DOJ junks falsification case vs Filipino-Indian businessman, mom, 5 others
MANILA, Philippines — The Department of Justice (DOJ) dismissed the criminal case filed against a Filipino-Indian businessman Rajiv Chandiramani, his mother Pushpa, and five others regarding the disposition of P1 billion worth of properties.
In a 20-page resolution made public Tuesday, the complaint was dismissed for lack of probable cause.
Probable cause means there are facts and circumstances that would lead a reasonable mind to believe that a person has committed a crime and that he or she should be prosecuted for it.
Chandiramani, his mother Pushpa, and their business associates Janet de Luna Cardinal, Maria Anita Turqueza, Rommel Olayber, Christina Gutierrez, and Angelito Manuel were accused of violating the Revised Penal Code for falsification of Public Documents.
The complaint was filed by Rajiv’s estranged brother Amith Prem Chandiramani, who accused the respondents of conspiring to transfer properties and business interests left by their father, Prem, before he passed away on December 26, 2011.
In dismissing the complaint, the DOJ points at Amith’s failure to disclose that he filed a similar complaint before the Makati Prosecutors Office in July 2022.
The DOJ added that Amith also failed to disclose in his complaint that the case filed in Makati was withdrawn following a compromise deal entered into with his family.
The DOJ resolution noted that the compromise agreement provides a waiver and quitclaim covering any and all potential claims or rights against each other arising from, or in connection with the cases, as well as the estate of their late father.
“This Office must respect the provisions of the compromise agreement as the same was mutually agreed upon and executed by the parties without any force, fraud, and undue intimidation,” read the DOJ resolution.
“The compromise agreement agreed into by Amith and Rajiv was in the nature of an extrajudicial compromise agreement. A perusal of the same shows that it contains all the elements of a valid contract. Likewise, it has been mutually agreed upon by Amith and Rajiv without any act of force, fraud, or undue intimidation,” the DOJ noted.
The DOJ added that Amith himself admitted that he recognizes the validity of the transfer of the properties subject to the questioned sale and mortgage instruments.
“Under these circumstances, Amith cannot anymore deny that his signatures and the signatures of their deceased father appearing in the subject sale and mortgage instruments relating to the contested transfer of real properties were falsified,” the resolution read.