crimes in the Philippines

Julian Ongpin asks La Union court, DOJ to dismiss drug charge

Rappler.com

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Julian Ongpin asks La Union court, DOJ to dismiss drug charge

DRUG CHARGE. Julian Ongpin.

Philippine National Police-Ilocos Region

(1st UPDATE) The tycoon's son argues that there isn't enough evidence to establish probable cause in the drug case against him

A tycoon’s son who is being implicated in the death of contemporary artist Bree Jonson at a La Union hostel asked a court in that province to defer the issuance of an arrest warrant related to the drug possession charge against him, or dismiss the complaint outright.

Julian Ongpin filed a 16-page motion on Thursday, October 21, before a regional trial court in San Fernando City, La Union, seeking the suspension of the proceedings.

Ongpin is the son of businessman and former trade secretary Roberto Ongpin.

The younger Ongpin’s lawyer, Dennis Manalo, argued that their camp has not yet been given a chance to file a motion for reconsideration or a petition for review over the complaint filed by the Department of Justice (DOJ).

Ongpin’s camp claimed that they have yet to receive a copy of the DOJ’s resolution. They also said they have 15 days from receipt to file a motion or petition questioning the indictment.

“To deny petitioner’s claim for a preliminary investigation would be to deprive him of the full measure of his right to due process. Hence, if there is a pending motion for reconsideration or motion for reinvestigation of the resolution of the public prosecutor, the court may suspend the proceedings upon motion by the parties,” their motion states.

The DOJ indicted Ongpin for illegal possession of drugs after cocaine was found inside the room he shared with Jonson at the Flotsam and Jetsam hostel in San Juan, La Union. Both Ongpin and Jonson tested positive for drugs.

Jonson’s lifeless body was found in their room last September 18. Ongpin claimed that Jonson took her own life.

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What we know so far: The case of Bree Jonson

What we know so far: The case of Bree Jonson

Ongpin also asked the court to dismiss the drug possession charge for lack of probable cause, or to order the DOJ to present more evidence within five days from notice.

He argued that there is not enough evidence to establish probable cause.

“[While] the DOJ conceded that the subject drugs were not in the ‘actual possession’ of the accused, it jumped to the conclusion that the subject drugs were in the ‘constructive possession’ of the accused,” said Ongpin’s camp in their motion.

“This leap in logic and evidence is judicially unacceptable there being a demonstrable absence of any proof the subject drugs were in his possession, dominion, or control.”

His camp also said the DOJ “was unable to present any evidence that the accused is the owner, custodian, or possessor, of the black pouch, brown pouch, or white pouch or bag, where the subject drugs were supposedly recovered.”

Petition for review

Ongpin’s camp later filed a petition for review before the Office of the Justice Secretary on Wednesday, November 3, again seeking the dismissal of the drug case filed against him in La Union as well as the lifting of the precautionary hold departure order issued against him.

In that petition, Manalo reiterated there was no evidence that Ongpin was in possession of the drugs. He also said police failed to follow the chain of custody rule when they seized the supposed evidence.

Ongpin’s camp said Section 21 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act requires the police to conduct an inventory and take photos of the evidence in the presence of the accused or his lawyer, representatives from the media and the DOJ, and any elected public official who must sign copies of the inventory.

“Since the SOCO (Scene of the Crime Operatives) team did not strictly adhere to the chain of custody rule, the complaint filed against Ongpin should have been dismissed since the circumstances under which the subject drugs were seized show that there was no justification for not complying with the mandatory guidelines implementing the chain of custody rule,” the petition reads.

Police temporarily released Ongpin pending investigation. Jonson’s family questioned the move, arguing that illegal drug possession is supposed to be a non-bailable offense. – Rappler.com

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