MANILA -- Government lawyers on Tuesday cautioned private complainants against Kapa Community Ministry International Inc. (Kapa) of the implication of their decision to desist from the cases they initiated against officials of a religious group involved in investment scams.
Assistant State Prosecutors Xerxes U. Garcia and Ma. Lourdes Uy reminded the complainants that their decision to withdraw the complaint they initiated before the National Bureau of Investigation (NBI) may, in turn, make them liable.
"Don't you know that you may face complaints for initiating a complaint before the NBI and then withdrawing it," Garcia told complainants Kim Ampo and Judith Lechido.
Uy added that the DOJ panel will be considering the implication of the desistance by the complainants.
Last July, the NBI filed estafa charges against the founder and officials of the Kapa Community Ministry International Inc. (Kapa), on behalf of the three complainants, Virginia Ampo, her son Kim, and Lechido.
The prosecutors only accepted the desistance from Kim and Lechido since the third complainant Virginia, a senior citizen from Dinagat Islands, failed to personally attend the hearing due to hypertension.
"Binigay ko ang aking donasyon na walang inaasahang kapalit. Ako ay hindi kailan man pinangakuan ng kahit sino man sa Kapa na susuklian ang aking donasyon ng kahit ano mang gantimpala, tubo, interes, kita o kahit ano pa mang material na bagay (I gave my donation expecting nothing in return nor was I promised that I would be given a donation, reward, interest or earning or any material thing),"Ampo claimed in his desistance.
Lechido, on the other hand, claimed: "Ang totoo ay ako ay lumahok sa Kapa dala sa aking kagustuhan na makatulong rin sa aking kapwa (I joined Kapa out of desire to help others)," she claimed.
In their original complaint, Virginia originally said she was duped of her retirement fund amounting to PHP500,000; her 38-year-old son who invested PHP45,000; and Lechido who "donated" PHP30,000. The three are the first of Kapa's 3 million members to formally file a complaint.
Facing charges of five counts of violations of the Securities Regulations Code and eight counts of syndicated estafa are founder Pastor Joel Apolinario and 13 other officials of the group.
Also named in the charges were the firm's incorporators namely Nonita S. Urbano, Junnie G. Apolinario, Nelia V. Nino, Maria Pella B. Sevilla, Jaquelyn A. del Castillo, Cristobal R. Barabad, and Joji A. Jusay, corporate secretary Reyna L. Apolinario, director and treasurer Modie S. Dagala, and corporate directors Benigno D. Tipan Jr., Marnilyn M. Maturan, Ricky A. Taer, and Margie A. Danao.
In its report, the NBI said Kapa's offices in Taytay, Rizal and Quezon City continued to transact with the public despite a Securities and Exchange Commission (SEC) decision on April 3, revoking its certificate of registration.
On May 16, SEC's Market and Securities Regulation Department also stated that it has not registered any securities and has no permit to sell securities.
Another hearing has been scheduled on September 10. (PNA)
