Falcis camp denies ‘delaying tactics’ in Kris Aquino case

The brother of Kris Aquino’s former accountant and business partner Nicardo "Nicko" Falcis II came to the defense of his family on Wednesday, denying fresh accusations made by the actress-host in a Facebook live video over the weekend.

Lawyer Jesus "Jess" Falcis categorically denied the Aquino and her lawyers' claim that their camp employed “delaying tactics” and that they “maliciously timed” the filing of Nicko's counter-affidavit.

In a press conference, Jess Falcis questioned issues raised by members of Aquino's powerhouse legal team sitting alongside her in the video, including celebrity advocate Siegfried Fortun and Nilo Divina, dean of the University of Santo Tomas law school.

According to Jess Falcis, Nicko had been overseas until recently and was earlier overcome with fear over Aquino's alleged grave threats.

"[Lawyers asked], 'Why is he saying those things only now?', 'Why hasn't he filed a case?' Anong mga sagot doon? Una, sa mga magagaling na abogado ni Kris Aquino: Si Kuya, nasa Thailand noong tumawag si Kris Aquino sa kanya. So saan siya magfa-file ng complaint sa barangay?" he said.

"Eh Kris Aquino nga ang kalaban ng kuya ko so siyempre, noong una, takot siya, di ba?" he added. "'Yan ang sagot sa tanong niyo [na] 'Why is he saying those things only now?' Siyempre noong nagkaroon ng threat, 'yun 'yung punto ng para talagang, 'Totoo ba ito?' Hindi makapaniwala ang kuya ko."

The lawyer also addressed Aquino's question as to why Nicko has not yet filed a charge of grave threat charge against her.

"He hasn't filed a case…yet," Jess Falcis said.

Aquino filed charges against Nicko Falcis last November, accusing him of committing unauthorized credit transactions amounting to amounting to P1,270,980.31 for his personal use.

Counter-affidavit

It was reported by Pep.ph earlier this month that Nicko, accompanied by lawyer Regidor Ponferrada, appeared before the Office of the City Prosecutor of Manila to file his counter-affidavit on January 3.

This was months after Aquino's lawyers affirmed in November that Aquino had filed a complaint for 44 counts of qualified theft against Nicko before city prosecutors in Mandaluyong, San Juan, Taguig, Pasig, Makati, Manila and Quezon City.

To "protect the rights" of their client, Nicko's lawyers at Ponferrada-Ty Law Offices said they filed an Omnibous Motion to dismiss the charges on the bases of “forum shopping”; “consolidation of the cases before the Department of Justice”; or “for suspension of the criminal cases in light of an existing prejudicial question in the related civil case before the Regional Trial Court of Quezon City.”

"Thus, we did not immediately file Nicardo Falcis II’s counter affidavit, as the same might render our omnibus motion moot," they added.

'The real issue'

Sought for comment on the claims made by Jess Falcis during the press conference, the Aquino camp criticized the lawyer for "deafening silence" on what they said is the "real issue."

"The real issue is the misappropriation of funds. First the unauthorized credit card charges. The second is on the P40M investments of Kris which Nicko could not account and refuses to account," lawyer Ricky Dela Cruz of Divina Law said.

"That is part of the trust fund, which Ms. Aquino worked hard for to ensure the future and financial security of her two sons. Ms. Kris Aquino entrusted that investment in good faith with Nicko Falcis," Dela Cruz added. — BM, GMA News