This means deposed President Joseph Estrada’s former gaming adviser is likely be released soon.
By entering into a plea bargaining agreement with the government, Ang avoided a possible conviction for plunder, which carries penalties of 40 years to life imprisonment and confiscation by the state of any of his assets deemed unlawfully acquired.
In a three-page manifestation filed yesterday with the Sandiganbayan Special Division, Chief Special Prosecutor Dennis Villa-Ignacio and Deputy Special Prosecutor Robert Kallos said the prosecution leaves Ang’s petition for probation "to the sound discretion" of the court, subject to the recommendations of the probation officer.
The prosecutors also posed no objection to the motion for bail. Ang’s legal counsel Ruth Castelo told The STAR that her client could post bail even if he had already been convicted of the lesser offense of corruption of public officials in relation to indirect bribery.
"Under the revised criminal procedure, this is allowed pending a hearing on the probation," said Castelo.
If the probation is denied, she said, the convict who is out on bail must return to prison.
Ang had earlier asked the Sandiganbayan to allow him to be placed under probation instead of serving a prison term of two to six years after he pleaded guilty to a lesser offense.
Ang’s lawyers also asked earlier the Sandiganbayan to consider as "term-served" the period of his detention in the United States during which the Philippine government’s extradition case against him was in progress, as well as the almost four months that he has been under police custody since his return to the country in November 2006.
Ang has served more than five years imprisonment already from the time he was arrested in the United States until his return to the Philippines.
Ang will only serve a maximum total of six years based on the sentence given him by the Sandiganbayan. He could even be out soon if probation is granted before the six-year term ends.
Ang’s pleading to a lesser offense is part of a plea bargaining agreement he signed with the government in exchange for the return of the P25 million he admitted he received, which is part of the alleged P130 million kickback from the tobacco excise tax.
Part of the kickback was allegedly received also by former President Estrada, for which he was charged with plunder and imprisoned. Other co-accused were also named and charged.
The Sandiganbayan also ordered Ang to pay the full amount of P25 million in cash. The court also declined Ang’s offer to surrender his family’s mansion in Corinthian Gardens in Quezon City in lieu of the money.
Presiding Justice and Special Division chairperson Teresita Leonardo-de Castro stressed that civil liability must be paid in the full amount and in cash.
The prosecution said in their manifestation that "since the penalty imposed by the Court to accused Charlie ‘Atong’ Ang is probationable under the Probation Law, and considering that the investigation to be conducted by the probation officer upon order of the Court is administrative in nature, the Prosecution therefore, submits the said petition for probation to the sound discretion of this Honorable Court."
Ang was named co-accused in the P4.1-billion plunder case along with former President Estrada, Sen. Jinggoy Estrada, lawyer Edward Serapio, Yolanda Ricaforte, Delia Rajas, Alma Alfaro and Eleuterio Tan.
The P25 million was part of the P130 million that was supposed to go to the province of Ilocos Sur but was instead delivered by Ang allegedly to Estrada at the former president’s house on No. 1 Polk Street, North Green Hills, San Juan.