The Bacolod City Regional Trial Court-Branch 45 has dismissed the injunction petition filed by Roy, Ricardo, Jr., and Emily Yanson, along with Celina Yanson-Lopez—often referred to as the ‘Yanson 4’—against Vallacar Transit Inc. President Leo Rey Yanson.
Based on a court order signed last September 24 by Judge Phoebe Gargantiel-Balbin, the petition was deemed “dismissible on the ground of forum shopping.”
The judge pointed out there are pending cases involving the same issue and parties, which compelled the court to dismiss the petition for willfully and deliberately splitting a cause of action, or “litis pendentia.”
The decision added, the determination of all corporate concerns could be best resolved with finality and without conflicting judgement if lodged before one court.
Last August, the ‘Yanson 4’ filed the petition in order to invalidate his company president’s call for a special board meeting.
Meanwhile, Atty. Raul Bitoon, who serves as spokesperson for the ‘Yanson 4,’ called the decision a “legal set back,” but said it was “only temporary.” He noted, the case was dismissed not based on merit but on technicalities.
The attorney said he cannot say which legal remedy the group’s lawyer, Atty. Sigfrid Fortun, will opt for next but indicated there are two options: filing a motion for reconsideration or elevating the case to a higher court.
He added, even though they are sad over the outcome, they still respect the decision./DGB, WDJ/DGB, WDJ