THE Department of Justice (DOJ) remains optimistic that the Regional Trial Court (RTC) of San Fernando, La Union would reconsider its decision dismissing the drug charges filed against Julian Ongpin.
“Prosecutors are always optimistic. However, we leave it to the sound discretion of the court,” Prosecutor General Benedicto Malcontento said.
The prosecutors have earlier filed a motion for reconsideration before the sala of La Union RTC Branch 27 Presiding Judge Romeo Agacita seeking the reversal of its decision issued last November.
Malcontento said the prosecution is expecting the trial court to decide on the motion for reconsideration within the month.
In its order, the trial court junked the possession of illegal drugs charges against Ongpin, widely known as the son of a billionaire, due to the “non-compliance” of authorities to the Chain of Custody Rule under Section 21 of the Republic Act 9165 or the Dangerous Drugs Act.
Judge Agacita said he is constrained to dismiss the case for lack of probable cause to issue a warrant of arrest against Ongpin due to the failure of authorities to preserve the integrity of the evidence against the latter as mandated under Section 21 of RA 9165.
The trial court noted that the alleged dangerous drugs were not immediately marked at the time of seizure, which puts into serious doubts the value and integrity of the seized items as evidence.
It also observed that no witnesses were present during the markings and inventory of the seized items, including the accused or his counsel or representative.
The arresting officers also failed to cite justifiable grounds for the absence of the mandatory witnesses in the affidavits submitted to support the filing of the case.
Ongpin, son of businessman-billionaire and former trade secretary and businessman Roberto Ongpin was specifically charged with violation of Section 11 of Republic Act No. 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 Flotsam and Jetsam Resort in La Union last September 18.
The cocaine was discovered after authorities responded to a report of an 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 upon 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.
The National Bureau of Investigation (NBI) is still conducting an investigation to determine Jonson’s cause of death and Ongpin’s possible liability over the incident.
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