(L-R) Photograph from @krisaquino on Facebook and @jesusfalcis on Instagram.
Culture Spotlight

Falcis 3, Aquino 1: Taguig dismisses qualified theft charge, recommends Estafa

While the Office of the City Prosecutor in Taguig dismissed Kris Aquino’s Qualified Theft charge against former business partner Nicko Falcis, it recommends that the latter be charged with Estafa. The Falcis camp cries bias, and says the celebrity apparently intends to hire goons to go after their family.
ANCX Staff | Mar 13 2019

In an Instagram post Tuesday night (March 12), Kris Aquino revealed that the Taguig City Fiscal is “charging” Nicko Falcis in court with Estafa and Credit Card Fraud. In her post, a video dramatically scored with Erik Santos’s “This is the Moment,” the media personality pointed out her camp received a registered mail containing the resolution.

 
 
 
 
 
 
 
 
 
 
 
 
 

The Taguig City Fiscal is charging Nicko Falcis in court with Estafa and Credit Card Fraud. i need to point out, sa tamang paraan ang pag post nito- as you can see in my video, we received REGISTERED MAIL here at home today. Hindi po isang entertainment portal ang unang naglabas ng balita. i only personally met Dean Nilo Divina October 17, 2018. In 5 months he has become my rock of strength, an infinite source of reassurance, and most of all, he has treated me with so much compassion. Naramdaman ko, para sa kanya, at sa legal team he formed for me, hindi ako kliyente lang, pinahalagahan nila ang puso ko- they have treated me as a REAL person not just someone who is a client. Thank you, Dean because you told me to not let the setbacks derail me because we have the #TRUTH on our side. #divinejustice

A post shared by Kris Aquino (@krisaquino) on

“I only personally met Dean Nilo Divina October 17, 2018,” she wrote as caption, referring to the man behind her legal team. “In five months he has become my rock of strength, an infinite source of reassurance, and most of all, he has treated me with so much compassion.” The actress said she felt that the law office didn’t treat her only as a client but as a real person.

“Thank you, Dean because you told me not to let the setbacks derail me because the #TRUTH on our side,” she declared, finishing off with another hashtag, #divinejustice.

This is the latest in the ongoing legal drama between the Aquino and Falcis camps. It first caught public attention late last year. Aquino filed a seven qualified theft complaints against Nicko Falcis, the former managing director of her production company. In turn, the Falcises filed a grave threats complaint against the former actress. To date, the qualified theft charge has been dismissed in three of the seven cities that Aquino has filed in.

A closer look at the 10-page resolution dated February 11, 2019 shows that the Qualified Theft charge that Aquino filed against Nicko Falcis amounting to P62,784.32 made at several Taguig establishments was dismissed. These charges were made through a BDO Visa card that was issued to Falcis to settle payments and expenses for Aquino’s production company, of which he was in charge of. However, at the end of the resolution, the Prosecutor’s office found substantial evidence to charge the latter with Estafa through Misappropriation and Conversion.

The Falcis camp filed an Omnibus Motion to dismiss the case outright, citing the Office of the Prosecutor in Taguig is biased for the actress. They point to the fact that one of the prosecutors was an appointee of the celebrity’s brother and former President Noynoy Aquino. The Falcises also say that Aquino has repeatedly said that she is “malakas in Taguig” because of her close friendship with the city mayor, Lani Cayetano.

However, the Office dismissed this, saying that it found “the allegations of Falcis against this Office and the investigating prosecutor to be baseless, unfounded, and unmeritorious.”

 

Dismissal and recommendation

At the latter part of the resolution signed by Assistant State Prosecutor Claire Eufracia Pagayanan, the Taguig fiscal qualifies their recommendation for the Estafa charges. “A careful scrutiny of the allegation would show that there is enough evidence to engender a well-founded belief that Falcis converted the corporate credit card extended to him much to the damage of prejudice of Aquino and KCAP. And, the evidence adduced by Aquino sufficiently established the existence of the foregoing elements.”

