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Saturday, November 30, 2024

Neri Naig-Miranda: Legal Troubles, Christmas in Jail, and the SEC Case


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"Neri is facing 14 counts of violation of Securities Regulation Code (Section 28 of Republic Act 8799), in addition to estafa, for allegedly endorsing Dermacare's call for investors even if the company is unauthorized to solicit public investments because the company is not registered and operating without a license"


Former actress Neri Naig-Miranda, wife of Parokya ni Edgar frontman Chito Miranda, faces a grim holiday season as her legal troubles deepen. Currently detained in the Pasay City Jail female dormitory, Neri's scheduled arraignment for multiple alleged violations of the Securities Regulation Code has been moved to January 9, 2025, delaying her opportunity to present her defense.


The Case at Hand

The controversy centers on Beyond Skin Care Solutions, a company associated with Neri through her endorsement efforts. According to the Securities and Exchange Commission (SEC), the company allegedly solicited investments from the public without proper registration—a violation of Section 28 of Republic Act 8799. Investors were reportedly promised lucrative returns of 12.6% interest per quarter for five years, alongside free services from the clinic chain. These activities were flagged by the SEC in a September 2023 advisory as unauthorized and potentially fraudulent.

Neri faces 14 counts of securities violations, with bail set at ₱126,000 per count—amounting to over ₱1.7 million. She is also accused of syndicated estafa, a non-bailable offense, which involves fraudulent schemes perpetrated by a group of five or more individuals.


A Motion to Dismiss

Neri’s legal team filed a motion to quash or dismiss the complaints, citing her lack of direct involvement in the company's operations and unauthorized use of her name in connection with illegal activities. The Pasay RTC has sought comments from the SEC and the prosecution before moving forward with the arraignment.


SEC Clarification

In interviews, SEC Director Filbert Catalino Flores III stated that Neri's role as an endorser contributed to promoting the company’s offerings, making her complicit in its unregistered investment schemes. However, Neri, in a September 2023 Facebook post, clarified that she had severed ties with Beyond Skin Care and disavowed any unauthorized use of her name.

“Any transactions or engagements made under my name by Dermacare are unauthorized and have been conducted without my consent,” Neri stated, urging the public to inform her of any misrepresentation.


Arrest and Detainment

Neri was arrested on November 23, 2024, at the SMX Convention Center in Pasay City, during her participation in the 15th PHILSME Business Expo. The Philippine National Police’s (PNP) Southern Police District confirmed the arrest, citing a warrant issued by the Pasay RTC. Chito Miranda criticized the process, alleging that Neri had not received prior notice of the complaints or an opportunity to defend herself.


Chito Miranda's Defense

Chito has taken to social media to defend his wife, asserting her innocence and implicating a certain “Chanda Atienza,” identified as the COO of Dermacare, as the primary culprit. In his posts, Chito emphasized that Neri neither solicited funds nor benefitted from the alleged schemes. He also expressed gratitude to former Senator Francis “Kiko” Pangilinan, his uncle, for providing legal assistance.

Pangilinan echoed Chito’s sentiments, arguing that endorsers like Neri should not be held accountable for the illegal operations of companies they promote unless they are directly involved in ownership or management.


A Victim or a Culprit?

The case highlights a broader issue of accountability in the age of influencer marketing. While endorsers can lend credibility to brands, they may also unknowingly be complicit in deceptive schemes. The SEC's advisory warns that endorsers, brokers, agents, and promoters of such schemes may face legal repercussions, regardless of intent.


What Lies Ahead

As Neri remains in custody, the legal battle is set to continue in January. Meanwhile, public opinion is divided—some empathize with her plight as a possible victim of fraud, while others call for stricter accountability for endorsers. For now, the former actress is poised to spend Christmas away from her family, awaiting the court's next move in her case.

The unfolding events not only impact Neri’s personal life but also serve as a cautionary tale for influencers and endorsers, underscoring the need for due diligence and transparency when associating with businesses.

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