By Benjamin Pulta/Philippine News Agency
MANILA — The Department of Justice (DOJ) has named a prosecution panel to handle the complaints for syndicated estafa among other charges filed by the National Bureau of Investigation (NBI) against officials of the Kapa Community Ministry International Inc. led by its pastor Joel Apolinario.
In an order dated July 17, Prosecutor General Benedicto A. Malcontento named Assistant State Prosecutor Ma. Lourdes C. Uy as chair of the prosecution panel with Assistant State Prosecutors Consuelo Pazzluagan, Xerxes U. Garcia, Jeanette M. Dacpano and Associate Prosecution Attorney Luis Miguel A. Flores as members.
An earlier separate case initiated by the Securities and Exchanges Commission (SEC) is also pending before the DOJ against Apolinario and other Kapa officials.
Last week, lawyers of the embattled organization asked the DOJ for more time to formally answer the criminal charges filed by the SEC against its officials over allegations of running a multi-billion peso Ponzi-scheme.
Citing the same threats to the security of Apolinario, defense lawyers also asked permission to allow the Kapa officials to swear on their affidavit before the Saranggani provincial prosecutor instead of the DOJ panel handling the case.
The DOJ panel head in the case, State Prosecutor Zenamar Machacon-Caparros, gave the defense a non-extendable period until the next hearing on July 29.
The Davao Regional Trial Court (RTC) Branch 16 earlier issued a precautionary hold departure order (PHDO) against all eight officers and board members led by Apolinario.
Also covered by the travel ban are Kapa trustee Margie A. Danao and corporate secretary Reyna L. Apolinario, Marisol M. Diaz, Adelfa Fernandico, Moises Mopia, Catherine Evangelista, and Rene Catubigan.
Kapa has enticed the public to donate at least PHP10,000 in exchange for a 30-percent monthly return referred to as “blessing” or “love gift” for life.
The SEC said the scheme 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 Securities Regulation Code (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.
The government regulatory body 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.”
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