Atong Ang, prosecutors say plea bargain deal legal

Lawyers for Charlie “Atong" Ang asked the Sandiganbayan Special Division on Friday to accept his plea bargaining agreement with government prosecutors. Ang, a co-accused in the P4.1-billion Estrada plunder case, filed a 20-page memorandum before the Sandiganbayan to insist that the deal was proper and legal despite questions raised by the anti-graft court. He said that contrary to observations from members of the court, the law allows him to plead guilty to a lesser offense, even if he is accused of conspiracy in committing plunder, a capital crime. “Plea bargaining agreement for a lesser offense is a remedy generally available for all accused in all criminal cases," Ang’s defense lawyer, Alfredo Villamor and Ruth Castelo said. “Here, the accused relinquishes his right to go to trial (along with any chance of acquittal), while the prosecutor gives up the entitlement to seek the highest sentence or pursue the most serious charges possible." They pointed out that the deal works to the mutual advantage of the state and their client since it saves the government time, effort and money that would otherwise be spent in a lengthy litigation while the defendant receives a lighter penalty. “It will help in the speedy disposition of the case saving precious time, unclog the dockets of the court and conserve the government’s scarce resources," they added. Ang reiterated his willingness to testify “in cases being prosecuted by the government where he has personal knowledge." “Accused Ang has committed to testify for the state in cases where he could be of help. This, he is willing to do even if he and his family foever suffer the fear of reprisal," the lawyers said. The lawyers said Ang is a mere co-conspirator and was not involved in all the four predicate charges included in Estrada’s plunder case, although they admitted that the Anti-Plunder Law did not make distinctions in rendering penalties for all accused including the principal perpetrator. Ang repeated his admission that he made off with P25 million from the P130 million tobacco excise tax funds that were supposedly diverted to Estrada’s pockets. He again declared that in lieu of returning cash, he will waive his rights over his family’s home in Corinthian Gardens in favor of the state as part of his plea bargain deal. He likewise clarified that he is willing to go to prison for another six years over and above the period he has already served in detention since he was arrested in Las Vegas, Nevada in 2001. Ang said he has realized that he committed a crime and now simply wants to have peace of mind when he decided to plead guilty for corruption of a public official in connection with indirect bribery. “The certainty of conviction for this lesser offense dangles in accused Ang’s innermost thoughts, but he is willing to be punished for the crime that he might have committed, wanting nothing more than to be set free by his conscience, looking forward to a happy reunion with his family after serving the sentence that will be imposed by this Honorable Court," Villamor and Castelo said. Prosecutors backed Ang’s arguments, saying his plea bargain will not affect the other accused in the case including Estrada, his son, Senator Jose ‘Jinggoy’ Estrada and lawyer Edward Serapio. Estrada’s lawyers have complained that they were kept in the dark about Ang’s deal with the government even if his statements and admissions are bound to hurt the case of the detained former leader. Prosecutors disputed Estrada’s lawyers. “The plea bargaining agreement is solely about accused Charlie ‘Atong’ Ang. It is not about accused Joseph Estrada. The other accused are not entitled to any prior notice and no due process requirement is violated in its absence," they pointed out. The panel of prosecutors led by Special Prosecutor Dennis Villa-Ignacio noted that the rules of court set only two requirements for a plea bargain to be valid: that the consent of the offended part and the prosecutor is obtained; and the lesser offense is necessarily included in the offense charged. It said the approval by the Office of the Ombudsman and Chief State Prosecutor Jovencito Zuño of the deal is sufficient compliance to the first element while the charge of direct bribery is already alleged in the information for plunder. The prosecution insisted that it is not contesting the pronouncements of the Special Division that Ang’s plea bargain will not be admitted as evidence against the other accused and will have exclusive on Ang alone. “The Honorable Court already stated in open court that the Plea Bargaining Agreement is not admissible evidence against the other accused. As it is about accused Charlie ‘Atong’ Ang and does not bind the other accused, issues as to form, admissions as to conspiracy, or the other allegations should, therefore, be irrelevant and immaterial," it said.- GMANews.TV