DOJ junks raps against Olivia Yanson

The Department of Justice (DOJ) has dismissed the case filed by the Yanson siblings against the group of their matriarch, Olivia Yanson, for taking over the operations of the country’s largest bus company.

Roy V. Yanson, Emily V. Yanson, Ma. Lourdes Celina Yanson-Lopez and Ricardo V. Yanson Jr.—dubbed the Yanson Four—filed charges of perjury, falsification of public documents and qualified theft against the group of their mother who is now in control of Rural Transit Mindanao Inc., Bachelor Express Inc. and Mindanao Star Bus Transport Inc.

The cases, however, were filed by lawyer Sigfrid Fortun on behalf of the siblings. In a resolution dated April 27, Senior Assistant State Prosecutor Philip L. dela Cruz denied the motion for reconsideration filed by Fortun challenging the DOJ Resolution dated October 18, 2021, which already dismissed the charges filed by Fortun against Olivia and her camp, including Ginnette Y. Dumancas, Leo Rey V. Yanson, Anita G. Chua, Daniel Nicolas Golez, Rey Ardo and Charles M. Dumancas.

“Since the very complaint-affidavit executed by attorney-in-fact Atty. Sigfrid A. Fortun suffers from an inherent legal flaw or infirmity: hearsay and therefore inadmissible in evidence, there is no need to pass upon the other grounds raised by the former in his motion for reconsideration as the same adverse verdict must necessarily be rendered on said other arguments that are anchored on the same defective complaint-affidavit,” the DOJ said in its resolution.

The DOJ said that with the failure by the Yanson siblings as complainants to attend the preliminary investigation, the complaint-affidavit of Fortun should be “dismissed for being hearsay in nature.”

“A careful reading of the complaint-affidavit executed by Attorney-in-Fact Atty. Sigfrid A. Fortun would readily show that he did not attest that he was personally present during the events/incidents/happenings material in his complaint affidavit like the alleged board meetings, stockholders meetings and the like.  Such omission is fatal to his complaint as it is an elementary legal principle that hearsay evidence cannot be the basis of probable cause,” the DOJ said.

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