PhMall/PhMall.App

October 28, 2021 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 PHMALL/PHMALL.APP , is enticing the public to invest in said entity. As posted on the Website https://www.phmall.app/dist/?fbclid=IwAR1hvk6JkUAl0uozlYWnYEBUoAolNRdY7pArn0Wx3UVCUgIp4zjCeWGmHzE#/ , investors can join by registering first, then they can choose from any of the six (6) VIP PLANS with corresponding 20 daily grabbing orders, VIP1, worth Php100.00 (free upon signing), VIP2, worth Php1,000.00, VIP3, worth Php5,000.00, VIP4, worth Php30,000.00, VIP5, worth Php80,000.00 and VIP6 worth Php200,000.00 accordingly. Investors can earn Php320.00 to Php240,000.00 monthly depending on what plan they get. Investors can also earn from direct order rebate 10%, and 5% for indirect order rebate and invitation rewards from Php100.00 to Php200,000.00 . And lastly, investors can also earn from shared bank financial (wealth management expert) from 1.00% for 7-day period of purchase and up to 5.00% for 180-day period of purchase. 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 PHMALL/PHMALL.APP . 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, PHMALL/PHMALL.APP , 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 PHMALL/PHMALL.APP , 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 PHMALL/PHMALL.APP , and its representatives . Those who act as salesmen, brokers, dealers or agents of PHMALL/PHMALL.APP , 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 PHMALL/PHMALL.APP , and its representatives, please send your report through email at [emailprotected] For the information and guidance of the public. Pasay City, October 28, 2021.