THE Department of Justice (DOJ) has found probable cause to charge former Philippine Basketball Association (PBA) player Dorian Peña in court after he tested positive for drug use.
The case stemmed from Peña's arrest, along with two companions, at a condominium unit in Merryland Village, Mandaluyong City on May 10.
Peña and his companions, Jose Paolo Ampeso and Ledy Mea Vilchez, were arrested in a buy bust operation conducted by the National Bureau of Investigation - Task Force on Illegal Drugs agents.
The NBI recovered from their possession were two plastic sachets containing shabu and several paraphernalia. All three suspects tested positive for drug use.
According to the DOJ, a panel of prosecutors found probable cause to indict Peña for violation of Section 15 (use of illegal drugs) of the Republic Act 9165, or the Comprehensive Dangerous Drugs Act.
Assistant State Prosecutors Josie Christina Dugay and Ethel Rea Suril meanwhile have yet to resolve the charges filed against Peña for visiting the said condominium, a suspected drug den.
According to the DOJ, the claim of the authorities that the place is a drug den must be determined first through a preliminary probe.
"We are therefore constrained from resolving the charge against respondent Peña for his presence in the alleged den. The issue of whether the condominium unit is a drug den should first be determined before we can resolve the issue of whether respondent Peña is liable for violation of Section 7 of RA9165," the resolution said.
The DOJ has also yet to rule on the charges for sale of illegal drugs, maintenance of a drug den, possession of dangerous drugs, possession of drug paraphernalia, use of dangerous drugs and conspiracy filed against the two other suspects. (SunStar Philippines)