The Department of Justice will seek a reversal of the order of a LaUnion regional trial court that dismissed the charge of illegal possession of 12.8655 grams of cocaine filed against businessman-billionaire son Julian Robert Ongpin.
DOJ-National Prosecution Service Prosecutor General Benedicto Malcontento on Tuesday revealed that they would be filing a motion for reconsideration before the San Fernando, La Union Regional Trial Court (RTC) Branch 27 Judge Romeo Agacita Jr. “likely early next week”.
Subject of the DOJ’s motion for reconsideration is the decision of Judge Agacita dismissing the violation of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 against Ongpin, and subsequently ordered the lifting of the precautionary hold departure order issued against the accused.
Ongpin is the son of businessman Roberto Ongpin, who chairs Alphalandand served as trade minister during the administration of the lateformer President Ferdinand Marcos. (See full story online at manilastandard.net)
In its order dated November 15, 2021, the San Fernando City, La Union RTC resolved to dismiss the criminal complaint filed by the San Juan, La Union police against Ongpin after it found that police authorities failed to comply with the chain of custody rule, or the method of authenticating the evidence, in involving illegal drugs.
Applying the parameters and existing jurisprudence, the Court said, “the evidence on record readily manifests blatant non-compliance with the chain of custody rule.”
It noted that even at the start of the custodial link there already appeared “crucial lapses” that “substantially compromise the integrity of the alleged confiscated drugs.”
Section 21 of RA 9165 was also not observed. Ongpin was not present during the marking of evidence because he was brought by the police officers to the hospital for medical examination.
There were also no insulating witnesses such as representatives from the media or the DOJ or any elected official present.
There was also no justifiable grounds given by the arresting officers for the absence of the mandatory witnesses, not even attempts to call through phone call nearby barangay officials considering that the Barangay Hall of Barangay Urbiztondo, San Juan, La Union were just a few meters away from the Floatsam Jetsam Hostel.
The RTC also found the arguments of the prosecution that the police officers responded to a report of a “found dead body” and not illegal drugs as “unmeritorious”.
The lower court took note that the illegal drugs were not immediately marked at the time of the seizure. This flagrant lapse in the chain of custody placed serious doubts of the evidentiary value and integrity of the seized items.
Court records showed that at around 4 a.m. of Sept. 18, the hostel’s security officer Joselito Niebres heard a loud noise of a verbal tussle and checked on the incident. He saw the jalousie window at the southern side of the private room of Sea View (SW) 2 was broken and there was debris on the floor.
Ongpin opened the main door and said that his girlfriend, visual artist Breana Patricia “Bree” Jonson Agunod, allegedly committed suicide. When he entered the room, a woman was lying on the bed and Niebres called the San Juan Police Station.
The police’s Scene of the Crime Operation (SOCO) personnel arrived at the hostel at around 5:25 a.m. and reportedly collected several tablet-like medicines and powdered white substances placed in transparent plastic sachets believed to be illegal drugs.
The National Bureau of Investigation (NBI) is conducting a separate investigation to determine if there was foul play in the death of Jonson.