The case stems from the judge's issuance of a temporary restraining order and a writ of preliminary injunction in favor of Kapa Community Ministry International Inc. in 2019.
GENERAL SANTOS, Philippines – The Supreme Court Second Division suspended a regional trial court judge in General Santos City for ordering the Securities and Exchange Commission to stop implementing a cease and desist order against Kapa Community Ministry International Inc.
The OCA’s recommendation of four-month suspension was modified to two years, instead. This was because this was the third time the judge had been found administratively liable for gross ignorance of the law. The SC added: “This goes without saying that should the respondent be found administratively liable for the same offense in the future, then the Court might no longer temper the penalties that may be meted on him.”Kapa, which has lured millions of investors throughout the country, has generated earnings amounting P50 billion. Its founder Joel Apolinario, who introduced himself as a pastor, was arrested on July 21, 2020, in Lingig, Surigao del Sur.
The SEC said it is a co-equal body with the RTC, thus, it cannot interfere with or overturn its ruling, citing Section 179 of Republic Act No. 11232, otherwise known as the “Revised Corporation Code of the Philippines . Noel argued that the trial court has jurisdiction over the case since Kapa raised the constitutional issue of free exercise of religion.
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