October 25, 2021 at 04:17 pm
Manila Standard Business
New charges were filed against one of the members of the faction of the Yanson 4 siblings, and their lawyer in the ongoing dispute for control of Vallacar Transit Inc. and its sister bus companies.
In twin resolutions dated March 15, 2021, the DOJ-Manila said it found probable cause for five counts of falsification and five counts of perjury against Emily Yanson for her alleged untruthful statements in the 2015, 2016, 2017, 2018 and amended 2018 general information sheet of Rural Transit Mindanao Inc. and additional three counts of falsification and three counts of perjury for her untruthful statements in the 2017, 2018 and amended 2018 GIS of Bachelor Express Inc.
Emily Yanson is one of the members of the so called Y4 faction which includes Roy Yanson, Celina Lopez and Ricardo Yanson Jr. The other Yanson faction consists of the Yanson matriarch and incumbent corporate secretary and treasurer Olivia Yanson, incumbent president Leo Rey Yanson and daughter Ginnette Dumancas. RTMI and BEI are among the bus companies under the Yanson Group of Bus Companies.
The DOJ-Manila said, “mere inheritance of shares of stocks does not make a person a stockholder”. It said “to be considered as a stockholder, a certificate signed by the corporation’s president or vice-president, countersigned by the secretary or assistant secretary, and sealed with the seal of the corporation shall first be issued”.
“In the instant case, respondent Emily failed to show any certificate of stock of BEI/RTMI issued to her name. Thus, it is clear that she failed to provide evidence of her interest and/or status in BEI/RTMI,” it said.
The DOJ-Manila concluded that “the mere inclusion of her name in the GIS of the corporation does not immediately make her a stockholder. Thus, her sudden inclusion in the list of stockholders in the GIS is unfounded and unsound”.
“With regard to the removal of complainant Olivia as a stockholder of BEI/RTMI and as a member of its Board of Directors, the same is considered flawed. This can only be reflected in the stocks and transfer book (STB) of BEI/RTMI,” it said.
The cases are now pending before the Bacolod Municipal Trial Court in Cities Branch 7 docketed as Criminal Case Nos. 21-09-36294 to 96 for Perjury 21-09-36299 to 301 for falsification.
The court issued six separate warrants of arrest against Emily Yanson. The warrants, however, could not be served as Emily Yanson, together with Roy Yanson, Celina Lopez and Ricardo Yanson Jr., reportedly left the country as early as March 7, 2020.
In addition to Emily Yanson, one of Y4’s lawyers, Atty. Anna Isabella Galvez of Fortun Narvasa and Salazar Law Office was also indicted for one count of falsification and one count of perjury. In a resolution dated Sept. 20, 2021, the Makati City Prosecutor found that “while respondent is repeatedly pointing out that the STB is not the only basis of share of ownership, that stock ownership does not emanate from the STB, in this case we are relying on the STB and the stock certificates.”
“Between the negative claim of respondent and the positive assertions of complainants, we find the latter’s contention more plausible and convincing. The STB and the certificate of stocks of VTI not being declared as illegal, it remains valid and subsisting. Thus, based on the STB, it is clear that Olivia is a stockholder of VTI and Emily is not,” it said.
“It is also reflected in the STB that Anita Chua, Arvin John Villaruel and Daniel Nicolas Golez are stockholders of VTI, which facts, respondent deliberately failed to state in the said GIS. The same is true with the shares of Leo Rey and Ginnette. Those stated in the STB and the stock certificates are considered correct, contrary to what was stated in GIS prepared by respondent. Being so, the statements declared by respondent in the 2020 GIS are fraudulent and untruthful,” it added.
The Makati City Prosecutor held that “as a lawyer she knows that she could be held liable for perjury by not declaring the truth therein. And yet, she made a statement in said GIS, under the guise of good faith, that Celina is the president, Roy, Emily and Ricardo as corporate officers, while Atty. Narvasa, as vice president for legal and she as assistant corporate secretary when she knew for a fact that the true president is Leo Rey and Emily is not even a stockholder and not even one of the Y4 is an officer of VTI, among others”.
Both DOJ-Manila and Makati City Prosecutor agreed that the mere inclusion of one’s name in a GIS does not automatically make one a stockholder of a corporation.