Julian Roberto S. Ongpin, son of billionaire businessman and former Trade and Industry Minister Roberto V. Ongpin, insisted that no cocaine was found in his possession at the hotel in San Juan, La Union where artist Breanna “Bree” Jonson was found “unconscious” and died last Sept. 18.

This was stressed by Julian in his petition for review filed with the Department of Justice (DOJ) last Nov. 3 challenging the resolution issued by a panel of prosecutors which found him liable for illegal possession of dangerous drugs in violation of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.

The non-bailable criminal case has been filed before the regional trial court (RTC) in San Fernando City in La Union after the prosecutors ruled that Julian is liable for possession of 12.6 grams of cocaine, a prohibited drug.

Through his counsel, the Dennis P. Manalo Law Office, Julian asked the DOJ to reverse the ruling of the panel of prosecutors which conducted the preliminary investigation on the complaint filed by Philippine National Police (PNP) in La Union.

“The evidence relied upon by the Panel does not establish probable cause that Respondent-Appellant (Julian) was in possession of the Subject Drugs,” the petition stated.

It said that the pouch where the cocaine was found did not belong to Julian and was “not found in the possession of Respondent-Appellant, and the Subject Drugs were not among the recovered belongings of Respondent-Appellant.”

In the criminal complaint, the PNP said the pouch was found by police investigators between two beds in the room along with a bath towel, a blanket and pillow.

Julian’s petition stated that even the panel “conceded that the Subject Drugs were not in the ‘actual possession of the Respondent-Appellant’” but still “jumped to the conclusion that that the Subject Drugs where in the ‘constructive possession’ of the Respondent-Appellant.”

“Indeed, the Panel was unable to cite any evidence that that Respondent-Appellant is the owner, custodian, or possessor, of the black pouch, brown pouch, or white pouch or bag, where the Subject Drugs were supposedly ‘recovered,’” the petition stated.

Also, the petition pointed out that “the Panel had no evidence that the Respondent-Appellant had knowledge of the existence of the presence of the pouch and bag were the Subject Drugs were found.”

“The Subject Drugs were recovered in a bag with medications belonging to his roommate Bree Patricia Agunod Jonson and presumably within her control and dominion,” it said.

Also, the petition stated that the bag contained prescription for Lamotrigine that Dr. George S. Soo issued to her, a customized supplementation plan for Jonson, and official receipt which she signed.

At the same time, the petition stated that the prosecutors’ resolution admitted that “there was no strict adherence to Section 21 of Republic Act 9165, as amended, or the Chain of Custody Rule for the Subject Drugs, but ruled that the SOCO (Scene of the Crime Office) operatives provided the justification or explanation therefor as well as the steps they have taken in order to preserve the integrity and evidentiary value of the seized/confiscated items.”

“Since the SOCO Team did not strictly adhere to the Chain of Custody Rule, the Affidavit-Complaint against Respondent-Appellant should have been dismissed since the circumstances under which the Subject Drugs were seized show that there was no justification for not complying with the mandatory guidelines implementing the Chain of Custody Rule,” the petition stressed.

Julian was arrested last Sept. 18 after policemen, who responded to the call that Breanna was “unconscious” inside the hostel room, found 12.6 grams of cocaine inside the room where the couple checked in a day before.

He has been tagged as a person of interest in Breanna’s death. He had presented himself before the National Bureau of Investigation which was directed by Justice Secretary Menardo I. Guevarra to probe the Sept. 18 death of Breanna.

The NBI has yet to come out with the results of its probe.