The purpose of this website is to provide to those that are asking or who may be interested, the entire public records of the court and labor cases regarding Roy Anderson and/or Murto Nel (alias Murdoch Nel) in the Philippines.
The documents that will be posted on here are already part of the public record of the Philippines.
Anybody is legally able to go and get a copy of them from the Court in Olongapo (for the Civil and Criminal Cases) or in San Fernando, Pampanga (for the labor case).
20 DECEMBER, 2017 UPDATE: MURTO NEL CONVICTED OF FALSIFYING SIGNATURES AND SENTENCED TO PRISON.
Murto Nel has now been convicted of two criminal offences and sentenced to suffer imprisonment of 2 years, four months and 1 day and up to six years medium and maximum and to pay Five Thousand Pesos fine for each of the two counts.
Costs are also awarded against him with the stipulation that in case of insolvency, subsidiary imprisonment shall be incurred.
The complete judgment is available for viewing
Murto Nel also uses the alias “Murdoch Nel” in the Philippines. Murdoch Nel is listed at Linked In as being the owner of a company called “justrigging” in Cape Town, South Africa. It is believed that Murdoch Nel in Cape Town, and Murto Nel are the same people.
There are currently five arrest warrants that are outstanding for Murto Nel in the Philippines.
One is for jumping bail on a charge of falsification, a charge for which he was later convicted (see above). The warrant has now been changed to a warrant to arrest him to serve the prison time he was convicted to serve.
Another is an arrest warrant that has “No Bail” for Qualified Theft. Another for Qualified Theft is bailable.
One is for the theft of funds from the bank account of the corporate secretary. Some of those funds were used to purchase a company in the USA that is registered to Bastiaan Derksen called Utilcare USA, Inc.
And the fifth is for Carnapping which is possibly also a no-bail warrant.
Bastiaan Johannes Arnoldus Derksen is also named on the Qualified Theft warrants and the warrant for the theft of funds in the Corporate Secretary’s personal account.
Murto Nel and Bas Derksen Fled the Country
Apparently Murto Nel and Bastiaan Johannes Arnoldus Derksen have fled the Philippines. Their whereabouts are not fully known. It is suspected that Nel returned to South Africa and Derksen has been travelling between France and the Netherlands and recently passed through the UAE.
Site Ownership and Why
This site is owned by Current Utilities, Inc.
The interest that Current Utilities has in this dispute is because the dispute has resulted in certain clients of Current Utilities, Inc. (one being Just Energy, Inc./Tara Energy, Inc.) deciding to withhold payments owing to Current Utilities.
This due to various statements and claims made by the parties in these cases.
Current Utilities hopes that the data on this site shall allow certain parties to make a more informed decision.
A summary of Cases
The civil case numbers are SEC CASE NO. 15-003 and SEC CASE NO. 15-006 and were being heard in the Third Judicial Region, Branch 72, Olongapo City.
A criminal case NOS.159-16 & 160-16 was heard in Branch 2 of Third Judicial Branch, Olongapo City, and resulted in a conviction against Nel.
The other criminal cases against Nel and Derksen have not been heard yet due to their fleeing the country. As a result, they have not yet been placed under the courts jurisdiction and thus the cases cannot proceed until they return to the Philippines.
That is something that they are unlikely to do as they face certain imprisonment.
The case that Nel was convicted of proceeded as he had already submitted himself to the court and obtained bail, but then fled. Thus, the case carried on to its conclusion.
Murto Nel filed a criminal complaint against Roy Anderson for Cybersquatting (due to Murto’s name appearing on this website) and for Libel for what is and has been said on this website. That case was dismissed.
Another complaint was filed by Bastiaan Derksen against some of the ex-staff of My Cyberstaff, Inc. and against Roy Anderson and against the Sheriff of the National Labor Relations Commission charging the aforementioned with trespassing.
Derksen claimed that the staff and Sheriff, when they served the papers upon him by posting same upon his door, broke into the apartment and stole some papers from him. He claimed that Anderson was involved because Anderson drove the others to his home. He provided surveillance footage along with his complaint.
Unfortunately, the surveillance footage has a time imprint and the time the accused persons were in the building serving the warrants was too short to have accomplished what he claimed that they accomplished.
Thus, his surveillance footage actually hurt his case and resulted in the dismissal of his charges against those he accused.
