6 years for Atong

Businessman Charlie "Atong" Ang yesterday pleaded guilty to "corruption of public officials in relation to indirect bribery" and was sentenced by the Sandiganbayan to imprisonment of two years and four months to a maximum of six years.

But with his petition seeking a reduction of the prison term and probation, Ang might be out in a few weeks and be required to merely perform community service, the prosecution said.

Malacañang welcomed the decision, while Ilocos Sur Gov. Luis "Chavit" Singson called on former President Joseph Estrada to "be man enough like Ang and own up to his crime."

But Genuine Opposition Sen. Panfilo Lacson said the conviction of Ang would deny the people the real story on the tobacco excise tax scam.

Ang’s plea and immediate sentencing were made after he was re-arraigned yesterday morning by the anti-graft court as part of a plea bargain agreement he signed with the government in exchange for the return of part of the P130-million kickback allegedly taken from the tobacco excise tax and jueteng.

Ang was said to be the "operations man" in jueteng. He helped deliver bundles of cash, withdrawn by an accomplice from a bank account, to the home of Estrada while he was president, according to the prosecution.

Ang was also ordered by the Sandiganbayan Special Division Chairperson and Presiding Justice Teresita Leonardo-de Castro and Associate Justices Francisco Villaruz Jr. and Diosdado Peralta to pay the civil liability of P25 million in cash, part of the P130 million the accused had admittedly received.

The accused had agreed to give up a house that he and his mother own in Corinthian Gardens, Quezon City. But the court said he has to sell it first and pay in cash within 15 days before he is allowed probation.

"We will try to raise the P25 million," said lawyer Ruth Castelo, one of his legal counsels.

No opposition to probation, bail

Ang, wearing a white sports shirt, blue jeans and white rubber shoes, appeared relaxed but weak due to his reported kidney ailment, hypertension and ailment on his ankles.

He was allowed to sit on a swivel chair most of the time even when he was asked to approach the bench when the justices questioned him about the plea bargain. He asked for an interpreter to translate the statements of the justices from English to Filipino.

Ang was accompanied by his legal counsels Castelo and Alfredo Villamor.

Present from the prosecution were Chief Special Prosecutor Dennis Villa-Ignacio and Prosecutor Robert Callos.

Villa-Ignacio said the prosecution had agreed to the plea bargain and will not oppose the probation or the posting of bail by Ang, saying that if they did, they might be accused of "being a traitor."

"We are happy that the plea bargain agreement was approved by the court, and the court sustained practically our position. It is a proper document. We have not violated any regulation. As we have said this should not affect the cases against Mr. Erap (former President Joseph Estrada) in the same way that the evidence adduced during reception of evidence against Erap should not be taken against Mr. Atong Ang," said Villa-Ignacio.

"We are not going to trial against Atong Ang," he added.

Presidential Legal Adviser Sergio Apostol said that the sentence, though considered light in terms of the offense committed, was to be expected because of the plea bargain agreement entered into by the defense team of Ang.

"That’s a welcome development as far as Atong Ang and perhaps those people whom he conspired to commit the crime (are concerned)," Apostol said.

Apostol was a member of the prosecution team in the impeachment trial of Estrada in 2000.

Singson, the principal witness in the P4.1 billion plunder case against Estrada, said his former buddy should emulate Ang, who served as consultant of the Philippine Amusement and Gaming Corp.

"If Atong has admitted participation in the plunder case, where now will former president Estrada place himself?" said Singson, who is running for senator under the administration’s Team Unity.

He said that by admitting the charges, Estrada would open the doors for proposals to grant him presidential pardon.

Singson’s colleague in Team Unity, former presidential chief of staff Mike Defensor, the one who broached the idea of possibly pardoning the deposed leader, said he hopes that justice will prevail in the end in the Estrada impeachment case.

Lacson, who is seeking another term in the Senate, noted that Ang’s case also proves further the rampant corruption perpetrated by top government officials and persons believed to be close to the powers-that-be.

"It is a pity that he pleaded guilty to the crime denying the court and the public an opportunity to be fully informed of the real story behind the P120 million tobacco excise tax scam," said Lacson, who was former chief of the Philippine National Police (PNP) at a time when Ang was enjoying the company of then President Estrada prior to his ouster in 2001.

"The ubiquity of corruption in this country has reached a proportion that justifies its tag as the most corrupt country in Asia. The earlier we wake up as a people to realize what kind of national leadership we have, the better for this country and all of us," Lacson said, referring to the results of the Political and Economic Risk Consultancy (PERC) survey which ranked the Philippines number one in Asia.

At the hearing yesterday, Ang was also accompanied by security from the Bureau of Jail Management and Penology (BJMP). He is currently detained in the Metro Manila District Jail in Bicutan, Taguig.

Reduced jail term

Because of Ang’s length of imprisonment since he was arrested in the United States up to his jail term in the Philippines — five years and four months (52 months) — his jail term could be finished in a few months if the Sandiganbayan allows the defense’s request to count the total time he has been detained. The maximum jail term the court sentenced him to was only six years.

Castelo said in the United States, Ang was even placed in a "bartolina" or in solitary confinement for several months.

Castelo also immediately filed during yesterday’s arraignment and sentencing a "Petition for Probation" (With Motion to Deduct Period of Preventive Imprisonment From the Term of Imprisonment And to Post Bail Pending Resolution Thereof) to ask the Sandiganbayan to reduce the jail term as well as post bail for his immediate release.

Records showed that Ang was allowed to return to the Philippines and arrived in the country on Nov. 10, 2006 to face trial. He was taken into custody by the National Bureau of Investigation (NBI) and submitted himself for arraignment before the Sandiganbayan on Nov. 14, 2006 for the plunder charge. He refused to plead and the court had entered a plea of "not guilty" on his behalf. Months later the plea bargain agreement was discussed in court until it was granted recently.

Also in the agreement, Villa-Ignacio said Ang would be disqualified perpetually from holding office in the government. "He cannot be appointed to a public office or be involved in any government activities or transactions. He is also not allowed to run for office such as in the Senate," said Villa-Ignacio.

The application for bail and probation is still pending approval of the court.

Both Villa-Ignacio and Castelo also said that they see no need to ask Ang to testify as a witness in other cases.

Villa-Ignacio said the prosecution is very confident with the evidence it has against former President Joseph Estrada on the plunder case.

Castelo said the prosecution is given five days to comment on the petition for bail and reduction of term.

There is also a 15-day period before the court’s decision on the pleading of guilty and sentencing of Ang is made final and executory.

A hearing for probation will also be conducted before it is approved, she said.

Ang’s doctor, Dr. Ruben Kaw Ki, had earlier diagnosed him with nephrosclerosis, a condition of kidney damage caused by hypertension, and was placed under observation for four weeks.

By order of the Sandiganbayan last March 9, Ang was taken to the Metropolitan Hospital in Sta. Cruz, Manila last March 12, for medical examination and laboratory tests.

Ang, 48, earlier had to undergo several medical diagnostic examinations including blood chemistry, ultrasound of the whole abdomen, chest X-ray, X-ray of lumbosacral region, 2-D Echocardiogram-Color Doppler study, hematology, urinalysis, and urine micral test. - with Marvin Sy, Delon Porcalla