Boracay-based realtor defends self against accusations of expats, lawyer
‘Khanna Has Not Victimized Any Foreigner’
Boracay-based realtor Dolora “Dolly” Khana has defended herself against the accusations of four expatriates and a Filipino lawyer who have charged her for estafa before the Aklan Provincial Prosecutor’s Office.
Khanna, represented by her lawyers Sonya Margarita Benemerito-Castillo, Deanna Melissa Lorenzo-Singian and Grace Maria Theresa Bambi de los Reyes, reacted to a Philippine News Agency report published in The News Today website last November 18 about the allegations against her of the foreigners identified as Canadians Peter Eckart and Peter Tayler and Americans Spencer Anderson and Evelyn Anderson, and Filipino lawyer Lucas Licerio.
In a letter to The News Today, Khanna’s lawyers said their client informed them that the statements published in this newspaper’s website were “false, derogatory and malicious” as these stated that Khanna has defrauded both Filipinos and foreigners by allegedly promising them real property ownership in Boracay.
The foreigners mentioned in their letter were Peter Eckert, Tyler Anderson, Spencer Anderson, and Evelyn Anderson.
“It must be emphasized that our client has not victimized any foreigner. These four individuals mentioned in the website as ‘American expats’ are in fact Canadian nationals with no visible known source of income and are thus not legitimate businessmen,” the lawyers said.
Not Convicted
Khanna’s lawyers said there is no truth to the claim of the Khanna’s accusers that she was convicted of estafa charges in California, U.S.A.
“Mrs. Khanna vehemently denies that she has been charged with estafa in the United States. In fact, Mrs. Khanna was and still is working in the services of the Federal Bureau of Investigation of the United States as an informant and as such she has helped the Government of the United States recover over US$800 million from notorious criminal syndicates,” they said.
Reputable Businesswoman
Her lawyers said that “contrary to the malicious and deceitful statements,” the “truth of the matter is that” Mrs. Khanna is “a reputable business woman with multiple successful businesses in the United States” and “she recently returned to the Philippines and fell in love with her country of birth” that “she decided to acquire dual citizenship and invest in Boracay, as a sign of her confidence in the Philippines.”
Khanna, who is married to American citizen Sumit Khanna, has put up Boracay Luxury Homes, a sole proprietorship duly registered with the Department of Trade and Industry, and her husband is actively assisting her in her business, they said.
Khanna owns thousands of square meters of Lot 593, the subject properties, by virtue of a series of Deeds of Absolute Sale executed between Licerio, in his capacity as heir and attorney-in-fact of the other remaining heirs, as seller, and Khanna, as buyer.
“And as owner, thereof, Mrs. Khanna has the right to dispose them,” her lawyers said.
After she bought the properties from Licerio in 2007, Khanna developed the properties, designed and constructed homes and other improvements, and marketed them all at her sole expense.
Her lawyers said the project was referred to as the Cliff Project, where the Anderson spouses, Spencer and Evelyn, having fully paid for their homes, were issued a Deed of Absolute Sale and “since then, possession of their homes has been entirely turned over to them.”
Unpaid
Khanna’s lawyers said that Tyler Anderson, son of Spencer Anderson, and Peter Eckert, brother of Evelyn Anderson, have both not yet paid Khanna in full for the houses they ordered her to construct.
“Both Tyler Anderson and Peter Eckert have been delaying the finalization of the blue prints of their houses in an attempt to delay the construction of their homes and further delay payment to Mrs. Khanna,” they added.
Detained, Padlocked
According to Khanna’s lawyers, in the morning of October 3, the Anderson spouses, along with two persons and Licerio, took over the Cliff area, detained all of Khanna’s staff inside and padlocked the gate.
They also cut Khanna’s main water line, forcing her staff to drink from the swimming pool for eight days. Even her daughter was not allowed to leave the Cliff area and attend school, they added.
However, such incident was denied by Licerio in the earlier PNA story, saying that the National Bureau of Investigation agents found the report of such incident negative.
Cases vs Licerio
Khanna’s lawyers said that as a result of the incidents mentioned, cases have been filed by their client against Licerio, the foreigners’ lawyer, Gina Garcia, and their conspirators and cohorts.
Khanna charged Garcia for estafa before the Makati City Prosecutor’s Office and filed disbarment charges against her before the Integrated Bar of the Philippines for having “duped” their client large amounts of money by enticing her to enter into contracts with the expatriates.
They added that Licerio, whom their client charged for estafa before the Office of the Provincial Prosecutor of Aklan, “abused his relationship with Mrs. Khanna through deceit, false pretenses, and other fraudulent acts.” He swindled Khanna at least P30 million by selling to her certain properties in Boracay, they said.
Khanna also filed charges for grave coercion against Licerio and John Does before the Office of the Provincial Prosecutor of Aklan for compelling her staff to stay in her house on the Cliff against their will.
A case for illegal detention was also filed by Khanna against Licerio and John and Jane Does before the Office of the Provincial Prosecutor of Aklan for orchestrating the illegal detention of her staff, along with children, in the Cliff area without potable water or food.
Khanna also charged Licerio, along with Boracay Sun consulting editor John Dizon, for libel before the Office of the City Prosecutor of Makati for causing a notice to be published with defamatory statements against her.
A case for injunction was also filed by Khanna against Licerio before the Regional Trial Court of Aklan for depriving her of her continued, peaceful, uninterrupted, uncontested possession of her Boracay properties.
The court has in fact issued a Temporary Restraining Order against Licerio and his cohorts to cease and desist from usurping the Boracay properties of Khanna and from depriving her of her ownership and lawful possession of the said properties, her lawyers added.*NLG