Court allows bail for ATM 'skimmers'

CEBU, Philippines — The Regional Trial Court in Cebu City has allowed the three Romanian nationals accused of ATM skimming to post bail.

RTC Branch 11 Judge Ramon Daomilas granted the petition for bail filed by Costel Ion, Ionut Alexandru Mitrache, and Razvan Aurelian Stancu after finding it meritorious.

The three accused claimed that allowing them to post bail is now a matter of right and not solely court’s discretion pursuant to the Republic Act 10951 or the Act adjusting the amount or the value of property and damage on which a penalty is based and the fines imposed under the Revised Penal Code. Daomilas set the bail at P300,000 each.

 “After evaluating the arguments posed by the parties, the court finds the motion to post bail meritorious,” the court ruled.

Ion, Mitrache, and Stancu were charged with theft after they were identified as suspects in the stealing of P150,101 from the automated teller machine of Land Bank of the Philippines.

The Cebu City Prosecutor’s Office earlier recommended no bail for them.

 However, Daomilas said that after the RA 10951 was passed and took effect on August 29, 2017, bail is now considered a matter of right for the accused since the law had retroactive effect.

In the amended provision, the penalty of those who will be found guilty of theft is only prison correctional in its minimum (from six months and one day to two years and four months) and medium periods (from two years, four months, and one day to four years and two months), if the value of the property stolen is more than P20,000 but does not exceed P600,000.

 “In view of these provisions, the court is constrained to apply the same to this instant case. And, following Section 4, Rule 114 of the Rules of Criminal Procedure, bail becomes a matter of right to the three accused before their conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment,” read the omnibus order.

The court, however, denied their motion to quash the information and dismiss the case for lack of merit.

 Daomilas said that despite the affidavit of desistance by the private complainant, the prosecution was not entirely deprived of its ability to prove the case beyond reasonable doubt.

Private complainant Marie Fe Frances Seville-Ang informed the court that she is no longer interested in pursuing the case.  She earlier sought the assistance of the National Bureau of Investigation (NBI)-7 after she discovered unauthorized withdrawal from her account in the total amount of P150,101 resulting in the arrest of the accused.

Lawyer Rameses Victorious Villagonzalo, legal counsel of the accused, said they were very happy of the ruling of the court. He said his clients will immediately post bail as soon as the needed amount is available. The three accused had been in detention at the Cebu City Jail for 19 months already.— FPL (FREEMAN)