IN SEARCH FOR JUSTICE. Gov. Arthur Yap is seen in these photos interacting and looking for ways to help the victims of the alleged “repa” scam. In photo 1, Gov. Yap (standing) listens to the narration of victims of the alleged “repa” scam (seated, back to the camera). He is joined by his Chief of Staff Giselle Quimpo (to the left of Yap). In photo 2, Gov. Yap (extreme right) joins the case build-up for the “repa” scam with Atty. Jeric Lim (extreme left) and Atty. Marie Jimenez (to the right of Yap). In photo 3, Gov. Yap (extreme right) talks to a “repa” victim (seated, across Yap) with Anne Uy of the Governor’s Office (standing, extreme left) and a staff member from the Provincial Legal Office (to the right of Yap). Contributed photo
On Sunday, October 10, 2021, Gov. Arthur Yap signed Executive Order (EO) No. 49 that created the Task Force Heart for Justice which is tasked to help the victims of the alleged “repa” scam.
This was a development made after the governor received several complaints regarding an apparent Ponzi Scheme investment called “repa” which victimized thousands of Boholanos all over the province duping them to part their hard-earned money with a promise of huge returns on their investments at unusually high interest rates over a very short period of time.
Individually, these transactions were made to appear as loan transactions covered by notarized promissory notes; the apparent grand scheme of things is that it was a systematic and aggressive enticement for people to invest their hard-earned money, which at first, like all other Ponzi schemes, will result to payouts to make it appear that the investment is legitimate with the newest invested funds being used to pay the maturing transactions.
With no viable and legitimate business to support the investment scheme and with those behind the scheme absconding with the bulk of the illegally solicited funds, like the other Ponzi schemes in the past, it will eventually collapse.
The Task Force formed by the governor is composed of the following: Philippine National Police (PNP)-Bohol Police Provincial Office (BPPO), Criminal Investigation and Detection Group (CIDG) Bohol; National Bureau of Investigation (NBI), PNP Aviation Group; Philippine Coast Guard (PCG); Provincial Legal Office (PLO); Provincial General Services Office (PGSO); Constituency Services; Provincial Security Force; and the chairperson of the Sangguniang Panlalawigan Committee on Peace and Order and Public Safety.
The Task Force Heart for Justice is given the task of case build up, filing of charges and providing measures to prevent absconding of the perpetrators.
On Monday, Oct. 11, 2021, the governor went on air through the Aktibo ug Responsableng Tagdumala radio program on dyTR, and was hooked up to other radio stations all over Bohol, to encourage the victims to come out and seek assistance as the Provincial Government has opened the Bohol Wisdom College Gymnasium as a Help Center for them.
Lawyers from the PLO entertained the victims, providing free legal assistance which includes the drafting of complaint affidavits and sworn statements and notarization.
Gov. Yap personally talked to the victims at the Bohol Wisdom Gym on Monday. According to Gov. Yap, he heard a lot of heartbreaking stories from the victims. Yet, he was amazed that most of the victims are millennials whose ages range from 20s to early 30s.
The governor also inquired how the alleged scam was orchestrated. He discovered that the scope of the scheme widened through the use of social media platforms wherein securities or slots were offered to social media users. The users acquired the slots or securities by replying the word “mine” to the resellers or the admins.
The victims would then pay for their new acquisitions through the resellers with the promise of huge returns from their investments. The promise entails the return of the invested funds after several days with interest of at least 30%.
SEC: REPA IS NOT LEGITIMATE
The Provincial Government of Bohol (PGBh) has been in constant coordination with the Securities and Exchange Commission (SEC) as part of the case build up, assistance and continuing education against the alleged Ponzi scheme as mandated under EO 49.
On October 12, 2021, the SEC released an advisory regarding the repa scam. The SEC disclosed, ”For the information and guidance of the public, REPA/REPA PALUWAGAN does not appear as a registered corporation or partnership. Further, it is NOT AUTHORIZED to solicit investments/placements from the public or to issue investment contracts and other forms of securities since it has not secured prior registration and/or license from the Commission as prescribed under Sections 8 and 12 of the Securities Regulation Code [SRC].”
In the same advisory, the SEC warned unscrupulous individuals and/or entities that “strict penalties are imposed for violations of the Securities Regulation Code, the Revised Corporation Code and such other rules and regulation enforced by the Commission.”
According to the advisory released by SEC, “Those who act as salesmen, brokers, dealers or agents of such unauthorized entities like the operators, admins and sellers of the Facebook Page or other similar social media of REPA/REPA PALUWAGAN in selling or convincing people to invest in their investment scheme offered including solicitations and recruitment through the internet may likewise be criminally prosecuted and penalized with a maximum fine of Five Million Pesos or a penalty of Twenty-one years of imprisonment or both pursuant to Sections 28 and 73 of the SRC.”
