TuneGaga

January 4, 2022 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT SEC ADVISORY This ADVISORY is prompted by reports and information gathered by the Commission that individuals or group of persons representing TUNEGAGA/TuneGaga is enticing the public, through social media platform or through their own independent websites to invest in said entity. TUNEGAGA/TuneGaga is a mobile application that can be downloaded in GOOGLE PLAYSTORE . According to the creator of the said mobile application, TUNEGAGA/TuneGaga is a great way for music fans to earn extra income listening to music. Users can sign up as fans to listen to the music of their own choice. TUNEGAGA/TuneGaga pays its users every week through various payment methods allegedly supported in over 180 countries. As posted on its website, investors can join by registering first, then they can choose from any of the following nine (9) Subscription Plans with corresponding tasks by simply listening to music: (1) Learner Plan worth Php1,967.95; (2) Standard Plan worth Php4,793.72; (3) Premium Plan worth Php11,101.25; (4) Premium Plus Plan worth Php22,707.10; (5) Accelrator Plan worth Php30,276.14; (6) Ultimate Plan worth Php42,891.19; (7) Business Plan worth Php60,552.27; (8) Professional Plan worth Php90,828.41; and (9) Platinum Plan worth Php121,104.54. Investors can earn from Php2,055.25 up to Php151,381.35 monthly depending on the subscription plan they availed of. Investors can also earn from referral bonus up to $120 or 5% of the subscription amount/plan. Briefly, an "investment contract" exists when there is an investment or placement of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others which is prominent in the scheme of TUNEGAGA/TuneGaga . As such, the Securities Regulation Code (SRC) requires that said offer and sale of securities must be duly registered with the Commission and that the concerned entity and/or its agents should have the appropriate registration and/or license to sell such securities to the public. Based on the Commission's database, TUNEGAGA/TuneGaga , is NOT REGISTERED as a corporation or partnership and OPERATES WITHOUT THE NECESSARY LICENSE AND/OR AUTHORITY to solicit, accept or take investments/placements from the public nor to issue investment contracts and other forms of securities defined under Section 3 of the Securities Regulation Code (SRC) . Further, the scheme employed by TUNEGAGA/TuneGaga , shows indication of a possible "Ponzi Scheme" where monies from new investors are used in paying "fake profits" to prior investors and is designed mainly to favor its top recruiters and prior risk takers and is detrimental to subsequent members in case of scarcity of new investors. The offering and selling of securities in the form of investment contracts using the "Ponzi Scheme" which is fraudulent and unsustainable, is NOT a registrable security. The Commission will not issue a License to Sell Securities to the Public to persons or entities that are engaged in this business or scheme. In view thereof, the public is hereby advised NOT TO INVEST or to STOP INVESTING in the investment scheme being offered by TUNEGAGA/TuneGaga , and its representatives . Those who act as salesmen, brokers, dealers or agents of TUNEGAGA/TuneGaga , in selling or convincing people to invest in the investment scheme being offered by the said entity including soliciting investments or recruiting investors through the internet may be held criminally liable under Section 28 of the SRC and penalized with a maximum fine of Five Million Pesos (Php5,000,000.00) or imprisonment of Twenty One (21) years or both pursuant to Section 73 of the SRC (SEC vs. Oudine Santos, G.R. No. 195542, 19 March 2014) . Furthermore, the names of all those involved will be reported to the Bureau of Internal Revenue (BIR) so that the appropriate penalties and/or taxes be correspondingly assessed. Should you have any information regarding the operation of TUNEGAGA/TuneGaga , and its representatives, please send your report through email at [emailprotected] For the information and guidance of the public. Pasay City, January 4, 2022.