Junks qualified theft raps vs Nicko Falcis
(Eagle News)—The Taguig Prosecutors Office has junked the qualified theft charges filed by actress Kris Aquino against her former business partner, but found probable cause for the charges of estafa against him.
In recommending the filing of a complaint for estafa through misappropriation and conversion against Nicko Falcis, Claire Eufracia Pagayanan, assistant state prosecutor, said there was “enough evidence to engender a well-founded belief” that he “converted” the corporate credit card “extended to him much to the damage and prejudice” of Aquino and her company, Kris C. Aquino Productions.
According to Pagayanan, although the credit card was issued under Falcis’ name, “it cannot be denied that the corporate credit card was issued through KCAP and upon the authorization of Aquino herself.”
She noted for this Falcis’ admission he received the card with a credit line of P2 million from Aquino through another person, and the statements of account sent by Banco De Oro that also reflected the office address of KCAP.
“And the same (card) was entrusted to him to be utilized solely for the purpose of payment of KCAP-related expenses,” Pagayanan said.
Pagayanan said the fact that Aquino berated and confronted him over his transactions belies his claim the transactions he paid with the card were of “official” nature and in the interest of Aquino and KCAP.
Pagayanan also noted Falcis’ issuance of a check in the amount of P437595.67 to Aquino reportedly as a token of peace.
“If he believes he used the credit card for official transactions, why did he issue his personal check as payment to Aquino?” Pagayanan asked, noting such an amount was not that “meager” to be considered a token of peace.
She also noted Falcis’ leaving for Thailand amid the brouhaha, which meant he intended to “abscond from his liability arising from his personal use of said corporate credit card.”
“His counter-allegations especially delve on evidentiary matters which should be threshed out in a full-blown trial,” Pagayanan said.
In dismissing the charges of qualified theft against Falcis on the other hand, Pagayanan said Aquino failed to establish the existence of all the elements of qualified theft in the present case.
The 10-page resolution was reviewed by Senior Assistant State Prosecutor Cesar Dela Cruz, and concurred in by Senior Assistant Prosecutor Laarni Fabella.
City Prosecutor Vincent Villena approved the resolution.
Earlier, the Pasig Prosecutors Office junked the qualified theft charges filed by Aquino against Falcis.
