“I have identified four reasons.”
“I have identified four reasons.”
In my past columns on the Ongpin case, where Julian Ongpin was indicted for the possession of prohibited drugs (cocaine) in a resort in San Juan, La Union, I, a lawyer, analyzed four elements showing why the case should be dismissed outright.
First, when the Department of Justice issued a commitment order whereby the accused, Julian, should be issued an arrest warrant for violation of Republic Act 6425, known as the Comprehensive Act on the Possession of Dangerous drugs, the DOJ deprived the accused of the customary 15-day MR or Motion for Reconsideration, thus, depriving him of due process. The DOJ commitment order to the RTC carried with it a warrant of arrest for alleged possession of Ongpin for over 10 grams of cocaine. This is a non-bailable offense.
Second, in a SOCO investigation of the room where Juluan and his alleged girlfriend stayed, the drugs were not found in his person or in actual possession of the accused of the drugs, but in a black pouch inside the handbag of Julian’s girlfriend. Since the drugs were found in the girl’s handbag, and since the law provides that the drugs must be in the actual possession of the accused, this raises reasonable doubt on the case against Ongpin. In criminal cases, the proof or evidence against the accused must be beyond reasonable. The moment there is an iota of doubt, the case against the accused falls flat, which necessitates the court to dismiss the case.
Third, when the SOCO made an inventory of the things on the beds of Julian and his girlfriend, the so-called chain of custody rule was broken because when the police made the inventory, the only other person who was there and witnessed their inventory was the duty officer of the hostel. The chain of custody rule required that not only must the accused be present, but an elective officer, a representative of the accused, the representative of the prosecutorial service, or a representative of the media. Thus, when the chain of custody rule was violated, the probable cause to indict the accused could cause the dismissal of the case. Ongpin at that time was in the hospital for a medical examination.
Fourth, all things considered, with the lack of probable cause to indict Ongpin in actual possession of the drugs, and with the chain of custody rule violated, there is reasonable doubt on the integrity of the indictment.
I repeat, the case must be dismissed outright.
What I find funny in this case is the gag order filed by the DOJ on the lawyer of Ongpin. The lawyer went to the media to discuss the merits of the case before the court of public opinion. Is that fair?
That gag order must instead apply to all: The police, the DOJ, NBI and even the lawyers of the woman companion of Julian. That’s only fair.
Thus, all things considered, the court must use its discretion and dismiss the case against Ongpin outright. It should also have the hold order against Ongpin lifted.
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We have seven months to go until elections and the anti-Marcos candidates continue to throw mud against him. He is the clear leader in poll surveys.
The second placer is Vice President Leni Robredo with 10.8 percent; with the third place, Manila Mayor Isko Moreno at 7.9 percent; on the fourth place, at 7.2 percent Senator Manny Pacquiao ; the fifth, Senator Ping Lacson at 2.5 percent and at the bottom of the heap, Senator Bato de la Rosa at 1.5 percent.
Take note of this: BBM was the top choice in all areas. In Luzon, BBM got 64.4 percent; in Visayas and Mindanao 78.8 percent. Santa Banana, no wonder the propaganda against him is relentless.
The last attempt to pull down Marcos is his alleged tax evasion case when he failed to file his ITR or income tax return when he was Ilocos Norte governor. Bongbong was found guilty by the Regional Trial Court but he appealed the case to the Court of Appeals, the RTC decision was affirmed, but the CA did not convict him for tax evasion. He was just fined. Thus, there was no tax evasion. In other words, the CA decision did not convict him of what they call “moral turpitude.” A fine does not carry with it a perpetual disqualification from holding public office.
The chairman emeritus of the Manila Times Dante Ang put it so well in his article that the case against Marcos is an assault on our intelligence. Being in public relations, Ang said that it was a clear black propaganda stunt, where PR experts say that “frame the issue; then define your opponent.” Ang said that it’s the typical, standard PR playbook. And that’s what BBM detractors are employing against Bongbong, now leading in the presidential race — by petitioning Comelec to disqualify him from the race.
Legal luminaries, especially UST College of Law Dean Nilo Divina said the petition against Marcos will collapse before the Comelec which is about to make its decision on the disqualification petition against BBM.
The usually non-political newspaper Manila Bulletin also in its poll survey came out with BBM leading the presidential race.
I am tempted to come out with a fearless forecast that our next President will be Marcos, especially if Sara Duterte-Carpio becomes his running mate. As they say in the vernacular, if it will be a Bongbong-Sara tandem, “tapos na ang boksing.”
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My gulay, with Alert Level 2 now in effect, I have fears that we may soon see another surge in COVID-19 cases as the holiday season sets in. I am praying that this won’t happen.