REPA SCAM DECLARED CLAIMS REACH P486 MILLION
As of Oct. 14, 2021, there were 1,498 individuals who sought assistance at the Bohol Wisdom Gym.
The lawyers from the PLO were able to draft 379 affidavits and sworn statements. These documents were duly notarized for free.
Based on the initial investigation, the Help Center was able to identify 149 alleged administrators of the scam.
The 379 affidavits and sworn statements had a total of P486 million of declared claims.
The PLO will still continue to assist the victims in the documentation even after the initial deadline which was set on Friday, Oct. 15, 2021.
However, for those victims who are from far-flung areas, they are advised to seek assistance at the nearest police stations so they can also file their sworn statements from there.
INITIAL COMPLAINTS FILED AGAINST REPA ADMINISTRATOR
According to Atty. Julius Gregory Delgado, one of the lawyers assigned by the PLO to help the victims, two initial complaints were filed against Mary Grace Bustillos, an alleged administrator of the repa scam in violation of estafa as defined and penalized under Art 315 (2) (a) of the Revised Penal Code and violation of SRC Sec. 28 in relation to Sec. 8 and 73 for R.A. 8799.
Bustillos is a resident of Poblacion, Dauis and has not responded to the message of the complainant when the repa scheme collapsed.
The first complaint was submitted late afternoon on Wednesday, October 13, 2021, at the City Prosecutor’s Office. The victim turned complainant was assisted by Atty. Julius Delgado.
The first complaint declared P 27.8 million in total claims.
A second complaint was filed on Thursday afternoon, Oct. 14, 2021, at the City Prosecutor’s Office against the same alleged administrator.
The second complaint declared P 3 million in total claims.
According to Delgado, he merely assisted the victims in filing their complaint before the City Prosecutor’s Office. He did not sign as counsel.
A criminal complaint needs no lawyer because the fiscal will be the default counsel of the complainant.
Atty. Nilo Ahat, the Provincial Legal Officer and Acting Provincial Administrator said, “The complainant chose to file separately from the many so we assisted her.”
More cases are set to be filed in the coming days and will also be assisted by the CIDG and PLO.
Ahat asserts, “For those victims whose claims are below 300thousand pesos, they can file their documents at the small claims court. These are ready and downloadable forms available at the Supreme Court website which they can fill out and submit to the clerk of court. In this case, they do not need a lawyer to assist for the small claims court prohibits the use of counsel.”
COMBATING FAKE NEWS
Fake news has not spared the recent events involving the victims of the alleged repa scam. With the mental anguish that the victims have been suffering, the peddlers of misinformation saw an opportunity to spread their fake news.
According to a report from the Provincial Information and Media Relations Office (PRIMER), these full-swing attacks were led by the known detractors of Yap, who are also supporters of Cong. Erico Aristotle Aumentado, the contender of Gov. Yap for the gubernatorial race next year.
The same PRIMER report says that first, the peddlers of fake news accused the lawyers to be charging fees despite the pronouncement of the governor that the legal assistance was for free.
The PRIMER report continues by saying that Ahat of the PLO responded and said, “Libre ang pagpahimo ug mga complaint affidavits ug sworn statements lakip na ang pagnotaryo niini pinaagi sa atong mga abogado sa Provincial Legal Office. Ang pagfile sa mga sumbong ngadto sa husgado o korte ang adunay bayad o filing fee nga pinasubay sa balaod. Para sa kadtong mga biktima nga andam na nga mopasaka sa ilang sumbong apan nagproblema sa pagbayad sa filing fee, aron makahangyo kita sa korte aron dili usa mo pabayron sa filing fee, palihug sap ag andam niining mga mosunod nga dokumento: Certificate of Indigency gikan sa inyong Barangay ug Certificate of No Property Ownership o Value of Property Owned kung pananglitan aduna kamoy property. Makuha ninyo kini sa inyong lokal nga Assessor’s Office.”
The said PRIMER report also bares that the governor was accused of allegedly cuddling some of those who are called admins, giving the latter some form of protection.
Kevin Damalerio, an executive assistant of the governor posted in his social media account indirect answers to the allegation. He wrote, “Lisod ning panahon karon, kung kinsa tong nitabang mao na hinuon ang pakasad-on. Isyuhan pa nga maoy nagtago sa ilang gipangita. Kuyaw no?”
Last Thursday, it was reported that while the governor was on his official visit to the towns of Alicia and Mabini, another fake news item again circulated in the group chats of the victims. The alleged fake info said that the governor was accused of trying to stop a certain “Madam Inting” from appearing before the Raffy Tulfo TV show. How? The alleged fake news claimed that the governor called “Madam Inting” to proceed to the “Mansion”.
