The Department of Justice has dismissed charges of falsification of public documents against Filipino-Indian billionaire Rajiv Chandiramani, his mother Pushpa, and five others in connection with the disposition of their more than P1 billion worth of properties and businesses.
Assistant State Prosecutor Eric Opriasa in a 20-page resolution found a lack of probable cause to warrant the filing of a case for violation of paragraph 1 of Article 172, in relation to Article 171, of the Revised Penal Code (falsification of public documents) before the trial court against the respondents.
Rajiv's business associates namely Janet de Luna Cardinal, Maria Anita Turqueza, Rommel Olayber, Christina Gutierrez and Angelito Manuel were also cleared of wrongdoing.
The complaint was filed by Rajiv's estranged brother Amith Prem Chandiramani who accused the respondents of conspiring to effect the illegal transfer to Rajiv of several properties and business interests worth billions of pesos that were lawfully willed to him by their father Prem, before he passed away on 26 December 2011.
The complainant said he was shocked upon learning about the illegal transfer and eventual sale of the properties that started sometime in 2018 or seven years after his father's death.
The DoJ in dismissing the complaint, pointed out Amith's failure to disclose in his complaint affidavit that sometime in July 2022, he previously filed a similar complaint for falsification of public documents against Rajig and their mother and several other respondents before the Office of the Prosecutor of Makati City involving the sale and mortgage of real properties subject of the case.
Affidavit of desistance
It also said that Amith failed to disclose that the OCP-Makati City already issued a resolution on 17 August 2022 which deemed his complaint withdrawn after he executed an affidavit of desistance praying for the withdrawal or dismissal of his complaint.
Amith, the DoJ said, was silent about the compromise agreement that he and Rajiv entered into on 1 August 2022 covering the subject in order to end their rift and upon persuasion of family members.
Rajiv earlier said he agreed to a compromise with Amith in the spirit of family ties and relations, which led to the mutual withdrawal of the cases that they filed against each other.
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.
It noted, Amith received millions of pesos from Rajiv, apart from the fact that the latter bound himself to support Amith in the amount of P600,000 monthly until the total amount of payments reached P150 million.
Also, the justice department pointed out that Amith never denied receiving millions from Rajiv upon the execution of their compromise agreement and the monthly support of P600,000.
"The compromise agreement agreed into by Amith and Rajiv was in the nature of an extrajudicial compromise agreement. 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.
It also noted that Amith admitted that he recognizes the validity of the transfer of the properties subject of the questioned sale and mortgage instruments.
The DoJ said Amith, even acknowledged that all these transactions were made with his knowledge and consent.