Oct 25, 2021 @ 8:27

Julian Ongpin asks court to defer issuance of arrest warrant

Julian Ongpin has asked the La Union regional trial court to defer the issuance of an arrest warrant against him and suspend the proceedings on his illegal drugs case.

In his omnibus motion, Ongpin asked the La Union RTC to refuse “to issue a commitment order (or warrant of arrest) and dismiss the case outright for lack of probable case in accordance with Section 6, Rule 112, Rules of Court[.]”

In the alternative and in view of the doubt on the existence of probable cause, he also asked the court “to order the [Department of Justice] to present additional evidence within five (5) days from notice to establish probable cause against the accused.”

Ongpin explained that he only learned through online news portals that the DOJ issued a resolution recommending the filing of the Information against him for violation of Section 11 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.

“While the DOJ has been quick to inform the media about this case, it has yet to furnish accused his copy of the said resolution,” Ongpin’s motion read.

“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 of fifteen (15) days from receipt thereof under the DOJ rules for preliminary investigation, or to file a petition for review with the office of the Secretary of Justice.”

“The DOJ’s resolution and its supporting evidence, as filed before the Honorable Court, clearly failed to establish probable cause to arrest accused since they were anchored on mere speculations and erroneous inferences that accused violated [the law],” it added.

The young Ongpin insisted that “the DOJ should not have easily been swayed to accept the justification given the high possibility of planting, tampering or alteration of the evidence on account of the absence of the accused in the crime scene during the conduct of the physical inventory and photographing of the subject drugs.”

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