The Supreme Court has dismissed the petition filed by the president of Vallacar Transit, Inc., which operates the Ceres Bus Lines that is at the center of an ongoing family feud, seeking for the issuance of a writ of amparo against officials of the Philippine National Police led by Police General Oscar Albayalde.
SC insiders revealed that the petition filed by Roy Yanson, president of VTI, has been dismissed during the Court en banc session on Tuesday due to lack of merit and violation of doctrine of hierarchy of court.
“The petition was also dismissed because there is no threat to disappearance, which is the function of a writ of amparo,” the source said.
Aside from Albayalde, also named respondents in the petition filed by Yanson were PNP-CIDG Director Maj. General Amador Corpus, Maj. General Reynaldo Biay, head of the PNP-Civil Security Group, Brig. General Rene Pamuspusan, regional director of PNP-Region 6, and Col. Michael John Dubria, the acting chief of the PNP Supervisory Office for Security and Investigation Agencies.
A writ of amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.
In the 16-page petition filed by Yanson’s lawyers Philip Sigfrid Fortun, he asked the SC to issue the writ “to enjoin respondents from performing acts which threaten the life, liberty and security of his siblings Ricardo V. Yanson Jr.(RJR), Ma. Lourdes Celina Y. Lopez (CYL) and Emily V. Yanson (EVY)”.
Yanson Jr. is the VTI Director and vice president of its maintenance operations while Yanson Lopez is also a director and head of finance. Emily is the corporate secretary and vice president of operations.
“Petitioner is filing this suit in his personal capacity as the brother of RJR, CYL and EVY whose right to life, liberty and security are violated and threatened by the unlawful acts of respondents who are all public officials,” the petitioner said.
While Roy Yanson has called on his siblings, Leo Rey and Ginette, and mother, Olivia, to the table and resolve the issue among themselves, his other siblings led by Celina, Emily and Ricky are also amenable to a settlement within the bounds of the law.
“We respect and admire the hand of reconciliation extended by our brother Roy. We love and respect our mother. While reconciliation is not farthest from our minds, it must however, be within the bounds of law and justice,” said Emily Yanson, one of the board members and serving as vice president for administration of VTI.
“Leo Rey must first stop committing acts beyond the bounds of the law, and follow the Family Constitution, and the shareholder’s agreement which he himself agreed and signed in 2010 and 2013 respectively. Since Leo Rey himself wants to end this via the conciliation route, everything must be in accord with the law. Leo Rey must end extra-legal acts which complicates this issue,” Emily added.
Emily is referring to the recent meeting called by Leo Rey last Monday which was portrayed to the media as a legitimate one. As a former president, Leo Rey does not have the authority to call for a meeting.
Leo Rey was ousted as president last July 7, by virtue of a board resolution adopted by a majority of Vallacar’s Board and its shareholders. His eldest brother, Roy was installed in his stead.
As corporate secretary, Emily is still in a quandary how Leo Rey can assert the legality of this meeting given that majority of the stockholders did not attend the meeting. There was no quorum, says Emily, who, as Corporate Secretary should alone certify the existence of a quorum where the major shareholders are present. Leo Rey’s meeting had neither the numbers nor the shares to conduct a valid meeting.
“Under the Corporate Code, a quorum represents fifty percent plus one. Without the presence of the stockholders representing 61% shareholdings and therefore majority of the company; namely, Roy and Susan, Celina and Juan Manuel, Ricky, and myself — how can a quorum be declared to exist with only 38% of the shares represented?”
The majority shareholders had given notice of their opposition of the meeting and unavailability.
“Without a quorum”, says Emily, “the Leo Rey-initiated meeting was void from the beginning.”
“Personally, I think, it was just a waste of time,” says Celina Yanson-Lopez, VTI Chief Financial Officer (CFO).
“I don’t believe that Leo Rey did not know about the illegality of that meeting. There was no quorum. That meeting should have been adjourned. Majority of the shareholders weren’t there. Leo Rey and Ginette hold only 38% of the shares, while our mother, Olivia does not have any shares of the company, as reflected in the 2019 SEC General Information Sheet of VTI,” Yanson-Lopez said.
“How can a minor shareholder trump the majority shareholders? What do you call then a meeting without a quorum—a rump or bogus one, right? So, whatever decisions which Leo Rey and the others who attended that meeting had, including those of Charles Dumancas, husband of Ginette, are what we can describe as a ‘sham.’” Yanson-Lopez added.
“Being together once more and reconciling are two things which we will eventually do. We must, however, be cognizant of existing laws and learn to abide by them. For what is the value of talk if afterwards, we will not honor whatever agreements we put on the table?” she added.
While they understand Leo Rey’s position, Yanson-Lopez stressed that as an equal gesture, Leo Rey must likewise respect his elders.
“Let’s end these hostilities, go back to the table and discuss amongst ourselves how to move decisively forward. Leo Rey, Ginette and our mother—we truly love them. I guess, we just need to talk things without of course, glossing the law over. We are ready to forgive within the bounds of law.” Yanson-Lopez said.
In filing the amparo petition, Roy Yanson told the SC that the right to life, liberty and security of his siblings RJR, CYL and EVY are violated and threatened by the unlawful acts of respondents who are all public officials.
Roy said that the lives, liberty and security of his brother and two sisters are “threatened by respondent’s act of intimidation and the presence of armed policemen” deployed in the VTI head office at the Ceres Compound, Purok Himaya, Brgy. Mansilingan, Bacolod City who he added are poised to swarm and take over the said building where they are holding office.
He said the presence of the policemen also coincided with the takeover of some 100 policemen, including members of the Special Weapons and Tactics team of VTI’s South Terminal in Sambok, Bacolod City last August 7.
“Because of the presence and actions of the armed policemen and the directives of the respondents not to allow the ingress and egress of any person or supplies inside said office , including food and water,
RJR, CYL and EVY fear for their lives. Worse, they had cut off electric power within the office no different from what they have done in the South Terminal,” the petitioner said.
The petitioner, his brother and two sisters were part of the majority Board of Directors that conducted a Special Board Meeting last July 7 that among others passed resolution replacing their brother, Leo Rey Yanson as VTI President.
Leo Rey has the support of their mother, Olivia V. Yanson and his sister, Ginette Y. Dumancas in the ongoing feud.