REPUBLIC OF THE PHILIPPINES)

CITY OF ________________ ) S.S.

COMPLAINT-AFFIDAVIT
I, JOJESLYN JOY A. LAZO, of legal age, Filipino, with address at c/o
Ponferrada Ty Law Offices, 22C Ayala Tower One and Exchange Plaza, Ayala
Triangle, Makati City, after being duly sworn in accordance with law, hereby
depose and state:

1. The instant Affidavit is in support of the application for the

issuance of a search warrant for the search and seizure of the Netteller ATM
cards, letters in connection with Netteller, computers, cash dollars, and other
similar properties at 1493-C, A. Mabini Street, Barangay 10, Caloocan City, which
were used, are being used, and/or intended to be used, as the means to commit
the crime of qualified theft, or which constitute as the proceeds or fruits of the
said crime.

2. I am the treasurer and chief financial officer of WBPO, INC.

(“WBPO”), a corporation duly organized and existing under Philippine laws,
with office address at Suite 708, Ayala Tower One and Exchange Plaza, Ayala
Triangle, Makati City.1

3. WBPO is engaged in business process outsourcing and also

performs computer-enabled support and other information-technology related
services for its clients.

4. Sometime in late 2011, WBPO was retained by a Corporation based

in Hong Kong to perform information technology services including internet
marketing and investment arbitrage.

4.1. Arbitrage is the practice of taking advantage of a

price difference between two or more markets by striking a
combination of matching deals that capitalize upon the imbalance,
the profit being the difference between the market prices.

4.2. WBPO opened several online Neteller Bank Accounts

for the purpose of investment arbitrage.

4.3. Contractors who were hired for the investment

arbitrage department were given access to these Neteller Bank
Accounts which were funded with United States Dollars. They
were also given Gmail accounts which correspond to these Neteller
Bank Accounts.

4.4. WBPO controls the usernames and passwords to both

the Neteller and Gmail accounts.

5. WBPO hired several contractors to aid in providing investment

arbitrage services and assigned them to the investment arbitrage department.
1
WBPO’s Certificate of Incorporation dated 23 February 2012 and its supporting
documents are attached as Annex “A” hereof.
 2

6. In March 2012, WBPO hired respondent MARK ANTHONY DE

LEON DIZON (“Dizon”) as an information-technology contractor to help
perform investment arbitrage services.2

7. The functions and duties of respondent Dizon was to utilize a

special computer program which tracks areas for investment arbitrage.
Thereafter, he was tasked with utilizing various websites to take advantage of
arbitrage opportunities as identified by the computer program.

8. Respondent Dizon was also tasked to oversee a team of other

contractors who would engage in investment arbitrage services.

9. WBPO provided respondent Dizon with access to the company’s

Neteller Bank Accounts to be used for the utilization of various websites for
WBPO’s clients. Each contractor under him was also assigned a Neteller Bank
Account and respondent Dizon was also given access to these accounts as a
security measure.

10. Respondent Dizon was allowed to work from his homes and to use
his own computers.

11. Respondent Dizon was required to give weekly status reports as to

the results of this team as well as status of the Neteller Bank Accounts.

12. From March to September 2012, a total of $_______________was

deposited by WBPO (through its officers namely, Mr. Shigeji Matsumaru and
Ms. Jojeslyn Lazo) into the Neteller Account assigned to respondent Dizon to be
used for investment arbitrage.3

13. Sometime in September 2012, WBPO noticed that respondent Dizon

had ceased to give his weekly status reports to WBPO regarding the tasks
assigned to him.

14. Several of his team members, namely, Mr. Ramon Roca, Mr. Eric
Galang and Ms. Genine de Guzman, also informed WBPO that respondent Dizon
had been hacking into their assigned Neteller Bank Accounts and transferring
sums of money to his own assigned Neteller Bank Account. 4

15. When I tried to access the Neteller Accounts and Gmail account
assigned to respondent Dizon to check the balance of WBPO’s money, I
discovered that the passwords had already been changed without the
Corporation’s permission!

16. I immediately called respondent Dizon at his given contact

numbers but he refused to answer.

