$1-M estafa rap vs Chris Brown to proceed
American hip- hop singer Chris Brown is not yet off the hook in the $1-million estafa charge filed against him by the influential religious sect Iglesia ni Cristo (INC).
Justice Secretary Leila de Lima said while Brown was allowed to leave the country on Friday afternoon, the preliminary investigation on the complaint filed against him and his promoter John Michael Pio Roda would proceed.
“Of course the preliminary investigation will proceed (whether he’s around or not) since there is a complaint. It will have to go through the process,” De Lima explained over the weekend.
De Lima also confirmed that the estafa charge has been assigned to an investigating prosecutor and a subpoena is expected to be issued on Brown and Roda.
But she said the preliminary investigation may proceed even if Brown opts not to participate since such a proceeding is “not a compulsory process.”
“Yes, he may ignore the subpoena,” she added.
However, she pointed out that the non-participation of respondents in preliminary investigation proceedings on criminal charges in the Department of Justice (DOJ) is considered a waiver of their right to answer the allegations in the complaint.
De Lima gave assurance that legal measures are available in the event that the prosecutor decides to file the case in court.
“There is a process. If in the prelimishoal nary investigation level, probable cause is established then the case will be filed in court, which cannot proceed without the presence of the accused. There are modes on how to bring the accused here like the MLAT (Mutual Legal Assistance Treaty) or extradition,” she explained.
De Lima noted that estafa by swindling, such as the case against Brown and Roda, may have criminal and civil aspects.
For the criminal aspect, the intent to defraud on the part of the respondents must be established. “But in estafa cases the main objective is how to recover the money so there is also civil aspect that may involve recovery of money via civil suit,” she explained.
But De Lima clarified that such scenario is “preemptive” at this point as it is “getting ahead of all things in the case.”
Brown was prevented from leaving the airport aboard his Gulfstream G450 plane last Tuesday because of the $1-million estafa complaint filed by INC head legal counsel Glicerio Santos IV for the singer’s failure to fulfill his commitment to perform at the Philippine Arena during the New Year countdown celebration on Dec. 31, 2014.