Julian Ongpin files motion to defer warrant of arrest, dismiss drug case

The son of a business magnate implicated in the death of young visual artist Bree Jonson filed a motion to defer the issuance of an arrest warrant in connection to the illegal drug possession charge against him by the Department of Justice (DOJ) and outright dismissal of the case.
In a 16-page motion dated Oct. 21, Julian Ongpin, 29 and son of tycoon and former trade secretary Roberto Ongpin through his legal counsel asked the regional trial court in San Fernando City, La Union to suspend proceedings for lack of probable cause.
Ongpin’s legal counsel Dennis Manalo said that they were not yet given a chance to file a motion for reconsideration or a petition for review over the complaint filed by the Department of Justice (DOJ) thereby denying them the opportunity to avail respondents’ legal remedies.
Also, the young Ongpin’s lawyers opposed the DOJ resolution which recommended the filing of drug charges against him.
The DOJ indicted Ongpin for illegal possession of drugs after police reportedly recovered more than 12 grams of cocaine inside the room he shared with Jonson at a resort in San Juan, La Union on Sept. 18 where the young artist was found lifeless.
Authorities said both Jonson and Ongpin tested positive for drugs. Ongpin claimed that Jonson took her own life.
“On Oct. 18 accused learned from on-line news portals that the Department of Justice (DOJ) issued a resolution recommending the filing of Information against the accused for violation of Section 11 of Republic Act No. 9165 or the Comprehensive Dangerous Drug Act of 2002 in the captioned case”, the motion stated.
“Consequently, the accused is still unable to avail of his remedies therefrom one of which is to file a motion for reconsideration within the period fifteen (15) from my receipt thereof under the DOJ rules for preliminary investigation, or to file a petition for review with the office of the Secretary of Justice”, added the motion.
The motion further states that “To deny petitioner’s claim for a preliminary investigation would be to deprive him of the full measure of his right to due process. Hence, if there is a pending motion for reconsideration or motion for investigation of the resolution of the public prosecutor, the court may suspend the proceedings upon motion by the parties.”
Ongpin’s lawyers said that the DOJ failed to establish probable cause that Ongpin was in possession of the subject drug because in the first place, the drugs were not found in his possession.
“The DOJ was unable to present any evidence that the accused is the owner, custodian or possessor, of the black pouch, brown pouch, or white pouch or bag, where the subject drugs were supposedly recovered,” Ongpin’s camp also said.
“[While] the DOJ conceded that the subject drugs were not in the ‘actual possession’ of the accused, it jumped to the conclusion that the subject drugs were in the ‘constructive possession’ of the accused,” stated further in Ongpin’s motion.
Ongpin denied in his counter-affidavit that he owned the subject drugs. He was reportedly not inside the room when police authorities found the drugs as he was brought to the hospital for a medical checkup.
Ongpin was temporarily released by the police pending investigation while a hold departure order was issued against him to prevent him from leaving the country.
(ABN)

Amianan Balita Ngayon