JULIAN Roberto S. Ongpin has asked the Department of Justice (DOJ) to reverse the resolution issued by a panel of prosecutors that found probable cause to indict him for possession of illegal drugs.
In a 32-page petition for review filed before the Office of the Justice Secretary, Ongpin’s camp also asked for the withdrawal of the drug case filed by the panel before the Regional Trial Court of San Fernando City, La Union, Branch 27 as well as the lifting of the precautionary hold departure order (PHDO) issued against him by the executive judge of the said court last October 8.
Ongpin’s camp through legal counsel Dennis P. Manalo argued that the panel had no evidence to support its findings that the respondent was in possession of the subject drugs and that it ignored “the gross and substantial violation of Section 21 of Republic Act (RA) 9165 or the Dangerous Drugs Act of 2002 also known as the Chain of Custody Rule” by police investigators.
Ongpin, son of businessman-billionaire and former Trade Secretary and businessman Roberto V. Ongpin, was specifically charged with violation of Section 11 of RA 9165 or the Comprehensive Dangerous Drugs Act of 2022 after two preliminary investigation hearings by the panel.
The case stemmed from the recovery of 12.6 grams of cocaine in the room that Ongpin shared with his girlfriend 30-year-old Bree Jonson at the Flotsam and Jetsam Resort in La Union last September 18.
The cocaine was discovered after authorities responded to a report of attempted suicide at the resort and found Jonson unconscious in a room.
Jonson was brought to the Ilocos Training and Regional Medical Center where she was pronounced dead on arrival.
Ongpin claimed that Jonson committed suicide as he found her hanging inside the bathroom, prompting him to seek assistance in bringing the latter to the hospital.
Both Ongpin and Jonson reportedly tested positive for illegal drug use.
Ongpin’s camp argued that based on the close circuit television (CCTV) video footage and photographs submitted by the Scene of the Crime Operatives (SOCO) and PSMS Uriel Yaranon, the black pouch that reportedly contained the illegal drugs was on the second bed of the room SV2 of the Floatsam and Jetsom Hostel.
Inside the black pouch there was a small brown pouch that contained eight sealed transparent sachet containing white substances while the white pouch contained 10 sealed plastic sachet of white powder substance.
The illegal substance allegedly seen in the bag contained the medication of Jonson, whose full name is Breanna Patricia Jonson Agunod.
Only Ongpin and his 30-year-old girlfriend Jonson occupied room SV2 at that time.
Ongpin’s lawyers said the panel had no evidence to support its findings that Ongpin was in actual possession of the subject illegal drugs and merely said that he had “constructive possession” of the illegal drugs.
“This leap in logic and evidence is judicially unacceptable there being a demonstrable absence of any proof that the subject drugs were in his possession, dominion or control. Indeed, the panel was unable to cite any evidence that that respondent-appellant is the owner, custodian, or possessor of the black pouch, brown pouch or white pouch or bag, where the subject drugs were supposedly ‘recovered,’” Ongpin’s camp said.
“The evidence relied upon by the panel does not establish probable cause that respondent-appellant was in possession of the subject drugs,” they added.
Ongpin also reportedly had no knowledge of the existence of the pouch and bag where the illegal substance was found.
The petition for review also accused the panel of ignoring the blatant violation of Section 21 of RA 9165 or the Chain of Custody Rules committed by authorities who responded to the alleged crime scene.
Ongpin’s camp noted that Section 21 requires the apprehending team, after seizure and confiscation, to immediately conduct a physical inventory and photograph the same in the presence of the accused of the person from whom such items were confiscated and/or seized, or his/her representative or counsel; a representative from the media and the DOJ; and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof.
The seizure and confiscation of the pouch and bag should have triggered the application of the Chain of Custody Rule.
However, after seizing, marking, physical inventory and photograph of the said drugs were reportedly done without the presence of the accused or his representative or counsel, an elected official, a representative from the NPS or the media.
“Since the Soco 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 read.