MySuper Saver Company Limited
Securities and Exchange Commission Republlc of the Philippines Deparlment of Finance
In the matter of: MYSUPER SAVER COMPANY LIMITED
SEC CD0 Case No. 09-16-035
PROTECTION DEPARTMENT, ENFORCEMENT AND INVESTOR Movant.
ORdER
Permanent Cease and Desist Orderi (Motion) filed on 21 December 2016 by the Enforcement and Investor Protection Department (EIPD) against MYSUPER issued on 11 0ctober 2016 be declared permanent. SAVER COMPANY LIMITED (MSS) praying that the Cease and Desist Order (CDO) This resolves the Ex-Parte Manifestation with Motion for Issuance of a
engaged in the offering and saie of securities, in the form of an investment Sections 8 and 12 of the Securities Regulation Code (SRC). It held that MSS's of the said CDO at MSS' main office and/or branches, if any. contract, without the required registration statement which is in violation of scheme falls within the definition of an investment contract considering the presence of all of the four (4) eiements of the Howey Test. Hence, it issued a CDO and directed EIPD to serve the same to MSS, its partners, officers, directors agents, conduits, assignees or all persons under their authority and post a copy Based on EIPD's investigation, the Commission En Banc found MSS to be
subject CDO at MSS' office located at RJML BIdg., KM3 South National Hi-way, the subject CDO to Mr. Reiner Jay Juratil's, MSS' partner, residing at Brgy. San Pedro, Puerto Princesa City, Palawan.3 representatives from the Department of Trade and Industry (DTI) and National Bureau of Investigation (NBI) all stationed in Palawan, posted copies of the Brgy. Tiniguiban, Puerto Princesa City, Palawan. Mr. Paggao also served a copy of On 24 October 2016, Mr. Anthony Glenn C. Paggao2, together with
request to lift the CDQ. Thus, the EIPD prays that the issued CDO be declared permanent. To date, the MSS and/or its representatives have not filed any motion or
Section 64.3 of the SRC expressly provides the following:
3 Compliance dated 02 November 20 1 6. 2 SEC-Designated Sheriff Dated 15 December 2016
Enforcement and investor Protection Departmeni In re: MySuper Saver Company Limitec SEC CDO Case No. 09-16-035 Page 2 of 3
within the time herein prescribed, the cease and desist order shall resolution thereof shall be made not later than ten (10) days from the termination of the hearing. If the Commission fails to resolve the request automatically be lifted." mav within five (5) days from receipt of the order fjle a formal request for a lifting thereof. Said request shall be set for hearing by the Commission not later than fifteen (15) days from its filing and the "64.3. Any person against whom a cease and desist order was issued
declare the CD0 issued on 11 0ctober 2016 as PERMANENT. motion or formal request to lift the subject CDO within the prescribed period as above-stated and Section 64.3 of the SRC, the Commission is constrained to In the instant case, since MSS and/or its representatives failed to file a
partners, officers, directors, agents, representatives, conduits, assigns, AND ANY hereby MADE PERMANENT. issued on 11 October 2016 against MYSUPER SAVER COMPANY LIMITED, its Cease and Desist Order is hereby GRANTED and the CEASE AND DESIST ORDER AND ALL PERSONS CLAIMING AND ACTING FOR AND IN THEIR BEHALF are, is WHEREFORE, premises considered, the Motion for Issuance Permanent
hereby DIRECTED to: (a) serve this Order to the Partner, General Manager, MYSUPER SAVER COMPANY LIMITED; and (b) post copies of the Order at the entrance of the main office and/or branches, if any, of MYSUPER SAVER Corporate Secretary, Treasurer, Incorporator/Director or In-House Counsel of COMPANY LIMITED. The Enforcement and Investor Protection Department i
appropriate action. published in a national newspaper of general circulation and furnished to the other Operating Departments of the Commission for their information and Let a copy of this Order be also posted in the Commission's website;
COMPLIANCE REPORT, by way of a pleading, to the Commission En Banc WITHIN FIVE (5) DAYS from receipt of this Order. Commission is hereby FURTHER DIRECTED to submit a FORMAL The Enforcement and Investor Protection Department of the
Enforcement and Investor Protection Department In re: MySuper Saver Company Limited SEC CDO Case No. 09-16-035 Page 3 of 3
The dispositive portion reads:
GRANTED and the CEASE AND DESIST ORDER issued on 11 October 2016 against MYSUPER SAVER COMPANY LIMITED, its partners, officers, directors, agents, representatives, conduits, assigns, AND ANY AND ALL PERSONS CLAIMING AND ACTING FOR AND IN THEIR BEHALF are, is hereby MADE PERMANENT. WHEREFORE, premises considered, the Motion for Issuance Permanent Cease and Desist Order is hereby
Partner, General Manager, Corporate Secretary. Treasurer, Incorporator/Director or In-House Counsel of MYSUPER SAVER COMPANY LIMITED; and (b) post copies of the Order at the entrance of the main office and/or branches, if any, of MYSUPER SAVER COMPANY LIMITED The Enforcement and Investor Protection Department is hereby DIRECTED to: (a) serve this Order to the
general circulation and furnished to the other Operating Departments of the Commission for their information and appropriate action. Let a copy of this Order be also posted in the Commission's website; published in a national newspaper of
to submit a FORMAL COMPLIANCE REPORT, by way of a pleading, to the Commission En Banc WITHIN FIVE (5) DAYS from receipt of this Order. The Enforcement and Investor Protection Department of the Commission is hereby FURTHER DIRECTED
SO ORDERED.
Pasay City; 02 February 2017
t TERESITA J. HERBOSA Chairperson
Tyt ANTONIETA F. IBE Commissioner EPHYRO LUIS B. AMATONG Commissioner
IAS AMESG. Commissioner MMe ERB EMIEIO B. AQUJINO Commis. M me
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