The Bacolod City Police through the legal department of the Philippine Drug Enforcement Agency National Office filed a motion for reconsideration Monday before the Department of Justice seeking the reversal of its earlier decision dismissing the charges against a building contractor nabbed for possession of alleged ecstasy in a city resort last year.

Regional Trial Court Branch 47 Judge Edgar Garvilles had ordered the release of Angelo Jimenez Bongco, 40, of Henrietta Heights, Bacolod City from the Bureau of Jail Management and Penology in Brgy. Taculing last week upon receipt of the dismissal order from DOJ.

Bongco’s family, who questioned the chain of custody of evidences, filed an appeal before the DOJ after the decision of the city prosecutor came out, finding probable cause to proceed with the charges for illegal drugs sale and possession against him.

In their petition, PDEA and BCPO claimed that, contrary to the early findings of DOJ Under Secretary Francisco Barran, penned on August 22, 2012, the arresting officers had complied with the requirements of Section 21 of Republic Act 9165.

They said that after Bongco’s arrest, they invited representatives from the media, Bacolod Prosecutor’s Office and officials of Baranggay Singcang-Airport, where the arrest happened.

Unfortunately, only the barangay officials came while the representatives from the CPO and media failed to attend the actual arrest.

They also slammed Barran in their petition for assuming that the 717 tablets of high grade ecstasy and ammunitions recovered from Bongco could be planted.

If the DOJ will reconsider its earlier decision, the BCPO will still re-file the case against Bongco, city Police Director Senior Supt. Ricardo de la Paz said.*APN

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