CEBU CITY, Philippines- A General Santos City councilor aired his view that Pres. Rodrigo Duterte can not order the closure of Kabus Padatuon (KAPA) motu propio. “The president can not motu propio order the closure of KAPA without first successfully attacking the preliminary injunction issued by the court,” Atty. Franklin Gacal, a reelected Gensan City councilor said in his Facebook account today June 15, 2019.
Gacal who taught constitutional law and is a product of the Ateneo law school explained that in applying the Doctrine of Political Qualified Agency, Pres. Duterte cannot act motu propio (Latin, on his own impulse; on his own volition) since there is an issued Writ of Preliminary Injunction by a local court against the Securities and Exchange Commission (SEC). The SEC earlier issued a Cease and Desist Order (CDO) against KAPA and subsequent revocation of its Certificate of Registration last April but Gensan RTC Branch 35 Judge Oscar Noel issued the writ pending the resolution of the constitutional right of an exercise of freedom of religion invoked by KAPA which is beyond the SEC powers.
SEC Chairman Aquino, however, countered that under the Revised Corporation Code no courts below the Court of Appeals can have jurisdiction over the SEC. Gacal who also used to be the legal counsel of Sen. Manny Pacquiao clarified that because of the injunction, no one is above the law. ” No one is above the law. The Republic of the Philippines is a country governed by the rule of law and not the rule of men, otherwise, there will be chaos and social unrest.
The 3 branches of the government are Co-equal bodies. This is to have checks and balances in the government in order to secure the preservation of various liberties. This principle ensures that no one department becomes too powerful,” Gacal said. Duterte, however, ordered the National Bureau of Investigation (NBI) and other law enforcement agencies to shut down KAPA calling it “scam” using a pyramiding scheme.
The NBI already raided many KAPA offices in the country including one in Poblacion Compostela, Cebu apart from the house of KAPA founder Joel Apolinario in Barangay City Heights, Gensan. In his speech in Gensan last June 13, the President reiterated his order to a KAPA crackdown which claims a 5 million membership. Before the President spoke, Apolinario earlier told his flock that Duterte already agreed that KAPA will continue but yesterday he admitted not meeting the President personally.
He said somebody who is close to the President met him, along with his lawyers, who reportedly agreed that they announced that Duterte is already fine with KAPA. Apolinario did not identify the person but well-placed sources said that the person is someone who has been elected to a political office that KAPA supported. Meanwhile, another lawyer who aspired as a party-list congressman asked that KAPA be given their day in court.
Atty. Lyndon Cana of Cibac partly-list which has evangelist Bro. Eddie Villanueva as their no. 1 nominee (CIBAC got 2 seats) said that in his interaction with KAPA members in Mindanao not a single person complained. He made an interesting computation on how members would recoup their investments (donation) pegged at P10,000 which he said with a 30% Return of Investment (ROI) monthly could be returned to the member already in four months.
The rest after four months, Cana said it is already a profit for the member. Cana who is a former Bacolod City councilor said that a 30%00 ROI is not surprising these days with the advent of Bitcoin, stock trading, etc., all of which are high-risk investments. He castigated the banking system instead which he claims only gave 1% per annum interest in savings deposits and high interest rates on loans (7-9%). “So give KAPA its day in court.
And compare it with the banking system, the lending business that this world is used to. Who is blessing more people? Who has brought more people out of poverty? And more quickly? KAPA has not and is not yet failing. Instead of killing KAPA and rendering it unable to deliver its blessings to its millions of members, why not help it become a continued blessing to more people in this land?,” Cana said who quoted many biblical verses in his opinion posted in Facebook too that supports KAPA./AAJ