Ilocos police to seek reconsideration of junked drug raps vs Julian Ongpin
MANILA, Philippines — The Philippine National Police's office in the Ilocos region said it would file a motion for reconsideration on the junked drug case against Julian Ongpin, the scion of billionaire property developer and former trade secretary Roberto Ongpin.
This comes after regional trial court Judge Romeo Agacita Jr. dismissed the case against Ongpin, saying the court was constrained to dismissed the complaint for lack of probable cause to issue warrant of arrest against Ongpin, “in view of the utter non-compliance of the requirements" of the Comprehensive Dangerous Drugs Act of 2002.
Ongpin was the last person seen with late painter Bree Jonson, 30, who was found unconscious in a hostel room in San Juan, La Union, in mid-September before she was declared dead on arrival at a local hospital. She and Ongpin tested positive for drug use, according to police reports.
READ: Court junks drug case vs Julian Ongpin over lapse in evidence custody
In a statement sent to reporters Tuesday afternoon, Police Lt. Col. Abubakar Mangelen, information officer of Police Regional Office 1, said the PRO was coordinating with the Department of Justice for the filing of a motion for reconsideration.
"The recovery of drug evidence, 12.6 grams [of] cocaine was just incidental and to emphasize [that] the police response was not a drug operation," the statement read as it vowed "full support [for] this legal remedy."
"Unfortunately, the RTC did not consider these circumstances that led to the dismissal of the drug case. This is a very uncommon or peculiar case."
Police Regional Office 1 says it will file a motion for reconsideration on the junked drug case against Julian Ongpin, assures Jonson family of impartiality in its investigations @PhilstarNews pic.twitter.com/AXBwaJnpki
— Franco Luna (@francoIuna) November 16, 2021
What were the lapses the court flagged?
Section 21 of Republic Act No. 9165 outlines rules for the "Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment."
It reads:
(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s:
The court said that neither Ongpin nor his legal counsel or representative; or witnesses from the Department of Justice or the media or elective official was present during the marking and inventory of the seized items, nor was Ongpin present during the processing of the room where the drugs were found since he was then brought to the hospital for medical examination.
"No earnest effort was shown to comply with the provision," the court said, adding that arresting officers did not give justifiable ground for the absence of witnesses.
Mangelen added that the Regional Investigative and Detective Management Division was directed to review the lapses committed during the investigation of the incident. "We take the decision of the RTC as a learning lesson to the whole PNP," he said.
“We will look back. We will investigate how come this case was dismissed based on the mishandling of the evidence. We will review [and] we’ll look at [whether[ the procedures were followed,” newly minted PNP chief, Police Gen. Dionardo Carlos also said in an interview aired over ANC.
“If the investigator or evidence custodian failed to follow the procedure, then we’ll make him responsible. We’ll make him accountable for the mistake,” he added.
The court noted in its decision that the markings on the confiscated items "were not indicated with particularity," which it said "would only lead to the conclusion that during the marking and inventory proper, the plastic sachets were not marked at all."
It added that since neither Ongpin nor any witnesses were around during the discovery, "a stricter application of [Section 21] should have been observed in order to remove any doubt as to the source of the alleged discovered drugs."
Prosecutor General Benjamin Malcontento also said that the Department of Justice prosecution will file a motion for reconsideration.
Philstar.com reached out to the Jonson camp for comment. This story will be updated with their response.
READ: The court said it dismissed the case “for lack of probable cause to issue warrant of arrest against [Ongpin], in view of utter non-compliance of the requirements of Sec. 21 of [Republic Act 9165].” @PhilstarNews pic.twitter.com/NTKBCkUOvc
— Kristine Patag (@kristinepatag) November 15, 2021
— with a report from Kristine Joy Patag
This is a developing story. Check back for updates.
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