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CA upholds search warrants in Kapa's P50 B Ponzi scam
By J.Lo
"At the time of issuance of subject search warrants, this administrative matter was not yet promulgated or effective," Court of Appeals (CA) has junked bid of Kapa Community Ministry International Inc. to invalidate search warrants issued by Manila Regional Trial Court (RTC) against its officers and members over their alleged involvement in P50-billion Ponzi scheme.
In resolution promulgated on Aug. 16,2023, CA's 13th Division denied motion for reconsideration filed by Kapa and its representative, pastor Joel Apolinario, against search warrants issued by Manila RTC and implemented by National Bureau of Investigation (NBI) in several Kapa offices in 2019.
Earlier this year, CA affirmed validity of 20 search warrants, issued in 2019, but Kapa sought appellate court's reconsideration on grounds RTC was not authorized by Supreme Court (SC) to issue search warrants outside of its jurisdiction.
Offices subject to search were those in Quezon City, Taytay in Rizal and General Santos City.
Kapa also argued provision in SC's rules on judges' specific powers and jurisdictions was not yet in effect when search warrants were issued. It also argued rule was repealed by SC's rules on use of body cameras.
In dismissing motion, CA devoid merit as SC's issuance on body cameras, which took effect in 2021, "was expressly made applicable by Section 1, Rule 5 thereof to pending and unimplemented warrants."
Kapa reportedly promised contributions ranging from P10,000 to P2 million would grow 30 percent a month for life. Contributions were meant to propagate religious faith and establish livelihood programs.
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