A Cebu City court has dismissed a criminal case against three Romanian nationals accused of stealing over P150,000 from Land Bank of the Philippines (LBP) accounts through ATM skimming, citing a failure by prosecutors to prove their guilt beyond reasonable doubt.
Charges and Alleged Scheme
In a decision dated November 28, 2025, Regional Trial Court (RTC) Branch XI granted the Demurrer to Evidence filed by the accused, effectively throwing out the case. The defendants were identified as Ion Costel (also known as Alin Dumitru Chirita), Daniel Dawis, Ionut Alexandru Mitrache, and Razvan Aurelian Stancu.
They faced charges for violating Section 9(c) of Republic Act 8484 in relation to Section 4(a)(1) of Republic Act 10175 (the Cybercrime Prevention Act). The case stemmed from unauthorized withdrawals from LBP accounts at the Capitol Branch on Escario Street and the Banilad Extension Office in Cebu City in February and March 2017.
Prosecutors alleged the accused conspired with another individual, Mircea Iordan alias "Josef Gal," using cloned ATM cards and skimming devices to illegally access accounts. One victim, Marie Fe Francis W. Seville-Ang, suffered unauthorized deductions leading to a total alleged loss of P150,101.
Investigation and Flawed Evidence
The investigation began after multiple LBP depositors reported suspicious ATM transactions. Technicians found adhesive residue on an ATM in Banilad, indicating a skimming device had been installed and removed.
CCTV footage reportedly showed a Caucasian man making multiple transactions with different cards at unusual hours. Land Bank Capitol Branch Manager Monico Balingit and Security Guard Ahmed Masong testified, with Balingit stating one withdrawal involved P50,000 from a Land Bank Bacolod account and another P100,000 from other bank ATMs.
However, during the trial, critical weaknesses in the evidence emerged. Both witnesses admitted they only saw a side view of the suspect on CCTV and could not positively identify the accused. The crucial CCTV footage and other evidence were not admitted in court due to improper marking and the use of a stray USB drive for the recordings.
NBI Raids and Procedural Errors
The National Bureau of Investigation (NBI) traced the accused to units 605 and 2010 at Padgett Place Condominium in Lahug, Cebu City. Through search warrants, agents recovered items allegedly linked to skimming, including passports, laptops, microchips, clothing, and around P30,000 in cash. A red Ford Mustang with a horse logo was also identified as being used by one suspect.
Despite these recoveries, the court noted serious inconsistencies in how the search warrants were handled. The two warrants bore the same serial number, creating confusion over which units were to be searched. Furthermore, the seized items, including the red Mustang, were not clearly listed in the warrants.
In its ruling, the court emphasized the prosecution's heavy reliance on circumstantial evidence was insufficient. It pointed out that Branch Manager Balingit had no personal knowledge of the actual withdrawals, and Guard Masong's suspicions were based on second-hand information and the car's appearance. No direct link was established between the seized items and the specific ATM transactions.
The accused, who had each posted a P120,000 bail and pleaded not guilty in October 2017, were freed following the case's dismissal.
