Atong Ang trial resumes today

After a long break, the trial for plunder of former presidential adviser Charlie "Atong" Ang resumes today at the Special Division of the Sandiganbayan.

Ang was arraigned last Nov. 15 and refused to enter a plea. The anti-graft court then entered a plea of "not guilty" for him and set his hearing for Dec. 6. But the court later decided to hold his first hearing today after agreeing to give both the defense and prosecution panels enough time to prepare.

Ang is expected to arrive at the courtroom of the Sandiganbayan Special Division at 9 a.m. under tight escort by personnel of the Bureau of Jail Management and Penology and the Sandiganbayan Sheriff’s Office from his detention facility at the Metro Manila District Jail (MMDJ) in Bicutan, Taguig.

Ang’s custodial arrangement turned controversial after the BJMP transferred him from the Quezon City Jail to the MMDJ without the court’s permission.

As such, the three magistrates of the Special Division led by presiding justice Teresita Leonardo-de Castro have threatened to cite Quezon City Jail Warden Superintendent Ignacio Panti, BJMP-National Capital Region director Senior Superintendent Serafin Barreto and Interior Undersecretary Marius Corpus for contempt.

The court has yet to issue its decision on the contempt case.

According to the BJMP, they decided to move Ang from the Quezon City Jail to the MMDJ after receiving "raw" intelligence reports that a jail guard at the Quezon City Jail was paid to have Ang killed by inmates while in detention. The Special Division magistrates, however, dismissed the BJMP’s intelligence report as hearsay.

The court is expected to resolve the pending request of Ang’s lawyers to suspend the hearings to allow the Office of the Ombudsman to conduct a re-investigation of his plunder case.

Government lawyers have asked the Sandiganbayan to junk the request as it is no longer valid because he was already arraigned as a co-accused of former President Joseph Estrada on the charge of plunder.

Ang’s lawyers have argued that their client was denied due process when the Office of the Ombudsman did not serve him notice after it filed a criminal complaint against him in 2001.

Ang was a consultant for the Philippine Amusement and Gaming Corp. (Pagcor) during the Estrada administration. He was accused by Ilocos Sur Gov. Luis "Chavit" Singson of funneling P130 million in tobacco tax kickbacks and illegal gambling payoffs to Estrada.

Ang, however, maintains that he is innocent of any involvement in jueteng or in the diversion of tobacco excise tax funds.

The prosecution, for its part, argued that a copy of the plunder complaint was served to Ang at his listed address, No. 18 Manansala Street, Corinthian Gardens, Quezon City on Jan. 18, 2001 by the Ombudsman’s Evaluation and Preliminary Investigation Bureau.

In the order, Ang was given 10 days to submit his counter-affidavit or any other documentary and testimonial evidence to prove his innocence. This was extended by another five days that ended on Feb. 6, 2001 without any response from Ang.

Prosecution lawyers said that Ang left the country in January 2001 after the cases against Estrada and others were filed. Hence, it is impossible for him not to have known such an important incident in the nation’s history.

In addition, government lawyers pointed out that Ang was also aware of the charges against him as they were brought to the attention of authorities in the United States during his extradition proceedings.