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

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.

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

SEC Director Filbert Catalino Flores III told ABS-CBN's TeleRadyo Serbisyo that Neri'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, 

“Siya ay naghikayat ng mga investments dun sa Beyond Skin Care. ‘Yun ‘yung kumpanyang iniimbestigahan,” SEC Director Filbert Catalino Flores III said.

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

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.

SPD Public Information Office Chief Hazel 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.

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

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.

"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."

Motion to quash

GMA News reported that Miranda 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.