THE lawyer of the Yanson Four said Sunday, October 13, the charges against his clients should be dismissed.
Lawyer Raul Bitoon, counsel and spokesman of the Yanson Four (Roy, Emily, Celina, and Ricky) said the complaint filed against the siblings is devoid of any authority and legitimacy to act for Vallacar Transit Inc. (VTI).
Bitoon said this is one of the grounds cited in their motion to dismiss (MTD) filed last October 2 before Acting Chief Prosecutor Allan Vir Gumahin.
It can be recalled that in a complaint-affidavit filed last August 30, 2019, the Yanson Four, together with several members of the Yanson third generation and other respondents, were charged with crimes of carnapping, grave coercion, and other applicable crimes.
A perusal of the complaint affidavit, signed by Gary M. Manayon, revealed that the charges were in connection to the supposed "illegal taking of control and possession" of two Mitsubishi L300 utility vans and two Foton wing-van trucks owned by VTI.
In his complaint-affidavit, Manayon stated under oath that he is executing the affidavit for and in behalf of VTI and in his capacity as Material Control Department head of VTI.
But the legal counsels for the Yanson Four argued in their motion to dismiss the charges said the complainant has "no authority from the duly constituted board of directors of VTI to institute this criminal complaint in behalf of the corporation."
"In their MTD, they cited that the complainant did not show nor submit any documents to prove that Olivia Yanson is the legitimate corporate-secretary of VTI, other than 'a self-serving and self-adjudicating Secretary's Certificate.' Thus, the Secretary's Certificate executed by Olivia Yanson, under oath, is obviously null and void and is therefore, of no force and effect," said Bitoon.
He added that Olivia, the Yanson matriarch, does not appear to be a shareholder of VTI nor a member of its Board of Directors based on official and public records, such as, but not limited to official General Information Sheet (GIS) files with the Securities and Exchange Commission (SEC).
In what appears to be the final nail in the coffin, no less than the
Securities and Exchange Commission (SEC) Bacolod Extension Office issued a certification, dated September 17, 2019, stating, among others, that VTI has submitted its latest GIS report, which they received last July 9, 2019 at 2:56:23 p.m. and "[T]he signatory of the GIS is its Corporate Secretary, Emily V. Yanson," said Bitoon.
"Only respondents Roy V. Yanson, Emily V. Yanson, Ma. Lourdes Celina Y. Lopez, and Ricardo V. Yanson Jr., exclusively and alternately, are authorized by the Board of Directors of the corporation to sue on behalf of VTI," he added, citing as basis the Secretary's Certificate dated August 17, 2019.
"Quite clearly, the Secretary's Certificate relied upon by complainant as the source of his authority to file the instant complaint in behalf of VTI is clearly and unmistakably fraudulent," Bitoon said.