Cases by past Employees Fired against Nel and Derksen
The same ex-staff of My Cyberstaff, Inc. had filed a Labor Case against Murto Nel, Bas Derksen and My Cyberstaff, Inc. This case has concluded with the staff being awarded P584,100.00. The Labor Case is RAB-III-08-23099-15 and 09-23166-15.
The Labor Case was heard in National Labor Relations Commission, Regional Arbitration Branch No. III, City of San Fernando, Pampanga. The labor case resulted in an award to the staff of over 580,000 pesos.
To date, that amount has not been paid and a Writ of Execution was issued ordering the Sheriff to enforce payment.
The writ of execution resulted in the actual shares and the disputed shares of My Cyberstaff, Inc. claimed by Nel and Derksen being seized and sold at auction. The shares of their company Utilstaff, Inc. were also seized and sold at auction.
It was the warrants being served concerning this case that Bastiaan Derksen filed the trespassing case about.
Comments
This site will not answer any questions or allow comments on this site.
This site is for informational purposes only.
However a link is hereby created to murtonel.net in the event that Murto wishes to purchase and create a website that responds to anything on this site.
Additional link is created to royleonardanderson.com which is likewise available to be purchased in the event Murto Nel wishes to create a site using that web address.
Roy Anderson hereby gives permission for Murto Nel to purchase and use the website royleonardanderson.com without retaliation. This providing the information posted on the site is without libel and does not contain false documents that are not labled as being false documents.
If Murto posts any evidence that relates to anything in this case, this site will endeavor to create links to that evidence in the appropriate locations within this site.
Where documents contradict one another, we will place a link linking to the contradictory evidence so that the reader can decide for themselves whether the case was ruled fairly or not.
BACKGROUND
Roy and Murto met in China in 2013.
While in China, Roy decided to move to the Philippines to establish a call center for Current Utilities, Inc. and to begin a BPO company. He has invested over $50,000 in this business to date.
When Murto was informed of Roy’s plans, he wished to come too. Murto was given an offer that Roy would help him cover his costs in the Philippines and he could be the front man for the BPO company and would be given shares in the BPO company.
Murto’s claims
Murto has not invested one penny, not one red cent, not a single peso into this company.
However he and his colleague Bas Derksen then claimed majority ownership.
They claim that Bas Derksen purchased 6500 shares in the company for 1,000,000 pesos (approximately $22,000.00) and gave a large number of those shares to Murto making them the majority owners.
Murto further claims in his reply to counter-affidavit in his criminal complaint against Roy that the work that he did for the company was equivalent investment:
“…nowhere do I claim to have invested money into the company. Instead, I invested substantial amounts of time and effort in exchange for my equity stake in the company. Respondent is free to believe that his capital contribution grants him a morally superior right to control the company, and that my time, my effort and my sacrifice are without value. I respectfully disagree“.
Murto, in his filings with the court in SEC Case 15-003 claims to own 3,400 shares to Roy Anderson’s 1250 shares. The number of hours of work contributed by Murto to the company did not exceed the number of hours of work contributed by Roy Anderson and no agreement exists that was approved by the Board of Directors that allows Murto to claim that high number of shares for his work.
The basis of their claim to ownership of My Cyberstaff, Inc. is a document signed by Murto Nel as President and signed by Bastiaan Johannes Arnoldus Derksen as purchaser. They claim the document is evidence that Mr. Derksen purchased 6500 shares of My Cyberstaff, Inc. for PHP650,000.00. The document can be viewed here.
What is interesting is that the document is not notarized which is a common procedure in the Philippines for any corporate document.
Further, page 3 of the document states that the total paid is PHP300,000.00. On the first page, the document states “Whereas, the corporation is a corporation who will sell 3000 shares of the issued and outstanding shares of the capital stock of the corporation, My Cyberstaff, Inc a Corporation duly incorporated in the Republic of the Philippines, which Corporation has currently issued capital stock of 2500 shares of par value common stock at PHP 100 (each) and,
“Whereas the company will issue an additional 6500 shares inclusive of the above 3000 shares, and
“Whereas, the Purchaser desires to purchase said stock and the Corporation desires to sell said stock upon the terms and subject to the conditions hereinafter set forth”.
While the language is confusing, it appears from reading page 3 and page 1 that the shares supposedly sold were 3000 shares at a par value of PHP100.00 for a total sales price of PHP300,000.00. This belies their claim that Bas Derksen purchased 6500 shares.
