MANILA, Philippines – The Supreme Court (SC) First Division has reversed its August 2023 resolution that found a lawyer for the so-called “Yanson 2” siblings — Leo Rey Yanson and Ginnette Yanson-Dumancas — guilty of violating the lawyer’s oath and suspending him for one year. 

Both Leo and Ginnette, together with their mother, Olivia, now control the Yanson Group, owner of the Philippines’ largest transport fleet with around 5,000 bus units and 18,000 workers. 

In a January 27 resolution released on Monday, March 31, the SC First Division dismissed the complaint filed by fugitive siblings Roy and Emily Yanson against lawyer Jun Orlina, saying that “it cannot be concluded that Atty. Orlina engaged in unlawful, dishonest, immoral, or deceitful conduct, or any violation of the CPRA [Code of Professional Responsibility and Accountability].” 

Roy and Emily, plus siblings Ma. Lourdes Celina Yanson-Lopez and Ricardo V. Yanson Jr. — known as the “Yanson 4” — are fighting the Yanson 2 and their mother for control of the transportation enterprise.

The First Division reversed the SC’s August 2023 resolution which accused Orlina of falsely certifying a quorum in a special stockholders’ meeting of the Vallacar Transit Incorporated (VTI), conducted by Leo, Ginette, and Olivia, on August 19, 2019. The complaint alleged that Orlina knew the meeting was in violation of the Revised Corporation Code and the company’s by-laws.

The complaint was referred by the SC to the Integrated Bar of the Philippines-Commission on Bar Discipline for investigation. Based on its investigation, the IBP-CBD said Orlina “purposely made false statements regarding the shareholdings of VTI and falsely certified to the existence of a quorum in a Special Stockholders’ meeting of VTI conducted by his clients.”

The IBP Board of Governors then suspended him in November 2022 from practicing law, and the SC adopted the findings and the recommended penalty in its August 2023 decision.

In its reversal, the SC First Division cited Orlina’s defense that the August 2019 Special Stockholders meeting of VTI “was conducted in the presence of the stockholders owning at least a majority of the outstanding capital stock, based on VTI’s Stock and Transfer Book.” That meeting led to the election of Leo Rey as president; Charles Dumancas as vice president; Olivia Yanson as corporate secretary; and Ginnette Yanson-Dumancas as treasurer.

Orlina had argued that he “acted within the bounds of the law, as he merely accepted his designation as Acting Corporate Secretary in accordance with the wishes of the stockholders owning majority of VTI’s outstanding capital stock.”

In its latest resolution, the First Division said: “Attorneys enjoy the legal presumption of innocence until the contrary is proved. The burden of proof in disbarment and suspension proceedings is on the complainant. While the Court will not hesitate to mete out disciplinary punishment on lawyers who are shown to have failed to perform their sworn duties, it will also not be reluctant in extending its protective arm when the accusations against them are not supported with substantial evidence.”

Responding to the resolution, Orlina told Rappler: “This case has been a long time coming. I had to wait for more than a year — even beyond the suspension period — to clear my name of administrative blemish…. I feel vindicated, knowing that I did no wrong, and remained loyal to the oath I had sworn to uphold.”

“I remained firm, steadfast, and unwavering in my hope that the Supreme Court would revisit and resolve my case based on merits, rather than dismiss it as moot,” he added. 

In August 2023, billionaire Olivia Villaflores Yanson secured a legal approval from a regional court for the probate of her will, designating only two of her six children — Leo Rey and Ginnette — as rightful heirs to the vast family business empire. 

After the family’s patriarch, Ricardo Yanson, passed away on October 28, 2015, the family has been involved in a turbulent feud, including a physical struggle for control of their company.

The Bacolod City Regional Trial Court Branch 44, in its August 31, 2023, ruling, affirmed that Olivia was in sound mental capacity when she freely executed her will. 

Dismissing allegations of undue influence put forth by her disinherited children Roy, Emily, Celina and Ricardo Jr., the court upheld the validity of the testament, solidifying Leo Rey and Ginnette’s claim to the significant Yanson business legacy.

Olivia’s four estranged children quietly left the country before a Bacolod court issued in December 2022 arrest warrants for qualified theft linked to missing equipment, documents, and other assets of Vallacar. The Court of Appeals (CA) affirmed that ruling in June 2023.

The Yanson 4 siblings also filed a qualified theft, falsification, and perjury complaint against their mother and siblings Leo and Ginnette, and others.

But the CA has affirmed with finality the decision of the Department of Justice to dismiss the complaint. – with reports from Inday Espina-Varona, Erwin Delilan/Rappler