 
 
 
 
 
 
 
 
 
 
 
 
 

We emphasize that the charge alleged unauthorized use of a measly P62,784.32 amount and does not even detail what the charges are for, why these are unauthorized, and does not explain why no demand was made for an explanation prior to filing. Sadly, Taguig OCP is inherently biased and our motions were ignored, where is the fair justice there? Taguig Investigating Prosecutor Claire Eufracian Pagayanan was appointed by PNoy in 2016 as Prosecutor II. There is NO Qualified Theft and we will continue to fight for our rights and reveal how evil and manipulative she is, on and off cam, online and offline, a true power tripper who believes everything can be bought. No amount of divinity can protect you from your vile and putrid nature. Let’s end this #Krisis

A post shared by Nicko F (@nix722) on

The Taguig prosecutors say that Falcis’ actions clearly show that he knew he did not “possess an unbridled discretion in the use of the said credit card, wherein he could utilize it for his personal benefit.” When Falcis used the card in Chino Taguig, La Mere Poulard Taguig, Grand Hyatt Taguig, Luna Breakfast and Coffee Taguig, the prosecutors say, it was “clearly in contravention to what was agreed upon when the credit card was first issued.”

The resolution also says that Falcis’ inability to disclose to Aquino these “personal transactions” sufficiently establishes that he had an intent to gain and that these were for his own benefit.

Notably, the resolution continues, Falcis admitted that he flew to Bangkok after the incident. Falcis claimed to do so under the instruction of Aquino, and that he stayed there because feared for his safety. But he failed to show evidence for either two allegations, the prosecutors say.

 

Wrongly charged

A statement from the Ponferrada and Ty Law Offices, who represents Falcis, shows a strong rebuke against the Taguig recommendation for Estafa charges, which they call unjust.

“In fact, Estafa was not even charged against our client in the preliminary investigation proceedings,” the statement says. At any event, Ponferrada and Ty emphasizes that their client did not commit Estafa as he issued a personal check amounting to P437,595.67 to resolve any alleged issue, “even though the alleged issues were clearly without basis.” (The Taguig resolution, on the other hand, says that issuing the said check is an admission against Falcis’ case.)

The Falcis legal team once again brings up their allegations against the prosecutors, saying the circumstances have led them to lose faith and confidence on the impartiality in the Taguig office. They decry that their motion with regards to these circumstances were not acted upon, and was even incorporated in the resolution.

“To protect the rights of our client, we will file a motion for reconsideration and, if necessary, we will also file a petition for review before the Department of Justice,” the statement says. “To reiterate, our client is innocent of the charges against him and we hope that the prosecution against him will stop sooner than later.”

Photograph from @jesusfalcis on Instagram

Meanwhile, in their Reply-Affidavit against Aquino, the Falcis camp answered the celebrity’s Counter Affidavit, which she filed on February 22 at the Office of the City Prosecutor in Quezon City. The CA was in response to the Grave Threats charge that the Falcises filed against Aquino. The 13-page RA signed by Atty. Jesus Falcis, Nicko’s younger brother, was received on March 8, 2019 by Assistant City Prosecutor Leoveminda Ambojia-Villanueva.

In the RA, Atty. Falcis argues that Aquino’s CA is replete with blatant lies, and statements that is inconsistent with each other, or with her posts on social media.

He first cited Aquino’s claim on page 6 of her Counter-Affidavit that she did not threaten Nicko or Atty. Falcis. “This is inconsistent with her statements on social media on January 15, 2019 wherein [Aquino] brazenly admits making Grave Threats against [Nicko],” the attorney says. “She also admitted that she indeed threatened [Nicko] in a YouTube video.”

The younger Falcis also pointed out that in one of Aquino’s post on Instagram, she claimed that “binubuwisit ang life niya that sept. 27.” In that same post, Aquino accused Nicko of acting the last time they met, urging him “YOU ARE SO ANNOYING, PLEASE ENROLL IN A WORKSHOP?”

