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Here's what we know so far about Neri Miranda's arrest for alleged estafa, securities regulation code violation

Published Nov 28, 2024 6:01 pm

Actress and businesswoman Neri Miranda has been arrested for alleged estafa and violation of the securities regulation code.

Before her husband Chito Miranda, the frontman of the OPM band Parokya ni Edgar, confirmed the news through an Instagram post of support on the evening of Nov. 27, social media feeds had already been abuzz with rumors of her arrest.

It started when showbiz insider Ogie Diaz reported Neri's arrest based on a source's tip on the Nov. 24 episode of his YouTube channel, where he noted that they were shocked to learn the news that she was allegedly a "top most wanted person."

“'Di pa malinaw kung anong eksakto ang dahilan at kung sino ang mga nagrereklamo. Kung totoo man ito ay mas magandang mapakinggan din ang panig ni Neri," he said.

Citing his source, Diaz shared that Neri appeared to have an issue with a business partner, which led to a falling out and the filing of cases.

"Sana ay mapakinggan natin ang bersiyon ni Neri at ng mga nagreklamo sa kaniya," he continued.

Here's what we know so far about the circumstances surrounding her arrest.

Police posts about the arrest of 'Erin', confirms arrest of 'Nerizza Miranda' to media

The Southern Police District (SPD) wrote a Facebook post on the evening of Nov. 26 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.

The edit history of the Southern Police District's Facebook post, which shows that the arrested 41-year-old actress and businesswoman was identified as "Neri" first before "Erin."

Police said she was facing 14 counts of violation of Section 28 of Republic Act No. 8799 or the SRC as of Sept. 18. The section 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."

According to the SPD, she's facing an estafa case in relation to Presidential Decree No. 1689, which increases the penalty for estafa "committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme."

A commitment order has been issued by the court.

Per a report by ABS-CBN News, authorities confirmed that a certain "Nerizza Miranda" was transferred to Pasay City Jail 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.)

Facility warden J/Supt. Jundelina Jagunap said she was accompanied by the police during her transfer.

Neri was scheduled to speak at a business event on the day of her arrest

The Philippine SME Business Expo, in a Nov. 15 post, announced that Neri was one of the speakers of its "Business Expo, Conference & Networking" event for small and medium-sized enterprises, start-ups, and entrepreneurs.

Based on the poster, the event was held from Nov. 22 to 23 at the SMX Convention Center Manila.

Neri was scheduled to speak on Nov. 23—the day of her arrest—with her talk titled, "The Wais Way: Neri Miranda's Blueprint for SME Success."

Two complainants are from Cavite and Batangas

SPD Public Information Office Chief Hazel Asilo said that according to the warrant of arrest for Neri's syndicated estafa case, she was tapped as an endorser of a company asking interested parties for investments.

"Na-engganyo 'yung mga complainants na mag-invest dahil nandoon siya as endorser," she said, adding that the arrest warrant of Neri, plus six others, was issued on Nov. 16 by Pasay Regional Trial Court Branch 111. Pasay Operatives got a copy on Nov. 22.

The Philippine National Police said two complainants are from Cavite and Batangas. They invested a total of P1.5 million.

Asilo told ABS-CBN News that Neri didn't mention anything about the investment during the initial round of questioning.

"Wala naman siyang nabanggit regarding doon, kasi as endorser nga lang naman siya doon," she said. "Ayon na rin sa nakalagay doon sa information natin, is, hindi niya rin siguro alam kung ano 'yung talagang takbo ng company na iyon, kasi nga endorser siya."

Asilo added that Neri may not be aware of how the company she had an endorsement for operates.

Neri's business venture with Dermacare

Neri became the endorser and franchisee of skin management platform Dermacare in October 2020.

The Instagram account of a Dermacare branch in Ayala Malls Serin in Tagaytay has been posting advertisements about being a franchise partner for P250,000, with Neri's face on the posters starting January 2021.

In July 2021, Neri announced on Facebook that she was going to open two businesses, including Dermacare Tagaytay.

Neri Miranda posts about her new businesses in July 2021, including Dermacare.

But two years later on Sept. 1, Neri announced in a Facebook post that she's "no longer affiliated or associated with Dermacare."

Neri Miranda announces that she's no longer affiliated or associated with Dermacare on Sept. 1, 2023.

As seen by PhilSTAR L!fe on social media platforms like Facebook and X, several investors started taking to social media to lament Dermacare's alleged non-payment and bouncing checks starting Sept. 2, 2023. This prompted the SEC to issue an advisory less than a week later, stating that Dermacare is "not authorized to solicit investments from the public, not having secured prior registration and/or license" in accordance with the SRC.

Neri's cutting of ties with Dermacare still didn't stop the 14 counts of violation of the SRC's Section 28.

The SRC states that penalties include a fine of P50,000 to P5 million, and imprisonment of 7 to 21 years.

Chito Miranda defends wife and posts Dermacare COO's supposed letter to her

Chito wrote an Instagram post for Neri on Nov. 27, sharing photos of her helping others.

The singer asserted 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 Neri is an endorser whose face was used to attract investors, but victims sued her.

"Tapos last week, bigla na lang syang inaresto for the same case kahit hindi pa sya binigyan ng notice na may bagong criminal complaint pala laban sa kanya," he said, "and di nya na-defend yung sarili nya."

He noted that Neri didn't receive a letter from the prosecutor, and that there was no subpoena or any notice.

Chito Miranda shares a purported letter to his wife from Dermacare COO Chanda Atienza.

"Yung mga dati, nareceive namin nya, at nag-comply sya," he said, adding that their family is easy to locate in Alfonso in Cavite.

"Anyway, dinampot na lang sya bigla," he added.

Chito said Neri's other cases have been dismissed, and he's hopeful that it will also happen to what she's facing now.

"Wala siyang kinuhang pera sa ibang tao, lahat ng pera nila na kay Chanda, ang may ari ng Dermacare," he said, referring to Chanda Atienza, the company's chief operating officer. He also attached a purported letter from Atienza to Neri in his post.

Neri posts bail for securities regulations code violations, but not for syndicated estafa

Police told GMA's 24 Oras that Neri has posted bail for her securities regulations code violations. With 14 counts set at P126,000 each, her bail amounted to P1.764 million.

Neri, however, remains behind bars because of her syndicated estafa case. 

The Revised Penal Code's Article 315, paragraph 2(a), states that estafa is committed by using a fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits; by altering the quality, fineness or weight of anything pertaining to his art or business; by pretending to have bribed any government employee; by post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check; and by obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof.

Syndicated estafa has become non-bailable since then-president Ferdinand Marcos, during the height of martial law, issued PD 1689, which imposed life imprisonment (and death penalty then, but was abolished under the 1987 Constitution) on it.

But in a chat with PhilSTAR L!fe, Atty. Hyacinth Merioles clarified that in the context of Neri's case, bail can be posted or granted depending on the stage of the proceeding. It can be posted upon arrest before the filing of information in court or even after conviction during the serving of the sentence—pending appeal.

"A non-bailable offense/crime [like syndicated estafa] can still be granted bail if the evidence of guilt is not strong," Merioles explained. "Neri can post bail notwithstanding syndicated estafa being a non-bailable offense. But the judge will determine if they can be granted or denied depending if the evidence of guilt is strong or not."