On January 22, for the fourth time in a row, Kris Aquino failed to appear before the Metropolitan Trial Court, Branch 117 in Taguig, to settle the estafa case she filed against her former managing director Nicardo “Nicko” Falcis.
Aquino and Falcis have already reached a compromise agreement last October. However, presiding judge Ma. Victoria Q. Padilla-Awid had required the presence of both parties before she could act on the motion to dismiss the case. In the last three hearings, Aquino failed to show up, claiming to be sick.
More on the Kris-Nicko legal battle:
- The brothers who battled Kris Aquino
- Falcis 3, Aquino 1: Taguig dismisses qualified theft charge, recommends Estafa
- “You started with lies, we will end with truths”—Falcis mom to Kris Aquino
- Following ‘expected’ arrest at NAIA, Kris Aquino’s ex biz manager released after posting bail
Today, Falcis was present at the courtroom, and was accompanied by his brother Jesus Falcis, and his lawyer, Atty. Regidor Ponferrada. Aquino was represented by Atty. Mikko Axalan of DivinaLaw.
Upon hearing about Aquino’s nonappearance from Atty. Axalan, Judge Padilla-Awid said that “after being given several opportunities by this court to confirm and validate her [Aquino’s] complaint,” she has decided to dismiss the case, “since there is a joint motion to dismiss.” She added, “She cannot control the schedule of this court.
The court order, presented to the parties involved, further states, “As prayed for by defense counsel, let the cash bond posted by accused Nicardo Falcis II y Madarang for his provisional liberty… dated 12 December 2019 in the amount of Six Thousand Pesos (PHP 6,000) be ordered CANCELLED… Moreover, let the warrant of arrest and alias warrant of arrest previously issued against the accused be ordered QUASHED.”
“We just want this over and done with”
Atty. Axalan talked to ANCX following the dismissal of the case. The lawyer revealed that her client was unable to join the session because “she has been suffering from very bad cough for three weeks already” and has to undergo several tests. Aquino had just arrived from the United States. According to Atty. Axalan, Aquino’s arrival back to the Philippines had also been delayed because the online personality’s trusted employee, Bincai Luntayao, also got sick.
“She was planning to appear before the office of the prosecutor of Taguig tomorrow to subscribe to her affidavit of desistance,” Atty. Axalan says. “However, the judge said there’s no need for that because the accused is already here, so she dismissed the case.”
There is only more case left before the Aquino-Falcis squabble is finally and completely put to an end. The Regional Trial Court Branch 70 of Taguig has yet to act on the motion to dismiss Aquino’s credit card fraud case against Falcis.
“The previous judge was replaced kasi,” says Atty. Axalan of the pending case. “There’s a new judge, and he said that he still has to go through all the records.” DivinaLaw has already filed two motions for the urgent resolution of the case. They’re hoping to get everything done by February. Aquino and Falcis have not been required by the judge to attend the hearing for the credit card fraud case.
Nicko, who shed happy tears while the judge was announcing her verdict, told us, “I’m just happy. We just want this over and done with.”
His family members, he says, are going to have a simple thanksgiving dinner tonight to celebrate the good news.