalize the Yanson 4, as the decision is not yet final and remains subject to appeal.

The Yanson 4 maintain that they are under no legal obligation to submit the documents, especially at the request of Hernan B. Omecillo, the private complainant in the qualified theft case against the siblings.

They do not recognize Omecillo as the chief operating officer of Vallacar Transit Inc. (VTI) and assert that he was never authorized by the legitimate board of directors to file the complaint or represent the corporation.

As majority shareholders of VTI, with 61.17% of shares, the Yanson 4 claim that only they can legally appoint the COO, and they have not appointed Omecillo.

The siblings argued that Omecillo, not being a Yanson family member, has no right to demand actions from them, as they are the rightful co-owners of the Yanson Group of Bus Companies (YGBC), being the compulsory heirs of its founder, the late Dr. Ricardo B. Yanson.

The Yanson 4 assert their right under the law to safekeep the company’s documents, especially after a forcible intrusion into the YGBC compound in August 2019 by Omecillo’s group, which was aided by about 300 police officers without a search warrant or court order.

On the contrary, Narvasa noted that the court denied Olivia and Leo Rey Yanson’s application for a temporary restraining order (TRO) against the Yanson 4, allowing the siblings to maintain peaceful possession of company documents.

He further claimed that Olivia and Leo Rey’s faction fabricated criminal cases against the Yanson 4, including a qualified theft case, which Narvasa described as baseless.

Narvasa reiterated that the matriarch, Olivia V. Yanson, no longer has any legal authority in the company after she voluntarily relinquished all her shares to her six children in a reciprocal exchange of rights under a valid extrajudicial settlement (EJS) of the estate of Dr. Ricardo B. Yanson in December 2015.

Olivia’s challenge to the EJS was dismissed by a Bacolod City court in October 2023.

Narvasa believes the request to place the documents and titles in court custody is a “fishing expedition” aimed at gathering evidence against the Yanson 4, particularly in the qualified theft case where evidence is lacking.

“It’s absurd to accuse the Yanson 4 of stealing what is rightfully theirs,” Narvasa said.

The Yanson 4’s majority ownership of VTI is undisputed, according to Narvasa. He noted that Olivia and Leo Rey had previously attempted to install their own version of shareholders and a board of directors, but were unsuccessful.

Narvasa pointed out that Leo Rey’s lawyer, Atty. Jun Maxell Orlina, was suspended by the Supreme Court’s First Division on August 9, 2023, for participating in an illegally constituted board meeting following an investigation by the Integrated Bar of the Philippines.

Narvasa also reiterated that Olivia’s attempt to invalidate the extrajudicial settlement was dismissed by the court.

The Court of Appeals has ordered the Yanson 4 to surrender several titles and documents deemed by the lower court as essential evidence in a criminal case.

On July 30, 2024, the 20th Division of the Court of Appeals amended its decision, ordering Roy Yanson, Maria Lourdes Celina Y. Lopez, Ricardo V. Yanson Jr., and Emily V. Yanson to surrender certificates of title and related documents they had admitted to possessing.

The court’s amended decision granted the petition for certiorari filed by VTI management, led by president and CEO Leo Rey Yanson and corporate secretary Olivia Yanson.

The CA instructed the Yanson 4 to submit various original and certified true copies of certificates of title and related documents to the custody of the trial court.