A tribal leader from Mindanao on Friday claimed jurisdiction over Kapa Community Ministry International founder Pastor Joel Apolinario, saying he had already informed the Supreme Court about it through formal communication.
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At the weekly Nanka media forum in Quezon City, Datu Higyawan Hilag-ayan, who claimed to be the Federal Tribal Government of the Philippine governor general, said Kapa was operating within the jurisdiction of their ancestral land.
“Therefore, we have jurisdiction over it,” he said.
Hilag-ayan invoked the Indigenous People’s Rights Act or Republic Act 837 of 1997 recognizing and promoting the rights of all indigenous cultural communities and indigenous peoples.
Meanwhile, officials of Kapa did not show up on Friday at the Department of Justice for the preliminary investigation hearing on the criminal complaint filed against them by the Securities and Exchange Commission.
Assistant State Prosecutor Zenamar Machacon-Caparros said they have sent out the summons to the respondents but have not received any return notice.
Named respondents in the complaint filed by the SEC are Kapa founder and president Apolinario, trustee Margie Danao, corporate secretary Reyna Apolinario and officers Marisol Diaz, Adelfa Fernandico, Moises Mopia, Catherine Evangelista and Rene Catubigan.
Only lawyer Jose P. Aquino of the SEC’s-Enforcement Investor Protection Department along with two witnesses, Lester Bautista and Bryant Symonde Chang, attended the hearing.
Caparros told the complainants that in case the respondents continue to ignore the DOJ preliminary investigations, the complaint will be resolved on the basis solely of the SEC complaint.
Meanwhile, Aquino revealed the SEC is working with other government agencies to go after an unnamed individual who reportedly is in possession of the bulk of the Kapa group’s funds.
But he refused to comment when asked for details, as well as the possibility of the money being still in the country.
“There are other agencies who are more competent to answer that question,” Aquino stressed.
Representatives from the SEC vowed to present their witnesses in the next scheduled hearing on July 15.
On June 25, the tribal group sent a letter to the Supreme Court “informing it that we are dismissing all cases filed against Kapa in 72 hours and ordered its operation to resume in seven to 15 days.”
According to Hilag-ayan, they have about 220,000 members spread in Davao, Cotabato, Zamboanga, and the Caraga Administrative Region.
But he said they were “not directing the SC to act but are just informing it that we have jurisdiction over Apolinario and we will secure him.”
President Rodrigo Duterte ordered the closure of all Kapa offices all over the country as the SEC had issued a cease-and-desist order and the filing of charges accusing Kapa, a religious group that the agency said was involved in an investment scam.
The tribal leader sent copies of their letter to the Office of the President, the Office of the Senate President and the House of Representatives.
He said Apolinario was a member of their tribe.
“[The tribe] supports, assists and deputizes Pastor Apolinario and his disciples to resume their noble operation to alleviate the living conditions of indigenous Filipinos and rescue them from the bondage of harassment, unjust vexation, false accusations…” the letter read.
Kapa earned the ire of the President over its members donating cash with the promise of 30 monthly blessings.
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