By Neil Jayson Servallos / Manila Times
The Makati City Prosecutor’s Office has dismissed the qualified theft case filed by Kris Aquino against her former project manager Nicanor “Nicko” Falcis, who was also managing director of Kris Cojuangco Aquino Productions (KCAP). Emmanuel Medina, Makati senior deputy city prosecutor, approved on Monday Assistant City Prosecutor Paolo Barcelona’s resolution, moving for the dismissal of the case for lack of probable cause.
This was one of the complaints lodged against Falcis in several cities over his alleged charging of more than P1mn to a BDO corporate card under Aquino’s company KCAP without consent from the former.
The charges filed in Makati stemmed from 13 alleged transactions amounting to P404,794.34.
“No evidence was presented with regard to any agreement between Aquino and Falcis as regards the use of the subject credit card (under Falcis’ name),” the order read.
Medina explained that with Falcis’ name on the card, he could use it according to the terms imposed by BDO and “using it for personal expenses does not make him liable for theft.”
“As cardholder, Falcis is personally liable to BDO for any and all amounts charged to the card.
It is for this reason that Falcis’ name appears in the credit cards statement of account.
Thus, should Falcis now pay his credit card bill, BDO can directly initiate legal action against him to compel him to pay,” the resolution said.
“He is only liable to BDO for the card transactions that he had made using the card,” it added.
Aquino also yesterday filed her counter-affidavit on a grave threat case lodged against her by Nicko and his brother Jesus before the Quezon City Prosecutor’s Office.
“I did not threaten to kill Nicko. I was very angry at them so I said something when I was interviewed last Sept 27, 2018. I was hoping to personally meet them today.
But they are not here. Let’s meet on next hearing on March 8,” she told reporters.
The Divina law office, which is handling the case, said the grave threat case was a mere “afterthought, a measly ploy to retaliate” and to respond to the P45mn qualified-theft case filed against Nicko.
Aquino said her harsh words against Nicko were more of a threat of legal action.
Her counter-affidavit said the Falcis brothers failed to submit to the prosecutor an audio recording of her alleged threat.
“What they submitted was a mere screenshot of an article about the audio recording, making it a hearsay and inadmissible in court,” Aquino said.
Aquino, who was accompanied by sons, Joshua and Bimby and sister Balsy, expressed confidence that the complaint filed against her would be dismissed.
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