A La Union court cleared on Monday the drug charges against Julian Ongpin, son of business tycoon Roberto Ongpin.
Ongpin was tagged in the drug case after 12 grams of cocaine were found in the room he shared with the late painter Bree Johnson.
But the Presiding Judge Romeo Agacita Jr of the San Fernand Regional Trial Court Branch moved to junk the case after "lack of probable cause to issue an arrest warrant" against Ongpin.
"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 or R.A. 9165," Agacita said in the decision.
The section in the republic act stipulates the protocol that must be followed when it comes to the custody and control of confiscated, seized, or surrendered dangerous drugs.
In the ruling, Agacita said there were "crucial lapses at the starting point of the custodial link, which substantially compromise the integrity of the alleged confiscated drugs."
The court cited that the 18 sealed plastic sachets allegedly containing the drugs were not marked immediately, the error on the markings, as well as the lack of particularity on the sworn statements of the seizing officers on the confiscated items.
"This would only lead to the conclusion that during the marking and inventory proper, the plastic sachets were not marked at all," the court said.
There were also no insulating witnesses, such as representatives from the media or the Department of Justices, secured as required by Section 21 of RA. 9165. The lone civilian witness was also not asked to sign the Inventory of Evidence Collected, said the court.
In addition, the presence of a dead body in the scene was not sufficient as the situation should have become a "suspected illegal drugs" case, according to the court.
The judge also noted that Ongpin was not in the scene when the alleged cocaine was discovered, which was why the "allegations, in this case, were constructive, and not actual possession of illegal drugs."
"It is for this reason that a stricter application of Sec. 21 o R.A. 9165 should have been observed, in order to remove any doubt as to the source of the alleged discovered drugs."
Meanwhile, Ongpin's precautionary hold departure order was lifted by the court.
The Department of Justice prosecution will file a motion for reconsideration on the case, according to Prosecutor General Benedicto Malcontento.
Ongpin is also a person of interest in the death of Bree Johnson, who was found in the same hotel room where the illegal drugs were found.
