The Supreme Court on Tuesday dismissed the petition filed by an investor in the controversial Kapa Community Ministry International Inc. seeking relief against the government’s crackdown on the religious group and the closure order on its operations.
The high court dismissed the plea even as the Justice department said Tuesday the members of Kapa-Community Ministry International Inc. who continue to solicit contributions can be arrested.
Justice Secretary Menardo Guevarra said the continuing operations by Kapa members to get contributions may be considered a “continuing offense,” since the criminal charges for violation of the Securities Regulation Code had already been filed against the firm’s officials.
During its en banc session, the high court resolved to dismiss the petition of Rhema International Livelihood Foundation Inc. for being insufficient in form and substance.
High court spokesman Brian Keith Hosaka confirmed that the case had been dismissed outright.
The Court dismissed the case outright because it is not a trier of facts, he said.
The petition filed on June 21 asked the high court to impeach President Rodrigo Duterte for ordering the crackdown on Kapa even when the Court has no power to impeach the President as such authority belongs to Congress.
Rhema, which described itself as a “donor” of Kapa, sought the issuance of a status quo ante order against the order of the Securities and Exchange Commission in April that revoked Kapa’s registration as a non-stock corporation.
The petitioner also asked the high court to allow “Kapa to resume their religious activity” and “expunge Cirfund from the list of the unregistered investment entities as it is an online platform of Rhema International Livelihood Foundation Inc. and further declare that (Cirfund) is backed by hard documents that support the legality of its business act and deeds.”
The firm, represented by its executives Manuelito Traya and Roberto Apduhan, likewise sought compensation amounting to P3 billion from the respondents led by Duterte and SEC Chairman Emilio Aquino “for destroying Cirfund.”
The petitioner claimed that their constitutional right to due process was violated by the respondents when they “railroaded the process of law, making it summary procedure when it is supposed to be in a full-blown trial.”
It accused the SEC of committing grave abuse of discretion in issuing its advisory on May 31 that tagged the company as among the “unregistered investment entities” because of its investment program, Cirfund.
Rhema said it was a licensed foundation accredited with the Department of Social Welfare and Development and local government units in Metro Manila and Rizal and that Cirfund was its special project.
The SEC recently filed charges of violation of Republic Act 8799 against Kapa, its founder, and president Pastor Joel Apolinario, trustee Margie Danao, corporate secretary Reyna Apolinario and officers Marisol Diaz, Adelfa Fernandico, Moises Mopia, Catherine Evangelista and Rene Catubigan over the alleged large-scale investment scam.
The Justice department has already summoned the respondent to a preliminary investigation hearing set on July 5 and 15.
The department also secured a hold-departure order against the Kapa officials from a Davao City Regional Trial Court to prevent their possible flight to avoid prosecution.
The SEC said its investigation showed that Kapa and its officers enticed the public to “donate” at least P10,000 in exchange for a 30-percent monthly “blessing” or “love gift” for life, without having to do anything other than invest and wait for the payout.
The investment scheme operated by the respondents involved the sale and offering for sale or distribution to the public of securities in the form of investment contracts.
Aquino said Kapa “amassed wealth through an investment scam in the guise of religion and at the expense of the investing public.”
The SEC said it had issued an advisory against Kapa’s operations as early as March 2017 and a cease-and-desist order in February and an order of revocation of the non-stock corporation’s registration in April. With PNA
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