Cebu RTC Dismisses ATM Skimming Case Against Three Romanian Nationals Due to Insufficient Evidence

The Regional Trial Court (RTC) Branch 11 in Cebu City has formally dismissed the criminal case against three Romanian nationals accused of stealing over P150,000 from Land Bank of the Philippines (LBP) accounts through alleged ATM skimming activities. The court ruled that the prosecution failed to provide sufficient evidence to tie the accused to the crime.

The accused—Ion Costel (also known as Alin Dumitru Chirita and Daniel Dawis), Ionut Alexandru Mitrache, and Razvan Aurelian Stancu—were charged with violations under Section 9(c) of Republic Act 8484, in conjunction with Section 4(a)(1) of Republic Act 10175, following unauthorized withdrawals from LBP Capitol and Banilad Extension offices in Cebu City in early 2017.

According to prosecution documents, the defendants, allegedly working in concert with another individual identified as Mircea Iordan (alias Josef Gal), used cloned ATM cards and skimming devices to illegally access multiple bank accounts, including that of Marie Fe Francis W. Seville-Ang, resulting in unauthorized cash withdrawals amounting to P150,101.

The case originated from reports of suspicious ATM transactions made by depositors at the two LBP branches, prompting investigations by banking and security personnel. Technicians from Diebold who inspected the Banilad ATM discovered adhesive residue, suggesting the installation and removal of a skimming device. CCTV recordings showed a Caucasian man performing several ATM transactions using various cards at unusual hours, behaviors deemed suspicious by security staff.

Branch Manager Monico Balingit and security guard Ahmed Masong testified that the individual used multiple ATM cards, including a P50,000 withdrawal at Land Bank Bacolod and another P100,000 from other banks’ machines. However, both witnesses acknowledged they only had side views from the footage and could not conclusively identify the suspects.

Further complicating matters, key CCTV videos were excluded from evidence due to improper documentation and the absence of the necessary USB device containing the recordings.

An investigation by the National Bureau of Investigation (NBI) traced the suspects to units 605 and 2010 of the Padgett Place Condominium in Lahug, Cebu City. Upon executing search warrants, agents recovered passports, laptops, microchips, clothing, and approximately P30,000 in cash, items allegedly connected to the skimming operation. The NBI also reported a red Ford Mustang with a horse emblem linked to the suspects.

Despite these findings, the court noted procedural irregularities with the search warrants, both bearing identical serial numbers, causing confusion over which condominium units were authorized for search. Additionally, the warrants did not specify the seizure of the red Mustang or other recovered items.

In its November 28, 2025 decision, the RTC emphasized that the prosecution did not conclusively establish that the accused were responsible for the unauthorized ATM withdrawals. The judgement highlighted that most evidence presented was circumstantial and insufficient to prove guilt beyond reasonable doubt.

Key points from the ruling include:

• Branch Manager Balingit lacked firsthand knowledge of the withdrawals.
• Security guard Masong’s testimony was based on indirect information and vehicle observations.
• Critical CCTV footage was missing from the evidence.
• Search warrants suffered from procedural ambiguities.
• No direct connections were made between seized items and the criminal acts.

The court concluded, "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 accused, who had posted bail of P120,000 each and pleaded not guilty in 2017, were granted a demurrer to evidence, effectively concluding the protracted five-year legal proceeding related to the alleged skimming case.