Murto’s claims vs. the Law
Under Philippine law, to sell shares in a company the Board must first approve the sale and issue a Board Resolution of such approval, then the shares must be offered to existing shareholders first, then the share sale agreement must be signed, then the Bureau of Internal Revenue must be paid and they must issue a receipt of payment, then the Corporate Secretary shall enter the sale into the Share Registry and cause a share certificate to be issued.
None of these steps happened.
Utilstaff, Inc.
Murto and Bas Derksen later started a new company in Subic Bay Freeport Zone named Utilstaff, Inc.
The website is www.utilstaff.com. Now not functioning. Utilstaff, Inc. shares were seized by the sheriff and sold and the company is now owned by the previous employees who were illegally dismissed by Murto and Bas.
Despite this, they continued to operate the website wherein they direct business traffic that belongs to Utilstaff, Inc. to the own phone numbers which should legitimately belong to Utilstaff, Inc. but which they continue to illegally maintain control over. There website has now gone dark.
The First Case’s filed
Murto launched a civil lawsuit against Roy asking the courts to award him control of Roy’s USA company assets and for the courts to forbid Roy from continuing to claim to be of any authority in the Philippine Company. Murto’s lawsuit did not prosper and was dismissed by the court.
Roy launched a civil lawsuit against Murto and his colleagues requesting the courts to nullify the shares that they claim to own and to prevent Murto from continuing to operate as though he is the current President of the company.
Roy also launched two criminal complaints against Murto one for theft for taking possession of and moving all the company assets and the second for theft for taking all Roy’s own personal assets (chairs, computers, etc.) which Roy paid for and locking them up away from Roy.
Theft of Office Furniture
The lawsuit for theft is underway with one of Murto’s accomplices arrested and under prosecution. Murto and Bas fled the Philippines when the warrant for their arrest was issued.
The previous corporate secretary, Jessabel Balutan, filed a criminal complaint for forging the signature of the company secretary which enabled him to open a bank account in the company name with him as the only signatory, into which thousands of dollars have gone.
Murto has provided accounting for those monies, however, the accounting that was provided was devoid of actual bank statements or cancelled checks to allow anyone to verify the accounting.
Criminal Case Filed by Murto
Murto Nel filed a criminal complaint against Roy claiming Roy to be the owner of this website and claiming that the contents of this website constitute libel.
Needless to say, no company can survive where the company has two competing people claiming to own or operate the company and so the company (My Cyberstaff, Inc.) was sitting in limbo. Monies owed to the company by Tara Energy/Just Energy have yet to be paid with Tara/Just.
They continue using the excuse that there is still a dispute regarding the company as a reason to withhold funds.
The disputes are no longer.
The court cases were lost by Murto and Bas and the share ownership is essentially back to being unchanged from where it originally was which leaves Roy Anderson as majority owner.
However, Murto Nel’s original minority share ownership has been seized by the courts and sold. Those shares are now owned by some of the previous staff of My Cyberstaff, Inc.
Despite this, Just Energy claims that they do not have to pay their debt to My Cyberstaff, Inc. because “Bas Derksen says he still claims ownership”.
Utilstaff, Inc. Awarded to Ex-staff
The following is a timeline:
The Labor Department issued a writ of execution based on the award given to the staff who sued Murto and Bastiaan Johannes Arnoldus Derksen and MCS. Since the staff were still not paid a Notice of Levy was issued seizing the supposed shares in MCS of Murto and Bas Derksen of My Cyberstaff and of their new company, Utilstaff, Inc.
On December 16, 2016, the shares of Murto Nel and Bastiaan Johannes Arnoldus Derksen of both My Cyberstaff, Inc., and Utilstaff, Inc. were officially transferred over to several of the staff that Murto and Bas had fired from My Cyberstaff, Inc. The PDF of that Certificate of Sheriff’s Sale is number 5 in the PDF list.
The staff, after ensuring all legal regulations were properly followed, and after informing the landlord that they would be changing the locks to the premises of Utilstaff, Inc. entered into the premises and changed the locks.
On December 19, 2016 at approximately 10.30 PM, the new owners of Utilstaff, Inc. accompanied by Roy Anderson entered the premises.
At approximately 11.00 PM, Mr. Nel arrived drunk and proceeded to attempt to smash down the door of Utilstaff, Inc. offices. All while hurling insults at Roy Anderson and threatening violence. This was captured on video.
