The court is scheduled to review a case next month, October 1, to dismiss a petition for injunction filed by Atty. Norman Golez, on behalf of Vallacar Transit Inc. President Leo Rey Yanson and his sister, Ginnette Yanson-Dumancas, with regard to the special stockholders meeting held last month. According to the attorney, the injunction cases violate the “rule on forum shopping.”
According to the Rules of Civil Procedure, Rule 7, Section 5, a case is subject to dismissal if a party of counsel shows “willful and deliberate forum shopping.”
“We demonstrated before the court how they committed willful and deliberate forum shopping, which would result not only [in an] outright dismissal of cases with prejudice to its refiling but, also, the party, including their counsels, could be administratively and criminally liable,” Golez pointed out.
After the ‘Yanson 4’—Roy, Emily, Ricardo, Jr., and Celina—previously filed an urgent motion for special raffle after earlier calling for Judge Eduardo Sayson to inhibit himself from the case, the court deemed it “appropriate not to proceed” with the motion.
Atty. Sheila Sison, who represents the ‘Yanson 4,’ affirmed they did not break the “rule on forum shopping” and stated, “This case is separate and distinct from all the other pending cases.”
She quoted another lawyer for the ‘Yanson 4,’ Atty. Sigfrid Fortun, who said the petition in question is separate from the previous case filed before Sayson./DGB, WDJ