Private complainants backing out of syndicated estafa raps vs. Kapa

The private complainants in a syndicated estafa complaint against Kapa Community Ministry International Inc. have moved to withdraw their criminal charges against the beleaguered religious group and alleged investment scam.

Two of the three private complainants, initially identified as Kapa investors, filed affidavits of desistance at the Department of Justice on Tuesday. The third, a senior citizen who was not present due to a medical condition, also signified her intention to withdraw and must to comply with a requirement for prosecutors to accept her affidavit.

Two of the complainants said they voluntarily donated money to Kapa and were not promised an interest yield or income in return—a contradiction of the original allegation that they were made to believe they would earn a monthly lifetime interest of 30% of the principal.

The three complainants separately invested P500,000, P45,000, and P30,000, respectively, according to the complaint filed by the National Bureau of Investigation (NBI) on their behalf. The NBI said it cited the complainants’ own affidavits.

The prosecutors have yet to decide on the affidavits of desistance. “Wala pa kaming conclusion,” said Assistant State Prosecutor Maria Lourdes Uy.

The complainants were informed by the prosecution of the consequence of withdrawing from the case.

This is the latest development in the preliminary investigation—the stage where prosecutors decide whether or not to file a case in court—of the second known criminal complaint against Kapa and its officers for allegedly implementing an investment scam.

The NBI complaint against Kapa founder Joel Apolinario and 13 of its officers and employees covered eight counts of syndicated estafa and five counts of violation of the Securities Regulation Code.

Another complaint for violation of the same law filed by the Securities and Exchange Commission is being investigated by a separate panel of prosecutors.

The corporate regulator alleged Kapa sold or offered for sale securities in the form of investment contracts, in the guise of a donation in exchange for a monthly interest of 30%, and in the form of “love, gifts and/or blessings.”

President Rodrigo Duterte ordered Kapa closed last June, and Kapa members protested the crackdown. —VDS, GMA News