By Jeffrey Damicog
Kapa-Community Ministry founder and president Joel Apolinario and his co-respondents are set to file this Monday (October 7) their response to the complaint of the National Bureau of Investigation (NBI) which accused the religious organization of allegedly engaging in an investment scam.
National Bureau of Investigation (NBI / MANILA BULLETIN)
The respondents will file their counter-affidavits after having failed to submit these during the earlier scheduled submissions last September 25.
Assistant State Prosecutor Maria Lourdes Uy, who chairs the panel of prosecutors conducting the preliminary investigation of the complaint, granted the appeal of their lawyers for more time as they cited security concerns of their clients.
Once the counter-affidavits have been filed, Uy said the case could be submitted for resolution on October 7.
Three private complainants in the complaint have already withdrawn after having filed separate affidavits of desistance.
Those who withdrew as complainants are Judith Lechido, Kim Ampo, and Ampo’s mother Virginia.
In its complaint, the NBI accused Kapa of having committed five counts of violations of Sections 8 and 26 in relation to 73 of the Securities and Regulations Code (SRC), and eight counts of syndicated estafa as defined and penalized in Presidential Decree 1689.
Aside from Joel Apolinario, those who have been named as respondents in the complaint were his wife and Kapa corporate secretary Reyna Apolinario; treasurer Modie Dagala; directors Benigno Tipan Jr., Marnilyn Maturan, Ricky Taer, and Margie Danao; and incorporators Nonita Urbano, Junnie Apolinario, Nelio Nino, Maria Pella Sevilla, Jouelyn Del Castillo, Cristobal Barabad, and Joji Jusay.
“The modus/scheme of KAPA is basically solicitation of money/investment from the public in the guise of ‘donation’ with a promise of perpetual monthly interest equivalent to 30% return/interest in the guise of ‘blessings’,” read the complaint.
However, complaint pointed out the Certificate of Incorporation issued by the Securities and Exchange Commission (SEC) showed that Kapa is registered independent religious corporation “but does not authorize it to undertake business activities requiring a Secondary License from this Commission…”
“KAPA is an organization/corporation that sells and/or offers security/investment contracts to the general public without authority and license from the Securities and Exchange Commission,” the complaint stated.
“KAPA made it appear that the collection from the public of investment money is an act of a religious donation and the grant of investment is a form of religious blessing,” it added.
The complaint accused Kapa of “using religion to shield its organization from its unlawful solicitation of investments from the public through the employment of deceits, false pretenses and/or fraudulent acts.”
“The foregoing allegations are even bolstered when the NBI Team, went to KAPA Offices to investigate and conduct case build-up. They personally witnessed the investment scam/pyramiding scheme activities of KAPA particularly when they invested money to KAPA Offices as poseur investors,” it cited.
National Bureau of Investigation (NBI / MANILA BULLETIN)
The respondents will file their counter-affidavits after having failed to submit these during the earlier scheduled submissions last September 25.
Assistant State Prosecutor Maria Lourdes Uy, who chairs the panel of prosecutors conducting the preliminary investigation of the complaint, granted the appeal of their lawyers for more time as they cited security concerns of their clients.
Once the counter-affidavits have been filed, Uy said the case could be submitted for resolution on October 7.
Three private complainants in the complaint have already withdrawn after having filed separate affidavits of desistance.
Those who withdrew as complainants are Judith Lechido, Kim Ampo, and Ampo’s mother Virginia.
In its complaint, the NBI accused Kapa of having committed five counts of violations of Sections 8 and 26 in relation to 73 of the Securities and Regulations Code (SRC), and eight counts of syndicated estafa as defined and penalized in Presidential Decree 1689.
Aside from Joel Apolinario, those who have been named as respondents in the complaint were his wife and Kapa corporate secretary Reyna Apolinario; treasurer Modie Dagala; directors Benigno Tipan Jr., Marnilyn Maturan, Ricky Taer, and Margie Danao; and incorporators Nonita Urbano, Junnie Apolinario, Nelio Nino, Maria Pella Sevilla, Jouelyn Del Castillo, Cristobal Barabad, and Joji Jusay.
“The modus/scheme of KAPA is basically solicitation of money/investment from the public in the guise of ‘donation’ with a promise of perpetual monthly interest equivalent to 30% return/interest in the guise of ‘blessings’,” read the complaint.
However, complaint pointed out the Certificate of Incorporation issued by the Securities and Exchange Commission (SEC) showed that Kapa is registered independent religious corporation “but does not authorize it to undertake business activities requiring a Secondary License from this Commission…”
“KAPA is an organization/corporation that sells and/or offers security/investment contracts to the general public without authority and license from the Securities and Exchange Commission,” the complaint stated.
“KAPA made it appear that the collection from the public of investment money is an act of a religious donation and the grant of investment is a form of religious blessing,” it added.
The complaint accused Kapa of “using religion to shield its organization from its unlawful solicitation of investments from the public through the employment of deceits, false pretenses and/or fraudulent acts.”
“The foregoing allegations are even bolstered when the NBI Team, went to KAPA Offices to investigate and conduct case build-up. They personally witnessed the investment scam/pyramiding scheme activities of KAPA particularly when they invested money to KAPA Offices as poseur investors,” it cited.