By Jeffrey Damicog
Officials of Kapa-Community Ministry Inc. will be arrested if they continue to accept donations from its members, Justice Secretary Menardo Guevarra warned Tuesday.
“That will be quite bad for them if they will continue to solicit notwithstanding a complaint already filed by the SEC (Securities and Exchange Commission) against them,” said Guevarra during a press conference.
“They can be arrested even without a warrant for a continuing offense,” he stressed.
Last June 18, the SEC filed a complaint against eight officers of Kapa for violating Republic Act No. 8799, the Securities and Regulation Code (SRC).
Those who have been named as respondents in the complaint are Kapa founder and president Joel Apolinario, trustee Margie Danao, corporate secretary Reyna Apolinario, Marisol Diaz, Adelfa Fernandico, Moises Mopia, Catherine Evangelista, and Rene Catubigan.
“The offense is offering to sell itong what may be classified as securities without proper registration in the SEC. Yun ang nagiging unlawful (That is unlawful). You are offering it without the proper license from the SEC,” Guevarra explained.
Apart from those named in the complaint, the Secretary said, if the donations continued, “anyone who is part of the scheme even if they are not a respondent in the present case, they can be arrested.”
Meanwhile, a DOJ panel of prosecutors, which has been assigned to conduct a preliminary investigation over the SEC complaint, has already sent out subpoenas which summoned the eight respondents to the DOJ on July 5 and 15 to file counter-affidavits.
“We have no information whether these subpoenas have actually been received because, as per information, the respondents could not be found in their respective offices,” the DOJ chief revealed.
So far, Guevarra assured he has received no information from the Bureau of Immigration (BI) that any of the eight respondents have left the country.
Regardless, the DOJ has already secured from the Davao City Regional Trial Court last Monday a Precautionary Hold Departure Order (PHDO) which prevents the eight respondents from leaving the country.
“It effectively prevents the departure of these respondents so that they may be held for the complaint filed against them by the SEC,” Guevarra explained.