ACTING Presiding Judge Eduardo Sayson of Branch 53 of the Regional Trial Court denied Friday, July 26, the urgent motion for the issuance of a temporary restraining order (TRO) asked by the camp of Leo Rey Yanson through their legal counsel Norman Golez.
They filed the manifestation on July 22.
The court denied the motion citing that under the rules in the issuance of the TRO, it should be as verified petition not through motion and that the issuance of the TRO is done by the executive judge and not by the court.
Both parties during the hearing Friday agreed that the joint hearing for the two cases they filed should be about whether or not the July 7, 2019 board resolution is valid or null and void.
In that Special Board Meeting, Leo Rey Yanson was replaced by Roy Yanson in a board resolution signed by Roy and his siblings Ricardo Jr., Celina and Emily.
Leo Rey with the family’s matriarch Olivia and sister Ginnette are questioning the validity of the board resolution.
However, lawyer Sigfrid Fortun, legal counsel of the camp of the Roy Yanson, said that the TRO needs to be in a form of a motion. “It was not clear whether there was adequate basis upon which a TRO can actually be issued. He agreed that I cross-examine the next witness,” he said.
He added that evidence presentation is not yet over, “The court cannot find any basis upon which he can issue a TRO. So he wants us to focus on the main issues which is did we do the right thing or we didn’t do the right thing. Was the July 7 Special Board meeting valid or was it an invalid act because right at the moment, that is the bone of contention of both parties,” Fortun said.
Golez for his part said that even if they were not granted with their prayer for issuance of TRO but we are pleased to have presented the STB via the judicial affidavit of their witness.
That to me in itself is very good and victory in itself, Golez said.
“The application for TRO has already been denied but if there are new events that would take place there will be new ground for TRO and it’s always an option,” Golez emphasized.
Another attempt of takeover
On Friday before the court hearing, another attempt of the camp of Roy to take over the Ceres North Terminal was foiled.
Olivia and Leo Rey defended the north terminal and emphasized that the camp of Roy cannot wait for the court’s decision.
Olivia said that she has been very tired of the situation that she has to go to the terminal every time there is an attempt of the takeover.
Several drivers and employees of Vallacar Transit Inc. were confused who to side with the situation Friday. A commotion took place between the employees allied to Roy and those allied to Leo Rey who gathered outside the terminal during the takeover attempt.
The Dumaguete Terminal, Olivia said, was taken over by the camp of Roy, Thursday night.
Golez said that over all, the camp of Roy are insisting that they are the lawful president of the corporation but in our hearts and minds Leo Rey is still the president so we will act like we are lawful president.
Barring any TRO, barring any injunction we will continue as such, he added.
Fortun said it is Roy’s call to take over the terminals if they think they have the legal basis because they have the majority of the board.
Some passengers on Friday said that they are somehow affected by the situation since they find it hard queuing at the terminal and that there are already some delays on the bus trips.
Some of the security guards said that they are also wary of the situation especially when there are attempts of takeover because they are always caught in between.