By Jeffrey Damicog Two officials of the Kapa-Community Ministry will no longer be given a chance to refute the complaint filed by the National Bureau of Investigation (NBI) which accused them and their co-respondents in engaging in an investment scam. The office Assistant State Prosecutor Maria Lourdes Uy confirmed on Friday (Nov. 22) that two respondents have failed to file their counter-affidavits, namely, Kapa incorporators Cristobal Barabad and Joji Jusay. “They will no longer be given the chance. This means they have waived their rights to submit counter-affidavits,” Uy said. Uy has been conducting the preliminary investigation of the NBI complaint since August 15. During this time, the prosecutor gave the respondents several extensions in the filing of the counter-affidavits with the last extension given last October 9. Meanwhile, Uy has directed the parties in the case to submit their respective memoranda on Friday (November. 22). Regardless, whether they submit the memoranda or not, Uy said the case is deemed submitted for resolution. In its complaint, the NBI accused Kapa of having committed five counts of violations of Sections 8 and 26 in relation to 73 of the Securities and Regulations Code (SRC), and eight counts of syndicated estafa as defined and penalized in Presidential Decree 1689. Aside from Barabad and Jusay, those who have been named as respondents in the complaint are Kapa president and founder Joel Apolinario; his wife and corporate secretary Reyna; treasurer Modie Dagala; directors Benigno Tipan Jr., Marnilyn Maturan, Riicky Taer, and Margie Danao; and incorporators Nonita Urbano, Junnie Apolinario, Nelio Nino, Maria Pella Sevilla, Jouelyn Del Castillo. “The modus/scheme of KAPA is basically solicitation of money/investment from the public in the guise of ‘donation’ with a promise of perpetual monthly interest equivalent to 30% return/interest in the guise of ‘blessings’,” read the complaint. However, complaint pointed out the Certificate of Incorporation issued by the Securities and Exchange Commission (SEC) showed that Kapa is registered independent religious corporation “but does not authorize it to undertake business activities requiring a Secondary License from this Commission…” “KAPA is an organization/corporation that sells and/or offers security/investment contracts to the general public without authority and license from the Securities and Exchange Commission,” the complaint stated. “KAPA made it appear that the collection from the public of investment money is an act of a religious donation and the grant of investment is a form of religious blessing,” it added. The complaint accused Kapa of “using religion to shield its organization from its unlawful solicitation of investments from the public through the employment of deceits, false pretenses and/or fraudulent acts.” “The foregoing allegations are even bolstered when the NBI Team, went to KAPA Offices to investigate and conduct case build-up. They personally witnessed the investment scam/pyramiding scheme activities of KAPA particularly when they invested money to KAPA Offices as poseur investors,” it cited.