By Dominique Gabriel G. Bañaga usurp
The Office of the City Prosecutor (OCP) of Makati found probable cause against Anna Isabella Galvez for one count of falsification and one count of perjury in relation to the 2020 General Information Sheet (GIS) of the OCP Makati.
The case is connected to the ongoing feud between the siblings in the Yanson family over control of Vallacar Transit Incorporated (VTI).
In a statement issued by Atty. Carlo Joaquin Narvasa, legal counsel serving on behalf of Emily, Maria Lourdes Celina, Roy, and Ricardo Jr., – also known as the “Yanson 4” – he pointed to the fact in the Mathay, et al., vs. People (G.R. No.218964, June 3, 2020), a case recently decided by the Supreme Court, it rule that before any court under Republic Act No. 8799, it is the appropriate Regional Trial Courts (RTCs) that have jurisdiction to resolve intra-corporate disputes, and its existence direct the suspension of the preliminary investigation proceedings against an accused until proceedings on the intra-corporate issues are completed with finality.
Recognition of the existence and pendency of an intra-corporate dispute over VTI, pending before the Bacolod City RTC, can delve into the question of whether there is a probable cause to charge anyone with an offense.
Narvasa explained the threshold legal issue that needs to be addressed first is whether there is a prejudicial question that justifies suspension of criminal proceedings against a person indicted for a crime.
He pointed out the Supreme Court in the Mathay case ruled that a prejudicial question exists in a criminal case for falsification of public documents when two pending civil cases involving ownership over the shares of a corporation would determine whether the statements made in the GIS are true or absolutely false.
“This is precisely the same question and issue in the case against Atty. Galvez,” he pointed out.
He further stated the OCP Makati did not heed the pronouncements of the High Court and failed to apply its ruling to the case against Atty. Galvez despite its own confirmation that an intra-corporate dispute exists among the warring shareholders of VTI.
“Of course, those benefitted by the indictment of Atty. Galvez wisely suppressed important information that will render the OCP Makati’s resolution void, if not, premature,” Narvasa added.
The Yanson 4 are currently still locked in a bitter feud with their mother and family matriarch Olivia, and fellow siblings Leo Rey and Ginette Yanson-Dumancas since 2019 following the takeover of the bus firm’s head office and terminals.
In June of 2020, the criminal cases of carnapping, possession of explosives, robbery, and arbitrary detention against the Yanson 4 related to the violent takeover were dismissed by Department of Justice Assistant State Prosecutor Eric Opriasa for lack of evidence./DGB, WDJ