DOJ dismisses qualified theft, perjury and falsification raps vs Yanson siblings
MANILA, Philippines — The Department of Justice (DOJ) dismissed qualified theft, perjury and falsification cases lodged against Yanson Four (Y4) or the siblings involved in a dispute with their mother, Olivia, and brother over the management of Vallacar Transit Inc. (VTI), the nation’s largest bus firm.
In a seven-page resolution dated Nov. 10 but was released to the media on Tuesday, Assistant State Prosecutor Philip dela Cruz said Olivia’s complaints were “premature” because the Bacolod Regional Trial Court Branch 42 has yet to decide on the extra-judicial settlement of Olivia’s late husband Ricardo Yanson Sr.’s estate, which includes the ownership of VTI.
Olivia filed the case, claiming that her four children Y4, identified as Roy, Emily, Ricardo Jr. and Ma. Lourdes, took her conjugal shares at VTI without her consent and “approportioned them between themselves using two extrajudicial settlement documents covering the estate” of the Yanson patriarch.
Olivia also stated that VTI’s General Information Sheet filed with the Securities and Exchange Commission (SEC) by then VTI Corporate Secretary Emily Yanson, one of the Y4 siblings, last July 9, 2019, was “falsified as it constitutes untruthful statements.”
Y4 said Olivia and their late father no longer owned 15,000 and 346,000 shares in VTI, respectively. They also claimed that a VTI Special Board Meeting on July 7, 2019, which led to the ouster of then VTI president Leo Rey, was valid.
However, a 2015 extrajudicial settlement and amended extrajudicial settlement of Ricardo Sr.’s estate showed that Y4, Olivia, and Yanson 2 or known as, Leo and Ginnette Yanson, unanimously agreed that all six siblings will receive equal shares in VTI.
It was also indicated that Olivia “waived her rights over those shares in favor of her children in exchange for various real and personal property.”
The extrajudicial documents were signed by Ricardo Sr.’s heirs, namely Leo Rey, Ginnette, Roy, Emily Yanson, Ricardo Jr., Ma. Lourdes Celina — and his wife, Olivia.
The DOJ prosecutor said the extrajudicial settlements are “binding” unless annulled by a proper action in court.
“They are susceptible to ratification,” said Dela Cruz.
In another resolution dated Nov. 19, Acting Bacolod City Prosecutor Jayvee Laurence Bandong junked the perjury complaint lodged by Y2 supporters Anita Chua, Arvin Villaruel and Daniel Nicolas Golez against Y4 for alleged failure to establish that the four Yanson siblings made false statements.
Five months ago, DOJ also dismissed carnapping charges against Y4 for insufficient evidence in the case. [ac]
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