THE Regional Trial Court (RTC) Branch 11 in Cebu City has dismissed the criminal case against three Romanian nationals accused of stealing over P150,000 from a Land Bank of the Philippines (LBP) account through ATM skimming, citing insufficiency of evidence.
The accused, Ion Costel, also known as “Alin Dumitru Chirita” and “Daniel Dawis”; Ionut Alexandru Mitrache; and Razvan Aurelian Stancu, were charged with violating Section 9(c) of Republic Act (RA) 8484 in relation to Section 4(a)(1) of RA 10175.
The charges stemmed from alleged unauthorized withdrawals from LBP accounts at the Capitol Branch on Escario St. and the Banilad extension office in Cebu City in February and March 2017.
According to the amended information, the accused, allegedly acting in conspiracy with another individual identified as Mircea Iordan a.k.a. “Josef Gal,” used cloned ATM cards and skimming devices to illegally access accounts, including that of Marie Fe Francis W. Seville-Ang, resulting in a total unauthorized deduction of P150,101.
The case began after multiple depositors at LBP Capitol and Banilad extension offices reported unusual ATM transactions. Diebold technicians who inspected the Banilad ATM found adhesive traces, suggesting that a skimming device had been installed and removed.
CCTV footage revealed a Caucasian man conducting multiple transactions using different cards at odd hours, behavior considered highly unusual and suspicious.
Withdrawals
Branch manager Monico Balingit and security guard Ahmed Masong later testified that the suspect had used several ATM cards, withdrawing significant amounts in quick succession.
Balingit noted that one withdrawal involved P50,000 at Land Bank Bacolod and another P100,000 from other banks’ ATMs.
However, during the trial, both witnesses admitted they only had a side view of the person on CCTV and could not positively identify the accused.
Moreover, crucial CCTV footage and evidence were not admitted due to improper marking and the absence of the USB containing the recordings.
The National Bureau of Investigation (NBI) conducted further investigation, tracing the accused to units 605 and 2010 of Padgett Place Condominium in Lahug, Cebu City.
Acting on search warrants, NBI agents recovered items linked to alleged skimming activities, including passports, laptops, microchips, clothing and cash totaling around P30,000.
The NBI also identified a red Ford Mustang with a horse logo, reportedly used by one of the suspects. Surveillance and witness accounts described the suspects’ movements, including entering the condominium and leaving in the vehicle.
Inconsistencies
Despite the recovery of these items, the court noted inconsistencies in the handling of the search warrants. Both warrants bore the same serial number, creating ambiguity over which units were to be searched.
Additionally, the seized items, including the red Mustang, were not explicitly listed in the warrants.
In its decision dated Nov. 28, 2025, the RTC ruled that the prosecution failed to establish the identity of the accused as the individuals responsible for the ATM withdrawals.
The court emphasized that the prosecution relied heavily on circumstantial evidence and testimony that were insufficient to prove the crime beyond reasonable doubt.
The ruling noted:
Branch manager Balingit admitted he had no personal knowledge of the actual withdrawals.
Security guard Masong’s suspicions were based on second-hand information and the appearance of the red Mustang.
Crucial CCTV footage was missing from evidence.
Search warrants carried procedural ambiguities.
No direct link was established between the seized items and the alleged ATM transactions.
“Considering the totality of the evidence admitted, the Court is constrained to conclude that the prosecution failed to establish and substantiate its claims. The evidence on record leaves the Court with nothing more than suspicion and conjecture,” the RTC said in its order.
The accused, who posted bail of P120,000 each, had pleaded not guilty in October 2017. With the dismissal, the RTC granted their Demurrer to Evidence, effectively ending the five-year legal saga surrounding the alleged skimming operation. / CAV