Oct 25, 2021 @ 8:38

Julian Ongpin asks court to defer issuance of arrest warrant in drug case

The son of dictator Ferdinand Marcos’s Trade Minister Roberto Ongpin has asked a La Union court to defer the issuance of an arrest warrant in his drug possession case, arguing that the prosecution should resolve first his motion for reconsideration (MR) of its finding of probable cause.

Julian Ongpin, who was not immediately arrested despite being allegedly found with more than 12 grams of cocaine in the hotel room where artist Bree Jonson died on September 18, claimed that he had not yet even received the resolution ordering his indictment.

“”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 reinvestigation of the resolution of the public prosecutor, the court may suspend the proceedings upon motion by the parties,” read the 16-page motion filed before the San Fernando City Regional Trial Court (RTC) through lawyer Dennis Manalo.

The younger Ongpin also asked the court to either dismiss his case outright or to order the prosecution to present more evidence within five days.

He argued that the DOJ conceded that he was not in “actual possession” of the cocaine but merely “jumped to the conclusion that the subject drugs were in the ‘constructive possession’ of the accused.”

“This leap in logic and evidence is judicially unacceptable there being a demonstrable absence of any proof the subject drugs were in his possession, dominion, or control,” the motion read.

The possession of such a large amount of cocaine is punishable by life imprisonment. If the court orders his arrest, the younger Ongpin would not be able to post bail until it could be shown that the prosecution’s evidence would not be enough to justify his indefinite detention until the case is decided.

Copyright © 2021 Abogado - Latest News in the Philippines