The Department of Justice has given Kapa-Community Ministry founder and president Joel Apolinario and his 13 co-respondents more time to answer the complaint of the National Bureau of Investigation accusing the group of allegedly engaging in an investment scam.
The DOJ’s panel of prosecutors led by Assistant State Prosecutor Maria Lourdes Uy made the decision after the respondents were unable to submit their counter-affidavits during the first preliminary investigation hearing on Thursday.
Uy told the respondents to file their counter-affidavits on Sept. 3.
Last July 7, the NBI filed a complaint before the DOJ against respondents Kapa founder and president and 13 of its officials for 5 counts of violations of Section 8 and 26 in relation to 73 of the Securities Regulation Code and 8 counts of syndicated estafa as defined and penalized in Presidential Decree 1689.
Aside from Apolinario, also impleaded as respondents were 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 percent return/interest in the guise of ‘blessings’,” the complaint stated.
But the NBI said that the certificate of incorporation issued by the Securities and Exchange Commission showed that Kapa is a 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 NBI complaint said.
“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 said.
NBI 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 said.
Apart from the testimonies of its undercover agents, NBI said three Kapa members have also filed complaints with the NBI and “executed their ‘Sinumpaang Salaysay’ to attest on the investment scam/pyramiding scheme activities of KAPA.”
“All of them were deceived from investing money to KAPA on the belief that the latter is a legitimate organization. As a result, they suffered damages equivalent to the amount they invested including uncollected interests,” the NBI stated.
