The following cases are cases that were filed by either party and their status’s.
Criminal Cases pending:
I.S. NO.III-10-INV-16J-01322 against Murto Nel for Qualified Theft. (Pending Resolution)
I.S. NO. III-10-INV-16J-01262 for Estafa against Roy Anderson filed by Bastiaan Derksen. (Pending Resolution).
I.S.NO. III-10-INV-17C-00278 AND 00279 for Estafa and Discovery and Revelation of Secrets against Murto Nel, Bastiaan Derksen, and against Cori Novy of Just Energy/Tara Energy and against Shawna Dixon of Just Energy/Tara Energy. (Pending Resolution).
Cases that have been resolved and dismissed.
I.S. NO. III-10-INV-I6J-01245 which is a trespassing case filed against the Sheriff, Roy Anderson, Jessabel Balutan, Fe Dela Cruz and Girlie Nina Asinas by Bas Derksen. (Pending resolution).
I.S. NO. III-10-INV-01217 which is Cyber Libel against Murto Nel and Bastiaan Derksen filed by some ex-staff. The Prosecution office felt that there was insufficient direct evidence to take the case to trial.
Criminal Cases under Prosecution.
NPS NO. III-10-INV-16I-01195 against Murto Nel and Laura Jane Nel for Carnapping. Now resolved for prosecution against Murto Nel, but not against Laura Nel- resolution here – but not yet assigned to a trial court).
Criminal Case No: 2016-2460 And Criminal Case No: 2016-2459 for: Qualified Theft against Murto Nel, Bastiaan Derksen and Quinton Ellick. Ellick is under arrest and arrest warrants are issued for Murto Nel and Bastiaan Derksen for this case. The trial against Ellick has proceeded.
I.S. NO. III-10-INV-16I-01216 FOR Access Fraud against Murto Nel and Bastiaan Derksen (Pending Resolution). This case has been recommended by the prosecutors office for prosecution. Warrants of arrest will be issued against Nel and Derksen once a Court has been assigned.
There are now 4 warrants of arrest issued and outstanding against Murto Nel and 2 warrant of arrest issued and outstanding against Bastiian Johannes Arnoldus Derksen. There is one conviction against Murto Nel with a combined prison sentence of up to 12 years.
Criminal Cases Concluded
Criminal Case No: 2016-1394 & 2016-1395 against Roy Anderson filed by Murto Nel for this website.
Criminal Case No. NOS.159-16 & 160-16 against Murto Nel for Falsification filed by Jessabel Balutan for forging her signature to set up a bank account. Murto Nel posted bail which was rescinded due to his failure to appear at the last hearing date. His bail bond had been forfeited to the Country and a new warrant for his arrest was issued.
Murto was convicted of both counts and sentenced to prison.
The judgement is available below:
Civil Cases
There were only two Civil Cases. These were:
SEC 15-003 which was filed by Murto Nel against Roy Anderson requesting that the court order that Roy be ordered to cease representing My Cyberstaff, Inc. The case has been dismissed for failure to prosecute.
