“If they will continue to solicit notwithstanding a complaint filed by the SEC (Securities and Exchange Commission) against them, they can be arrested even without a warrant for a continuing offense,” Justice Secretary Menardo Guevarra told a press briefing.
KAPA execs face warrantless arrest — DOJ
Edu Punay (The Philippine Star) - July 3, 2019 - 12:00am

MANILA, Philippines — Officials of Kapa Community Ministry International Inc., alleged to be involved in an investment scam, may be arrested even without warrants if they continue to accept donations from their members, Justice Secretary Menardo Guevarra said yesterday.

“If they will continue to solicit notwithstanding a complaint filed by the SEC (Securities and Exchange Commission) against them, they can be arrested even without a warrant for a continuing offense,” Guevarra told a press briefing.

He said KAPA is offering securities without SEC registration, which is “unlawful.”

“Anyone who is part of the scheme even if they are not a respondent in the present case can be arrested,” Guevarra added.

An investigating panel of the Department of Justice (DOJ) chaired by assistant state prosecutor Gilmarie Fe Pacamarra summoned KAPA officials to appear during the preliminary investigation set on July 5 and 15 to answer charges for violation of Republic Act 8799 or the Securities Regulation Code filed against them last month.

Covered by the subpoena are KAPA founder and president Joel Apolinario, trustee Margie Danao, corporate secretary Reyna Apolinario and officers Marisol Diaz, Adelfa Fernandico, Moises Mopia, Catherine Evangelista and Rene Catubigan. 

Respondents hiding?

Guevarra said the summons have yet to be served because the respondents could not be found in their offices.

The DOJ chief also cited media reports quoting the respondents as saying that they would not surrender unless the members of their group tell them to do so.

The DOJ secured a precautionary hold departure order against KAPA executives on Monday.

Petition junked

As this developed, the Supreme Court (SC) junked the petition filed by a KAPA investor to nullify SEC’s closure order on the religious organization.

An insider said SC justices decided in full session to dismiss the petition of Rhema International Livelihood Foundation Inc. for insufficiency in form and substance as well as lack of jurisdiction.

The source, who requested anonymity for lack of authority to speak for the high tribunal, said the magistrates did not even see the need to require the respondents to answer the petition. 

Rhema’s petition, which was filed on June 21, also asked the SC to impeach President Duterte for ordering a crackdown on KAPA.

Rhema sought the issuance of a status quo ante order against the order of the SEC that revoked KAPA’s registration as a non-stock corporation.

The petition also asked the high court to allow KAPA to resume its religious activities and remove Rhema’s special project, Cirfund, from the list of the unregistered investment entities.

Rhema, which was represented by its executives Manuelito Traya and Roberto Apduhan, sought a P3-billion compensation from the President and and SEC Chair Emilio Aquino for “destroying” Cirfund.

The petitioners said their constitutional right to due process was violated when the government  “railroaded the process of law.”

Rhema said it is accredited with the Department of Social Welfare and Development and local government units in Metro Manila and Rizal.

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