Trillanes: Impeachment rap can be filed vs. Duterte over Kapa issue

Outgoing Senator Antonio IV said Friday leaders and members of Kapa Community Ministry International Inc. (Kapa) can file an impeachment complaint against President Rodrigo Duterte for culpable violation of the Constitution for allegedly violating their freedom of religion.

“Para sa mga lider at miyembro ng Kapa, mag-file ng kasong impeachment laban kay Duterte for culpable violation of the Constitution (i.e. Art. II, Sec. 6) dahil sa pagbalewala nito sa kanilang religious freedom,” Trillanes said in a press statement.

He said if it is true that Kapa is registered with the Securities and Exchange Commission as a religious organization and the supposed investments were stated as donations, the government has no right to stop them even if it looks like a Ponzi scheme.

“Karapatan ng isang miyembro na i-donate kahit lahat ng kanyang pera sa kanyang simbahan. Kahit wala itong resibo at hindi ito puwede buwisan. Kahit pa na mukha ngang Ponzi scheme ang pamamalakad ng Kapa, basta maliwanag sa mga miyembro nito na kung sakaling hindi bumalik ang kanilang pera, hindi sila puwedeng magreklamo dahil nga, simula't sapul ito ay kanilang "donation" sa kanilang simbahan,” he said.

He also said that if it is true that there are no private complainants against Kapa, the government cannot file a syndicated estafa case against it.

He asked where and how much were the money confiscated from Kapa and if there is a liquidation and distribution plan to return these to the members.

Trillanes said the government should allow Kapa to operate, for at least 30 days, while investigation is ongoing to allow it to return the money of their members.

“Gayundin, sa lalong madaling panahon, gumawa ang gobyerno ng inventory ng mga nakuha nilang pera or property mula sa Kapa at gumawa ng distribution plan para sa pag distribute nito sa mga miyembro ng Kapa,” he said.

The senator further said Kapa members can file a class suit against the government and Duterte after his term to retrieved their ‘donated’ money.

Reached for the Palace’s reaction, presidential spokesperson Salvador Panelo said in a text message: “Other than saying that the latest ranting of the incorrigible shameless former military renegade is as usual nonsensical and pompous, it is undeserving of a response.”

President Duterte earlier ordered a crackdown on Kapa's operations and the Court of Appeals issued a freeze order on several bank accounts and other assets of the religious group.

The SEC issued a cease and desist order against Kapa in February and made it permanent in March.

The SEC said Kapa offered and sold securities in the form of investment contracts and in the guise of donations, even without license, but Kapa members belied that the investment scheme was a scam. — with Virgil Lopez/RSJ, GMA News