First Arrest Warrant
On the 22nd of December, an Arrest Warrant was issued for Murto Nel, Bastiaan Johannes Arnoldus Derksen and Quinton Ellick, the owner of Ellick BPO Solutions for Qualified theft.
The Warrant stipulated “No Bail”. Murto Nel and Bastiaan Johannes Arnoldus Derksen were unable to be located on that day. This was for the theft of the office property (desks, chairs, computers, routers, refrigerator, microwave, ladder, tools, etc.).
Mr. Ellick has stated that he only offered to store the property at the request of Mr. Nel and should be excluded from the case.
However, despite several requests, the property has still not been returned by Mr. Ellick.
Confirmation was received that Mr. Derksen has left the country. No confirmation has been received as to whether Mr. Nel has left the country.
Mr. Ellick was arrested on the 6th of January, 2017 and remains in jail awaiting arraignment. The attorney for the accused has presented motions to have the Warrants dismissed and the case sent back for review. Hearings are scheduled on the 10th of January, 2017 and the 1st of February, 2017.
Case Progress
The Judge in SEC 15-003 filed by Nel against Roy Anderson, dismissed their case February 7th, 2017 completely.
Murto Nel has lost that case. The minutes from the last court hearing are available here. The final judgement is available to be viewed here.
On February 20, 2017, the Presiding Judge over the Theft case filed against Nel, and Bastiaan Johannes Arnoldus Derksen and Quinton Ellick issued a “hold departure order”.
The order instructed the Philippine Bureau of Immigration and Deportation and the Department of Foreign Affairs to prevent them from leaving the country.
This order can be viewed here.
What is at stake
It has always been the contention of Current Utilities, Inc. that the entire reason that Murto Nel and Bas Derksen attempted the takeover of My Cyberstaff, Inc. was to lay claim to the residual income of Current Utilities, Inc. Most of that residual income was coming from Tara Energy, LLC., a company owned by Just Energy, Inc.
Tara Energy has used the dispute as a reason to not pay those residual incomes to anyone. Recently, Shawna Dixon of Tara Energy sent a letter addressed to both parties saying that they wished to pay the residual income and that they would pay the party that proved that they were the legitimate owners.
Tara Energy’s new parent company apparently has a history of not paying those that make their sales for them. Details are available here.
The ownership question has already been settled without possibility of further contention. The documents were notarized, signed by judges, and red-ribbon certified by the Department of Foreign Affairs of the Philippines. A letter from the executive branch of the SBMA was sent to Tara Energy.
All this in complete compliance to their demands for evidence of ownership.
Yet all it apparently took was Bas making a completely false claim that he still had “ongoing legal cases” against the rightful owners of My Cyberstaff, Inc. for Tara to then continue to deny payment.
Shawna Dixon sent the following in an email to Roy Anderson:
“Both Roy and Bas have stated that each has a case (or cases) against the each other in the Court of Olongapo claiming ownership of shares of MyCyberStaff. As stated in my January 18, 2017 letter, Tara Energy wishes to pay the commissions owed under the assignment agreement between Current Utilities and My CyberStaff dated October 1, 2014 and terminated May 19, 2015. These commissions are being held at the request of My CyberStaff, pending settlement of a dispute of ownership of My CyberStaff”.
My Cyberstaff, Inc. according to judges, the Philippines SEC (Security and Exchange Commission) and the SBMA are clearly majority owned by Roy Anderson.
The evidence from said judges, SBMA and the SEC were all “red-ribbon” certified by the Philippine Department of Foreign Affairs.
These were then sent to Shawna Dixon and Cori Novy (the company in-house counsel).
However, apparently Mr. Derksen’s claim without possible evidence is more conclusive to them than certified documents and the words of the SBMA, the SEC and the Judges involved.
My Cyberstaff, Inc. is certainly NOT requesting that Tara withhold payment to the legitimate My Cyberstaff, Inc. Corporation despite their claim in the letter.
Response to Tara/Just Energy’s illegal refusal to pay
Consequently, a criminal charge was filed against Bas Derksen, Murto Nel, Shawna Dixon of Tara Energy and Cori Novy of Tara Energy by My Cyberstaff, Inc. for the conspiracy to not pay the owed residual income.
Current Utilities, Inc. and My Cyberstaff, Inc. believe it is clear that Tara is in collusion with Nel and Derksen.
