Emily Yanson’s indictment for falsification and perjury following complaints filed by her brother, Leo Rey, and mother, Olivia Yanson, as alleged officers of Vallacar Transit Inc. (VTI) is now the subject of an appeal before the Department of Justice, her lawyer, Carlo Joaquin Narvasa, said in a press release yesterday.
This is one in a string of cases filed by the minority faction of Leo Rey and his supporters after their violent takeover without any court order of the Mansilingan head office of VTI which was then managed by the Y4, majority shareholders Roy, Emily, Ricardo Jr., and Ma. Lourdes Celina Lopez, he said.
The Y4 claim that this nuisance suit was done to consolidate Leo Rey’s control over the bus company despite the pendency of an intra-corporate case that he himself filed, now pending with the Bacolod RTC, Narvasa added.
The appeal filed by Emily showed official records in the files of the SEC that confirm she was the corporate secretary and director of VTI from the years 2016 to 2019. It alleged admissions made by Leo Rey and sister, Ginnette Dumancas, in company documents, the press release said.
Leo Rey, who was VTI’s president until his ouster in July 2019 by the Y4, consented to and allowed these official documents to be filed by Emily with the SEC. He agreed to everything that was reported until he turned about and now questions Emily’s shares and actions as VTI corporate secretary while he was its president, it added.
The Y4 assert that Leo Rey cannot claim that Emily was not a stockholder and secretary of VTI as he was its chairman and president when those official documents were submitted to the SEC, he accepted and was quiet about it from 2016 to 2019, and he alone had command responsibility and bore the duty to ensure the correctness of actions taken by his officers, including reports done before that government regulatory agency by Emily for the past four years, the press release added.
Olivia was no longer a shareholder of VTI since 2015 when she signed an Extrajudicial Settlement of the estate of her late husband, Ricardo Sr., and relinquished her shares in favor of her children. This fact is plain in admissions made in court by Ginnette herself, it said.
VTI is a corporation that can only act through its Board of Directors and authorized corporate officers. A corporation’s official acts are reflected in Secretary’s Certificates signed by the Secretary who takes instructions from its president, the press release also said.
“It then is funny how Emily’s acts as approved by Leo Rey himself can now be taken against her and considered as falsified or perjured when he surely would not have allowed it if it were untrue,” it said. Ricardo Yanson Jr., EVY’s brother, was elected VTI corporate secretary at the annual stockholders’ meeting of the company December 2019, the press release added.*