BACOLOD City – For lack of merit, the Regional Trial Court (RTC) Branch 45 here dismissed the petition for injunction filed by the Yanson 4 – Roy, Ricky, Celina, and Emily – against their youngest sibling and Vallacar Transit Inc. (VTI) president Leo Rey.
In a Sept. 24 resolution, Judge Phoebe Gargantiel-Balbin junked the Yanson 4’s petition, saying “the instant petition filed by Roy Yanson is dismissible on the ground of forum shopping, under the Interim Rules in relation to the Rules of Court.”
Gargantiel-Balbin cited in the ruling that there are pending cases before the RTC in this city involving the same issue and among the same parties.
Thus, the instant petition ought to be dismissed for willfully and deliberately splitting a cause of action or “litis pendentia.”
“While it may be true that there is no willful and deliberate forum shopping on the part of Roy Yanson’s camp, the rule is clear that forum shopping is a ground for dismissal of a case,” stated on the order.
It added that the determination of all corporate concerns between the parties could be best resolved with finality and without conflicting judgment if lodged in one court alone.
Earlier in August, the Yanson 4 filed the petition against Leo Rey to invalidate his call for a special stockholders meeting on Aug. 19.
Meanwhile, according to Atty. Norman Golez, Leo Rey’s legal counsel, whatever question regarding the legality of Leo Rey’s authority over VTI including stockholders and board meetings where the Yanson matriarch, Olivia, was elected as member of the board, was put to rest.
The Yanson 4, however, through their spokesperson lawyer Raul Bitoon, said the decision is only temporary.
“We are aware that decisions like this could be appealed or a motion for reconsideration could be filed. But as to which remedy to take, it will be taken by lawyer Sigfrid Fortun which I am not aware of this time,” Bitoon said.
He said they believe that the special stockholders meeting was null and void from the very beginning because it did not constitute a quorum.
Bitoon disclosed that as of this time the legal team of the Yanson 4 has yet to decide what remedy to take./PN
