Atong Ang gets 6-yr jail term for corruption

The Sandiganbayan Special Division on Monday sentenced Charlie "Atong" Ang to spend up to six years in prison on charges of corruption of a public official, a lighter offense than the plunder charge, where he is named a co-accused of deposed President Joseph Estrada. Magistrates ordered that Ang, who confessed to delivering P130 million to Estrada's home in San Juan, be jailed for a term no less than two years and four months behind bars. The penalty also states that Ang pay P25 million in civil liability, an amount that he had promised to pay through the sale of his mansion at the posh Corinthian Gardens subdivision in Quezon City. The amount was supposed to amount to the tobacco excise taxes that Ang admittedly pocketed out of the entire P130 million. Unlike the corruption charge which carries a maximum jail time of six years, plunder is a capital offense punishable with life imprisonment and forfeiture of any asset deemed ill-gotten by the court. Last Wednesday, the anti-graft court accepted in full the plea bargain agreement between Ang and government prosecutors. In that earlier decision, the anti-graft court stressed that while it is allowing Ang to plead guilty to the lesser offense of corruption of a public official in relation to indirect bribery, none of his admissions would be used as evidence against deposed President Joseph Estrada. "We reiterate our ruling that the plea bargaining agreement … binds only the parties thereto, which are the prosecution and accused Charlie 'Atong' Ang. Any admission of the accused therein is admissible only against him and should properly involve only the allegations in the information that pertain to him or the elements of the offense charged in the information or indictment," the Sandiganbayan said in its earlier 14-page resolution. However, the court also stated that, "any matter allegedly being admitted in the Agreement cannot be used against the other accused without their having the opportunity to cross-examine accused Ang regarding his alleged admissions." Out in 3 weeks? On Monday, Ang’s lawyers Alfredo Villamor and Ruth Castelo said the prison term qualifies him for probation which means he could be out of detention in as little as three weeks. The petition for probation was filed early yesterday before the start of court session. Even Chief Special Prosecutor Dennis Villa-Ignacio declared that the prosecution panel has no intention of contesting Ang’s petition for probation although it was given five days to file a comment. “That (probation) was part of the plea bargaining agreement. Magmumukha naman kaming traidor pag nag-oppose pa kami diyan," he told reporters after the hearing. Ang, who appeared before the Sandiganbayan Special Division in plain white collared shirt and blue jeans, admitted involvement in the illegal diversion of P130 million tobacco excise tax funds and in setting up an illegal gambling payola. He likewise admitted to pocketing P25 million of the tobacco funds and, on the prodding of Presiding Justice Teresita Leonardo-De Castro and Associate Justice Francisco Villaruz, confirmed that Estrada received the rest of the P130 million. Ang undertook to return the P25 million and offered his family’s mansion in Corinthian Gardens in Quezon City in lieu of cash but the court declined the real estate as Justice De Castro noted that ‘as a rule, civil liability is paid in cash’. Cash in 15 days The court reminded Ang that he has to raise the amount within 15 days before the ruling on his prison term becomes final and executory or he will not be qualified for probation. Castelo said they will ask the court via a written motion to be filed later to accept Ang’s mansion as compliance on the payment of civil liability. Villa-Ignacio expressed a view that Ang’s offer is acceptable noting that the property could be worth more than P25 million. But Associate Justice Francisco Villaruz noted that the P25 million only covered Ang’s civil liability with regard to his participation in the illegal diversion of tobacco excise tax funds. The magistrate said Ang's admissions in his plea bargain deal included his involvement in jueteng which entails additional civil liability. The prosecution however said it is ‘already happy’ with P25 million. Villa-Ignacio pointed out that adducing additional evidence just to prove additional civil liability against Ang could prove adverse to its evidence against Estrada. “We have already established our case against President Estrada and the other accused. If we pursue additional civil liabilities based on Ang’s admissions, it might create complications. We don’t want to do that," he explained. - GMANews.TV