If still soliciting, Kapa officers can be arrested sans warrant – Guevarra

Justice Secretary Menardo Guevarra on Tuesday said that Kapa Community Ministry International, Inc. officers being investigated by prosecutors could be arrested without a warrant if they continued to solicit investments.

Eight officers of the religious corporation, which the government had called an investment scam, had precautionary hold departure orders slapped on them as they faced a complaint for violations of the Securities Regulation Code.

"We don't know whether the online solicitations to donate through social media are still going on because that will be quite bad for them if they continue to solicit notwithstanding a complaint already filed by the SEC against them," Guevarra said at a press conference Tuesday.

"That's kinda risky because they can be arrested at any time even without a warrant for a continuing offense."

The DOJ had earlier upheld the validity of the warrant-less arrest of a webmaster allegedly involved in the circulation of a series of anti-Duterte videos on the grounds that it was a continuing offense.

Essentially, the DOJ said the NBI had reason to effect the arrest because the allegedly libelous content was still accessible online. https://www.gmanetwork.com/news/news/nation/693482/doj-indicts-rodel-jayme-for-inciting-to-sedition/story/

Rodel Jayme, the website creator, is in jail for inciting to sedition in relation to the anti-cybercrime law. He has pleaded not guilty to the charge.

Meanwhile, the Securities and Exchange Commission's (SEC) complaint against Kapa led to prosecutors summoning the impleaded Kapa board members and officers for preliminary investigation.

Guevarra said the DOJ did not know if the respondents had received the subpoenas. "As per information, the respondent officers and members of the board of Kapa could not be found in their respective offices," he said.

The Justice Secretary added that while records did not show the respondents leaving the country, there was "continuous communications" from them that they would "not surrender unless the members themselves tell them to do so."

The DOJ's resolution of the corporate regulator's complaint against Kapa would determine whether or not the corporation's officers would be charged in court. — DVM, GMA News