17. Afterwards, I visited his residence at 1493-C, A. Mabini Street,

Barangay 10, Caloocan City and I was able to talk to him.
2
The Resume and Contract of Employment of respondent Dizon is attached as Annexes
“B” and “C” respectively.
3
Screenshots involving the fund transfers to the Neteller Accounts are attached as Annex
“D” while the Confirmation of Transferred Amount is attached as Annex “E”.
4
Screenshots involving the fund transfers to the Neteller Account of respondent Dizon is
attached as Annex “F”
 3

18. I demanded that respondent Dizon surrender the current

usernames and passwords of his Neteller Bank Account and Gmail account.
Respondent Dizon admitted that he had changed the usernames and passwords
of WBPO’s Neteller Account and Gmail Account by means of his own computer
which I saw while inside his residence. However, he refused to give the said
usernames and passwords.

19. I also discovered that respondent Dizon had requested and

received a Neteller ATM card from Neteller. The Neteller ATM card allows the
cardholder to withdraw money at any ATM or to use the money at an online
retailer!

20. Our lawyer then sent a demand letter dated 11 September 2012 to
respondent Dizon to formally inform him of the charges against him. 5

21. It is clearly established that respondent Dizon stole the

Corporation’s money in its bank accounts by changing the password of the
Neteller Bank Account (thereby preventing the Corporation from
accessing/withdrawing the money) and using the Neteller ATM cards (to
misappropriate the funds) to the prejudice of WBPO.

Respondent Dizon Is Guilty Of The Crime Of

Qualified Theft Defined Under Article 310 In
Relation to Article 308 Of The Revised Penal
Code.

22. The elements of Qualified Theft include the elements of Theft,

which is defined in Article 308 of the Revised Penal Code, and any of the
circumstances enumerated in Article 310 of the Revised Penal Code.

23. Articles 308 and 310 of the Revised Penal Code provides:

“ARTICLE 308. Who are Liable for Theft. — Theft is committed

by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take
personal property of another without the latter’s consent. xxx

ARTICLE 310. Qualified Theft. — The crime of theft shall be

punished by the penalties next higher in degree than those
respectively specified in the next preceding article, if committed by
xxx with grave abuse of confidence xxx.”

24. As can be gleaned from the foregoing, the elements of Qualified

Theft are as follows:

a) Taking of personal property;

b) That the said property belongs to another;

c) That the said taking be done with intent to gain;

5
A copy of the Demand Letter dated 11 September 2012 is attached as Annex “G”.
 4

d) That it be done without the owner’s consent;

e) The it be accomplished without the use of violence or

intimidation against persons, nor force upon things; and

f) The taking was done under any of the circumstances

enumerated in Article 310 of the RPC, i.e., with grave abuse of
confidence. [Matrido vs. People of the Philippines, G.R. No.
179061, 13 July 2009]

25. In the instant case, the crime of Qualified Theft is clearly

established.

26. First, respondent Dizon unlawfully took the personal property/

monetary funds of WBPO located in its Neteller Accounts.

27. Second, the money in the Neteller accounts belongs to the

Corporation.

28. Third, intent to gain or animus lucrandi is an internal act that is

presumed from the unlawful taking by the offender of the thing subject of
asportation. [Matrido vs. People of the Philippines, supra]

29. Fourth, respondent Dizon took the money of WBPO without

authority nor consent thereof. The same was not part of his functions and duties
as a contractor.

30. Fifth, the taking was accomplished without the use of violence or
intimidation against persons, nor force upon things, but through the use of
illegally acquired Neteller ATM cards and unauthorized online transactions.
Moreover, the Corporation has been denied access to its Neteller accounts
assigned to respondent Dizon through the changing of usernames and
passwords.

31. Sixth, the presence of the sixth element, i.e., the said taking was
done with grave abuse of confidence, is clearly present.

32. As a Contractor of WBPO, respondent Dizon made use of his

position and special access to steal the amounts belonging to WBPO. His position
as a team leader entailed a high degree of confidence reposed by WBPO as he
had been granted access to his team members’ WBPO Neteller Accounts. Such
trust and confidence was clearly gravely abused when he hijacked the Neteller
Accounts of his team members and transferred the same to his own assigned
Neteller Account. He then proceeded to change the passwords of the said
Neteller Account without WBPO’s permission and stole the money therein
through the use of illegally acquired Neteller ATM cards and/or unauthorized
online transactions. [See Matrido vs. People of the Philippines, supra]

33. I am executing this affidavit to attest to the truth of the foregoing

and for the purpose of filing a complaint for Qualified Theft and/or other crimes
against respondent Dizon.
 5

34. Respondent Dizon may be served with subpoena and other

processes at his residence at 1493-C, A. Mabini Street, Barangay 10, Caloocan
City.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of

September 2012 in the City of Makati, Metro Manila.

JOJESLYN JOY A. LAZO

Affiant