The National Prosecution Service (NPS) of the Department of Justice (DOJ) has cleared a  Filipino-Indian businessman, his mother, and five others in a criminal complaint that accused them of "falsifying documents" on the properties owned by their family members.

In a 20-page resolution dated Oct. 26, 2023, the NPS dismissed the complaint filed by the National Bureau of Investigation (NBI) on behalf of Filipino-Indian complainant Amith P. Chandiramani who accused his brother, Rajiv P. Chandiramani, of falsification of public documents under paragraph 1 of Article 172 of the Revised Penal Code (RPC) in relation to Article 171 concerning falsification by public officer, employee or notary or ecclesiastic minister.

Also cleared were the brothers’ mother Pushpa Chandiramani, Janet De Luna Cardinal, Maria Anita T. Turqueza, Rommel S. Olaybar, Christina M. Gutierrez and Angelito L. Manuel.

“After carefully scrutinizing the evidence submitted by all parties, it cannot escape our attention that Amith failed to specifically mention or alleged in his complaint-affidavit that, sometime in July 2022, he previously filed a similar complaint for falsification of public documents against Rajiv and their mother and several other respondents before the OCP (Office of the City Prosecutor)-Makati City involving the sale and mortgage documents of the subject real properties in this case,” stated the resolution signed by Assistant State Prosecutor Eric C. Opriasa with the approving signatures of Senior Deputy State Prosecutors Richard Anthony D. Fadullon and Mariza O. De Los Santos-Jaugan.

In his complaint, Amith said he owns two properties in Makati City measuring 438 square meters and 437 square meters but ended up being sold in 2015 for P16 million to Royal Brothers Realty and Development, Inc. where Rajiv is the president.

Amith alleged that it is not possible for the properties to be sold since he was confined during the sale at the Metro Psych Facility Roads and Bridges Facility.

He also alleged that his deceased father Prem left behind two properties in Quezon City measuring 1,559 square meters and 660 square meters but ended up being sold to Royal Brothers for P192.761 million in 2018 and Mayview Philippines, Inc.for P32.5 million in 2019, respectively. Rajiv is also a director and incorporator of Mayview.

He further alleged that the sales of their father's properties could not have taken place since Prem was already dead during those years.

In the resolution, the DOJ prosecutor pointed out “Amith failed to disclose the fact that the OCP-Makati City already issued a resolution dated 17 August 2022 in his previously filed complaint against Rajiv and several other respondents for falsification of public documents because he (Amith) executed an affidavit of desistance praying for the withdrawal or dismissal thereof, with prejudice…”

“Records show that Amith and Rajiv executed a compromise dated 01 August 2022 settling their differences in the cases filed against each other as well as all claims, counterclaims and causes of action involving or relating to the right over the estate of their deceased father or any part thereof,” the resolution stated.

It also stated that the compromise agreement reached by the two brothers was “in the nature of an extrajudicial compromise agreement” and “contains all the elements of a valid contract.”

“As a result of the execution of the compromise agreement, Rajiv undertook to pay Amith a total amount of P150,000,000 payable by installments,” it said.

The resolution also noted that “the compromise agreement contains a stipulation as to waiver and quitclaim applicable to all parties….”

“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. By his (Amith) own admission, action and declaration that he recognizes the validity of transfers of the subject real properties, including the fact that the transfers were made with his knowledge and consent, his claim of falsification is effectively negated,” it also stated.