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Filipina who took $3,200 left in ATM gets suspended 10-day sentence

25 November 2021

 By Vir B. Lumicao

The defendant took the money from a BOC ATM in Central

A 36-year-old domestic helper who admitted taking $3,200 left by a fellow Filipina helper at an ATM booth in Central in May, received a 10-day suspended sentence in Eastern Court today, Nov 25, after she returned the money to the victim.

Defendant R.C. Alvior cried in remorse as she appeared before Magistrate Ada Yim for the reading of the charge in court. She had been on police bail since her arrest on Oct 23.

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The prosecution said that at 11:05am on May 16, the victim, Ruby Eustaquio, 42, went to a Bank of China ATM booth at EuroTrade Centre, 13-14, Connaught Road Central to withdraw money.

Eustaquio entered the amount of $3,200 that she was withdrawing but forgot to take the cash when she left the machine in a hurry.

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Several minutes later, she realized she did not have the money she withdrew and enquired with the bank.

The bank reviewed the ATM transactions on the machine on that particular day and time and confirmed that the money was not retracted by the terminal and the withdrawal was completed. The bank reported the case.

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Investigators reviewed the CCTV footage on May 16 at the ATM booth and saw a segment that caught Alvior inserting her own ATM card in the terminal after taking the money.

The investigators unveiled the identity of the defendant, which led to her arrest on Oct 23. Under caution, the defendant admitted committing the offense out of greed and that she had used all the stolen money for her mother's medical expenses.

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The prosecution said the defendant had a clear record.

In mitigation, the duty lawyer representing Alvior said his client, a widow who is supporting her 11-year-old son and 75-year-old mother with lung ailment, came to Hong Kong in 2018 to work as a domestic helper.

The counsel said on the day of the offense, she went to the BOC ATM booth to withdraw money which she would send home for her mother’s medication.

The lawyer said at the time Alvior’s mother had tested positive for coronavirus infection despite being asymptomatic and needed money for her treatment so the defendant had to send money home.

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Alvior admitted she was driven by greed to take the money left in the cash dispenser before withdrawing from her own account.

The lawyer said his client was remorseful and wanted to compensate the victim for her lost money. He said the woman’s Pakistani boyfriend was in court to pay the amount.

Magistrate Yim told the defendant to go to the court cashier to pay the compensation. When Alvior returned with her boyfriend half an hour later, Yim imposed a 10-day sentence that was suspended for 12 months.

She said she discounted the sentence by one-third from three weeks due to the defendant’s guilty plea, and shortened further to 10 days for compensating the victim. 

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