THE Court of Appeals (CA) has upheld the warrants of arrest and hold departure orders issued by a Bacolod City regional trial court against four feuding members of the Yanson family in connection with the 2019 attempt to take over the control and management of Vallacar Transit Incorporated that operates routes in Visayas and Mindanao.
In a 17-page resolution promulgated on June 21 but only made public yesterday, the appellate court’s Nineteenth Division held that Bacolod City RTC Branch 44 Presiding Judge Ana Celeste Bernad did not err when she issued the order dated December 2, 2022 finding probable cause for qualified theft against Roy Yanson, Ricardo Yanson Jr., Ma. Lourdes Celina Yanson and Emily Yanson.
The qualified theft charges were filed against the Yanson siblings in connection with the missing equipment, documents, and other assets during the attempted takeover of the operation of the Vallacar bus firm.
The four earlier questioned before the CA the “inordinate delay” in the RTC’s resolution of their urgent motion assailing the warrants issued against them in violation of existing laws.
But the appellate court rejected their arguments and affirmed the RTC’s order.
“Petitioners’ partial motion for reconsideration and the two other supplemental motions relating to it, offer no novel matters. A reading of our decision bears that we have already threshed out their arguments. Albeit unnecessary, we will reiterate. We found no inordinate or excessive delay in the public respondent’s resolution of their motion to suspend,” said the CA ruling penned by Associate Justice Marilyn Lagura-Yap with the concurrence of Associate Justices Jacinto Fajardo Jr. and Regelio Lagro.
“As for the public respondent’s issuance of the December 2, 2022 order finding probable cause to issue warrants of arrest against petitioners, we find no issue regarding the matter.
Contrary to petitioners’ claim, we do not find public respondent’s issuance of her December 2, 2022 order disrespectful to this Court. Instead, it is a fulfillment of her duty and an exercise of her inherent power to amend and control the court’s processes and orders so as to make expeditious and still conformable to law,” the CA said.
As to the issue of the issuance of hold departure orders, the CA stressed that they should have appealed the matter before the RTC instead of elevating the issue to the appeals court.
“Since public respondent has already made a determination of probable cause for the issuance of warrants of arrest against petitioners, the latter can readily clarify with her the status and outcome of the HDOs that she issued against them. Considering the availability of this avenue, petitioner’s filing of the supplemental petition for certiorari in this case, is not viable,” the court ruled.
“Time and again, the Supreme Court has emphasized that the special civil action for certiorari is a limited form of review and a remedy of last recourse. It may only be invoked when there is no appeal, nor any plain, speedy and adequate remedy in the course of law,” it added.
To recall, the four Yanson siblings filed a motion for reconsideration and supplemental motions before the CA to challenge the warrant of arrest and hold departure order issued against them by the Bacolod City RTC.
Aside from the qualified theft charges, they are also charged with carnapping and grave coercion before Branch 53 of the Bacolod City RTC.
The Yanson family has been engaged in a long-running battle for control of their bus empire.
The Yanson siblings, or called Yanson 4, belongs to one camp, while their mother Olivia and siblings Leo Rey Yanson and Ginnette Dumanacas remain in physical control of the bus firm and its operations.
Court records showed that in a special board meeting on July 7, 2019, the Yanson 4 removed Leo Rey as president of VTI and replaced him with Roy.
This prompted Leo Rey to file a case against them questioning his removal and asked the court to nullify the special board meeting and reinstate him as president of VTI.
The Yanson 4 then took over VTI’s head office from July 7 to August 5, 2019 with the help of security guards from AY 76 Security Specialists Inc. whom they hired to replace the guards of Armor Guard Negros Security Agency (AGNSA).
