CHIYUTO CREATIVE WEALTH DOCUMENTATION FACILITATION SERVICES/CHIYUTO CREATIVE WEALTH DOCUMENTATION FACILITATION SERVICES

Securities and Exchange Commission Republic of the Philippines Department of Finance

COMMISSION EN BANC

In the matter of:

CHIYUTO CREATIVE WEALTH DOCUMENTATION FACILITATION SERVICES / CHIYUTO CREATIVE WEALTH DOCUMENTATION FACILITATION SERVICES

SEC CDO Case No. 02-21-069

(EIPD), PROTECTION ENFORCEMENT AND INVESTOR DEPARTMENT Movant. THE DOCUMENTS ON RECORD CERTIFIED TRUE COFYOE SECOGC

X PAGF P

D Y

CEASE AND DESIST ORDER

Protection Department (EIPD) praying that a Cease and Desist Order be issued (Motion) filed on 01 February 2021 by"the Enforcement and Investor This resolves the Motion for Issuance of a Cease and Desist Order enjoining CHIYUTO CREATIVE WEALTH DOCUMENTATION CREATVE WEALTH FACILITATION DOCUMENTATION SERVICES/ : FACILITATION CHIYUTO

nominee, JUDY B. PAJARILLO, alternate nominee, FELOMINA L. enablers and influencers, such as MARICRIS CAN CHIYUTO, MARIA CHRISTINA CHIYUTO CANOBIDA, NANETH BARRUELA, persons claiming and acting for and in their behalf, (1) from engaging in activities of selling and/or offering for sale securities in the form of SERVICES OPC, its owner, principal, proprietor and sole stockholder- director-president, PATROCENIO C. CHIYUTO, JR., a.k.a. DON CHIYUTO/DOC DON/DON ZHANG LEE CHIYUTO/MR. SOLVE, ANDRADA, officers, representatives, salesmen, solicitors, agents, uplines, AURELIZA APA-AP, CAPIZ BUY AND SELL ANYTHING,KIAKA AVEL CHO,SANTIAGO CITY ONLINE MARKET, and any and all investment contracts, and (2) to remove or take down online posts and offerings until the required registration statements are duly filed with.

issued by the Securities and Exchange Commission (Commission) approved by, and corresponding permits to offer and/or sell securities are

In the Matter of Chiyuto Creative Wealth Documenta af10t

SEC CDO Case No. 02-21-069 - Cease and Desist Order Page 2 of 14

RELEVANT FACTS

On 18 February 2020, CHIYUTO CREATIVE WEALTH DOCUMENTATION FACILITATION SERVICES (Chiyuto) secured with the Department of Trade and Industry its Certificate of Business Name Registration No. 15931671 authorizing it to conduct business as a sole proprietorship. Its registered office is at Unit 204 No. 84, 2nd Floor, Chiyuto Bldg. ("Pink Building) Gloria Diaz St. BF Resort Village, Talon Dos, Las Pinas City.

On 23 November 2020,CREATIVE WEALTH DOCUMENTATION

provided in its Articles of Incorporations is as follows: with the Commission as a one-person corporation with Company Registration No. 2020110003783-00.2 Its principal office address is at 14 Tamarind St., New Alabang Village, City of Muntinlupa, NCR, 4th District, National Capital Region.3 FACILITATION SERVICES OPC (Creative Wealth OPC) was registered The primary purpose for which the corporation was established as

companies and/or individuals on the facilitation of documents "To engage in the business of providing assistance to

only contracting activity; and other liaison contract services, without engaging in labor

