RTC Cebu Dismisses Criminal Case Against Three Romanian Nationals in ATM Skimming Dispute

The Regional Trial Court (RTC) Branch XI in Cebu City has dismissed the criminal case against three Romanian nationals accused of illegally withdrawing more than P150,000 from Land Bank of the Philippines (LBP) accounts through ATM skimming.

The accused—Ion Costel (also known as "Alin Dumitru Chirita" and "Daniel Dawis"), Ionut Alexandru Mitrache, and Razvan Aurelian Stancu—were charged under Section 9(c) of Republic Act 8484 in connection with Section 4(a)(1) of Republic Act 10175 following unauthorized withdrawals from LBP accounts at the Capitol Branch on Escario Street and the Banilad Extension Office in Cebu City during February and March 2017.

According to amended information, the defendants conspired with another individual identified as Mircea Iordan alias "Josef Gal" to use cloned ATM cards and skimming devices to gain unlawful access to account information. The fraudulent transactions targeted several accounts, including that of Marie Fe Francis W. Seville-Ang, resulting in total unauthorized deductions amounting to P150,101.

The case arose after multiple LBP depositors reported suspicious ATM activities. Diebold technicians who inspected the Banilad ATM discovered evidence of a skimming device that had been installed and removed. Security camera footage showed a Caucasian male conducting numerous transactions with different cards during unusual hours, raising suspicions.

Branch Manager Monico Balingit and security guard Ahmed Masong testified that the suspect used multiple ATM cards to withdraw large sums consecutively, with one transaction totaling P50,000 at Land Bank Bacolod and another P100,000 at other banks.

However, during the trial, witnesses conceded that the CCTV only provided side views of the individual, making it impossible to conclusively identify the accused as the culprit. Crucially, vital CCTV recordings were rejected as evidence due to improper marking and the removal of the USB drive containing the footage.

An investigation by the National Bureau of Investigation (NBI) traced the accused to units 605 and 2010 of Padgett Place Condominium in Lahug, Cebu City. Search warrants executed on these units led to the recovery of items linked to skimming activities, including passports, laptops, microchips, clothing, and cash totaling approximately P30,000. The NBI also identified a red Ford Mustang with a horse emblem believed to be used by one of the suspects.

Surveillance and witness statements described the accused's movements, including entering the condominium and leaving in the vehicle. Nonetheless, the court noted procedural ambiguities surrounding the search warrants, which shared the same serial number, causing confusion as to which units were subject to search. Additionally, the seized items, including the Mustang, were not clearly itemized in the warrants.

On November 28, 2025, the RTC ruled that the prosecution failed to definitively prove the accused's identity as the perpetrators of the unauthorized ATM withdrawals. The court highlighted the prosecution's reliance on circumstantial evidence and testimonies deemed insufficient to establish guilt beyond reasonable doubt.

"Branch Manager Balingit admitted lacking firsthand knowledge of the actual withdrawals," the decision stated. "Security Guard Masong's suspicions were based on hearsay and the appearance of the red Mustang."

The crucial CCTV evidence was excluded from the record, and inconsistencies related to the search warrants compounded doubts. There was no direct connection established between the seized items and the alleged ATM transactions.

The defendants had posted bail of P120,000 each and pleaded not guilty back in October 2017. With the dismissal, the RTC granted the defendants' Demurrer to Evidence, concluding the charges were unsubstantiated.

This decision underscores the judiciary's standard of requiring clear, direct evidence in prosecuting cybercrime-related offenses such as ATM skimming.