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NO show ang magkapatid na Nicko at Atty. Jesus Falcis kanina sa Quezon City Regional Trial Court na nagsumite si Kris Aquino ng kanyang counter-affidavit sa kasong grave threat na isinampa ng dati niyang tauhan sa KCA Productions.
Maagang dumating si Kris kahapon sa sala ni Senior Prosecutor Rolando G. Ramirez na roon siya sumumpang nagsasabi ng totoo sa kanyang counter affidavit.
Ang abogado ng Falcis brothers na si Atty. Rodolfo ‘Pong’ Ponferrada, Jr. ang dumating para kunin ang kopya ng counter affidavit ni Kris.
Narito ang Press statement ng isinumiteng counter affidavit ni Kris para sa grave threat mula sa Divina Law office.
“We filed the Counter-Affidavit of Ms Kris Aquino today to cause the dismissal of the case for grave threats filed against her by the Falcis brothers.
“The charge of Grave Threats against Ms Kris is a mere afterthought – a measly ploy to retaliate and to respond to the criminal cases she earlier filed against the Falcis brothers.
“Ms Kris did not threaten to kill Nicko. The supposed audio recording was not also submitted to the prosecutor. What they submitted is a mere screenshot of an article written about the supposed audio recording. Obviously, this hearsay and inadmissible in any proceeding.
“While Ms Kris truly called Nicko on 27 September 2018 when he was in Bangkok, Ms Kris simply wanted to demand an accounting from Nicko of the P45M investment that she entrusted to him. It came from the trust fund of the children of Ms Kris. That is why she was very angry and frustrated because Nicko refused to account for the money.
“Even if Ms Kris ysed harsh language, it was more of a threat of legal action or imprisonment for Nicko’s illegal acts against her. As shown by the fact that Ms Kris immediately instituted criminal cases for qualified theft against Nicko after 27 September 2018. Surely, there is nothing unlawful with the threat to sue.
“Also, the conversation was only between Ms Kris and Nicko. Atty. Jesus Falcis was not part of the phone conversation. Thus, it is surprising that he is also complainant in this case.
“Ms Kris believes in our legal process. That is why she filed cases the Falcis brothers and that is why she personally went to the prosecutor’s office today to file her Counter-Affidavit to the charges against her. This only shows that she does not believe in violence oy any other unlawful means of exacting justice.
“Ms Kris believes that this case against her will be dismissed because her defense is the TRUTH.”
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Pagbasura ng theft laban kay Nicko, iaapela
Samantala, kasabay nang pagpunta ni Kris sa Quezon City RTC ay lumabas din sa PEP ang balitang dismissed ang 44 counts of qualified theft na isinampa niya laban kay Nicko sa Makati City noong nakaraang taon.
“No sufficient evidence,” ang pahayag ni Assistant City Prosecutor Paolo C. Barcelona na inaprubahan ni Senior Deputy City Prosecutor Emmanuel D. Medina. Bumaba ang desisyon nitong Pebrero 18, 2019.
Hindi raw napatunayan ni Kris na ninakawan siya ni Nicko ng halagang P1.270-M gamit ang credit card na pag-aari ng KCAP.
Matatandaang isinampa ni Kris ang 44 counts of qualified theft laban kay Nicko sa pitong siyudad sa Metro Manila kabilang na ang Makati City.
May anim na siyudad pang natitira, ang San Juan City, Mandaluyong City, Pasig City, Taguig City, Manila City at Quezon City.
Kaagad namang sinagot ng Fortun, Narvasa at Salazar Law Office ngayong hapon, Pebrero 22 ang tungkol sa pagkaka-dismiss ng kasong qualified theft na inihain ni Kris kay Nicko Falcis sa Makati City.
Ang press statement ng abogado ng kilalang Social Media influencer.
“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 to determine the basis for this information and how new sites, especially PEP.ph were 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 out copy. However, we find this resolution irregular and legally flawed on the following grounds.
1. The credit card in question was clearly owned by KCAP 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 Mr. 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 in evidence to the prosecutor who may have glossed over those.
3. Mr. Falcis did not even appear and did not file any 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 wheter or not there is probable cause to charge him of these offenses.
“This 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 to Ms Aquino.”
At para sa mga karagdagang impormasyon o may katanungan ay maaring tumawag sa Fortun, Narvasa & Salazar office sa numerong (02) 8128670.
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