Kris Aquino qualified-theft complaint vs Nicko Falcis in Makati Prosecutor's Office dismissed

IMAGE Noel Orsal / Rachelle Siazon

Kris Aquino filed 44 counts of qualified theft complaint against Nicko Falcis in seven cities in 2018; one of them, Makati City, has dismissed the complaint.


#KrisAquinoVsNickoFalcis

Ibinasura ng Makati Prosecutor’s Office ang reklamong qualified theft na isinampa ni Kris Aquino laban sa kanyang dating business manager na si Nicko Falcis.

"No sufficient evidence" ang nasabing reklamo kaya hindi raw ito dapat pang umabot sa korte para sa isang full-blown trial.

Sa apat na pahina ng desisyong pirmado ni Assistant City Prosecutor Paolo C. Barcelona, at inaprubahan ni Senior Deputy City Prosecutor Emmanuel D. Medina, nakasaad sa resolusyon na hindi napatunayan ni Kris na ninakawan siya ni Nicko ng P1.270 million sa pamamagitan ng paggamit ng company credit card.

May petsa ang desisyon na February 18, 2019.

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 IMAGE Courtesy: PEP.ph Source

Sa kanyang complaint affidavit, inakusahan ni Kris si Nicko ng paggamit ng credit card ng Kris Cojuangco Aquino Productions (KCAP) nang walang kaukulang pahintulot mula sa kanya.

Umabot daw sa lagpas isang milyon ang halagang ninakaw ni Nicko mula sa kumpanya ni Kris.

Dahil dito, sinampahan ni Kris si Nicko ng 44 counts of qualified theft sa pitong siyudad sa Metro Manila, kasama ang Makati, at ang mga siyudad ng San Juan, Mandaluyong, Pasig, Taguig, Manila, at Quezon City.

Humihingi si Kris ng danyos na aabot sa of P32.27 million.

Kabilang na rito ang P1,270,980.31 as actual damages, P15,000,000 as temperate damages, P1,000,000 as examplary damages, P10,000,000 as moral damages, P5,000,000 as attorney's fees, at halaga ng pagtatagal ng bista o hearing.

THE DECISION

Mula sa isang source, nakakuha ang PEP.ph (Philippine Entertainment Portal) ng kopya ng desisyon ng Makati Prosecutor’s Office ngayong umaga ng Biyernes, February 22.

Dito ay idinetalye ng fiscal ang kanyang desisyong ibasura ang reklamo ni Kris laban kay Nicko.

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Nakasaad dito: "After a careful examination of the records of the case, this Office is inclined to dismiss the complaints as there is no sufficient evidence to engender a well-founded belief that Falcis committed the crimes charged.

"Aquino asserts that by using the KCAP card to purchase the goods and services for his personal benefit, in violation of the trust that she has given, Falcis committed the crime of qualified theft.

“The office begs to disagree.

“At the onset, it is important to note that no evidence was presented with regard to any agreement between Aquino and Falcis as regards the use of the subject credit card.

“Accordingly, the basic rules is that mere allegation is not evidence and is not equivalent to proof.

"In preliminary investigation, the complainant bears the onus of establishing, through evidence, that more likely than not a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

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“The complainant cannot rely on mere conjectures and suppositions.

"If the complainant fails to substantiate her allegations, her complaint must be dismissed for lack of merit.”

THE CREDIT CARD

Ayon pa sa desisyon, walang pananagutan si Nicko kay Kris, kundi sa mismong bangko na nagmamay-ari ng nasabing credit card.

“In addition, careful reading of the evidence on record reveals that the subject KCAP card is a BDO Visa Gold Corporate Card.

“It is the sole property of the issuer thereof, BDO.

“It is not disputed that Falcis is the cardholder in whose name the KCAP card was issued.

“As such he can use the same card subject to the terms and conditions imposed by BDO for the issuance of the said card.

“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.

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“Thus, should Falcis not pay his credit card bill, BDO can directly initiate legal actions against him to compel him to pay.

"Given the foregoing, Falcis’ use of the KCAP card for his personal expenditures would not make him liable for theft.

"He is only liable to BDO for card transactions that he had made using the card.”

NO PROBABLE CAUSE

Wala rin daw halaga sa reklamo ang katotohanang si Kris ang nagbabayad ng card ni Nicko.

“The fact that Aquino paid Falcis’ credit card bill is no moment.

“This will only make the latter civilly liable to the former as she is entitled to reimbursement for the amount that she has paid.

“Anent the charge of violation of REPUBLIC ACT 8484, this Office finds no probable cause to charge Falcis with the same.  

“As discussed above, the KCAP card was issued in the name of Falcis.

“As the cardholder he can use the card for his purchases subject to the terms and conditions of BDO.

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“In addition, no proof was presented that he used the card with intent to gain or intent to defraud.

“Accordingly, he is, at most, only liable to pay his card bill that has become due.

"WHEREFORE, premises considered, the complaints for qualified theft under art. 310 of THE REVISED PENAL CODE and violation of REPUBLIC ACT 8484 against Nicanor M. Falcis II are respectfully recommended to be dismissed, as upon approval, are hereby dismissed for lack of probable cause.”

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 IMAGE Courtesy: PEP.ph Source


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