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Nicko Falcis indicted for estafa, fraudulent use of access device

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Mike Navallo, ABS-CBN News

MANILA - The Taguig City Prosecutor’s Office has recommended the filing of estafa and fraudulent use of access device cases against Nicko Falcis, Kris Aquino’s former business partner.In a 10-page resolution dated February 11 that was obtained by ABS-CBN News late Wednesday, Assistant State Prosecutor Claire Eufracia Pagayanan found bases to charge Falcis with estafa through misappropriation and conversion under Art. 315 par. 1(b) of the Revised Penal Code and violation of section 9(j) of Republic Act No. 8484 or the Access Devices Regulation Act of 1998.Art. 315 par. 1(b) penalizes misappropriating or converting money or any other personal property received in trust or administration.The Access Devices Regulation Act meanwhile punishes the fraudulent use of an access device such as a credit card to obtain money or anything of value.Aquino accused Falcis of making unauthorized purchases amounting to around P63,000 in different establishments in Taguig from June to August 2018 using the credit card entrusted to him as managing director of Aquino’s firm, Kristina C. Aquino Productions (KCAP).Falcis claimed Aquino caused the issuance of the credit card for his use at his discretion and without need for Aquino’s approval.He also said the expenses were all KCAP-related and were in connection with meetings with current and future clients.In finding there was basis to indict Falcis for estafa, the Taguig Prosecutor’s Office said that there is enough evidence to believe that Falcis converted the use of the corporate credit card extended to him for his “personal benefit” to the prejudice of Aquino.“Although the credit card was issued under his name, it cannot be denied that the corporate credit card was issued through KCAP and upon the authorization of Aquino herself. And the same was entrusted to him to be utilized solely for the purpose of payment of KCAP-related expenses,” the resolution said. The resolution also took Falcis’ issuance of a check amounting to more than P437,000 to pay for the questioned credit card transactions as proof the transactions were not official.That Aquino berated him also showed she did not approve the transactions, according to the resolution.For the same actions, the Taguig Prosecutor’s Office found reason to charge Falcis with fraudulent use of an access device.It went further to say Falcis’ act of leaving for Bangkok and claiming P9.8 million in unpaid commissions as indications “he intended to abscond from his liability arising from his personal use of said corporate credit card.”Falcis had said he flew to Bangkok upon Aquino’s instructions to attend a short course but did not immediately come back to the country after receiving a threatening phone call from Aquino.Estafa involving an amount between P40,000 and P1.2 million carries with it a penalty of up to 2 years and 4 months imprisonment, while RA 8484 imposes the penalty of 6-10 years imprisonment and a fine of P10,000 or up to twice the value obtained, whichever is greater.<div>QUALIFIED THEFT COMPLAINT DISMISSED</div>In the same resolution, however, the Taguig City Prosecutor’s Office dismissed the qualified theft complaint against Falcis.“Clearly, there was no personal property which was taken either from Aquino or the KCAP. Evidence adduced by both parties disclosed that Aquino voluntarily caused the issuance of the BDO Visa gold corporate card under the name of Falcis and gave said credit card to the latter. Thus, Falcis did not merely acquire physical possession over said credit card, but as well as juridical possession over the same,” it said.<div>FALCIS’ REACTION</div>In a statement, Falcis’ lawyer, Regi Ponferrada called the ruling indicting Falcis “unjust.”“We believe this is an unjust decision. Moreover, last November 2018, we filed a Motion for Inhibition and to Refer the Case to the Department of Justice because of certain circumstances that have led us to lose faith and confidence in the impartiality of the Office of the City Prosecutor of Taguig City. The same was not acted upon and its denial was incorporated in the Resolution of the Office of the City Prosecutor of Taguig City,” he said.“We will file a Motion for Reconsideration and, if necessary, we will also file a Petition for Review before the Department of Justice,” he added.<div>AQUINO’S REACTION</div>On her social media accounts Wednesday night, Aquino posted a statement of her law firm Divina Law.“The truth has finally come out and we are hopeful that all the other cases filed against Nicko Falcis will reach the courts and he will be held accountable for his crimes,” it said in a statement.“Ms. Kris Aquino continues to believe in our judicial system. Truth will always be truth, regardless of lack of understanding, black propaganda, or disbelief. Truth will always prevail,” it added.Aquino filed 7 qualified theft complaints and 1 civil case for damages against Falcis. The qualified theft complaints were filed in Quezon City, Pasig, Makati, Taguig, Mandaluyong, Manila, and San Juan.Both the Pasig and Makati prosecutor’s offices have dismissed the qualified theft complaints against Falcis noting that the credit cards were issued in Falcis’ name. Aquino also filed 1 cyberlibel complaint against Falcis’ brother, Atty. Jesus Falcis.In response, Falcis filed a grave threats complaint against Aquino.Both are pending with the Quezon City Prosecutor’s Office.

The Taguig City Prosecutor’s Office has recommended the filing of estafa and fraudulent use of access device cases against Nicko Falcis, Kris Aquino’s former business partner.

The Taguig City Prosecutor’s Office has recommended the filing of estafa and fraudulent use of access device cases against Nicko Falcis, Kris Aquino’s former business partner.

Nicko Falcis indicted for estafa, fraudulent use of access device

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Nicko Falcis indicted for estafa, fraudulent use of access device

Mike Navallo,

ABS-CBN News

Published Mar 13, 2019 01:30 AM PHT

|

Updated Mar 13, 2019 11:37 AM PHT

Read More:

Kris Aquino

Nicko Falcis

estafa

fraudulent use of access device

qualified theft

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