Abogado ni Kris kinuwestiyon ang pagkaka-dismiss ng kaso ni Falcis; aapela sa korte
AGAD na naglabas ng press statement ang Fortun, Narvasa & Salazar Law Office tungkol sa pagkaka-dismiss ng kasong qualified theft na inihain ni Kris Aquino laban sa dati niyang business associate na si Nicko Falcis sa Makati City Prosecutor’s Office.
Nakakuha ng kopya ang BANDERA ng official statement at narito ang nilalaman nito: “Today, we were told that the Makati City Prosecutor’s Office dismissed the complaint of Ms Kris Aquino on qualified theft and violation of Republic Act No. 8484 against Nicko Falcis.
“We have to determine the basis for this information and how new sites, especially PEP.ph were able to get a copy of the resolution ahead of most everyone including Ms Aquino’s lawyers, despite consistent follow up queries with the assigned investigating prosecutor just today.
“We are filing a motion for reconsideration of that resolution as soon as we receive out copy. However, we find this resolution irregular and legally flawed on the following grounds.
1. The credit card in question was clearly owned by KCAP Productions, not respondent Mr. Nicko Falcis as it was plainly embossed on the card. Mr. Falcis’ name was simply put there to show he was authorized to use it for Mr. Aquino, but not for his personal transactions.
2. Mr. Falcis even admitted in his messages to Ms. Aquino that what he did in using the card for personal transactions was wrong. He also tried to pay part of it by using his own check to cover the cost of his personal purchases. His admissions to wrongdoing were all submitted in evidence to the prosecutor who may have glossed over those.
3. Mr. Falcis did not even appear and did not file any counter-affidavit to refute the charges against him. His alleged defenses in his ‘verified omnibus motion’ should not have even been considered by the city prosecutor.
4. His defenses are only his own allegations, the truth of which should be proved during trial. The task of the prosecutor is to determine wheter or not there is probable cause to charge him of these offenses.
“This case is only one of the many cases filed by Ms Aquino against Mr. Falcis, all of which are pending resolution before several jurisdictions. This resolution from the Makati prosecutor is not final and we will ensure that justice is served to Ms Aquino.”
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