Provided that the corporation shall not solicit, accept or take

investment contracts. "4 (Emphasis supplied) investments/placements from the public neither shall it issue

and logo of BSP in relation to the offer/sale of its products. The BSP likewise requested that the EIPD investigates the investment solicitation activities of advisory that it issued against Chiyuto for the unauthorized use of the name Chiyuto. correspondence5 from the Bangko Sentral ng Pilipinas (BSP) relating to the The Motion alleged that on 13 August 2020, the EIPD received an email

inquiries sent via email regarding the investment-solicitation activities perpetrated by Chiyuto. These complaints alleged that Patrocenio C. Chiyuto. Jr. (also known as "Don Chiyuto"), the sole stockholder-director-president of The EIPD also received numerous complaints, reports, tips, and

offered investments that guarantees a 100% return in.either one(1) day. thirty Creative Wealth OPC, is enticing the public to invest in the corporation which

S 0G Annex "A" of the Motion 2 Annex "B" of the Motion 5 BSP email attached as Annex "C" 3 Tbid. 4 Ibid. PAGE THE DXUMENTS G CERTIFHED TRUE COPYOR T k :RECORD A

In the Matter of Chiyuto Creative Wealth Documentatio SEC CDO Case No. 02-21-069 - Cease and Desist Order Page 3 of 14

(30) days or forty-five (45) days depending on the promotion availed of. Chiyuto is also giving a 5% referral commission to those who can bring additional investors. It is also giving away brand new car and motorcycles through raffle.6

On the basis thereof, the EIPD conducted an investigation on the business activities of Chiyuto consistent with the Commission's mandate of ensuring compliance with the provisions of the Securities Regulation Code (SRC) and its Implementing Rules and Regulations (IRR)

the EIPD operative to invest in the investment scheme of Creative Wealth (Ms. Maricris) and expressed her interest in investing in Creative Wealth OPC. Ms. Maricris, who introduced herself as the niece of Don Chiyuto, then enticed OPC.7 During the period of 15 August to 19 August 2020, when the EIPD An operative of the EIPD communicated with Chiyuto Can Maricris

operative and Ms. Maricris were communicating online, the latter enticed the former to invest in Creative Wealth OPC by providing the following information8, to wit:

a Chiyuto will be having a new scheme from June 19 to 30, 2020:

b That it has an office in Unit 204 No. 84, 2nd Floor, CHIYUTO

Bldg. ("Pink Building") Gloria Diaz St. BF Resort Village, Talon Dos, Las Pinas City with Telephone Number: 0270891474;

45 days; That an investment of Php5,000 can become Php10,000 in 1, 30 or

That the "new scheme" involves a "roulette" that rolls and selects randomly between 1, 30 and 45 days;

e That if the investor's roulette spins to 1 day and if the investment

is, say Php50,000, the investor will received Php100,000 in 1 day;

f. That if what is invested is money, the investor will receive a Promissory Note as proof that he/she entitled to a payout which he/she will receive on your next visit; and

g That the true name of Chiyuto Can Maricris is Maria Christina Chiyuto Canobida who is the leader of the_.Chiyuto_Canobida Team. Iy K

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6 Paragraph 8 of the Motion 7 Printed copy of EIPD Operative's Facebook messenger convers: vith Chivuto G B Y cris attactred

See Annex "E" of the Motion as Annex "E

In the Matter of Chiyuto Creative Wealth Documentatio. SEC CDO Case No. 02-21-069 - Cease and Desist Order Page 4 of 14

The investigation of the EIPD which also covered the social media posts and online activities of Chiyuto confirmed the allegations earlier made by the BSP, and the investigation report of the EIPD operative, that Chiyuto. owned and operated by Patrocenio Chiyuto or "Doc Don" or also known by his Facebook page monicker, Don Calvez Chiyuto, Jr., a.k.a. "Don

Zhang Lee Chiyuto or by his other alias, "Mr. Solve," (a) is offering

maximum of Php1Million; (b) uses the spin the roulette wheel process in investments to the public by availing "Roulette" game investment with of their so-called Double-Your-Money ium amount worth Php1.00 up to a

carrying out its investment scheme to randomly pick different payout days i.e. 1 day, 30 days or 45 days which an investor will be entitled to19; (c) guarantees that an investor will earn one hundred per cent (100%) for either 1 day, 30 days or 45 days, depending on the result of the spin of the roulette wheel:

samel2; and (e) is selling and/or offering securities to the public in the form (d) will issue a promissory note to an investor with the corresponding amount representing his payout and the date when he/she is supposed to claim the

hundred percent (100%). of investment contracts with a promise of a pure passive income of one

