Estrada’s lawyer former senator Rene Saguisag said the defense team is in favor of the plea bargaining deal, in principle, but parts of Ang’s agreement must be reworded or even deleted.
"The plea bargaining agreement which we favor in principle, needs some reworking so that everybody agrees, the early release of Mr. Ang may be done the right way. That is why the other accused (Estrada) is not against the objective (to release Ang, but) should have been consulted from the start; we could have worked it out together," Saguisag told the Special Division of the Sandiganbayan in a supplemental comment on the plunder case filed against Estrada and Ang.
Saguisag assailed government prosecutors for "misbehaving as political propagandists of the administration" and for forging an "anti-Estrada document."
"Unfortunately, the prosecution arguably misbehaved as political propagandists of the administration and focused more on forging, yes, forging an anti-Estrada document, for all the world to see forever, if not corrected. If (not) reworded, what would be on file could make the process look ridiculous, convicting one who is in his last filing through counsel says he is innocent but is pleading guilty because he is tired of it... That would be against public policy," Saguisag said.
Saguisag pointed to paragraph two of the plea bargain agreement that should be deleted.
In paragraph two, Ang "hereby admits the facts upon which the charge of plunder under the amended information dated 18 April 2001 on criminal case no. 26558 has been made as well as the allegations therein."
Saguisag also wants paragraph six of the agreement deleted. In paragraph 6, Ang "promises to return the amount of twenty-five million pesos (P25 million) or return its equivalent in value which he personally took and enjoyed from the amount of one hundred thirty-million pesos he conspired with accused Joseph Estrada to divert under the second specification/predicate act charged under the amended information dated 18 April 2001 in Criminal case no. 26558."
"Such admission must be expunged along with the alleged conspiracy with President Erap and Mr. Ang will yet be home free, in a matter of speaking," Saguisag said.
Saguisag told the court that it would have been better if Ang was tried separately.
"A separate proceeding would have been neater. We would not be in the mess we are in because of the shoddy work that could not have been the idea of counsel for Mr. Ang who would only want the best deal for himself. That we understand," Saguisag said.
In a memorandum in support of the plea bargain offer, Ang’s lawyers said that apart from saving on time and expense to prove the guilt of their client, the government stands to gain a witness in some cases it is prosecuting and P25 million.
The usual plea bargaining agreement is such that the only benefit that the state gets is being able to save time and expense in having to prove the guilt of the accused, read the memo filed by Ang lawyers Alfredo Villamor and Ruth Castelo.
"In the instant case, the State stands to gain a lot more," the document added.
Ang struck a plea bargaining deal with prosecutors that will have him plead guilty to the much lesser offense of corruption of public officials which is punishable by a maximum of six years in prison, in exchange for the dropping of the plunder charges wherein Ang faces life imprisonment following President Arroyo’s suspension of the death penalty.
In exchange, Ang in his deal, offered to testify in government cases wherein he has personal knowledge and pay back the P25 million he took from the P130 million kickbacks from tobacco excise taxes.
Ang’s lawyers said in their memorandum that their client is nonetheless assured of getting a six-year prison term if the plea is approved.
The lawyers of Ang said their client will sell his family’s house at Corinthian Gardens subdivision in Quezon City which they said his family occupied even before he met Estrada.
The court has yet to issue a decision on Ang’s plea bargain offer.
Associate Justice Francisco Villaruz said in open court last Monday that Ang could not plead guilty to the charge of corrupting a public official in relation to indirect bribery as he did not give Estrada the bribe but merely delivered the P130 million to him.