Yanson feud – Causings went to court-11

By Modesto P. Sa-onoy

In the midst of this chain of lamentable incidents, something good in human nature emerged. It only shows, as it had been proven through the ages, that there are people who can stand firm for what is right and just. Nico and family proved that they can defend themselves because they have means, but for ordinary folks, it is an “uncommon valor”.

According to the complaint, the caretakers of Nico reported that “OVY, her favorite daughter GYD, and Lopez went to the Unit, more than twice and the last of this was on August 11, 2020 at around 9:00 o’clock in the evening. During that particular incident, Lopez tried to persuade the caretakers to abandon the Unit and surrender the same to OVY, being the registered owner of the property.”

 

But Nico’s caretakers have more sense and courage than Baciwa, Ceneco, Sta. Clara Executive Village Residents Association officers and security force and even the Bacolod policemen. They stood their grounds and refused the demand of Olivia Yanson. The complaint narrated that they told OVY and her companions, “They were specifically instructed by Nico NOT TO GIVE UP THE UNIT WITHOUT A COURT ORDER.” Olivia and company had no court order to prove their demand.

 

Is that not what it should be among civilized peoples? Ah, how ordinary people can confound the wise! The caretakers followed orders because it is the law, it was their duty and they refused to be cowed even in the presence of Olivia whose words other people of means would comply subserviently even of her questionable demands. Indeed, had Olivia and her enforcers, steeped in the law and education have complied with the law, they would not have been confronted, nay humbled, by ordinary caretakers with such wisdom and moral courage.

 

But that was only one twist for good cheer from a series of unpleasant events, albeit a funny one. Did Olivia find her match? Imagine how chagrin she must have been for the audacity of the caretakers.

 

The problems of Nico did not end with that stubborn refusal to be illegally ejected. The complaint narrates that “Nico also received a NOTICE TO VACATE signed by Atty. Victoria R. Tagarao as counsel for OVY dated July 16, 2020. In the said Notice, Atty. Tagarao admitted as much, ‘There was an ejectment complaint filed by my client before the Barangay Lupon of Brgy. Mandalagan, Bacolod City against your father, however, we cannot proceed with the filing of the same in the regular courts considering that your father went abroad…and therefore, he cannot be served with summons.’”

 

Very well then, why did they persecute Nico when they had filed an ejectment case against Nico’s father who is the lessee of the apartment? Is that not cowardly and scheming to terrify the son and his family for the failure of Olivia’s lawyers to get at the father? Were they chastised by Olivia that they resorted to bully tactics, an unbecoming behaviour of people who have taken an oath to uphold the law?

 

Inadvertently, Olivia’s lawyers showed they had no choice. Nico’s lawyer noted that “the actual, physical and legitimate possession by the Causings of the Unit was, is and continues to be, invariably recognized, by Atty. Tagarao as an established fact. Thus, necessitating the filing of the proper legal remedy of Ejectment by her client.”

 

She was on the right track, the way that should have been followed from the beginning rather resort to coercion and intimidation by illegally disconnecting water and electricity supply to the apartment. But Olivia cannot wait and resorted to “terror tactics.”

 

Nico’s lawyer also noted that the letter “is the admission by Atty. Tagarao that the Ejectment complaint filed by Marilyn Lopez against Perseus and Nico were all on behalf of OVY.” Of course, they would not have done it on their own but by effectively admitting that Olivia is the mastermind of this effort to illegally force the Causings out of the apartment, all the incidents become part of a bigger whole – the effort of Olivia to take over all the properties left by Ricardo Yanson even to the exclusion of Ricardo’s heirs, except the favored ones. It also makes clear that Emily is the ultimate target.

 

We continue tomorrow.