Professional Documents
Culture Documents
Introduction
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Securities and Exchange Commission under SEC registration
No. CN 201707724 on March 03, 2017 with office address
located at Garay Arcade, Barreda Street, Caramcam District,
Bislig City, Surigao del Sur and is represented by its
Minister/Pastor Joel A. Apolinario. To be a member of Kapa,
the investors should fill out a contract form signifying
certain agreements. Included in the agreements is to donate
at least P10,000 up to at most P2 million. According to the
Civil Code of the Philippines, a donation is a voluntary
transfer of possession without any consideration and is
considered a gift. However, Kapa’s aim is to give back
wealth to the community by returning their donations on a
30% monthly basis referred to as Love Gifts in which
therefore, violates the definition of donation. Instead,
its investment scheme is within the definition of
“securities” under Section 3.1 of the Securities Regulation
Code which are “shares, participation or interest in a
corporation or in a commercial enterprise or profit-making
venture and evidenced by a certificate, contract,
instrument, whether written or electronic in character.
Another agreement is that member must believe that Pastor
Jose A. Apolinario is the “MODERN MOSES” of the new
generation. Thus, the religion and morality of the person
signing the agreement is affected upon the acceptance of
the said belief. Further, the donated amount shall be used
for the ministry to achieve its mission and vision for the
propagation of religious faith, establishment of livelihood
programs for the benefit of its members. The donee does
accept this donation and does express his gratitude for the
kindness and liberality of the donor. More blessings will
be given to the donor as love gifts based on the amount
donated.
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The Certificate of Incorporation granted to KAPA
expressly states that it is not authorized to undertake
business requiring secondary license from the SEC such as
soliciting investments in the form of securities. Also, its
investment-taking activity constituted a Ponzi scheme, an
investment program that offers impossibly high returns and
pays investors out of the capital contributed by later
investors. Because of this, the SEC issued advisories
against KAPA as early as March 2017, subsequently a cease
and desist order in February 2019 and ultimately an order
of revocation of its certificate of incorporation in April
2019. This affected millions of people whom have invested
more than what they can afford to lose. One group of people
affected by this fictitious investment are the grade school
teachers from one of the biggest public schools in Butuan
City.
This study is primarily focused on the effects of KAPA
Ministry, Inc. in terms of the livelihood, income,
emotional and other aspects of elementary teachers who
engaged in the investment scheme of the organization.
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Investment
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thus needs to carefully analyze each of its characteristics
and build a basket of assets that suits his risk profile
and complies with his objectives and goals. Hence,
investment decision making is a fascinating task to the
investor (A study on investment pattern amongst
academicians in Bangalore, n.d.).
KAPA
Donation
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religious leaders and lay followers, etc., the way other
religious have. To be a member of KAPA, one has to invest
at least P10,000 and sign a contract. Included in the
contract is that members should believe that baptism of the
Holy Spirit is attainable through the aid of money and that
Pastor Joel A. Apolinario is the “Modern Moses” of the new
generation. By signing the agreement, he eventually
confirms his beliefs and engaging himself as a multi-
religious. Multiple religious belonging refers to the idea
that individuals can belong to more than one religious
tradition (Cornille, 2002).
According to Stephen Gaukroger, "It was generally
assumed in the 17th century that religion provided the
unique basis for morality, and that without religion, there
could be no morality.” Morality came from the Latin
word moralis which means manner, character or proper
behavior. It is defined as the differentiation
of intentions, decisions and actions between those that are
distinguished as proper and those that are improper
(Sedley, 1987). Imparting knowledge or facilitating
learning is not the teachers’ only responsibility, they are
also responsible on assisting in developing the desirable
characteristics or moral values of students (Kuehn, 2018).
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require their interested investors to pay their initial
investments by depositing their money to a specific bank
account, Coins.Ph account, GCash, through a money
remittance company and through face-to-payment with one of
the entity’s agents; 4) The investor shall then send
through a private message a copy of the proof of the
deposit to the offeror who shall send his confirmation
after validation; 5) They usually deliver payouts through
the above-mentioned methods; and 6) They usually claim that
they invest their funds in forex, bitcoin and other crypto
currencies to justify their earning capacity.
