Makati prosecutor junks Kris Aquino’s complaint vs. Nicko Falcis

The Makati Prosecutor's Office has dismissed the complaints for qualified theft showbiz personality Kris Aquino filed against her former business associate Nicko Falcis.

In a recent resolution, Assistant City Prosecutor Paolo Barcelona said there was no sufficient evidence to believe that Falcis committed the crime.

"At the onset, it is important to note that no evidence was presented with regard to any agreement between Aquino and Falcis as regards the use of the subject credit card," the resolution read.

"Accordingly, the basis rule is that mere allegation is not evidence and is not equivalent to proof," it added.

Aquino had accused Falcis of making unauthorized personal transactions amounting to P1.27 million using a corporate credit card meant for expenses related to Kristina C. Aquino Productions, where Falcis was managing director.

She also said that Falcis delivered to her a Metrobank check in the amount of P437,597.67 in September 2018 in partial reparation for the supposed unauthorized purchases.

However, the prosecutor found that Falcis, in whose name the card was issued, may use the card subject to terms and conditions imposed by the issuing bank Banco de Oro.

"Given the foregoing, 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 had made using the card," the resolution read.

The prosecutor found that Aquino's payment of Falcis' credit card bill only made him civilly liable to the television personality, who is entitled to reimbursement.

"[N]o proof was presented that he used the card with intent to gain or intent to defraud. Accordingly, he is, at most, only liable to pay his credit card bill that has become due," the resolution said.

The prosecutor's findings were approved by Senior Deputy City Prosecutor Emmanuel Medina, signing for the city prosecutor.

In a brief statement, Aquino's lawyer, Sigfrid Fortun, said Aquino would file a motion for reconsideration.

He said the prosecutor may have "glossed over" Falcis' "admissions to wrongdoing" that were supposedly submitted as evidence. —NB, GMA News