Ongpin wants drug case dismissed, HDO lifted

MANILA, Philippines — Billionaire scion Julian Ongpin has asked the Department of Justice (DOJ) to dismiss the complaint for possession of illegal drugs filed against him, arguing that the cocaine recovered by police at a resort in La Union where visual artist Bree Jonson was found dead last September did not belong to him.

In a 29-page petition for review filed on Nov. 3, Ongpin urged Justice Secretary Menardo Guevarra to set aside the Oct. 18 resolution issued by the DOJ National Prosecution Service, which found probable cause to indict Ongpin for violating Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

Through his lawyer Dennis Manalo, Ongpin asked the DOJ to withdraw the drug charges he is facing before the La Union Regional Trial Court Branch 27 and to lift the precautionary hold departure order (HDO) issued against him on Oct. 8.

Ongpin, 29, son of businessman and former trade minister Roberto Ongpin, also opposed the gag order sought by the DOJ prosecution panel against him, saying it was a ploy to restrict his right to defend himself in court.

Ongpin’s camp pointed out that based on video footage and photos submitted by police scene of the crime operatives (SOCO), the black pouch that reportedly contained around 12.6 grams of cocaine belonged to Jonson.

His lawyer said the drugs were reportedly seen in the bag that contained Jonson’s medicines.

Both Ongpin and Jonson tested positive for cocaine use.

Ongpin said the DOJ panel found no evidence to support its findings that he was in actual possession of the illegal drugs.

“The DOJ prosecutors were unable to cite any evidence that the respondent-appellant is the owner, custodian or possessor of the pouch bag where the drugs were supposedly discovered,” the petition read.

Ongpin’s camp said the DOJ panel violated Section 21 of RA 9165 when it did not follow the Chain of Custody Rule, adding that during the inventory and markings of the evidence, only Joselito Niebres, duty officer of the La Union resort, was present.

Ongpin was reportedly not inside the hostel room when police found the drugs as he was taken to a hospital for a medical checkup.

Section 21 of the anti-drug law requires police to immediately conduct a physical inventory of the evidence and photograph the same in the presence of the suspect, his lawyer, a representative from the media and the DOJ as well as an elected public official who will sign the copies of the inventory.

“Since the SOCO team did not comply with the Chain of Custody Rule, the drug complaint filed against Ongpin should be dismissed,” the petition read.

An autopsy conducted on Jonson by the La Union police showed she died of asphyxia or loss of oxygen. She bore ligature marks on her neck.

Jonson’s relatives believe that the cause of her death was not drug overdose.

The National Bureau of Investigation conducted a second autopsy on Jonson to determine if there was foul play. The NBI has yet to release its findings.

The Bureau of Immigration has issued an HDO against Ongpin to prevent him from leaving the country.