Dismissal of trespassing complaint vs. Y4 upheld

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The Central Visayas Regional Prosecutor’s Office has upheld the dismissal of a complaint against the Yanson 4 for trespassing in Dumaguete City, Negros Oriental, a press release from the Y4 said yesterday.

In resolution dated June 3, the Office of the Regional Prosecutor upheld the resolution of the Prosecutor of Dumaguete City dismissing in its entirety the complaint for trespassing filed by Olivia Yanson against her children Roy, Ricardo Jr., and Emily Yanson, and Ma. Lourdes Celina Yanson-Lopez, also known as the Yanson 4, the press release said.

In its Nov. 29, 2019 resolution, the Prosecutor of Dumaguete City found that because the Y4 are Olivia Yanson’s children and the property that was entered into is registered in her name as well as her late husband, Ricardo Yanson Sr., the latter’s passing vested upon the Y4 heredity and co-ownership rights over the property. It also found that Olivia Yanson had no personal knowledge of the incident complained of, the press release said.

The Office of the Regional Prosecutor held that there was no reason to reverse the findings of the Prosecutor of Dumaguete City, and noted that the purpose of preliminary investigation is to secure the innocent against hasty, malicious and oppressive prosecution, it added.

It ruled that despite ownership by Olivia Yanson of the property, it was being used by Vallacar Transit Inc. (VTI), of which the Y4 are directors and officers. Due to this, as well as the pending intra-corporate case in Bacolod City, it cannot rule on the Y4 or their representatives being stripped of their authority to enter it, the press release said.

As for the charge that the Y4 should be held liable for the change of security personnel in the property, the Regional Prosecutor averred that such “issue involves administrative and managerial protocols which this Office has no basis to tackle without any evidence or legal basis to begin with”.

Lawyers for the Y4 hailed the recognition by the Office of the Regional Prosecutor that the intra-corporate case in Bacolod City would be determinative of the management and control of VTI, and in conjunction with it, the propriety of filing criminal cases on its behalf against the Y4, the press release added.*

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