Gov’t to waive death penalty to hasten Atong’s extradition

To expedite his extradition from the United States, the Department of Justice said it has prepared the waiver for the imposition of the death penalty on Charlie "Atong" Ang in case he is convicted of the plunder charges filed against him as co-accused of ousted President Joseph Estrada.

Lawyer Gabriel Enriquez, Justice Secretary Simeon Datumanong’s deputy chief of staff, said the proposed undertaking was sent to the Office of the President for approval.

The assurance that Ang will not be subjected to capital punishment once extradited is a requisite in the extradition treaty between the Philippines and the United States.

The need for the undertaking was underscored by US DOJ lawyer and legal attaché to Manila Jeffrey Cole, who is representing the Philippine government in the extradition case at the Nevada court.

"The American end made mention of that (waiver). (The lack of) it might affect the speedy disposition of the case," Enriquez told reporters.

Ang, a former friend and adviser to Estrada, was charged with plunder for allegedly funneling around P130-million tobacco excise tax and illegal gambling payoffs to the deposed president during his term. Plunder is punishable by death in the country.

Ang left the country at the height of the impeachment trial against Estrada and was arrested in November 2001 in Las Vegas. He spent a year in a North Las Vegas jail before he was freed late last year on $300,000 bail.

Earlier reports disclosed since Ang’s apprehension, US District Judge Lawrence Leavitt had said he would not send Ang to the Philippines to face a capital charge.

Cole told the court that Philippine government promised to waive the death penalty if Ang is extradited to face trial.

The DOJ expects Ang to be back by December, and the possibility of making him a state witness against Estrada is also being studied.

Chief State Prosecutor Jovencito Zuño said the US court will likely set another hearing in October before making its decision on whether to grant the government’s request for extradition.

Ang is currently free as Leavitt agreed to release him with conditions including electronic home monitoring, the surrender of his passport and payment of $300,000 bail. – Aurea Calica