THE Department of Justice will proceed with the preliminary investigation of the estafa case filed against American hip-hop singer Chris Brown by the Iglesia Ni Cristo, Justice Secretary Leila de Lima said Sunday.
Brown was allowed to leave the country on Friday last week, but the preliminary investigation on the complaint filed against him and his promoter John Michael Pio Roda will continue, she said.
“The [investigation] will proceed [whether he’s around or not] since there is a complaint,” De Lima said.
Brown was prevented from leaving the airport aboard his private plane on Tuesday last week because of the $1-million estafa complaint filed by INC lawyer Glicerio Santos IV for Brown’s alleged failure to fulfill his commitment to perform at the Philippine Arena during the New Year countdown celebration on Dec. 31, 2014.
Although Brown eventually was allowed to leave the country, Roda was detained by Immigration for other immigration law violations.
De Lima said the estafa case had already been assigned to a prosecutor and subpoenas were expected to be issued on Brown and Roda.
Brown could ignore the subpoena, but that would mean a waiver on his right to answer the allegations in the complaint against him, De Lima said.
“These is a process. If in the [preliminary investigation] probable cause is established, then the case will be filed in court, which cannot proceed without the presence of the accused,” De Lima said.
“There are modes on how to bring the accused here like the MLAT (Mutual Legal Assistance Treaty) or extradition.”
De Lima said the cases against Brown and Roda may have criminal and civil aspects. In the criminal aspect, the intent to defraud by the respondents must be established.
“In estafa cases the main objective is how to recover the money, so there is also a civil aspect that may involve the recovery of money via a civil suit.”