KAPA officials, lawyers no-show at start of DOJ preliminary probe on SEC complaint

Published July 5, 2019, 1:40 PM

by Gabriela Baron & Minka Klaudia Tiangco

By Jeffrey Damicog

Kapa-Community International Ministry, Inc. founder and president Joel Apolinario and seven of his officials failed to appear before the Department of Justice (DOJ) Friday, July 5, at the start of the preliminary investigation of the criminal complaint against them.

(Juan Carlo de Vela / MANILA BULLETIN)
(Juan Carlo de Vela / MANILA BULLETIN)

Neither was there any lawyer or any representative present before the DOJ panel of prosecutors, chaired by Assistant State Prosecutor Zenamar Machacon-Caparros, which is conducting the preliminary investigation based on the complaint filed by the Securities and Exchange Commission (SEC).

Only the representatives of the SEC’s Enforcement Investor Protection Department (SEC-EIPD) were present during the hearing.

Caparros said that subpoenas have already been sent out to all of the eight respondents in the complaint, ordering them to appear at yesterday’s hearing.

“Na-serve na lahat pero yung mail wala pa return (The subpoenas have all been served but the ones that were mailed have no returns yet),” she told reporters.

Caparros explained the subpoenas were usually sent to the last-known addresses of the respondents.

“Last known address lang naman required. Usually address based on official documents,” she said.

SEC-EIPD lawyer Jose Aquino explained the addresses provided by the SEC to the DOJ were based on the documents submitted by Kapa.

“Those are on file at the Sec because that is provided by law,” he said.

Despite the absence of the respondent, Caparros said the eight Kapa officials will be given another chance to appear at the next hearing set this July 15.

Should the respondents fail to appear again, the case will be submitted for resolution based on the documents submitted by the SEC.

Apart from Apolinario, the seven other Kapa officials named as respondents in the SEC complaint are Reyna Apolinario, Margie Danao, Catherine Evangelista, Rene Catubigan, Marisol Diaz, Adelfa Fernandico, and Moises Mopia.

In its complaint, the SEC accused Kapa of engaging in an investment scam in violation of Republic Act No. 8799, the Securities Regulation Code (SRC), particularly, Sections 8, 26 and 28.

Prior the start of the preliminary investigation hearing, the panel was able to secure from the Davao City Regional Trial Court (RTC) a precautionary hold departure order (PHDO) against the eight respondents to prevent them from fleeing the country.