Kris Aquino camp says dismissal of theft complaint vs Nicko Falcis "irregular and legally flawed"

IMAGE Noel Orsal / Courtesy: @nix722 on Instagram

Official statement of lawyers of Kris Aquino (left) about Makati Prosecutor's Office's dismissal of qualified-theft complaint filed against Nicko Falcis (right): "This resolution from the Makati prosecutor is not final and we will ensure that justice is served for Ms. Aquino."


#KrisAquinoVsNicko Falcis

Ikinagulat ng kampo ni Kris Aquino ang resolusyon ng Makati Prosecutor’s Office na ibasura ang reklamong qualified theft na inihain ng TV host/actress/web star laban sa dating business manager nitong si Nicko Falcis.

Sa official statement ng Fortun Narvasa Salazar Law Office, ang law firm na humahawak sa reklamo ni Kris, nakasaad ditong magsusumite sila ng motion for reconsideration.

Wala pa raw silang kopya ng resolusyon na lumabas noong February 18, 2019, na pirmado ni Makati City Assistant Prosecutor Paolo C. Barcelona at inaprubahan ni Senior Deputy City Prosecutor Emmanuel D. Medina.

Kaya ikinagulat daw nilang nauna pa sa kanilang makakuha ng kopya ng resolution ang ilang news sites, partikular na ang PEP.ph (Philippine Entertainment Portal).

Naninidigan din ang mga abugado ni Kris na "irregular and legally flawed" ang resolution na inilabas ng Makati City Prosecutor's Office.

Sisiguraduhin daw nilang makukuha ng kliyente nilang si Kris ang hustisya.

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Narito ang buong pahayag ng mga abugado ni Kris (published as is):

“Today, we were told that the Makati City Prosecutor’s Office dismissed the complaint of Ms. Kris Aquino on qualified theft and violation of Republic Act No 8484 against Nicko Falcis.

“We have yet to determine the basis for this information and how news sites, especially Pep.ph we’re able to get a copy of the resolution ahead of most everyone including Ms. Aquino’s lawyers, despite consistent follow up queries with the assigned investigating prosecutor just today.

“We are filing a motion for reconsideration of that resolution as soon as we receive our copy.

“However, we find this resolution irregular and legally flawed on the following grounds:

1. The credit card in question was clearly owned by KCA Productions, not respondent Mr. Nicko Falcis as it was plainly embossed on the card. Mr. Falcis’ name was simply put there to show he was authorized to use it for Ms. Aquino, but not for his personal transactions.

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2. Mr. Falcis even admitted in his messages to Ms. Aquino that what he did in using the card for personal transactions was wrong. He also tried to pay part of it by using his own check to cover the cost of his personal purchases. His admissions to wrongdoing were all submitted to the prosecutor who may have glossed over those.

3. Mr. Falcis did not even appear and did not file counter-affidavit to refute the charges against him. His alleged defenses in his 'verified omnibus motion' should not have even been considered by the city prosecutor.

4. His defenses are only his own allegations, the truth of which should be proved during trial. The task of the prosecutor is to determine whether or not there is probable cause to charge him of these offenses.

“The case is only one of the many cases filed by Ms. Aquino against Mr. Falcis, all of which are pending resolution before several jurisdictions.

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“This resolution from the Makati prosecutor is not final and we will ensure that justice is served for Ms. Aquino.”

NICKO CAMP STATEMENT

Samantala, hiningi ng PEP.ph ang reaksiyon ng kampo ni Nicko tungkol sa pahayag ng mga abugado ni Kris.

Ayon sa kapatid ni Nicko na si Atty. Jess Falcis, na tumatayo ring spokesperson ng pamilya Falcis, dapat patunayan sa korte, hindi sa publiko, kung may bigat ang kaso ni Kris.

Sa pagsabi nito ay tila ibinalik lamang ni Atty. Jess ang sinabi rin noon ni Kris at ng mga abugado nito na sa korte ang laban, hindi sa social media.

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Ang mga nakasaad daw na mga argumento ng kampo ni Kris ay siya rin nilang isinumite sa piskalya, ngunit hindi sila pinaniwalaan.

Ang burden of proof daw ay nasa accuser, at base sa desisyon ng Makati Prosecutor's Office, hindi nila nagawang patunayan ito.

Narito ang buong pahayag ni Atty. Jess Falcis (published as is):

“1. Fortun Narvasa Salazar should argue their case before the fiscal instead of the public. Wasn’t it Kris and her lawyers who told my family to answer the cases legally and not on social media or mainstream media? Chalk another one up for hypocrisy.

“2. They raised the same arguments before the fiscal but they were not believed. The burden of proof is on the accuser and clearly from the decision of the Makati City Prosecutor’s Office, Kris and her lawyers failed to meet the standard of probable cause.

“3. The case of qualified theft over credit card charges is at it’s core one of absurd legal theory that any first year law student would laugh at. Maybe Fortun should review his criminal law, which people say is his so-called expertise.”

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ABOUT THE AUTHOR

Lead Correspondent, Top Story Man '12, Stringer of the Year '13, Top Contributor '14, Staff Reporter of the Year '15-'16 @arnielcserato (Twitter/Instagram)


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