This investment scheme ordinarily collapses as fast as they
are created while leaving its investors behind and unable
to recoup their investments. The public is hereby informed
that such investment schemes, whether with the use of money
or crypto currencies, are considered as securities subject
to the regulatory authority of this Commission. The
recruitment of investor members under the guise of
sponsoring a person into the system is likewise considered
a form of investment solicitation or a sale of securities.
The offering or sale of securities to the public without a
permit or license from the Commission is a violation of
Section 8.1 of the Securities Regulation Code. Thus, any
person who, directly or indirectly, in connection with the
purchase or sale of any securities, (1) employ any device,
scheme, or artifice to defraud, (2) obtain money or
property by means of any untrue statement made, in light of
the circumstances under which they were made, not
misleading; or (3) engage in any act, transaction, practice
or course of business which operates or would operate as a
fraud or deceit upon any person shall likewise be
prosecuted and held criminally liable under Section 26 of
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the Securities Regulation Code and penalized accordingly
pursuant to Section 73 of the SRC.
Investing always involves some degree of risk.
Investors can minimize the risk of investing unwisely by
asking questions and getting the facts about any
investment. There are things to be done to avoid investment
scam, (1) It sound so good to be true, (2) The promise of
guaranteed returns and (3) Pressure to buy right now.
Investors who learn of investing opportunities should
always be on the lookout for fraud. According to Warren
Buffet, "Risk comes from not knowing what you are doing".
When investing, understanding and getting information must
be done to avoid investment fraud risk.
Conceptual Framework
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Figure 1.
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Statement of the Objectives
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This study is delimited to selected teachers in a
particular elementary school in Butuan City. The
researchers observe confidentiality upon the name of the
school to protect the educational institution as well as
the participants from potential harms including
psychological harm. The study will also involve
dissemination of questionnaires to the selected teachers
for the gathering of information.
Definition of Terms
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Chapter 2
METHODOLOGY
Research Design
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invest in KAPA and thus are used as the respondents of this
study.
Ethical Consideration
Research Instrument
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Data Gathering Procedure
Data Analysis
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effects to the elementary teachers of the non-compliance of
KAPA with SEC; a qualitative research wherein this method
of analysis applies. It basically allows the researchers to
code the responses of the participants and compare them to
identify their similarities and differences in order to
interpret the gathered data and to generate conclusions
with regards to the objectives of this study.
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CHAPTER 3
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Motion (AIM) Global, trading, and other networking
organizations’ seminars.
With regards to the respondents understanding on
investment in general, all of them conveyed almost similar
ideas that it involves money where one expects something in
return in some future time. Those who have undergone
seminars stated the following: “Allocate money in
expectation of a higher benefit or return from the amount
intended”; “It is a monetary asset purchased with the idea
that the asset will provide income in the future”; “Earning
money”; “Investment in general is like mutual fund that is
professionally managed and pools funds and money from many
investors for the purpose of investing for securities”;
“Look forward for future life”; “savings then you have
earned it thru return of investment”; “Investment means
action or process of investing money for profit or material
suit”.
Those who have not undergone seminars indicated the
following: “putting money, it allows your money to grow”;
“The capital outlay of money usually income or profit”;
“Investment is something we make/do/allocate a huge amount
of money in order to get even more bigger amount of money
as time passes by”; “Entrusting your money to a company. It
might gain or loss profit at the end”; “investment”;
“investment is expecting something in return. It is an
asset intended to produce an income”.
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include: “The objectives/goals about it was actually good
and a lot of people specially those who are poor would be
encourage to invest for the bigger return.”; “It is an
investment aside from helping needy people”; “Investing
money for the daily sustainable”. However, two respondents
have both positive and negative thought about it. They
claimed, “Kapa, an investment scheme, is actually or
somehow good but upon learning from it, it just plays and
roll our money. Therefore, if no one pays-in no one pays
out.” and “Big granted among us, even donations but lies
behind back”. The latter statement quoted implies that KAPA
grants a higher return even if it is in the form of
donations, but it involves lies or false representation. In
addition, one has said a mere general conception that KAPA
is part of an investment.
Whereas the thirteen (13) respondents who have never
undergone seminars indicated that KAPA is a scam or an
investment scheme. Two of these respective elementary
teachers-respondents broadly stated, “KAPA is one of the
widely known investments which brought pros and cons to the
investment”, “Well, I think of it as a
pyramiding/networking. Whoever becomes the first member can
benefit the investment of everyone under their level”.
