Photograph from @nix722 on Instagram and @krisaquino on Facebook
Culture Spotlight

“Dead men tell no tales”–Falcis claims more serious instances of intimidation

Kris Aquino and Nicko Falcis reveal developments in their ongoing legal battle in successive social media posts. The former says she and her team have respected due and legal process while the latter shares a recent experience of serious intimidation.
ANCX Staff | Mar 21 2019

New details came to light in a couple of social media posts by Kris Aquino and her former business colleague Nicko Falcis, who are locked in an ongoing legal battle.

Yesterday, Aquino posted a video of Atty. Enrique Dela Cruz, a senior partner at Divina Law Firm, which represents the actress. Up until this point, she herself has been commenting on her social media about the case. In this recent post, Atty. Dela Cruz spoke on her behalf, and she promises that she won’t be posting “everything.”

“Wisdom is knowing that my emotions affect my judgment. It has also taught me that when being provoked, my enemies cause harm and malign people they know matter to me. After this posting everything about my ongoing legal battles won’t appear on my feed,” she shares. “As I said, hindi ito trial by publicity, social media, or followers. This is respect for the Philippine judicial system and respect for the honorable men & women of the DOJ, the RTCs, Courts of Appeal, all the way to the Supreme Court.”

The two have been slinging allegations at each other for months, beginning with a Qualified Theft charged filed by Aquino against Falcis, who managed her endorsement deals under production company Kristina Cojuangco Aquino Productions (KCAP). In turn, Falcis filed a Grave Threats case against the actress exemplified by a viral recording of Aquino saying her family will have him killed if he steps foot in the country.

Aquino filed cases against Falcis in the five cities where a credit card assigned to him for KCAP-related expenses was used. So far, Makati, Pasig, and Taguig have dismissed the case. However, The Office of the City Prosecutor in Taguig recommended that he be charged for estafa.

Aquino says that she has been quiet about the results in Makati and Pasig, and that she didn’t become personal, and that she respected and followed the right process. “I shall end there because alam kong matalino kayo. Lahat ng binato sa kin na ‘power tripping,’ my actions and the steps taken by my legal teams have proven all allegations wrong. No need to ask questions that have very obvious answers,” she says.

 
 
 
 
 
 
 
 
 
 
 
 
 

Wisdom is knowing that my emotions affect my judgment... it has also taught me that when being provoked, my enemies cause harm and malign people they know matter to me... after this posting everything about my ongoing legal battles won’t appear on my feed. @atty_buko, Atty Enrique dela Cruz, senior partner DIVINA LAW (on FB he is Buko dela Cruz) will speak on my behalf to update all of you about what’s happening. As i said, hindi ito trial by publicity, social media, or followers. This is respect for the Philippine judicial system & respect for the honorable men & women of the DOJ, the RTCs, Courts of Appeal, all the way to the Supreme Court. Nanahimik po ako sa nangyari sa Makati at Pasig, hindi namersonal, ginalang ang desisyon at sinunod ang tamang proseso. I shall end there because alam kong matalino kayo. Lahat ng binato sa ‘kin na “power tripping” my actions & the steps taken by my legal teams have proven all allegations WRONG. No need to ask questions that have very obvious answers. P.S. thank you Atty Ricky. By accepting this you are opening yourself up to trolls & bashers yet readily nag YES ka sa kin. Kaya po ganun na lang ang paghanga ko sa DIVINA LAW, they give 100% for the protection & welfare of their clients. Dean Nilo, you have an exemplary law firm and i am blessed to be under your wing. #gratitude

A post shared by Kris Aquino (@krisaquino) on

In the quick video, Dela Cruz, explains that there are two criminal cases filed against Falcis and corresponding standing warrants of arrest: one for credit card fraud filed at the Taguig Regional Trial Court, and the second for estafa, filed at the Metropolitan Trial Court in the same city. The Falcis camp filed for re-investigation, according to Dela Cruz, but he didn’t show up for court at the hearing yesterday.

 

More on the Kris-Nicko legal battle:

 

“That’s why the MTC court says that his request for re-investigation was denied,” Dela Cruz says in Filipino. “He needs to surrender first and make bail. It’s easy to make bail. Both offenses are bailable.” Aquino thanked Dela Cruz in her post for readily accepting her request to speak for her despite, she says, the threat of being attacked by trolls and bashers.

In defense of his client, Atty. Regi Ponferrada, Falcis’s counsel, says “I think the spokesman of Kris was confused. The hearing yesterday was in connection with our Omnibus Motion for the quashal of the arrest warrant, among others, before Branch 70 of the RTC of Taguig. Nicko’s presence was not required in the said hearing. The trial court gave us five days to file our Reply to their Comment. The Omnibus Motion has yet to be resolved.”

 

In the dead of night

Today on his personal Instagram account, Falcis posted a photo of a reply from his legal team at Ponferrada and Ty Law Offices along with a lengthy caption.

Photograph from @nix722 on Instagram

“Dead men tell no tales, especially ones against people in power,” he begins ominously, before explaining his side of the situation. First of, he reiterates that the expenses on the card were for official business. “She complains of coffee shop and restaurant bills totaling Php 62K incurred for meetings with her advertising sponsors and KCAP employees, which included her nephew Jiggy Aquino-Cruz,” he says.

He also shares that no complaint was filed against him for estafa, which he describes as “miraculously out of nowhere.” Because of this, he says he had no opportunity to respond. “The charge deprived me of due process, which is evidently and clearly unfair. We filed all necessary motions to ensure that fairness in the justice system is upheld,” he says.

Falcis is nevertheless securing arrangements to ensure that he can post bail alive, given that, he says, the cases against him are weak. “I, more than anyone else, wants the trial to proceed,” he emphasizes.

But he reveals that there are recent and serious reports in the media as well as given to them directly about renewed plans to have him killed—especially at night in prison—as well as a recent close brush with the said threats.

“Last week, March 13, two unsavory and unsettling looking men in plainclothes pretended to be government officials from the City Hall of Quezon City and made a display of loitering in front of our home and were caught lying about it,” he says. “Our lawyers advised us that if those men wanted to serve an arrest warrant that was just baked fresh out of the oven that the attempt deliberately violated a long standing rule against serving warrants at night.” Falcis also says that the men were not wearing police uniforms and conducted themselves in a manner so as to intimidate.

Photograph from @nix722 on Instagram

The same details are in the statement by Ponferrada and Ty, where they emphatically that their client was wrongly charged by the Taguig court. They claim that they were ready to post bail on March 12, but the threats to their client’s life have prevented them from doing so.

“The excessive display of power and connections on a complaint for Php62K is frightening. Unfortunately, it is normal regular behavior for those types of people with power, resources, and connections,” Falcis ends. “Rest assured, I will definitely follow the rule of law and post bail as soon as we can secure arrangements to ensure my safety.”