Atty. Jesus Falcis has also released a statement on behalf of his brother Nicko Falcis.
Following Kris Aquino’s criminal complaints against Nicardo “Nicko” Falcis II, Kris C. Aquino Productions (KCAP)’s former managing director, the latter’s brother Atty. Jesus Nicardo Falcis III has issued a statement on Thursday, November 15 – the same day of the preliminary investigation.
Allegedly, Nicko used company funds for personal matters without Kris’ consent. With this, Kris filed complaints, having Nicko to face 44 counts of qualified theft and a violation of the Access Devices Regulation Act.
Atty. Falcis, through a press conference, began by stating why his brother will not be able to attend the preliminary investigation that was set on the same day.
“Contrary to the claims of Ms. Aquino and her lawyers, my brother staying abroad is not an indication of guilt. She took away my brother from our family and my brother is forced to stay abroad because of serious threats to his person and safety. I know for a fact, and I heard it personally, Ms. Aquino threatened my brother. She said, ‘You fucking asshole Nicko! ‘Wag kang tatapak dito sa Pilipinas. Dare to step in this country and you will be dead,’” he said in a video published on Pep.ph.
In relation to this, he said that Kris has been monitoring Nicko’s travels.
“What’s worse is, Ms. Aquino has made it known that she possesses a list of Nicko’s flight records, indicating that she can monitor when my brother comes in and out of the Philippines. She brags that she has powerful friends, and I have a screenshot to show this,” he added, saying that these are the reasons why Nicko will not be present at the preliminary investigation.
The lawyer also questioned certain points in the case filed by Kris.
“Ms. Aquino has also defamed my brother’s reputation over the past few months on social media and on mainstream media. She would say tens of millions of pesos were stolen from her. And suddenly, all she ever filed were cases of qualified theft for the total amount of 1.2 million pesos. The charges are baseless and totally ridiculous. The truth will eventually come out. If any of the media will just go to the prosecutor’s and get a copy of her complaint. Then you’ll see these are all ridiculous credit card charges. Qualified theft? For a lawyer like me, you need to physically take. Kailangan pong may physically taking para masabing nakaw. How can you steal a credit card charge and all of the credit card charges po were authorized.”
He then posted a question, “Why would Ms. Aquino be filing these cases if it were not true?” To which he said would be best answered by his brother Nicko when he finally returns to the country.
“But from what I personally know, it stemmed from my brother’s refusal to work for Ms. Aquino full-time; as Nicko has many other commitments that Ms. Aquino was aware of, well-aware of, and have agreed to before. This, my brother did not foresee, that it would be a reason for such a tumultuous falling-out with a former close friend...,” he, however, said.
He also admitted that they have been quietly trying to settle the issue with Kris. "We have been silent for the past few months and have been negotiating with Ms. Aquino in good faith, sincerely for a settlement because she has always reached out personally… It’s not true that my family (has) not been serious or sincere. It was Ms. Aquino who filed the cases while the negotiations were ongoing.”
"To reiterate, my brother, Nicardo M. Falcis II, did not commit 44 counts qualified theft under Article 310 in relation to Articles 308 and 309 of the Revised Penal Code, whether for 1.2 million pesos or any amount.”
"All of the details of these cases will be itemized in our legal answers when we file our counter-affidavit soon enough, which the media can obtain from the prosecutor’s after we file.
In the end, he restated that Nicko is innocent, "My brother is innocent. We may not come from a political family or have powerful friends at our behest, but we have the truth on our side."
On the other hand, Kris appeared at the preliminary investigation at the Mandaluyong Prosecutor’s Office in the afternoon.
Talking to reporters, Kris said that her camp attempted to settle with them six times, belying Atty. Jesus’ statement that they tried to settle the issue with her quietly.
“This could have been fixed. And I will reiterate that – six times nag-attempt ang side namin. Kung patuloy naman na tinatanggihan ka, eh ikaw na ‘yung naaagrabiyado, meron ng mali doon.”
She also gave a message to her former business associate who was also her close friend. “Pero sasabihin ko, kasi ang last statement was, we are open for an amicable settlement. I’m saying it directly to you, Nicko. We shared something special. You helped me rise up when I was down. May utang na loob ako. Kaya natin ‘tong ayusin. Sana naayos ito kung tayong dalawa lang. And sinasabi mo na kumuha ako ng powerful lawyers, powerful friends, bakit hindi ko ‘yun gagawin? Eh kinabukasan ‘to ng mga anak ko. Ang ‘yun ang masakit, eh. Tinuring ka naming pamilya. Kaya nga kaya kong sabihin – kaya kitang patawarin pero magpakita ka naman sa’kin na you’re at least trying to meet me halfway. Because, I’ve done more than my share.”
Prior to this, Kris, through her Instagram page, posted a video consisting of pictures of credit card statements.
“Commenting unfortunately will need to be turned off-i am following instructions of my lawyers. (Fever is still 38.5, will now take my medicine and try to sleep.) i personally edited this myself because my doctors encouraged me to release all that is still hurting and angering me. TRUTH: CREDIT CARD STATEMENTS NEVER LIE (sic),” she captioned the post.