THE Department of Justice has summoned Grammy-award winner Chris Brown and his promoter to appear before the first preliminary investigation hearing of their estafa case filed against them by the influential Iglesia Ni Cristo.
Assistant State Prosecutor Christine Marie Buencamino has issued subpoenas requiring Brown, whose real name is Christopher Maurice “Chris” Brown, and his promoter, Filipino-Canadian John Michael Roda to appear before the DOJ on Friday, July 30, at 2:00 p.m.
“You are hereby warned that failure on your part to comply with the subpoena shall be considered as a waiver of your right to furnished copies of the complaint, supporting affidavits, and other documents, as well as to examine all other evidence submitted by the complainant,” stated the two-page subpoena issued by Buencamino.
Brown was prevented from leaving the airport aboard his Gulfstream G450 plane last July 21 due to 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 last December 31, 2014.
Nonetheless, Brown was able to secure an emigration clearance last Friday, allowing him to leave the country on the same day.
In a six-page complaint filed by Maligaya Development Corp., Roda, through his company Pinnacle Live Concepts Limited, negotiated with MDC’s J. Williams Management Group (JWMGI) to bring Brown into the country. They agreed on the amount of $1,006,250.
JWMGI made an initial payment of $87,500 on October 13 while $350,000 was remitted directly to Chris Brown.
Through JWMGI, MDC claimed that it paid the R&B singer in full based on agreed amount on December 1, 2014, with another $350,000 deposited directly to Brown’s account as per Roda’s instruction.
However, on Dec. 31, 2014, “to the dismay of the ticket holders, respondent Chris Brown did not perform at the concert. He did not even arrive in the Philippines.”
“As a consequence, complainant was subjected to embarrassment and it was publicly scrutinized as many fans who bought tickets were angered by respondent Chris Brown’s nonperformance,” the complaint stated.
Justice Secretary Leila de Lima stressed that the preliminary investigation may proceed even if Brown opts not to participate since such proceeding is “not a compulsory process.
“Of course the PI will proceed (whether he’s around or not) since there is a complaint. It will have to go through the process,” De Lima said. “Yes, he may ignore the subpoena.”
Since Brown has already chosen to leave the country before the subpoena was issued against him, De Lima said Brown’s flight is considered a waiver of their right to answer the allegations in the complaint.
De Lima also assured that legal measures are available if in case the prosecutor decides to file the case in court.
“This is a process. If in the PI 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 stressed.
Besides, De Lima explained that estafa by swindling such as the case against Brown and Roda may have both criminal and civil aspects.
For the criminal aspect, she explained that 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 said.
De Lima clarified that such scenario is “preemptive” at this point as it is “getting ahead of all things in the case.”