In a text message forwarded to The Bohol Tribune, Damalerio said, “Clearly, this is a political demolition job done by the other camp. The governor does not know a certain ‘Madam Inting’ and has no way of contacting her for he does not have any contact with her. Second, as to the ‘Mansion’, we all know that the governor does not own any mansion. He resides in Loboc and the people are free to go and see whether his residence can be considered a mansion. This is a recycled issue; mao sad ni ilang gi-issue ni Relampagos sauna sa Gobernador pa si Rene Relampagos. Gasgas na ang CD, bumenta na yan. If we talk about the mansion, why don’t we consider Aris Aumentado’s Mansion at Dauis?”
PGBh’S MENTAL HEALTH AND PSYCHOLOGICAL INTERVENTION
Last Wednesday, Giselle Quimpo, the chief of staff of Yap posted on her Facebook account an incident involving one of the victims of the alleged repa scam. She wrote, “Since Monday, Gov. Art Yap instructed me to monitor and oversee the free legal assistance for repa scam victims at the Bohol Wisdom School Gym. For 3 days now, I have personally heard countless stories from repa resellers and buyers and I have seen how they are crushed emotionally and psychologically. But what struck me the most was my conversation tonight with a mother who just suffered a miscarriage and lost her 5-week old fetus due to emotional, mental and physical stress brought about by this scam. She also told me that she has to put up a brave front when she is at home so that her kids and her mother will not worry. Sa gawas na lang sya mohilak… But this morning, her 13 year old daughter asked her ‘Kamusta ka Ma’? Then her daughter sent her pictures of her together with her brother to cheer her up… She said to me while crying ‘Ma’am, murag kahibaw gyud ang akong anak sa akong gibati.’ I was totally crushed; the past three days have been emotionally draining.”
The victim may only be one person who told that story to Quimpo; but one thing is sure, they all share the same sentiment especially those who are called resellers.
Thus, according to reports reachin The Bohol Tribune, the Provincial Government has embarked on another program to help the victims. This time not only with the aspect of legal assistance but also on the psycho-social needs intervention.
It was quite apparent that most of the victims are young. They need to process whatever feeling they have right now, the same report says.
In this connection, it was learned that the governor is worried especially that most of those he was able to talk to, wept, had a guilty feeling and some are even suicidal.
So, Yap tasked the Laum Bohol program to do stress debriefing sessions with the victims.
Last Friday, Oct. 15, 2021, during the 8th commemoration of the 7.2 magnitude earthquake that hit Bohol and the 1st anniversary of Laum Bohol program, the mental health experts and professionals were able to reach out to the victims through online sessions via Zoom teleconferencing.
Alongside the “Kumustahay Session”, the Laum Bohol has also launched a series of webinars on financial literacy.
GOV. YAP: PRAY FOR THE VICTIMS
In his speech during the commemoration of the 8th year of the Bohol earthquake and the 1st anniversary of Laum Bohol, Yap enjoined everyone to pray for the victims of natural calamities like the earthquake in 2013, the ongoing pandemic and the man-made calamity brought about by the alleged repa scam.
Yap said, “Nakita usab nato nga angayan gyud palapdan ug ipadayon ang programa sa Laum Bohol ilabi ni niining panahon sa repa financial scandal dinhi sa Bohol. Sulod sa upat ka adlaw nga pakighinabi nato sa mga biktima nga molapas sa usa ka libo, atong nabantayan nga kasagaran nila mga millennials nga anaa sa pangidaron nga 20 hangtod early 30’s. Kasagaran nila gamay ra o kaha walay igong kasayuran kabahin sa financial literacy ug nadala lang sa mga awhag sa pag-apil gikan sa ilang mga higala pinaagi sa social media. Makita nato sa ilang mga mata ang ilang mga kahingawa, kaguol, ug kasub-anan, dinuyugan sa ilang kagustuhan nga makakwarta aron sa pagsustenar sa ilang panginahanglan. Kagabie, ang total declared claims nikabat na sa 486 Million.”
The governor called on Boholanos to reflect and learn. He added, “Akong awhagon ang tanang mga Bol-anon karon nga atong pamalandongan kining tulo ka panghitabo: ang Linog, ang pandemya ug ang REPA Case. Ang naunang duha ka panghitabo, mga natural calamities. Ang ikatulo, sakit man palandungon, apan hinimo ra kini sa tawo o man-made calamity, nag-ugat lang kini sa kahakog ug sa pagkadesperado.”
He pleaded, “Karong panahona labaw sa tanan, ako kamong awhagon nga mag-ampo kita. Atong i-ampo ang usag-usa nga unta ang mga pressure ug mga hagit sa kinabuhi dili makaguba sa atong pagkatawo, apan ato untang makita ang panaghiusa ug panagdait sa matag pamilya.”
He quipped, “Walay lain nga makasalbar nato kun dili ang Ginoo lamang ug ang atong mga sakripisyo alang sa atong isig ka tawo. Hangyoon ko kamong tanan, atong i-ampo ang mga biktima niining mga kalamidad ug akong hangyoon ang tanan nga buhaton nato ang atong parte sa pagtabang sa uban ilabi sa kadtong mga nanginahanglan niining malisod nga panahon.”