Warrantless arrest for Kapa members who continue to solicit: DOJ

FILE: DOJ Secretary Menardo Guevarra (TOTO LOZANO/PRESIDENTIAL PHOTO)

MANILA — Members of Kapa-Community Ministry International Inc. who continue to solicit contributions can be apprehended by law enforcers, the Department of Justice (DOJ) said Tuesday.

Speaking to newsmen, Justice Secretary Menardo Guevarra said continuous operations by Kapa members to get contributions may be considered a “continuing offense” since criminal charges for violation of the Securities Regulation Code (SRC) had already been filed against the firm’s officials.

“May mga (There are) statements from them that ‘they (Kapa officials) will not surrender’, unless the members themselves tell them to do so. We don’t know (if) online solicitations to donate, sa (on) social media, are still going on, because that can be quite bad from them, if they continue to solicit notwithstanding a complaint already filed by the SEC against them,” Guevarra said.

“Because there’s a complaint by the SEC and there’s an alleged violation of the law, so if they continue to do so, until now, so that’s a continuing offense, you don’t need an arrest warrant for that. Because it’s there being committed continuously, it’s still being perpetrated, in the person of a law enforcement officer, assuming that they continue to solicit,” he added.

On Monday, the Davao Regional Trial Court (RTC) Branch 16 issued a precautionary hold departure order (PHDO) against all eight officers and board members led by Pastor Joel Apolinario.

Also covered by the PHDO are Kapa trustee Margie A. Danao and corporate secretary Reyna L. Apolinario Marisol M. Diaz, Adelfa Fernandico, Moises Mopia, Catherine Evangelista and Rene Catubigan.

The Securities and Exchange Commission (SEC) earlier sought the criminal prosecution of the officials for engaging in the investment scheme without authority from the regulatory body.

Kapa has enticed its members to donate at least PHP10,000 in exchange for a 30 percent monthly “blessing” or “love gift” for life, without having to do anything other than invest and wait for the payout.

The SEC said the scheme being perpetrated by Kapa involved the sale or offering for sale or distribution to the public of securities, in the form of investment contracts as defined under Section 3 of the SRC.

It said the respondents violated Section 8 (8.

1) of the SRC, which prohibits the selling or offering for sale or distribution of securities without a registration statement filed and duly approved by the SEC.

It added that the respondents violated Section 8 of the SRC which states that “no person shall be engaged in the business of buying or selling securities in the Philippines as a broker or dealer, or act as a salesman, or an associated person of any broker or dealer unless registered with the SEC.”

The SEC is also asking the DOJ to prosecute Kapa for employing a Ponzi scheme, which is considered a fraudulent transaction prohibited under Section 26 of the SRC.