Prosecutor sustains ruling vs 3 Romanian ATM ‘skimmers’

The Cebu City Prosecutor's Office has upheld its earlier ruling against three suspected foreign skimmers.

“The office maintains the correctness of the recommendation made by the City Prosecutor of Cebu City,” said the prosecution through assistant city prosecutor Van Russel Inopiquez.

He was referring to Deputy City Prosecutor Maria Theresa Casiño’s decision recommending no bail against Romanians Costel Ion, Ionut Alexandru Mitrache, and Razvan Aurelian Stancu.

The three are currently detained at the Cebu City Jail in Barangay Kalunasan.

Ion, Mitrache and Stancu are accused of skimming of automated teller machines of the Land Bank of the Philippines.

Through their legal counsel, the suspects filed an urgent motion to post bail before Judge Ramon Daomilas of Regional Trial Court Branch 11, claiming bail is now a matter of right to them and not court’s discretion.

“Since only the penalty imposable in this case is within the range of prison mayor (6 years and 1 day to 12 years), if convicted, then all 3 accused in this particular case can enjoy the right to bail as a matter of right regardless of nationality, color or creed,” read the motion.

Last year, the Office of the Cebu City Prosecutor elevated to the court the case for violation of Article 308 (theft) in relation to Article 309 of the Revised Penal Code (with a higher penalty under Section 4(a) (l) and Section 6 of Republic Act 10175 or Cybercrime Prevention Act against the three accused after finding probable cause.

Inopiquez, in a one-page comment, said their office was correct in their recommendation of no bail against the three accused.

“Under Revised Penal Code, the crime charged carries the imposable maximum penalty of reclusion temporal. Since their acts also constitute for violation of RA 10175, the penalty to be imposed shall be one degree higher than that provided for by the Revised Penal Code, that is reclusion perpetua,” he said.

Under the law, those charged before the court that carries the imposable penalty of reclusion perpetua or 20 to 40 years of imprisonment, bail is not a matter of right.

The Romanian nationals’ motion to post bail was submitted for resolution.

KBQ