DOJ to appeal Ongpin case dismissal before La Union court

MANILA – The Department of Justice (DOJ) will ask the La Union Regional Trial Court (RTC) to reconsider its ruling dropping the illegal drug charges against Julian Ongpin, the 29-year-old son of a billionaire and former government official.

In a message to reporters, Prosecutor General Benedicto Malcontento said they may file the motion next week.

The 12-page order on Monday by City of San Fernando, La Union RTC Branch 27 Judge Romeo Agacita Jr. dismissed the criminal case for lack of probable cause to issue a warrant of arrest against Ongpin, who was caught with 12.685 grams of cocaine at a hostel room on September 18.

Agacita also lifted and set aside the precautionary hold departure order against Ongpin.

Newly appointed Philippine National Police chief Dionardo Carlos also said in a news channel interview on Tuesday that they would review the Ongpin case.

Ongpin was charged on October 18 over the alleged illegal possession of 18 transparent plastic sachets containing cocaine.

The drugs were recovered from a hotel room he shared with the late artist and alleged girlfriend Bree Jonson at the Flotsam Jetsam Hostel in Barangay Urbiztondo, San Juan.

Jonson, 30, was found unconscious and later declared dead in a hospital.

The autopsy report declared asphyxia as cause of death and she was found positive for cocaine use.

The La Union judge, in dismissing the case against Ongpin, noted lapses in the handling of evidence and that the chain of custody was not followed.

The judge said presumption of regularity on the part of the police officers “does not apply if proper procedure is not observed”.

PNP investigation

Carlos said he has instructed Maj. Gen. Omega Jireh Fidel, Director for Investigation and Detective Management, to review the records and determine where possible lapses were committed.

“We want to know which aspect of the case may have been overlooked to preclude similar situations in other police operations,” Carlos said in a press briefing.

Carlos also directed the PNP Legal Service in Region 1 to coordinate with the La Union Provincial Prosecutor in filing a motion for reconsideration.

“Kapag may nadi-dismiss (When a case is dismissed), there is an automatic review of the case. However, you have to understand the circumstances kaya tinanong ko (so I asked), was it an anti-drug operation? So incidental to the call for police assistance, a dead body was found and during the police assistance, there were drugs. So the requirements to handle that ay tinitingnan namin kung may pagkukulang ‘yung (we’re looking into those to determine if there were lapses on the part of the) first responder,” Carlos said.