Julian Ongpin still under immigration lookout bulletin order – Sec. Guevarra

Justice Secretary Menardo I. Guevarra

Justice Secretary Menardo I. Guevarra on Saturday, Nov. 20, stated the Bureau of Immigration (BI) has no longer lifted the immigration lookout bulletin order (ILBO) issued towards Julian Roberto S. Ongpin in spite of the dismissal via the trial court docket of the ownership of unlawful medication case filed towards him.

Guevarra stated the ILBO has no longer been lifted as a result of Division of Justice (DOJ) prosecutors will report on Monday a movement to rethink the dismissal order issued closing Nov. 15 via L. a. Union Regional Trial Courtroom (RTC) Pass judgement on Romeo E. Agacita Jr.

With the ILBO, Julian’s actions within the nation’s ports and airports are being monitored via BI brokers.

With the dismissal of the fee towards Julian, the RTC additionally lifted the precautionary hang departure order (PHDO) issued towards him.

Julian, son of billionaire businessman and previous Business and Trade Minister Roberto V. Ongpin, used to be charged with unlawful ownership of 12.6 grams of cocaine, a prohibited drug. Julian denied possession of the prohibited drug and stated the drug used to be no longer recovered from him bodily.

The prohibited drug used to be allegedly recovered within a San Juan, L. a. Union lodge room the place he and the past due artist Breanna “Bree” Jonson checked in closing Sept. 17.

Remaining Sept. 18, Breanna used to be discovered subconscious and later died. Julian has grow to be an individual of passion in Breanna’s loss of life.

With the exception of the DOJ’s movement for reconsideration, Guevarra stated Julian’s ILBO has no longer been lifted for the reason that Nationwide Bureau of Investigation (NBI) continues to be probing Breanna’s loss of life.

In disregarding the fee, Pass judgement on Agacita dominated that the policemen who arrested Julian did not agree to the provisions of Phase 21 of Republic Act No. 9165, the Complete Bad Medication Act of 2002.

Phase 21 of RA 9165 imposes a strict compliance with the chain of custody of the seized unlawful medication.

The regulation calls for that the seized bad medication will have to be inventoried and photographed straight away after seizure or confiscation; the bodily stock and photographing will have to be executed within the presence of the accused or his/her consultant or recommend, an elected public professional, a consultant from the media, and a consultant from the Division of Justice (DOJ), all of whom will be required to signal the copies of the stock and be given a duplicate of the similar; and the seized medication will have to be grew to become over to a forensic laboratory inside 24 hours from confiscation for exam.”

In his order, Pass judgement on Agacita stated:

“It’s particularly only if the prohibited medication be straight away marked via the apprehending officer once they’re seized from the accused to stop the switching, ‘planting,’ or contamination of proof. Strict compliance with the prescribed process is important for the reason that unlawful drug’s distinctive function rendering it vague, no longer readily identifiable, and simply open to tampering, alteration or substitution both by chance or in a different way.

“A cautious scrutiny of the Stock of Proof Amassed discloses that, on the time of the seizure of alleged unlawful medication, the ‘8 (8) sealed clear sachet containing white substance’ and ‘ten (10) sealed plastic sachet containing white substance’ have been simply marked as ‘JSD-B’ and ‘JSD-A.’

“Nowhere within the stated Stock of Proof Amassed is there a sign that plastic sachets have been personally marked and signed via the seizing officials. It will no longer, due to this fact, be made up our minds how the unmarked medication have been treated upon confiscation. It appears that evidently, the alteration of the seized pieces used to be an opportunity absent their fast marking thereof.

“The processing used to be no longer within the presence of Ongpin since at the moment, he used to be introduced via cops to the clinic for clinical exam.

“Neither the presence of the insulating witnesses, I.e., representatives from the media or Division of Justice (DOJ) and any elected public officers, required beneath Sec. 21 of R.A. 9165 for the reason that regulation calls for them to signal the copies of the stock and to be given thereof, have been secured.

“Within the case at bar, the prosecutions’ narrative that the apprehending officials weren’t in a position to agree to the provisions of Sec. 21 of RA 9165 in view of the abnormal cases of the case, i.e., the responding cops have been dispatched to research a lifeless human frame (Discovered Useless Frame), no longer of unlawful medication, is unmeritorious.

“The repeated breach of the chain of custody rule right here had forged critical uncertainty at the identification and integrity of the corpus delicti (frame of crime). Verily, invocation of the saving clause is unwarranted.”

Related Post