SEC 15-006 which was filed by Roy Anderson on behalf of My Cyberstaff, Inc. against Murto Nel and Bastiaan Derksen and their supposed Board of Directors requesting that their share certificates be declared null and void, that they be ordered to pay restitution for damages, that they be ordered to hand over company documents being held by them. Murto Nel and his co-accused failed to attend court and thus were not able to file a defense in this case. The case is up for final order by the Judge. The case really has no real implication regarding the current share ownership as Murt Nel and Bastiaan Johannes Arnoldus Derksen’s real and dispute shares were all seized and sold at auction by the Sheriff of the National Labor Relations Commission effectively ending their claim to ownership of My Cyberstaff, Inc. once and for all regardless of the outcome of SEC Case 15-006. Since the matter of share ownership is no longer an issue, the case could be dismissed by Roy Anderson except that Roy Anderson is seeking damages and restitution. A decision in this case has been rendered, however Murto Nel, through his attorney, has apparently appealed the decision. However, despite his appeal, the fact remains that any shares, real or imagined, that he has in My Cyberstaff, Inc. and any shares, real or imagined , that Bastiaan Johannes Arnoldus Derksen has in My Cyberstaff, Inc. were already seized by the National Labour Relations Commission and sold. Thus, any claims currently being made by Murto And Bas that they own shares are patently fraudulent. The decision was as follows:
- Declaring the 650 shares in the name of respondent Bastiaan Johannes Arnoldus Derksen as null and void;
- Declaring the Stock Purchase Agreement between him and Gregory Ian Anderson and Peiling Xiong as null and void;
- Declaring the 500 shares of Murto Nel acquired through the above-mentioned Stock Purchase Agreement as null and void
- Declaring the 100 shares of stocks of respondents Salvation T. Villalobos and Cornelis as null and void;
- Recognizing the rights of the petitioners to inspect corporate books and records as a stock holder pursuant to Section 74 of the Corporation Code;
- Reinstating petitioner Roy Leonard Anderson as Chief Operating Officer;
- Ordering respondents to pay the sum of Fifty Thousand Pesos (Php50,000) as attorney’s fees;
- Ordering respondents to pay the amount of Fifty Thousand Pesos (Php50,000.00) by way of exemplary damages.
Thus, all civil cases are currently over. Bastiaan Derksen has, according to Tara Energy, Inc., claimed that there are still civil cases pending. But this is not true. Murto Nel’s attorney has filed an appeal regarding the ruling in civil case 15-006. Roy Anderson has also filed an appeal in the case.
The appeal by Murto et al. was dismissed. Copy of resolution is here. The appeal by Anderson et al. continues.
What is not known is who authorized Attorney Santos to file that appeal since, in open court on September 13, 2017 she claimed that she has not spoken to Mr. Murto Nel since December of 2016 and does not know where he is.
A complaint was filed by Roy Anderson with the Office of the Court Administrator against Judge Richard Paradeza for what are considered failures to abide by the rules governing cases filed as SEC cases.
Under SEC rules, decisions in SEC cases are immediately executable even if appealed. Judge Paradeza has ruled against a writ of execution despite that.
THe Court of appeals issued a partial Judgement on the case in September 2018 dismissing Murto Nel and his colleagues appeal and continuing on with the appeal of Petitioners (Roy Anderson et al.)
LABOR CASES
NLRC CASE NO. RAB-III-08-23099-15 and NLRC CASE NO. RAB-III-09-23166-15 Against Murto Nel and Bastiaan Derksen by ex-staff of My Cyberstaff, Inc. These cases are complete with the result of an award to the ex-staff of PHP580,000.00.
The award was not paid by Nel and Derksen and thus a Writ of Execution was issued, and a Property Seizure order was issued that seized any and all shares in My Cyberstaff, Inc. and Utilstaff, Inc. These seized shares, both legitimate and contested, were sold at auction by the Sheriff and purchased by the staff, thus effectively eliminating any possible claim that Murto Nel and Bastiaan Derksen have in My Cyberstaff. Inc.
Despite this, Shawna Dixon of Tara Energy and Cori Novy continue to insist that the ownership of My Cyberstaff, Inc. is in dispute. Clearly, there is no issue of dispute left.
On the 7th of March, 2017 the NLRC mailed to the relevant parties in the National Labor Relations Committee case against Murto and Bas a notice that a resolution was made on the 28th of February, 2017 regarding the appeal submitted by Murto Nel against the seizure and sale of shares in Utilstaff, Inc., a company Murto Nel and Bas Derksen set up in the hopes of continuing the business of My Cyberstaff, Inc. under a different name.
The resolution denied Mr. Nel’s appeal on several grounds, firmly putting to rest any claim Murto Nel or Bas Derksen have regarding their insistence that they continue to own Utilstaff, Inc. (or for that matter, My Cyberstaff, Inc.