BACOLOD CITY – A regional trial court judge has dismissed the petition for injunction filed by eldest Yanson sibling Roy and his three other siblings against clan matriarch Olivia, and the youngest son, Leo Rey who has retained control of the Yanson Group of Bus Companies after a series of take overs and retake overs following the July 7 board meeting that ousted Leo Rey.
Phoebe Gargantiel-Balbin, who presides over Regional Trial Court Branch 45 cited forum shopping as her ground for dismissing for lack of merit Commercial Court Case 19-122 or the petition for injunction filed by Roy, Emily, Ma. Lourdes Celina Lopez and Ricardo Yanson Jr.
In her two-page order dated September 24, Balbin cited the arguments made by the defendant Leo Rey against his siblings.
These are forum shopping and litis pendentia.
This is the third commercial case filed in connection with the Vallacar Transit, Inc. controversy, Balbin noted at the start of her order.
She pointed out the two other commercial court cases, numbered as 19-118 and 19-120, are already both pending before RTC Branch 53, the designated commercial court.
Lawyer Norman Golez, counsel for Leo Rey, said in a statement that the order has put to rest “… whatever question regarding the legality of Leo Rey’s authority over VTI including the 19 August 2019 stockholders and board meetings where the Yanson matriarch, Olivia Yanson, was elected as member of the board.”
[…] Balbin cited two grounds for her order (click for related story here). […]