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With regards to the elementary teachers who invested,
sixteen (16) out of thirty (30) respondents have shared how
it negatively affects their finances, for instance, one of
them stated, “More loans. Financial instability”. Other
responses include: “Additional income was totally dropped”;
“No more extra money”; “Loss of interest income to be
earned monthly”; “They suffer financial crisis. They cannot
pay the money they borrowed with compounded interest. How
to pay? They lost big amount of money.”; “it results losing
the money we invested”.; “(1) Great downfall (2) the
economy was also affected (3) People were out of budget.”
On the other hand, fourteen (14) of the thirty (30)
respondents said, “Since I have withdrawn my investment a
long time ago, its closure never really affects me”. The
remaining respondents however are not affected with the
closure since they have earned back the amount they
invested in KAPA.
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longer trust their money to anyone and lose it in return.
However, four (4) of the respondents is still optimistic in
investing since it is a good way for obtaining greater
returns on their spare funds than being kept on a bank
account or piggy bank. Also, there is one (1) respondent
who answered to might invest in legitimate investment
houses if it has secured benefits using extra savings only.
Moreover, in investing to KAPA-like schemes, it was
presented that twenty-three (23) respondents strongly
expressed that they will never engage again on illegitimate
investment schemes. From those sixteen (16) who were
greatly affected by the closure of KAPA, eleven (11) of
them belonged with the said twenty-three (23) respondents.
On the contrary, the other five (5) are still willing to
invest because they wanted to recoup their lost hard-earned
money from KAPA. Specifically, two (2) of the said five (5)
respondents said to might invest in this type of
investments depending on the offered deals and returns.
On the other hand, the remaining fourteen (14)
respondents who were not drastically affected by the
closure were no longer willing to invest in similar
investment schemes in the future.
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the declaration of closing the KAPA to fully assess the
impact of the KAPA investment scheme. Fourteen (14) out of
thirty (30) respondents provided a positive response, for
instance one of them answered, “I am in favor”. As for my
point of view, the government required the KAPA to be legit
and need their shares in terms of taxes percentage to be
earned to help fund public works and services. A couple of
respondents shared the same thought that it is a good
decision to close the KAPA because they are teaching the
people not to work and making them lazy and arrogant. For
them, KAPA has brought some negative effects to its
investors thus closing it would be a good remedy. From
those fourteen (14) who have a positive response to the
government, seven (7) of them were greatly affected by the
closure of KAPA.
On the other hand, sixteen (16) respondents gave some
negative opinions. One of the respondents said that it has
“no justice and due process”. Another respondent answered
that the government should have first inquired the people
who invested in the scheme whether the investment is bad or
of help to them before deciding to close the organization.
Some respondents were saddened on the action of the
government in closing the said organization. However, there
are also a few respondents who are neutral with regards to
the matter since they did not provide any opinions.
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CHAPTER 4
CONCLUSION
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signed as an agreement where they are bound to adapt the
beliefs of the said religious organization.
Consequently, it can be concluded that elementary
teacher-respondents which have not undergone seminars who
have said that KAPA is a scam, still considered to invest
on it. As defined, morality means manner, character or
proper behavior. It is the differentiation of intentions,
decisions and actions between those that are distinguished
as proper and those that are improper (Sedley, 1987). Thus,
in connection to the teachers’ engagement in KAPA implies
that they have disregarded morality because they
prioritized the benefits that they can get out of it
particularly to support their physiological needs.
Furthermore, seminars on legit investments do not
imply that one has already enough proper understanding
about legitimate investments.
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Hence, those teachers whose finances are not affected
have already received their money including the interest in
contrast to those finances that were severely affected.
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researcher concluded that the reason why the respondents
thinks it is the best thing to do is because KAPA is
scammed investment scheme which leads them to financial
instability. This impact enlightened many people
particularly the respondents to be more careful and
responsible in putting their money in a certain
organization, wherein because of the return they offer has
misbelieved by the public as an investment entity, which
was definitely not.
Additionally, the respondents who have provided
negative responses to the government’s action against KAPA
which are those who suffered great loss financially have
become more concerned on their personal interest including
their physiological needs rather than on the effect of KAPA
on the economy in general. It thus signifies that at times
where humans’ physiological needs are the issues, state
laws or government laws will never be their primary concern
to satisfy such.
RECOMMENDATIONS
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Take into consideration the effects of financial risks
associated in investing to different types of
investment schemes on their family’s future.
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