The Taguig City Prosecutor’s Office has approved the filing of an estafa case against Nicanor Falcis II, the former business partner of celebrity Kris Aquino.
“In view of the foregoing, the evidence propounded by Aquino sufficiently showed that that probable cause exists which warrants the indictment of Falcis for the crime of Estafa through Misappropriation or Conversion, as defined and penalized under Paragraph 1(b) of Article 315 of the Revised Penal Code,” read the office’s resolution, a copy of which reached the Department of Justice (DOJ).
The resolution was signed by Assistant State Prosecutor Claire Eufracia Pagayanan and Senior Assistant City Prosecutor Cesar Dela Cruz and Laarni Fabella with the approval of City Prosecutor Vincent Villena.
The case stemmed from the alleged misuse of the credit card issued by Aquino’s firm, Kristina C. Aquino Productions (KCAP).
In her complaint, Aquino said she allegedly discovered from the bank statements that Falcis made unauthorized use of the credit card for his personal transactions in Taguig City from June to August in 2018 amounting to a total of P62,784.32.
Aquino pointed out that she entrusted him with the credit card with an understanding that he shall utilize it solely for the payment of KCAP-related expenses.
Also, the complainant said Falcis neither informed her about the transactions nor made arrangements to settle them.
“A careful scrutiny of the allegations would show that there is enough evidence to engender a well-founded belief that Falcis converted the corporate credit card extended to him much to the damage and prejudice of Aquino and KCAP,” read the resolution.
“When Falcis used the corporate credit card issued to him in Chino Taguig, La Mere Poulard Taguig, Grand Hyatt Taguig, Luna Breakfast and Coffee Taguig Ph for the aggregate amount of Php 62,784.32 for his personal benefit, such use was clearly in contravention to what was agreed upon when the credit card was first issued,” it explained.
On the other hand, the prosecutor’s office dismissed the qualified theft complaint of Aquino against Falcis.
“In the instant complaint, the evidence propounded by Aquino failed to establish the existence of all of the foregoing elements of the crime of qualified theft. 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 juridical possession over the same,” it ruled.
