DOJ warns of warrantless arrest vs soliciting KAPA members

MANILA, Philippines — Justice Secretary Menardo Guevarra warned that officers of Kapa Community Ministry International Inc. still soliciting investments may be subjected to warrantless arrest.

In a press conference Tuesday, Guevarra said that those who are still collecting or soliciting from KAPA members, in what the Securities and Exchange Commission as a scam, may be arrested even without a charge from court as they are committing a “continuing crime.”

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“We don’t know if those online solicitations to donate, 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.

“That’s kinda risky because they can be arrested even without a warrant because that is continuing offense,” he added. 

READ: KAPA officials slapped with criminal complaint over alleged investment scam

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.”

Warrantless arrest

State prosecutors earlier upheld the warrantless arrest of web administrator Rodel Jayme in a charge of inciting to sedition.

They said that Jayme’s arrest was legal because of the principle of “hot pursuit.”

"Since at the time that the [warrant] was implemented, the libellous videos and articles were still circulating online and excerpts of the videos were still being shown on television or heard over the radio, clearly, on offense is being committed, and an arrest of respondent without a warrant is justified,” the resolution further read.

KAPA officials barred from leaving the country

The DOJ has secured precautionary hold departure orders against eight members and agents of KAPA, including its founder and president Joel Apolinario.

The eight members of KAPA are facing criminal complaints before the DOJ for an alleged fraudulent investment scheme.

The DOJ has summoned KAPA officials for submission of their counter-affidavits during the hearings set on July 5 and 15.

Guevarra said that according the Bureau of Immigration records, the KAPA officials named as respondents in the SEC complaint are still in the country.