THE Makati Prosecutor’s Office junked for lack of probable cause the qualified theft charges lodged by actress Kris Aquino against her business partner Nicko Falcis.
“After careful examination of the records of the case, this Office is inclined to dismiss the complaints as there is no sufficient evidence to engender a well-founded belief that Falcis committed the crimes charged,” the resolution stated.
In her complaint, Aquino said that Falcis charged over P1 million to a BDO corporate credit card under Kris Cojuangco Aquino Productions (KCAP) for personal expenses without her consent.
However, the prosecutors noted that Aquino failed to submit evidence showing that she and Falcis had an agreement on the use of the said credit card.
“With his name on the card, Falcis as the cardholder can use it according to the terms imposed by the card issuer, BDO, and using it for personal expenses does not make him liable for theft,” the resolution said.
“As cardholder, Falcis is personally liable to BDO for any and all amounts charged to the card. It is for this reason that Falcis’ name appears in the credit cards statement of account.
“Thus, should Falcis now pay his credit card bill, BDO can directly initiate legal actions against him to compel him to pay,” the resolution added.