FILE PHOTO: DOJ logo. CONSULTANT FILES
MANILA, Philippines – The Department of Justice (DOJ) has dismissed the criminal case filed against Filipino-Indian businessman Rajiv Chandiramani, his mother Pushpa and five others in connection with the disposal of properties worth P1 billion.
In a 20-page resolution made public Tuesday, the complaint was dismissed for lack of probable cause.
Probable cause means that there are facts and circumstances that would lead a reasonable mind to believe that a person committed a crime and should be prosecuted for it.
Chandiramani, his mother Pushpa and his business associates Janet de Luna Cardinal, Maria Anita Turqueza, Rommel Olayber, Christina Gutierrez and Angelito Manuel were charged with violating the Revised Penal Code for falsifying Public Documents.
The complaint was filed by Rajiv’s estranged brother, Amith Prem Chandiramani, who accused the defendants 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 to the fact that Amith failed to disclose that he filed a similar complaint with the Makati Public Prosecutor’s Office in July 2022.
READ: Filipino-Indian billionaire seeks dismissal of forgery case filed by brother
The DOJ added that Amith also failed to disclose in his complaint that the case filed in Makati was withdrawn following a compromise agreement reached with his family.
The DOJ resolution noted that the compromise agreement provides a waiver and waiver covering any and all potential claims or rights to each other arising out of, or in connection with, the cases, as well as his late father’s estate.
“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,” the DOJ resolution read.
“The compromise agreement agreed between Amith and Rajiv was in the nature of an out-of-court compromise agreement. A careful reading of it shows that it contains all the elements of a valid contract. Likewise, it was 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 recognizing the validity of the transfer of the properties subject to the questioned instruments of sale and mortgage.
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“Under the circumstances, Amith can no longer deny that his signatures and the signatures of his late father appearing on the instruments of sale and mortgage in question relating to the disputed transfer of real property were forged,” the resolution read.