On 18 August 2020, the Commission issued an ADVISORY13 informing and advising the public not to invest or to stop investing in Chiyuto, and to exercise caution in dealing with individuals or group of persons soliciting investments for and on behalf of Chiyuto or any entities engaged in solicitation activities.

Filipino against Chiyuto in the official Facebook page of the SEC to warn investors about the investment scheme of the company.14 On 23 October 2020 the Commission also posted an investor alert in

investor alert,..Chiyuto continued to carry out its unauthorized investment Notwithstanding the issuance of the ADVISORY and the posting of the

selling the same to the public thru social media. The operation was mainly carried out in Western Visayas and Panay Island ares, specifically Roxas City, Capiz. scheme, this time also through Creative Wealth OPC, by actively offering and

office address of CHIYUTO at the Unit 204 No. 84, 2nd Floor, CHIYUTO Bldg. ("Pink Building") Gloria Diaz St. BF Resort Village, Talon Dos, Las Pinas City, as indicated in the DTI Certificate of Business Name On 14 January 2021, the investigating team of the EIPD went to the

Registration15, and found out that CHIYUTO is not conducting business in the

9 See Annex "D" of the Motion 10 See Annex "E" of the Motion W Ibid TRE IOCUNENIN -ERTHUH TRUE COPY OL II NRIOE

13 SEC Advisory attached as Annex "J" 15 Field Investigation Report attached as Annex "I" 12 See Annex "G" of the Motion 14 Paragraph 17 of the Motion PCF

In the Matter of Chiyuto Creative Wealth Documentatior SEC CDO Case No. 02-21-069 - Cease and Desist Orde Page 5 of 14

said place. More importantly, the investigating team discovered that the building is not owned by CHIYUTO as indicated in the address given by MARICRIS CAN CHIYUTO. 16

Acting on the request for certifications sent by the EIPD on 17 August 2020, (a) the Company Registration and Monitoring Department (CRMD) issued a Certification dated 25 January 202117 stating that Creative Wealth OPC has not been issued a secondary license as a Lending Company broker/dealer in securities, dealer in government securities, investment adviser of an investment company, investment house and transfer agent; (b) the Market Securities Regulation Department (MSRD) issued a Certification dated 24 August 202018 stating that the respondent company has not applied for nor has obtained a secondary license to offer or issue securities to the public pursuant to Sections 8 and 12 of the SRC, and (c) the Corporate Governance and Finance Department (CGFD) issued a Certification dated 20

registered issuers of mutual funds, exchange traded funds, and January 202119 stating that Chiyuto and Creative Wealth OFC are not

proprietary/non-proprietary shares or membership certificates and timeshares.

On 31 January 2021, the EIPD took and submitted in evidence the

be having a short holiday not because there are violations but because documents have to be submitted20; (b) the temporaty disruption of their operations is due to reasons beyond his control21; and (c) the short holiday was intended to address the legal issues involving the the company and that screenshots of Don Zhang Lee Chiyuto who claimed that (a) the company will

operations will resume soon.22

ISSUE

Whether or not the issuance of CDO is warranted based on the findings and evidence presented by the EIPD.

