Nothing’s final yet

By ERWIN ‘AMBO’ S. DELILAN

AMID THE MassKara season, Bacolodnons and Negrosanons can’t help but glance at the latest updates on the “siblings’ war” in the prominent Yanson clan.

The nearly five years of family feud that includes the Yanson matriarch Olivia, or popularly known as “Mommy Love”, has made it like a “teleserye” being followed by many. Thus, updates on the Yansons – owners of the biggest bus fleet in the country, the Yanson Group Bus Companies (YGBC) – are “breaking news” worthy to be read or watched.

Last week, news about the Court of Appeals (CA) reportedly ordering the four Yansons siblings – referred to as “Y4” and includes Roy, Ricardo Jr., Celina and Emily – to surrender pertinent documents, especially certificates of title, hogged the headlines of local dailies and online news platforms.

Delving on the matter, it was found out that the CA order was dated July 30, 2024.

Question: Was it final and executory?

Nope! Countered by Y4’s counsel, lawyer CJ Narvasa, in a statement shared with yours truly.

Narvasa said the October 13 news coming from the Y4’s nemesis, or the Y2 camp that includes siblings Leo Rey and Ginnette, including their mom, only gloated over the July 30, 2024 amended decision of the Court of Appeals 20th Division requiring the Y4 to surrender certificates of title and related documents they allegedly previously admitted to be in their possession.

NEITHER TO PENALIZE Y4

But the truth is, explained Narvasa, the referred CA order on July 30, is not a judgment on the merits of the cases involving the documents in question, neither is it to penalize the Y4.

Got confused then.

But reading the successive lines of the statement, Narvasa said, “In fact, said decision is not yet final and subject to appeal.”

Mind-boggling, right?

But continued by Naravasa: “The Y4 firmly asserted that they are under no legal compulsion to submit these documents, particularly at the behest of Hernan Omecillo, the purported private complaining witness in the qualified theft case against the Yanson siblings.

Why?

Because, in truth and in fact,  they do not recognize him as the chief operating officer of Vallacar Transit Incorporated (VTI), and he was never authorized by the legitimate Board of Directors to file the complaint and represent the corporation.

To simplify things, the Y4 is legally contending that Omecillo is not a  Yanson, hence, has no right to demand such against them as the compulsory heirs of the founder of the YGBC, their father, the late Dr. Ricardo “Cardo” Yanson Sr.

‘FISHING EXPEDITION’

Thus, the Y4 members, Narvasa stressed, are only those  who have perfect right under the law to safekeep the documents and other papers of the company.

Compelling them to surrender the documents to  court seems to be in the nature of a “fishing expedition” aimed at gathering evidence against them, continued Narvasa.

As a quick fact, Narvasa said it’s absurd to note that Omecillo had filed a charge of qualified theft against the Y4 for allegedly stealing documents that rightfully belong to them as legitimate heirs of the late Cardo Yanson.

IN-DEPTH ANALYSIS

Well, the family feud needs an in-depth analysis.

Two over four is the current ratio. But it seems that the four are “dehado” with the two.

Though legal processes will take so long, in the end truth will surely prevail.

For now, Narvasa said, even Mommy Love no longer has any legal personality in the company.

Why?

Because, according to Narvasa, she had freely, willingly, and voluntarily relinquished all her shares in the company to her six children in a mutually beneficial reciprocal exchange of rights under a valid extra-judicial settlement (EJS) of the estate her husband in December 2015, added the Y4 counsel .

Thus, Mommy Love’s attempt to challenge the validity of the EJS proved unsuccessful and her petition was dismissed by the Bacolod City court in October 2023, Narvasa pointed out.

UNCERTAINTIES

Well, having the title of this article “Nothing’s final yet” simply connotes uncertainties.

Legal battle is not easy. Tedious to follow even. But since Bacolodnons and Negrosanons are like ordinary Pinoys who really love teleseryes, it is but natural that the siblings’ war is very much-followed for.

Many things could happen still. Many news will break later – amazing or not amazing.

But one thing is sure. For now, nothing’s final./PN

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