MANILA (UPDATED) - The Makati Prosecutor's Office has dismissed the qualified theft complaints filed by Kris Aquino against her former business partner Nicko Falcis.

Aquino, a television and social media personality, had accused Falcis of using a credit card she entrusted to him only for transactions involving her company, Kris Cojuangco Aquino Productions (KCAP), for personal purchases.

• ‘We could have fixed this,’ Kris tells ex-business partner accused of theft

The Prosecutor's Office, however, said the credit card was issued in Falcis' name, and so "he can use the card for his purchases" to the terms and conditions set by the issuing bank.

It added, "no proof was presented that he used the card with intent to gain or intent to defraud." At most, Falcis was only liable to pay his bill that has become due, it said.

"We agree with the Resolution of the Office of the City Prosecutor of Makati City and we want to reiterate what we have been saying for the past months, that is, Nicko Falcis is innocent of the charges against him and that he did not steal or commit any crime whatsoever," Falcis' lawyer, Regi Ponferrada, said in a statement.

"We hope that the other prosecutors where the other similar cases are pending will also agree with our position," he said. Qualified theft complaints were filed against Falcis in 7 cities, including Makati.

Aquino had claimed Falcis made unauthorized purchases using the company card and spent about P1.27 million in personal expenses.

The Prosecutor's Office "disagree[d]" with Aquino's assertion "that by using the KCAP card to purchase goods and services for his personal benefit, in violation of the trust that she has given, Falcis committed the crime of qualified theft."

It said that as a cardholder, Falcis is personally liable to BDO, the bank which issued the credit card, for any and all amounts charged to the card. Should he fail to pay the bill, the lender can directly initiate legal actions to compel him to pay.

"Falcis' use of the KCAP card for his personal expenditures would not make him liable for theft. He is only liable to BDO for the card transactions that he had made using the card," it said.

"The fact that Aquino paid Falcis' credit card bill is of no moment. This will only make that latter civilly liable to the former as she is entitled to reimbursement for the amount that she has paid," it added.