Taguig fiscal OKs estafa charge vs Nicko Falcis

MANILA, Philippines — A Taguig City prosecutor has found probable cause to charge Nicko Falcis, former business partner of actress Kris Aquino, of estafa.

Assistant State Prosecutor Claire Eufracia Pagayanan junked Aquino’s qualified theft complaint against Falcis and instead recommended the filing of Estafa through Misappropriation and Conversion charge against the actress’ former business partner.

The fiscal also recommended charging Falcis for violation of Republic Act 8484, or obtaining money through the use of an access device with intent to defraud or with intent to gain.

The actress has accused her former business partner of allegedly making P1.27 million worth of personal purchases on a credit card she entrusted to him exclusively for transactions involving Kris C. Aquino Productions (KCAP).

The prosecutor said that Aquino’s camp failed to establish the existence of elements for charging qualified theft as “there was no personal property which was taken either from Aquino or KCAP.”

However, Pagayanan said that the evidence would show that there exists probable cause to indict Falcis with Estafa.

“A careful scrutiny of the allegations 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 and prejudice of Aquino and KCAP,” the resolution read.

Last month, Makati City Senior Deputy City Prosecutor Emmanual Medina dismissed Aquino’s qualified theft complaint over the same issue against the Falcis.

Falcis’ camp: Unjust decision

Lawyer Regi Ponferrada, counsel of Falcis, decried the resolution as “unjust.”

The lawyer said that they already filed a Motion for Inhibition and to Refer the Case to the Department of Justice last November, but it was not acted upon by the city prosecutor.

They said that “because of certain circumstances” they lost “faith and confidence in the impartiality of the Office of the City Prosecutor of Taguig City.”

They said that they are looking into filing a motion for reconsideration or elevating it to the Justice department for a Petition for Review.

Grave threat complaint

Falcis and his brother, Jesus, meanwhile filed a grave threat rap against Aquino before the Quezon City prosecutor’s office.

Aquino filed her counter-affidavit on February 22.

She was quoted in a The STAR report as saying that the basis of the complaint is an “illegally recorded conversation” during the height of her fight with her former business partner.