Immediately after Tara again refused to pay despite clear evidence of ownership as per their request, an email was sent by Bas Derksen to Roy Anderson making an offer.
The offer was that if Roy Anderson dropped all legal cases against Murto Nel and Bas Derksen, that he (Bas) would instruct Tara to pay the owed residuals.
The exact quote being:
“We agree to let you have the outstanding amount from Tara Energy and will inform them of that decision once you cancel all court cases and related warrants (we will cancel ours), release Mr. Ellick and delete all bad postings from all media”. (emphasis is theirs)
It is unclear what “bad postings” Mr. Derksen refers to except perhaps this website.
Tara Energy is owned by Just Energy, a controversial Energy Company from Canada. More information is available about Just Energy here.
Leading up to the First Conviction against Murto Nel
On the 22nd of February Murto failed to attend Court.
The Court Hearing was for presentation of testimony in Branch 2, Municipal Court, Olongapo city. This was for the case filed by Jessabel against Murto Nel for falsification of her signature on bank documents.
As such, his bail bonds of PHP12,000 and PHP6,000 were cancelled and a warrant was again issued for his arrest. The court ordered that the trial continue in absentia. A pdf of the court transcript is available here.
On the 7th of March, 2017 the NLRC mailed a notice to the relevant parties in the NLRC case against Murto and Bas.
The notice was 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.
Murto’s appeal was dismissed.
Utilstaff, Inc. was a company Murto Nel and Bas Derksen set up. It was created 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.).
So far, despite the overwhelming information negating Mr. Nel and Mr. Derksen’s fictitious claims of owning My Cyberstaff, Inc., Just Energy, Inc. is continuing to deny payment to the legitimate owners of My Cyberstaff, Inc.
Criminal Case filed against Shawna Dixon, Cori Novy of Just Energy, Inc.
The criminal case filed against Murto Nel, Bas Derksen, and Cori Novy, Shawna Dixon of Just Energy, Inc.
It was filed in the Third Regional Division Court in Olongapo.
It has now been raffled and subpoenas have been issued to the relevant parties to provide their explanations.
Decision in 15-006
On June 30, 2017 regarding SEC Case 15-006, the Judge ordered as following in his decision:
- 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.
Both parties filed appeals. On the 20th of February, Nel et al’s. appeal was rejected (Copy of Resolution is here). The appeal of Roy Anderson et al. continues.
In September 2018 a Partial Decision was rendered making the earlier resolution rejecting Murto’s appeal final and executory.
Carnapping
On the 18th of June, 2017 the Prosecutor’s office resolved to prosecute Murto Nel for the crime of Carnapping. The complete resolution can be viewed here.
Murto Nel’s strange friendships
While in the Philippines, Murto became friends with a man known as John Nash. John Nash claimed to be an American Attorney who was later arrested. Murto has used his friendship with John Nash as a means of threat. Information about Mr. Nash can be found in this fascinating account of drug-running, arms-dealing, murder and other assorted crimes called “The Mastermind“. It’s a fascinating story about the Philippines.
Whether Nel has any sway or influence with Nash remains to be seen, however.
Nel’s other accomplice, Quinton Ellick, has some interesting civil cases against him in the USA as well. These cases involve defrauding the elderly.
The case can be read about here.
Libel Case dismissed
On September 6, 2017 the Cyber Libel case Murto Nel filed against Roy Anderson was dismissed by the courts.
Trespassing Case filed by Derksen Dismissed
On December 14 2017, I.S. No. III-10-INV-163-01245, Bas Derksen filed a case against previous employees that had sued Nel and Derksen in the Labor Courts and won.
The case he filed was for trespassing on his property when they went there accompanied by the Sheriff to serve papers on him.
The case was dismissed.
The Prosecutors office stating:
“A judicious viewing and assessment of the video footage provided by the complainant belies that there was an entry into his dwelling place”.
The Full ruling can be seen here.
Access Fraud Case recommended for Prosecution
I.S. NO. III-10-INV-16I-01216 FOR Access Fraud against Murto Nel and Bastiaan Derksen has now been recommended for prosecution. Arrest warrants against both Nel and Derksen will be issued shortly.
This case is in relation to Nel and Derksen using the personal bank account of Jessabel Balutan. The account was used to purchase a company in the USA.
The accusation includes an accusation of draining her account of funds for their own personal use.
Jessabel Balutan was the previous company corporate secretary. That resolution is here.