 
 
 
 
 
 
 
 
 
 
 
 
 

#dontbeasawsawero #dontmakesawsaw Kalurx kasi yung in much need of a workshop because yung voice acting kulang (at least ako drama queen ang pintas ng trolls and may guessing game na kung kailan papatak ang tears on TV) sorry ha, but last time i saw him face to face when i asked for his resignation which he willingly signed, together with a quit claim & NDA, gusto akong kurutin ni R.A. because i was maldita and said- YOU ARE SO ANNOYING, PLEASE ENROLL IN A WORKSHOP? 2 hours kang trying to cry, until now walang tears! sabay irap & walk out... alam naman nya binubwisit ko lang ang life nya that Sept 27... Diba nga magmula nung Sunday night in April, di na kami nagusap ni brother, sa irita nya with me? Honest ako, i’ve seen Noy once in 9 months- in kuya josh’s hospital room- they were all so worried parating sya & i was still in St Luke’s & the guy who was responsible for the recording knew that. #awkward My 3 meek & mild, simple, super prayerful sisters will do harm? Wag naman bilugin ang utak ng tao. You & i know that was a bluff provoked by anger & fear because of my awful health diagnosis. Hindi naman ako nahihiya umamin, again R.A. and A.G. na present in the Sept 18 confrontation didn’t know where to look because ayaw nilang matawa, kasi nasabi ko: i’m not my brother, i’m not my sisters, because we all know- i’m not mabait... R.A. took meticulous notes from the face to face mtg. A.G. said: Madam, stating the obvious ka naman dun sa: i’m not mabait. R said: Alam mo, inulit mo yung “that bar” with matching hampas ng credit card bill and yung “Coke souvenirs from Atlanta” 8 times nakakaloka ka! i know i should be repentant pero ang hirap talaga kasi nga magna cum laude sya na inside out ng life ko alam. So i know he knew his level of guilt & my inability to make good on my “threat”... Sadly, this has been 1 badly orchestrated demolition job being funded by personalities out for political revenge... i’ll own na kasalanan ko ‘to. Diba kung ang tabihan mo may kuto, sure nang mahahawaan ka? Unforgivable for me? their timing- now that i am so physically weak. oh well, bilog ang mundo.

A post shared by Kris Aquino (@krisaquino) on

 

Goons for hire

Aquino also admitted to the two counts of grave threats in a private message she sent to Jesus and Nicko’s sister Therese. Falcis also balked at Aquino’s claim that the statements she made were not threatening. “That is a blatant lie!” Atty. Falcis writes, pointing to her Instagram post with the quote “do not draw your sword to kill a fly.” He also pointed to mainstream media news quoting Aquino as saying, “the Falcis family don’t realize they are just pawns… they are expendable.”

 
 
 
 
 
 
 
 
 
 
 
 
 

Sorry po, realized this is far more appropriate... ⚔️

A post shared by Kris Aquino (@krisaquino) on

Atty. Falcis also claims that Aquino has been on the lookout for hired goons, citing a blind item program hosted by Arnold Clavio, which he says clearly referred to the actress. “It bears emphasis to state that it was also through the same radio blind item program, where the false information was initially released to the effect that [Nicko] stole millions of pesos from [Aquino] sometime in 2018,” he says, claiming that Lolit Solis, a recurring guest on the show, launched a smear campaign.

Aside from this, Atty. Falcis says that there are reports leaked to the effect that Aquino asked her cousin Rina Teopaco if she knew hired killers in Tarlac.  “Similarly, in January 2019, reports were leaked that [Aquino] asked Caloocan City Representative Edgar R. Erice if he knows any goons she can use,” he says. 

The attorney also says that Aquino’s Counter-Affidavit is replete with allegations that are totally irrelevant and are merely raised to muddle the issues of the instant case. For example, the Aquino camp took exception to the fact that the case was filed four months from the September 27 conversation.

Atty. Falcis says that this is immaterial so long as the same was filed within the prescriptive period in connection with the offense charged. “Moreover, to recall, [Nicko] was really afraid for his life. He was paralyzed by fear for several weeks. More importantly, he had to make arrangements to secure his safety before he was able to act to protect his rights.

 

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