By Dolly Yasa
BACOLOD City – The Joaquin Narvasa Law Office, legal counsel of siblings Roy, Celina, Emily Ricardo Yanson Jr., said Thursday that the Makati Prosecutor’s Office usurped the jurisdiction of the Regional Trial Court in its decision to indict an executive of the Vallacar Transit Inc. (VTI), operator of the Cere Bus Liner.
In a statement, the law firm cited that in its Resolution dated September 20, 2021, the Office of the City Prosecutor of Makati (OCP Makati) found probable cause against Atty. Anna Isabella Galvez for one count of falsification and one count of perjury in relation to the 2020 General Information Sheet (GIS) of VTI.
Galvez is the VTI corporate secretary of VTI under the Y4 group.
The indictment was issued despite the OCP Makati’s recognition of the existence and pendency of an intra-corporate dispute over the control of VTI, which is pending with the Regional Trial Court of Bacolod City.
“Under Republic Act No. 8799, it is the appropriate Regional Trial Courts that has jurisdiction to resolve intra-corporate disputes, and its existence directs the suspension of the preliminary investigation proceedings against an accused until proceedings on the intra-corporate issues are completed with finality,” the statement said.
It added that “in fact in Mathay, et al., vs. People (G.R. No. 218964, June 30, 2020), a case recently decided by the Supreme Court, it ruled that before any court can delve into the question of whether there is probable cause to charge anyone with an offense, the threshold legal issue that needs to be addressed first is whether there is a prejudicial question that justifies suspension of criminal proceedings against a person indicted for a crime.”
The Supreme Court in the Mathay case ruled that a prejudicial question exists in a criminal case for falsification of public documents when two pending civil cases involving ownership over the shares of a corporation would determine whether the statements made in the GIS are true or absolutely false.
This is precisely the same question and issue in the case against Atty. Galvez, the statement also said.
It added that “the OCP Makati did not heed the pronouncements of the High Court and failed to apply its ruling to the case against Atty. Galvez despite its own confirmation that an intra-corporate dispute exists among the warring shareholders of VTI.”
Of course, those benefitted by the indictment of Atty. Galvez wisely suppressed important information that will render the OCP Makati’s resolutions void if not premature, the statement also said.
Earlier, court documents furnished to the media here showed that City Prosecutor Joel Vedon recommended that Galvez be indicted for the crime of falsification of public documents and perjury.
The charges were filed by Leo Rey Yanson and his mother Olivia who accused Galvez of placing alleged false statement in the company’s General Information Sheet.
The case is still an offshoot of the ongoing Yanson family feud over the control of their bus firm.