RULING

same. We find the Motion to be impressed with merit and hereby grants the

Creative Wealth OPC is a corporation registered with the Commission

with the following purpose, thus: on 23 November 2020 under Company Registration No. 2020110003783-00

16 Ibid. t

2o Screenshot of Don Zhang Lec Chiyuto's post attached as Annex 17 Annex "V" of the Motion 18 Annex "I" of the Motion 19 Annex "X" of the Motion 22 Screenshot of Don Zhang Lee Chiyuto's post attached as Annex "AA 21 Screenshot of Don Zhang Lee Chiyuto's post attached as Annex "Z" THE DOCUNENTS ON RECORD CERTHFIED TRUE COPY OP BY PAGFS

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""To engage in the business of providing assistance to companies and/or individuals on the facilitation of documents and other liaison contract services, without engaging in labor only contracting activity;

Provided that the corporation shall not solicit, accept or take

investment contracts. "23 (Emphasis supplied) investments/placements from the public neither shall it issue

of the Certificate of Registration to Creative Wealth OPC did not include the It bears emphasis that the grant of juridical personality with the issuance

grant of authority to sell or offer securities to the public as the same requires a secondary license from this Commission. This is specifically provided in the Certificate of Registration of Creative Wealth OPC which states, to wit:

"This Certificate grants juridical personality to the corporation but does not authorize it to issue, sell or offer for sale to the public. securities such as but not limited to, shares of stock, investment contracts, debt instruments and virtual currencies without prior Registration Statement approved by the Securities and Exchange Commission nor to undertake business activities reguiring a Secondary License from this Commission such as,

government securities eligible dealer (GSED), investment adviser of an investment company, close-end or open-end but not limited to acting as broker or dealer in securities,

commodity financial futures exchange/broker merchant. investment company, investment house, transfer agent,

share/membership certificate issuers or selling agents thereof financing nor to operate a fiat money to virtual currency exchange. activities for which other government agencies reguire a license or permit. " (Emphasis supplied) Neither does this Certificate constitute a permit to undertake lending company, and time share, cash

from the Commission. Wealth OPC and Chiyuto are selling and/or offering securities to the public in the form of investment contracts without the required secondary license The EIPD was able to establish by substantial evidence that Creative

Chiyuto because while the period of the pay out thay, vayWiie is'speifi 23 Ib id. guaranteed return of 100% in either 1 day, 30 days or 45 days depending on Chiyuto's business model involves the offer and sale of investments with a result of the roulette which is used to randomly determine the same."It practically entices and lures the public to invest in Creative Wealth OPC and As bone by the evidence on record, Creative Wealth OPC and PAGE 4 FAGS

BY

In the Matter of Chiyuto Cre SEC CDO Case No. 02-21-069 tive Wealth Documentatior - Cease and Desist Orde Page 7 of 14

in the promissory note that is issued, the return of their investment is absolutely guaranteed. K

Section 3 of the SRC provides: "SEC. 3. Definition of Terms. -- PAGE THUE DOCUMENTS O TFRTHIETRUE COPYOL Y 7 NRECORD 1

3.1. "Securities" are shares, participation or interests in a corporation or in a commercial enterprise or profit-making venture and evidenced by a certificate, contract, instrument. whether written or electronic in character. It includes:

XXXX XXXX XXXX

in a profit sharing agreement, certificates of deposit for a future subscription." (b) Investment contracts. Certificates of interest or participation

further define securities in Rule 3(3.1), thus: The 2015 Implementing Rules and Regulations (IRR) of the SRC

"Rule 3 -- Definition of Terms

3.1. As used in these Rule, unless the context provides otherwise:

XXXX XXXX XXXX

determined by the Commission. " (Emphasis supplied) evidences of indebtedness, asset-backed securities;(b) Investment contracts, certificates of interest or participation in subscription; (c) Fractional undivided interests in oil, gas or other mineral rights; (d) Derivatives like option and warrants; Proprietary or non-proprietary membership certificates in 3.1.20. Securities shall include: (a) Shares of stock, bonds (e) Certificates of assignments, certificates of participation, trust certificates, voting trust certificates or similar instruments; (f) corporations; and (g) Other instruments as may in the future be government securities, commercial papers, debentures, notes! a profit-sharing agreement, certificates of deposit for a future

and Solicitations) defines an investment contract as follows: Section 26.3 of the SRC-IRR (Prohibited Representations, Dealings

primarily from the efforts of others. An investment contract is scheme (collectively "contract") whereby a person invests his money in a common enterprise and is led to expect profits "An investment contract means a contract, transaction on

In the Matter of Chiyuto Creative Wealth Documentatior SEC CDO Case No. 02-21-069 - Cease and Desist Orde Page 8 of 14

presumed to exist whenever a person seeks to use the money or property of others on the promise of profits.

