Kris Aquino lawyers say dismissal of theft case vs Nicko Falcis "irregular and legally flawed"

Composite photo from Nicko Falcis' Facebook and Kris Aquino's Instagram

Nagulat at nadismaya ang kampo ng Queen of all Media na si Kris Aquino sa naging resolusyon ng Makati Prosecutor’s Office na ibasura ang reklamong qualified theft na inihain niya laban sa dating business manager nitong si Nicko Falcis.

Ayon sa ulat ng PEP, naglabas ng official statement ang law firm na humahawak sa reklamo ni Kris, kung saan nakasaan na magsusumite sila ng motion for reconsideration.

Ayon sa Fortun-Narvasa Law Office,  wala pa raw silang kopya ng resolusyon na lumabas noong February 18, 2019 na pirmado ng mga prosecutor na humahawak sa kaso, kaya ikinagulat ng kanilang kampo na mas nauna pang maka kuha ang kopya ang ilang mga news sites.

Nanindigan din ang abogado ni aktres na "irregular and legally flawed"  ang inilabas na resolusyon para sa kaso.

Dagdag ng kampo ni Kris, sisiguraduhin nilang makukuha ng kanilang kliyente ang hustisya.

Narito ang kopya ng mismong statement na inilibas ng Fortun-Narvasa Law Office kahapon, February 22:

“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 yet to determine the basis for this information and how news sites, especially we’re 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 our copy.

“However, we find this resolution irregular and legally flawed on the following grounds:

1. The credit card in question was clearly owned by KCA 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 Ms. 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 to the prosecutor who may have glossed over those.

3. Mr. Falcis did not even appear and did not file 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 whether or not there is probable cause to charge him of these offenses.

“The 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 for Ms. Aquino.”

Source: PEP Philippines

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