MANILA, Philippines — The three private complainants are no longer interested in pursuing the syndicated estafa charges they filed against officials of the Kapa Community Ministry International over an alleged investment scam.
Judith Lechido, a resident of Quezon City, and Kim Ampo of Pateros filed their affidavits of desistance during the preliminary hearing at the Department of Justice (DOJ) yesterday.
The third complainant, Ampo’s 65-year-old mother Virginia, did not attend the hearing. Ampo tried to submit her affidavit of desistance, but the prosecution panel rejected it because she affixed her signature only on the second page.
Assistant state prosecutor Maria Lourdes Uy, head of the DOJ panel investigating the case, said complainants should affix their signature on the first and second pages of the affidavit.
In their complaint affidavits, Virginia said she invested P500,000; Ampo, P45,000, and Ledicho, P30,000.
They said they were promised a “monthly lifetime interest” equivalent to 30 percent of the amount they invested.
Donation
However, in their affidavits of desistance, the three said they gave the money to KAPA as a “donation” because they wanted to “share” the blessings that they have received. They said they are not expecting anything in return.
The National Bureau of Investigation had earlier filed charges of syndicated estafa against KAPA founder Joel Apolinario and 13 other KAPA officials – Nonita Urbano, Junnie Apolinario, Nelia Niño, Maria Pella Sevilla, Jouelyn del Castillo, Cristobal Barabad, Joji Jusay, Reyna Apolinario, Modie Dagala, Benigno Tipan Jr., Marnilyn Maturan, Ricky Taer and Margie Danao. The NBI said its investigation showed that KAPA was engaged in a Ponzi-type scheme.
The Securities and Exchange Commission filed a similar complaint against the KAPA officials.
Legal consequences
“As prosecutors it is our duty to inform... on the possible legal consequences of the affidavit of desistance. We need to be sure that their affidavit of desistance was voluntarily executed, that they were not coerced or threatened... What is important is that they understood their affidavit and it was voluntarily given,” assistant state prosecutor Xerxes Garcia said.
Garcia said they could not stop anyone from withdrawing their complaint.
“We just want to make sure that they were not forced or offered something in return for filing their affidavit of desistance,” he said.
The DOJ set the next hearing on Sept. 10.