A common enterprise is deemed created when two (2) or more

even if the promoter receives nothing more than a broker's investors "pool" their resources, creating a common enterprise commission. " (Emphasis supplied)

In the case of SEC vs. Howey Co., the US Supreme Court defined an investment contract as a contract or scheme for the placing of capital or laying out of money in a way intended to secure income or profit from its employment.24 Investment contracts have been used and adopted in various situations where individuals were led to invest money in a common enterprise

promoter or of someone other than themselves.25 It was in the context of the Test26 in determining if an investment scheme, regardless of the legal with the expectation that they would earn a profit through the efforts of the terminology used, partakes of the nature of an investment contract. foregoing that the U.S. Supreme Court came up with and adopted the Howey

discuss the Howey Test, thus: In 2008, the Philippine Supreme Court had the occasion to apply and

"It behooves us to trace the history of the concept of an investment contract under R.A. No. 8799. Our definition of an investment contract traces its roots from the 1946 United States

Court was confronted with the issue of whether the Howey. (US) case of SEC v. W.J. Howey Co. In this case, the US Supreme

transaction constituted an "investment contract" under the Securities Act's definition of "security. " The US Supreme Court

2s Ibid. Although the definition as stated in the Howey Case qualified that thfe earning Sfprofit w 24 328 U.S. 293 (1946) scheme whereby a person (1) makes an investment of money: (2) .x'r in a common enterprise, (3) with the expectation of profitsw:(A) to: ry o+ crystallized" under the state's "blue sky" laws in existence prior to the adoption of the Securities Act. Thus, it ruled that the use of the catch-all term "investment contract" indicated a transactions. It established a test to determine whether a Known as the Howey Test, it requires a transaction,--contract.... by the Act or illumined by any legislative report, held that congressional intent to cover a wide range of investment transaction falls within the scope of an "investment contract." "Congress was using a term whose meaning had been recognizing that the term "investment contract" was not defined PACh THE DOCUMENTS UN RECORD pyDoaLaa AS

with "primarily ", acknowledging that an investment contract may still be present where the individual who to be solely through the efforts of another party, Rule 26.3 of the 2015 IRR of the SRGreplacedlye.qualifier placed the money exerted a small amount of effort in an attempt to earn the profits. 26 Ibid.

In the Matter of Chiyuto Creative Wealth Docum 10t51

SEC CDO Case No. 02-21-069 - Cease and Desist Orde: Page 9 of 14

be derived solely from the efforts of others. Although the proponents must establish all four elements, the US Supreme Court stressed that the Howey Test "embodies a flexible rather than a static principle one that is capable of adaptation to meet the countless and variable schemes devised by those who seek the use of the money of others on the promise of profits. " Needless to state, any investment contract covered by the Howey Test must

issuer was engaged in fraudulent practices.7 (Emphasis ours) be registered under the Securities Act, regardless of whether its

with the EIPD, and holds that Creative Wealth OPC and Chiyuto are engaged Applying the Howey Test to the instant case, this Commission agrees

in the sale and/or offer of securities to the public in the form of investment contracts.

There is investment of money.

