Prosecutors junk OVY complaint-3

By Modesto P. Sa-onoy

 

Because the complainant Olivia V. Yanson and the lawyers of both camps did not appear before the investigating prosecutors but simply submitted their positions on this case, the panel of prosecutors decided on the issue. Three assistant prosecutors went over this case and issued their decision on November 29, 2019: Manolito T. Huseco, Andre Stephen G. Jacobo and Milmon Bryce C. Tenorio. The City Prosecutor, Joseph Arnet M. Zerna, concurred with their findings.  Thus, four lawyers agreed.

It was fast action by the Dumaguete City Prosecutors, a matter of just over one month, something we cannot say of the prosecutors in Bacolod City where cases involving the Yanson family which were not referred to the Department of Justice are still languishing for months. To paraphrase Mark Anthony, “what cause withholds them to act?”

Olivia Yanson, however, did not agree with the decision of the City Prosecutor and forthwith filed a motion for reconsideration with additional elements or embellishments for her tale. That usually happens when one weaves a story based on the lie.

For instance, she claimed that the AY-76 security guards committed “acts of criminality, sowing chaos in the area and resorting to foul and forceful takeover”. These are, however, general assertions included to make the tale more dramatic and exciting except that it lack imagination and contradict the facts.

Did she not ask assistance from the Dumaguete police? If there were acts of criminality, etc., how come the police were nowhere to be found? I assume this because no police report was presented to the prosecutors regarding these criminalities and chaos and confirm Olivia’s story to be true. I believe that Olivia has strong influence in the PNP as to be able to marshal the entire Bacolod Police to follow the instructions of the Leo Rey in view of her connections with the top PNP officials. Are the PNP officials in Dumaguete remiss of their duty to quell acts of criminality, etc.?

So, why were they not there? Did Olivia report this supposed fact to the PNP? I think she did not because her yarn was simply a lie and the police there could not be made to confirm a lie. That would have complicated matters for Olivia and the PNP.

Of course, the PNP was not involved here because there were no “acts of criminality or chaos” in the compound as to warrant their rushing to the area in full battle gear as in Bacolod. Chances are they were in deep slumber at 2:30 in the morning. The weavers of Olivia’s tale should be more imaginative. I wonder if they had taken a subject in story writing; probably not because they could not write a cohesive plot.

Stung by the Dumaguete City Prosecutor’s Office and probably telling Olivia the CPO erred, the lawyers convinced Olivia to file for reconsideration by adding details to their story. Olivia, of course her pride pricked to the bone, agreed to her lawyers’ face-saving scheme – blame the prosecutors.

The motion for reconsideration aside from charging the prosecutors erred in appreciating their claim and other “significant issues”, Olivia said she was denied procedural due process and there are other forms of trespassing but did not specify the “other forms”. General statements but nothing specific and her lawyers knew what the process is on the prosecutor’s level. I suspect her lawyers did not explain this fact.

Expectedly her motion for reconsideration was denied as it was baseless, and she presented no other evidence to show the prosecutors erred as she claimed.

But Olivia kept on fighting and she filed a motion with the Regional Director in Cebu for a review of the decision of the Dumaguete Prosecutors. I think her lawyers wanted only to prolong the case for, well you know why as long as there is a case.

Anyway, the Regional Director found no reason to reverse or amend the decision of the Dumaguete City Prosecutor and dismissed the motion for review.

As I said earlier, this is a simple case, but Olivia (more precisely her lawyers) wanted it to save face after their series of legal defeats. However, objective reality cannot be twisted or covered up ad infinitum.