Here's why Neri Miranda is detained, facing cases of syndicated estafa, securities regulation code violation
Detained actress and businesswoman Neri Miranda's alleged estafa and violation of the Securities Regulation Code (SRC) stemmed from her endorsement urging dozens of individuals to invest hundreds of thousands of pesos in a skincare company, a Securities and Exchange Commission (SEC) official said.
“Siya ay naghikayat ng mga investments dun sa Beyond Skin Care. ‘Yun ‘yung kumpanyang iniimbestigahan,” SEC Director Filbert Catalino Flores III told ABS-CBN's TeleRadyo Serbisyo.
Dermacare-Beyond Skin Care Solutions, of which Miranda was a former endorser and franchisee of its Ayala Malls Serin branch in Tagaytay, offered "franchise partner agreements" which promised investors guaranteed returns with a 12.6% interest every quarter for a period of five years plus other complimentary services, an SEC advisory earlier said.
Per the SEC, Dermacare isn't authorized to solicit investments from the public after failing to secure prior registration and/or license to sell securities or solicit investments, in accordance with Republic Act No. 8799 or the Securities Regulation Code.
Section 28 states that no person "shall engage in the business of buying or selling securities in the Philippines as a broker or dealer, or act as a salesman, or an associated person of any broker or dealer unless registered as such with the Commission."
The commission also warned Dermacare's salesmen, brokers, dealers or agents, promoters, recruiters, uplines, influencers, and endorsers who convince people to invest in the company. Section 11 states that no person "shall offer, sell or enter into commodity futures contracts." Each offense carries a fine of up to P5 million and/or imprisonment of up to 21 years.
The Serin branch of Dermacare shared ads with Miranda's face from January 2021 to 2023. It asked for franchise partners for P250,000. In July 2021, Neri on Facebook announced that she was going to open two businesses, including Dermacare Tagaytay. But two years later, on Sept. 1, Neri said she's "no longer affiliated or associated with Dermacare."
Syndicated estafa
Aside from an SRC case, Miranda is also facing syndicated estafa complaints.
In another ABS-CBN News report, Atty. Roberto Labe, who represents 39 clients who filed the cases against Miranda and others, said his clients were "enticed" into putting millions of pesos into Dermacare despite its lack of license to solicit investments.
According to Labe, his clients from Quezon City, Pasay City, Sta. Rosa City in Laguna, and Batangas City filed the cases against Miranda and six members of the board of directors of Dermacare-Beyond Skincare Solutions. Their investments reached P89 million, with one client investing in 2022.
“They started online, asking [the] public to invest," Labe told the media outlet. "Then, of course, this scheme, mayroon silang clinic, which is legitimate naman 'yung clinic. Nakikita naman physically and they entice people to invest, asking people from the public through several apps sa Facebook and telling people that they can earn as much as 15% every quarter and plus 50% off sa lahat ng services and products nung clinic na 'yun."
Labe pointed out that Miranda "enticed" the people to invest.
“As you can see sa mga post niya noon, she is enticing people to invest. Isa yun sa mga rason bakit napapatibay, tumibay 'yung loob ng mga investors dahil knowing for a fact that Ms. Neri is a person with integrity," he said. "Kita niyo naman po magaling po siya sa negosyo. I think there was one segment na ‘Wais na Misis,’ di ba?”
But Labe said his clients got bouncing checks following the SEC advisory in 2023.
"Hindi naka-ikot 'yung pera. Eventually, hindi na sila talaga makapag-reach out doon sa original na may-ari. Ito 'yung corporation owned by a certain 'Chanda.' Hindi na po mareach out," he explained, referring to Dermacare's chief operating officer Chanda Atienza.
Labe noted that at the start, Dermacare was able to issue checks without problems. There were even repeat investors because of it.
"Then eventually, 'di na nakapagbigay, tumatalbog 'yung checks. They sent demand letters," he said.
Labe said a bigger "endorser" is also facing the same lawsuit.
Motion to quash
GMA News reported that Miranda, who's detained at the Pasay City Jail's female dormitory, went to the Pasay Regional Trial Court Branch 111 on Nov. 28 for her arraignment. However, it was moved to Jan. 9, 2025.
A court staff said the arraignment was moved after Miranda's camp filed a motion to quash, which requests the court to invalidate a previous proceeding like a subpoena, arrest warrant, or legal complaint.
The court asked complainants and the SEC to submit comments regarding Miranda's motion to quash. Her camp declined to give a statement following the motion.
Neri's arrest
Reports about Miranda's arrest began with showbiz insider Ogie Diaz talking about it on the Nov. 24 episode of his YouTube channel.
On the evening of Nov. 26, the Southern Police District (SPD) wrote a Facebook post announcing that a manhunt operation, led by the Pasay City Police in coordination with the Warrant and Subpoena Section, resulted in the arrest of a 41-year-old actress and businesswoman.
They said the woman, who was initially identified as "Neri" at 7:33 p.m. but was changed to "Erin" at 8:06 p.m., was arrested at a basement convention center in Pasay City on Nov. 23 at 2:50 p.m.
According to them, she's listed as Rank No. 7, or the seventh most wanted person, for November 2024.
In an ABS-CBN News report, authorities confirmed that a certain "Nerizza Miranda" was transferred to Pasay City Jail's female dormitory at around 12:02 p.m. on the day of her arrest. (Neri was born Nerizza Garcia Naig, and tied the knot with Miranda in December 2014.)
Miranda's husband, Parokya ni Edgar frontman Chito Miranda, wrote an Instagram post for her on Nov. 27, asserting that his wife didn't swindle anybody and that she's so helpful to other people, even if it can be harmful to her and her kindness gets abused at times. Chito explained that she's an endorser whose face was used to attract investors, but victims sued her.
Police told GMA's 24 Oras that Miranda has posted bail for her securities regulations code violations. With 14 counts set at P126,000 each, her bail amounted to P1.764 million. Miranda, however, remains behind bars because of her syndicated estafa case.