First, the evidence submitted by EIPD show that a considerable number of people invested money in Creative Wealth OPC and Chiyuto. These people who invested in Creative Wealth OPC and Chiyuto were all enticed to

their money within 1, 30 or 45 days depending on the "roulette" results. participate in the profit-making venture of the latter which promises to double

notes and the checks that were presented by the EIPD28 show that Creative Wealth OPC and Chiyuto received money from the public. The list of investors with their respective investments, the promissory

The money is placed in a common enterprise

then used to pay out the earlier investors. effectively pool the money invested by its members/investors, which they clearly invested in a common enterprise which consisted in the grand investment scheme operated and run by the corporation. Through the said investment scheme, Creative Wealth OPC and Chiyuto were able to Second, Creative Wealth OPC and Chiyuto's members/investors -

There is expectation of return PACE THE DOCUMENTN ON RECORD CERTUIEDTRUECON DI PAOT

investors who were promised that their money would be doubled within i, 30 Third, there was clearly an expectation of profits on the part"of"its

hard earned money. 100% return of their investment. Without the said guaranteed return of investment, it is highly doubtful if any investor would have parted with his/her or 45 days depending on the "roulette" results. Investors expected to earn a

27 Power Homes Unlimited Corp. v. Securities and Exchange Commission, GR. No. 164182, February 26, 28 Annex "E" of the Motion 2008

In the Matter of Chiyuto Creative Wealth Documentatic SEC CDO Case No. 02-21-069 - Cease and Desist Order Page 10 of 14

Profits are derived primarily through the effort of others

Lastly, the expectation of profits is derived primarily from the entrepreneurial and managerial efforts of Creative Wealth OPC, Chiyuto and/or its directors, officers, agents or representatives. No effort, labor or industry was expected from investors except to deposit their money, play the "roulette" and wait for their money to double within 1, 30 or 45 days depending on the "roulette" results.

Clearly, Creative Wealth OPC's members were lured to invest their

they are guaranteed a 100% return of the same within a definite period. money not for an existing legitimate business enterprise but simply because

the SRC, to wit: and making actual presentations of its investment scheme through Facebook and its web page, and inviting investors to invest their money with them. constitutes public offering as defined under Rule 3.1.17 of the 2015 IRR of Moreover, the act of Creative Wealth OPC and Chiyuto in publishing

public or to anyone who will buy, whether solicited or unsolicited. Any solicitation or presentation of securities for sale "Rule 3.1.17- Public Offering is any offering of securities to the

public offering: through any of the following modes shall be presumed to be a

ii. Presentation in public or commercial place; communication technology and other means of information distribution. " (Emphasis supplied) material which is distributed within the Philippines or any part electronic communications, information communication technology or any other forms of communication; or prospective purchasers through the postal system, information ii. Advertisement or announcement in any radio, telephone, iv. Distribution and/or making available flyers, brochures or any offering material in a public or commercial place, or to thereof. Publication in a newspaper, magazine or printed reading

Shares or membership certificates and timeshares. Nejther hy they appliedoRr company, investment house and transfer agent. They are not registered issuers of mutual funds, exchange traded funds, and proprietary/non-proprietary MSRD and CGFD, that Creative Wealth OPC and Chiyuto have not been issued a secondary license as a Lending Company, broker/dealer in securities, dealer in government securities, investment adviser of an investment The records show, pursuant to the Certifications issued by the CRMD,

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In the Matter of Chiyuto Creative Wealth Documentatior SEC CDO Case No. 02-21-069 - Cease and Desist Order - Page l1 of 14

for nor have obtained a secondary license to offer or issue securities to the public pursuant to Sections 8 and 12 of the SRC.

