By CNN Philippines Staff
The bid of so-called Queen of All Media Kris Aquino to get back at her estranged business partner fell flat before the Makati prosecutor’s office, which junked her complaints for qualified theft.
The Makati prosecutor’s office dismissed Aquino’s complaints against Falcis for lacking probable cause.
Aquino earlier filed 44 counts of qualified theft charges and violation of the Access Devices Regulation Act before the offices of the prosecutors of Mandaluyong, Pasig, Makati, Quezon City and Manila against Falcis. She alleged that Falcis used her production company’s credit card for personal expenses totalling to ₱1.27 million without her consent.
But the Makati prosecutor’s office said there is not enough evidence to back up Aquino’s claims.
“No evidence was presented with regard to any agreement between Aquino and Falcis as regards the use of the subject credit card,” it said in a February 10 resolution signed by Assistant City Prosecutor Paolo Barcelona.
It added that since Falcis is named as the cardholder of the company credit card, he could use it subject to the terms and conditions imposed by the issuing bank.
“Falcis’ use of the KCAP (Kristina C. Aquino Productions) card for his personal expenditures would not make him liable for theft. He is only liable to BDO for the card transactions that he made using the card,” the Makati prosecutor’s office said.
It also junked the charge for Falcis’ alleged violation of the Access Devices Regulation Act, saying that there is no evidence which shows that he used the card with an intent to gain or defraud.
Aquino’s lawyer Sigfrid Fortun said they would appeal the Makati prosecutor’s resolution.
“The card in question was clearly owned by KCA Productions as it was embossed on the card. Falcis name was simply put there to show he was authorised to use it for KCA, not for his personal transactions,” Fortun said in a statement.
He also claimed that Falcis admitted that he was wrong in making the alleged purchases and even paid part of it by issuing a check to Aquino.
“His admissions to wrongdoing were all submitted in evidence to the prosecutor who may have glossed over those,” Fortun said.
Aquino’s camp, in a separate statement, said they found the resolution “irregular” and “legally flawed.”
“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 statement read.
Aquino’s camp said the Makati prosecutor’s resolution is not final, and maintained that they will “ensure that justice is served for Ms. Aquino.”
Falcis has long denied Aquino’s allegations, saying that he only paid around ₱400,000 “to appease [Aquino] and stop her endless tirades.”
In a statement, Falcis’ brother, Atty. Jesus Falcis, welcomed the decision of the Makati prosecutor’s office, adding that Aquino’s camp could freely file a motion for reconsideration.
“We are delighted to hear the good news and we trust that the rest of the cases will be dismissed as other prosecutors will see that the cases rest on legal theory gone all bonkers!” Jesus said.
Jesus said his brother’s whereabouts still could not be disclosed as he is still receiving grave threats. Nicanor previously claimed that Aquino, sister of former President Benigno Aquino III, threatened to have him killed in a phone call.
Following his statement, Aquino posted on Instagram asking why a complaint for grave threat has yet to be filed against her. She has since deleted the post.