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La Union court junks drug charge vs Julian Ongpin

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Mike Navallo, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="Mugshot of Julian Ongpin after being arrested for drug possession in La Union on September 18, 2021 after the body of artist Bree Jonson was found in the room they were staying in. Ongpin was later released as authorities investigated the incident. PNP Police Regional Office 1 handout photo/file" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2021/life/10/26/20210921-ongpin-julian-mugshot-ho.jpg"/><figcaption>Mugshot of Julian Ongpin after being arrested for drug possession in La Union on September 18, 2021 after the body of artist Bree Jonson was found in the room they were staying in. Ongpin was later released as authorities investigated the incident. <em>PNP Police Regional Office 1 handout photo/file</em></figcaption></figure></div><p>MANILA <strong>(UPDATDE) </strong>— A La Union court has junked the illegal possession of drugs charge against Julian Ongpin, son of one of the Philippines&#x27; prominent tycoons.</p><blockquote class="twitter-tweet"><p dir="ltr" lang="en">San Fernando City, La Union RTC Judge Romeo Agacita, Jr. based the dismissal of drug charge vs Ongpin on non-compliance with chain of custody reqts under Sec. 21 of the Comprehensive Dangerous Drugs Act (RA 9165). Ongpin was accused of possessing more than 12 grams of cocaine. <a href="https://t.co/vzsfqo2eBd">pic.twitter.com/vzsfqo2eBd</a></p>— Mike Navallo (@mikenavallo) <a href="https://twitter.com/mikenavallo/status/1460186513262592006?ref_src=twsrc%5Etfw">November 15, 2021</a></blockquote><div><script async="" src="https://platform.twitter.com/widgets.js" charSet="utf-8" type="text/javascript"></script></div><p>The San Fernando City, La Union Regional Trial Court Branch 27 based the dismissal on the police’s failure to comply with the chain of custody requirements under section 21 of the Comprehensive Dangerous Drugs Act (RA 9165). </p><p>“[A]fter an independent assessment of the evidence on record which includes Resolution dated October 18, 2021 and supporting evidence, the Court is constrained to dismiss Criminal Case No. 14154 for lack of probable cause to issue warrant of arrest against accused Julian Roberto Ongpin y Stone, in view of the utter non-compliance of the requirements of Sec. 21 of R.A. 9165,” Judge Romeo Agacita, Jr. said in an order Monday.</p><p>Section 21 requires authorities to conduct an inventory of the seized illegal drugs in the presence of the accused or his/her representative or counsel with witnesses from the media or the Department of Justice and any elected public official.</p><p>The purpose is to ensure the identity and the integrity of the drugs seized against possible claims of planting of evidence. </p><p>The La Union court found that the police failed to comply with the first stage in the chain of custody rule on marking of evidence.</p><p>It said the alleged drugs were not immediately marked when they were seized, which created doubt as to the evidentiary value and integrity of the seized items. </p><p>The markings were only for the 2 pouches, not for the 18 plastic sachets where the supposed illegal drugs were seized. </p><p>The court also said there were no witnesses from the media, DOJ or an elected public official when the marking and inventory were conducted.</p><p>The police had sought to justify the absence of witnesses by arguing that the case initially involved an investigation on the death of artist Bree Jonson, Ongpin’s girlfriend and companion in the hostel room, therefore, strict compliance with section 21 was not required.</p><p>But the court said that the discovery of the drugs converted the “dead body found” situation into a “suspected illegal drugs” cases where the chain of custody requirement applies.</p><p>“[U]pon purported discovery of the substance in question, contained in several plastic sachets, the authorities should have immediately observed compliance with the procedural requirements under Sec. 21 of R.A. 9165,” it said.</p><p>“It must be stressed that the accused was not around during the discovery, reason why the allegations in this case was constructive, and not actual possession of illegal drugs. It is for this reason that a stricter application of Sec. 21 of R.A. 9165 should have been observed, in order to remove any doubt as to the source of the alleged discovered drugs,” it added.</p><p>The court noted the lone civilian witness did not sign the inventory of evidence collected.</p><p>There were also no earnest efforts shown to comply with the requirements, the court said, because the police did not offer any justifiable ground why mandatory witnesses were not present. </p><p>And because proper procedures were not followed, the court said the presumption of regularity in police’s actions does not apply. </p><p>The Supreme Court, in recent rulings, has imposed a mandatory policy of requiring law enforcers to explain in their affidavits why they failed to comply with the chain of custody requirements in drugs cases, the absence of which could lead to the outright dismissal of the case. </p><p>The Department of Justice last October filed a non-bailable criminal case of possession of dangerous drugs against Ongpin for reported violation of section 11 of the Comprehensive Dangerous Drugs Act.</p><p>Authorities said 12 grams of cocaine were recovered from a La Union hostel room he was staying in last September.</p><p>Ongpin has denied either owning or possessing the pouch where cocaine was recovered. </p><p>Julian, a son of business magnate Roberto Ongpin, is also being investigated over the death of his girlfriend, artist Bree Jonson, as he was the last person seen with her when her lifeless body was found on Sept. 18 at the same hostel.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/10/19/21/bree-jonson-family-happy-with-julian-ongpin-indictment">Bree Jonson family sees &#x27;flicker of hope&#x27; with filing of drug charges vs Julian Ongpin</a></li></ul><div><strong>FROM THE ARCHIVES</strong></div><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=1794289" width="100%"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div>

Authorities said 12 grams of cocaine were recovered from a La Union hostel room he was staying in last September.

La Union court junks drug charge vs Julian Ongpin

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La Union court junks drug charge vs Julian Ongpin

Mike Navallo,

ABS-CBN News

Published Nov 15, 2021 05:41 PM PHT

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Updated Nov 15, 2021 10:08 PM PHT

Read More:

Julian Ongpin

La Union

La Union court

Department of Justice

cocaine

Roberto Ongpin

Bree Jonson

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