be sold or offered to the public without a registration statement duly filed with The Securities Regulation Code clearly provides that securities cannot

and approved by the Commission. Section 8.1 of the SRC provides for the requirement of securing a duly approved registration statement before a security can be offered or sold to the public, to wit:

within the Philippines, without a registration statement duly Securities shall not be sold or offered for sale or distribution "SEC. 8. Requirement of Registration of Securities. - 8.1

information on the securities, in such form and with such filed with and approved by the Commission. Prior such sale,

available to each prospective purchaser. " (Emphasis supplied) substance as the Commission may prescribe, shall be made

investing public.30 if unrestrained, will likely cause grave or irreparable injury or prejudice to the act soliciting, selling and offering investments to the public which are securities in the form of investment contracts constitutes a clear violation of the Section 8 of the SRC. This undoubtedly warrants the issuance of a cease and desist order because the act of Creative Wealth OPC and Chiyuto in selling/offering unregistered securities operates as a fraud to the public which, Securities regulation is strictly implemented because the capital markets depend on the public's level of confidence to the system.29 Considering that Creative Wealth OPC and Chiyuto have no license to sell/offer securities, their investing public is not dealing with or purchasing worthless securities. Securities are required to be registered to ensure, among others, that the

offering securities without the requisite license, thus: the Supreme Court ruled that fraud is attendant in the act of selling and/or In Securities and Exchange Commission vs. CJH Development Corp.3

securities shall not be sold or offered for sale or distribution substance as the SEC may prescribe, shall be mqde available to each prospective buyer. " (Emphasis supplied) by making it appear that respondents have authority to deal on such securities. Section 8.1 of the SRC clearly states that within the Philippines without a registration statement duly filed with and approved by the SEC and that prior to such sale, information on the securities, in such form and with such "The act of selling unregistered securities would necessarily operate as a fraud on investors as it deceives the investing public (?

3 Power Homes Unimired Corporation versus SEC,G.R.No.164182, 26February 2o8UiNT RER 31 G.R. No. 210316, November 28, 2016 30 Section 64 of the Securities Regulation Code PACHE CERTHUEDTRUECYOE Y y TA

In the Matter of Chiyuto Creative Wealth Documentation SEC CDO Case No. 02-21-069 - Cease and Desist Order Page 12 of 14

On the basis thereof, the prompt issuance of a CDO against Creative Wealth OPC and Chiyuto is warranted by the evidence on record. The Commission is authorized to issue a CDO after a finding of a violation of the SRC that will likely defraud or cause grave or irreparable injury to the investing public, to wit:

"The law is clear on the point that a cease and desist order may

results from a verified complaint from an aggrieved party. A finds it appropriate to issue a cease and desist order that aims be issued by the SEC motu proprio, it being unnecessary that it prior hearing is also not reguired whenever the Commission

to curtail fraud or grave or irreparable injury to investors. There is good reason for this provision, as any delay in the

further injury to the public that the SEC is obliged to protect.32 restraint of acts that yield such results can only generate (Emphasis supplied)

Commission, Creative Wealth OPC and Chiyuto's act of accepting investments from the public with guaranteed return which are securities in the Without a registration statement duly filed with and approved by this

the SRC. Moreover, their act of carrying out their investment scheme through form of investment contracts constitutes a clear violation of the Section 8 of

3.1.17 of the 2015 IRR of the SRC which cannot be done because of the their webpage and the social media constitutes public offering under Rule

issuance of a cease and desist order. absence of a license. These undoubtedly warrants and justifies the immediate

contracts and/or other activities/transactions, until phe requisite: registration or MARKET, and any and all persons claiming and acting for and in their FACILITATION SERVICES OPC, its owner, principal, proprietor and sole stockholder-director-president, PATROCENIO C. CHIYUTO, JR., SOLVE, BARRUELA, AURELIZA APA-AP, CAPIZ BUY AND SELL behalf, are hereby directed to IMMEDIATELY CEASE AND DESIST facilitating selling and/or offering for sale securities in the form on investment a.k.a. DON CHIYUTO/DOC DON/DON ZHANG LEE CHIYUTO/MR. FELOMINA L. ANDRADA, officers, representatives, salesmen, solicitors. agents, uplines, enablers and CHIYUTO, MARIA CHRISTINA CHIYUTO CANOBIDA, NANETH ANYTHING. KIAKA AVEL CHO, SANTIAGO CITY ONLINE UNDER PAIN OF CONTEMPT from further engaging in, promoting and WEALTH CHIYUTO WHEREFORE, premises considered, CHIYUTO CREATIVE nominee, DOCUMENTATIONFACILITATION CREATIVE JUDY B. influencers, such as MARICRIS CAN WEALTH PAJARILLO,alternate DOCUMENTATION THE DOKCUMENTS ON RECORD SERVICES/ nominee.

