Atong pleads guilty

In exchange for a lighter sentence, Charlie "Atong" Ang has pleaded guilty to a lesser offense, admitting he plotted with ousted President Joseph Estrada to divert P130 million in tobacco excise taxes of the Ilocos Sur provincial government to their private coffers.

Ang filed a six-page plea bargaining motion before a special division of the Sandiganbayan yesterday, promising to return P25 million or its equivalent in value that he said he "personally took" from the P130 million.

The plea bargain could ensure Estrada’s conviction for plunder, although his camp insisted this was not so. From his resthouse in Tanay, Rizal where he is detained without bail, Estrada lamented that Ang must have been pressured into the plea bargain "just to save his own neck by sacrificing the truth."

Ang pleaded guilty to the lesser offense of corrupting a public official, or indirect bribery, which carries a maximum prison term of six years with eligibility for pardon or parole.

He and Estrada were charged with plunder, to which Ang had pleaded not guilty.

The plea agreement was signed by Special Prosecutor Dennis Villa-Ignacio, Chief State Prosecutor Jovencito Zuño and Ombudsman Merceditas Gutierrez, with Alfredo Villamor as defense counsel for Ang.

Villa-Ignacio defended the plea bargaining agreement before the court, explaining the accused has the option to avail himself of the remedy as a compromise with the State to evade a harsher penalty.

The court, however, said they have yet to review the implications of the plea bargaining agreement entered into by Ang in relation to the plunder case, considering the prosecution has already rested its case against Estrada.

"We are not saying that we will not allow it but we need time to study this," Associate Justice Diosdado Peralta said.

The court said it would rule on Ang’s plea bargaining agreement on Monday as it ordered Estrada’s defense panel to file their reaction to the agreement within 15 days.

Defense lawyers led by Jose Flaminiano argued the plea bargaining agreement could be used against Estrada.

"If he (Ang) pleads guilty to the corruption of a public official, he will identify that public official," Flaminiano said.
‘Pity’
Estrada, for his part, only expressed "pity" for his former adviser who virtually accused the deposed leader of involvement in the scam by entering into a plea bargaining agreement.

"I pity that man. He allowed himself to be used," Estrada said.

Estrada said Ang’s sudden turnaround did not gain any credence, sayingthat his testimony before the Senate impeachment hearing in 2000 debunked claims made by principal witness Ilocos Sur Gov. Luis "Chavit" Singson.

Singson had accused Ang of funneling tobacco tax kickbacks amounting to P130 million and illegal gambling payoffs to Estrada.

"Now, he’s (Ang) changing the tunes. I don’t know what happened from that time. But it’s very clear now that he is trying to save his neck. He has to give in to the administration’s pressure," Estrada said, adding the plea bargaining agreement was "full of falsehoods."

"This (plea bargaining) is the reason why he (Ang) was subjected to harassment and coercion for so many years so that he could be convinced to give them what they want even if it is not the truth," the former president said.

Estrada’s spokesman Rufus Rodriguez however said the deal won’t affect the case since it has not been introduced as evidence against Estrada.

"As far as Estrada is concerned, it does not exist at all," Rodriguez said.

Estrada is accused of unlawfully amassing P4 billion during his 30 months in office. After his ouster in January 2001, he was arrested and charged before the Sandiganbayan.

Estrada is currently under house arrest in his rest house in Tanay, Rizal.

Ang, on the other hand, fled to the United States following Estrada’s downfall but was handed over by Washington last year on Manila’s request for extradition.

Prosecutors said Ang in the plea bargain, "undertakes to assist in the prosecution, and testify, whenever proper, in cases being prosecuted by the government in which he has personal knowledge."

Villa-Ignacio argued the agreement has no effect on Estrada’s case since it is considered a "personal agreement" between Ang and the prosecution.

"This is personal to him (Ang) and the prosecution and will not involve the other accused," Villa-Ignacio explained.

Villa-Ignacio maintained there is no need to present additional evidence since the case against the former leader is strong.

"There is no need (to use it against Estrada). It will just form part of the records of the case," he said.

Villa-Ignacio added Ang will not be utilized as a rebuttal witness against Estrada.

However, as Ang is bound by the agreement to serve as a witness in other cases being prosecuted where he has personal knowledge of, the former Estrada adviser can be utilized as a state witness against other accused in the same plunder case, Villa-Ignacio said.

Villa-Ignacio claimed it was Ang who approached them and proposed the plea bargain.

"I understand that during the hearing of his extradition case, he (Ang) was advised to enter into a plea bargaining agreement. Apparently he realized that the evidence of the prosecution is strong," Villa-Ignacio said.

Ang admitted knowledge of the implications of the plea bargaining arrangement he made with the prosecution, but stressed that he was not coerced.

He said he could find himself with more civil liability than the P25 million he had promised to return to the government.

Ang made the surprise turnaround by admitting to have conspired with Estrada to get the tobacco tax kickback.

A close business associate and friend of Estrada, Ang was made consultant of the Philippine Amusement and Gaming Corp. (Pagcor), despite his alleged involvement in several criminal activities.

He allegedly helped Estrada run a gambling protection racket, much to the chagrin of Singson who later became the principal witness of the government against the former president and Ang.

Singson testified that he and Estrada had pocketed P70 million from the tobacco excise tax.

He claimed Ang told him that P20 million went to Sen. Luisa Ejercito and P15 million to Sen. Jinggoy Estrada.

Ang, in his plea bargaining agreement, confirmed the accusations made by Singson that he had pocketed P25 million of the fund for himself but made no mention of the allegations that the rest of Estrada family got a share of the tax kickback. -with Marichu Villanueva, Non Alquitran, AP, AFP

https://www.philstar.com/headlines/2007/01/25/381580/atong-pleads-guilty