32 Ibid PAGE B PAOFS

In the Matter of Chiyuto Creative Wealth Documentation SEC CDO Case No. 02-21-069 - Cease and Desist Orde: Page 13 of 14 statements are duly filed with and approved by this Commission, and the corresponding license and/or permit to offer/sell securities are issued.

The Commission further ENJOINS CHIYUTO CREATIVE

FACILITATION SERVICES OPC, its owner, principal, proprietor and sole stockholder-director-president, PATROCENIO C. CHIYUTO, JR. SOLVE, CHIYUTO a.K.a.DON CHIYUTO/DOC DON/DON ZHANG LEE CHIYUTO/MR. WEALTH nominee. DOCUMENTATION CREATIVE JUDY B. PAJARILLO. WEALTH FACILITATION DOCUMENTATION alternate SERVICES/ nominee. FELOMINA L. ANDRADA, officers, representatives, salesmen, solicitors.

CHIYUTO, MARIA CHRISTINA CHIYUTO CANOBIDA, NANETH BARRUELA, AURELIZA APA-AP, CAPIZ BUY AND SELL agents, uplines, enablers and influencers, such as MARICRIS CAN

behalf from transacting any business involving the funds covered by this CDO in its depository banks, and from transferring, disposing, or conveying in any bank deposits, of which the named persons herein may have any interest, MARKET, and any and all persons claiming and acting for and in their manner, all assets, properties, real or personal, including but not limited to claim or participation whatsoever, directly or indirectly, under its/their custody, to forestall grave damage and prejudice to all concerned and to ANYTHING, KIAKA AVEL CHO, SANTIAGO CITY ONLINE

ensure the preservation of the assets for the benefit of the investors.

posted in the Commission's website, (c) published in two (2) newspapers of Let a copy of this Order be (a) posted at Chiyuto's office premises, (b)

general circulation and (d) be furnished to the Company Registration and

the Information and Communications Technology Department of this Monitoring Department, Corporate Governance and Finance Department and

Commission, the Bangko Sentral ng Pilipinas, the Department of Trade and

Information and Communications Technology, for their information and appropriate action. Industry, the National Privacy Commission and the Department of

In accordance with Section 4-3(b), Rule IV of the 2016 Rules of

date of posting or publication. Procedure of the SEC, the parties subject of this Cease and Desist Order (CDO) may file a verified motion to lift the CDO within five (5) days from

FAIL NOT UNDER PENALTY OF LAW.

SO ORDERED.

S+:( O

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In the Matter of Chiyuto Creative Wealth Documentation SEC CDO Case No. 02-21-069 - Cease and Desist Order Page 14 of 14

Pasay City, Philippines, 1 February 2021.

EMLIO: AQUINO

Chairperson

EPHYRO LUIS B. AMATONG JAVEY/PAUL D.FRANCISCO

Commissioner Commissioner

INLESTER K.LEE Commissioner KARLO Commissioner .BELLO

SC O CERTHFUD TRUE COPYOE THEACUMFNTSON RECORD C PACHS

SECURITIES AND EXCHANGE COMM'SSION Edsa, Greenhills, Mandaluyong, M. M Republic of the Philippines FEBRUA2Y 2,2021

DATE :

I HEREBY CERTIFY that the foregoing is a true consisting of FOORTEEN (14 pages. pertnining t% and correct xerox reproduction of the official fite (s) thereof in the custody of this Commission ACEB + SEC CO0 CASE "BO. OL- 2L -00

COUFIDENT(AL ASSISTA NT HI GipTy cAMAoN

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