SCRIPT

TOPIC: Presentation of Evidence for the Prosecution on Violation of RA 3019

PROSECUTOR: Maria Katherina Gumboc
DEFENSE LAWYER: Therese Anne Candolita

JUDGE: Appearances.

(Lawyers stand)

PROSECUTOR: Good afternoon, Your Honor, I am Atty. Maria Katherina Gumboc, appearing for
the People.

DEFENSE: Good afternoon, Your Honor, I am Atty. Therese Anne Candolita, appearing for the
accused.

JUDGE: Are the witnesses for the prosecution present in court?

(Witnesses stand)

PROSECUTOR: Yes, Your Honor.

JUDGE: Very well. Call the first witness and let the witness take his oath.

(Witness proceeds to the stand and takes oath)

PROSECUTOR: Your Honor we are presenting Engr. Henry Pluma as our first witness.

CLERK: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth before this Court?

INTERPRETER: Itaas imong tuong kamot. Manumpa ba ka nga magsulti ka sa kamatuoran ug sa

way lain kundi ang kamatuoran sa atubangan niini nga Korte?

COMPLAINANT: I do.

INTERPRETER: Oo.

CLERK: State your name, age, residence, civil status, and occupation.

INTERPRETER: Isulti imong ngalan, edad, puy-anan, civil status, trabaho.

COMPLAINANT: I am Henry Pluma, 32 years of age, single and a resident of Purok 1, Barangay
Bialong, Mlang, Cotabato. I work as the Head Engineer of Gong Cha Construction.

INTERPRETER: Ako si Henry Pluma, trenta-y-dos anyos, single, ug gapuyo sa Purok 1, Barangay
Bialong, Mlang, Cotabato. Ako ang Head Engineer sa Gong Cha Construction.

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 PRESENTATION OF PROSECUTION’S WITNESS:
HENRY PLUMA

Direct Examination

PROSECUTOR: May we proceed your honor?

JUDGE: Alright, you may proceed.

PROSECUTOR: Your Honor, we offer the testimony of the complainant-witness Engr. Henry Pluma
to prove the allegation that herein accused, Mayor Francisca Plas, committed a
violation of Section 3(b) of RA 3019. The witness also manifested beforehand that
he wishes to give his testimony in the English language.

JUDGE: All right.

PROSECUTOR: Engr. Pluma, do you remember executing a judicial affidavit for this case?

WITNESS: Yes, Ma’am.

PROSECUTOR: I am showing you a document which is entitled as Judicial Affidavit, is this the same
judicial affidavit you executed?

PLUMA: Yes, Ma’am.

PROSECUTOR: The Witness has positively identified the Judicial Affidavit marked as Exhibit “A”,
this serves as the direct testimony of Engr. Henry Pluma.

PROSECUTOR: I am showing you this document, consisting of 9 pages, with a signature written on
the affiant portion. Whose signature is that?

PLUMA: It’s my signature.

PROSECUTOR: The Witness has positively identified his signature in the Judicial Affidavit marked
as Exhibit “A-1”.

PROSECUTOR: Can you please review and confirm the contents of the Judicial Affidavit? Do you
wish to change anything?

PLUMA: Yes, I confirm, Ma’am. I do not wish to change anything.

PROSECUTOR: Do you confirm the attachments made in this Judicial Affidavit?

PLUMA: Yes, Ma’am.

PROSECUTOR: That would be all for the direct examination, your Honor. Witness is now ready
for cross-examination.

JUDGE: Any cross-examination from the defense?

DEFENSE: Yes, your Honor. May I approach the witness?

JUDGE: Proceed.

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DEFENSE: Mr. Witness, You are working as head engineer for Gong Cha Construction, is
that correct?

PLUMA: Yes that is correct, attorney.

DEFENSE: How long have you been working as head engineer for Gong Cha Construction?

PLUMA: For 7 years now, attorney.

DEFENSE: And out of the 7 years you’ve worked for Gong Cha, how many projects did the
company enter into with the Municipality of Mlang with you as Head engineer?

PLUMA: This is our 3rd project with the Municipality of Mlang, attorney. The first one was
when Mrs. Alpas was still the mayor, back in 2012, then the 2nd one was already
under Mayor Plas, for a road widening project in 2015.

DEFENSE: So is it safe to say, Mr. Witness, that this is not the first time that you’ve worked
with respondent?

PLUMA: Yes, it’s not the first time, attorney.

DEFENSE: For the contracts entered into between Gong Cha and the Municipality, what role
does respondent Francisca Plas play?

PLUMA: She is the approving authority for the contracts because she is the mayor.

DEFENSE: Okay, so you say respondent is the “approving authority” for contracts, in fact you
also mentioned it in your Judicial Affidavit. But what exactly do you mean when
you say Mr. Witness, that respondent is the “approving authority”?

PLUMA: I mean, attorney, that without her signature, we could not start the construction.

DEFENSE: In the past road widening project between Gong Cha and the municipality, where
respondent Plas was mayor, how was your working relations?

PLUMA: Our working relations in that past project was good, attorney. That is why I was
really shocked when Mayor asked for grease money for this current project.

DEFENSE: Wait, my question Mr. Witness, is what do you mean exactly by “Our working
relations in the past project was good”?

PLUMA: I mean attorney that, at the end of every month, I would go to her office and give
her updates about the status of the construction. During these times, sometimes
we would talk about our respective families, sometimes we would share
problems. Things like that. Like Mayor told me about a month ago that she
wanted to borrow money from me to process her Australian visa.

DEFENSE: So respondent once asked to borrow money from you last month? So are we
talking here about a loan agreement?

PLUMA: Yes, it was a loan.

DEFENSE: For how much was the loan?

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PLUMA: For P200,000, attorney.

DEFENSE: And did you let the respondent borrow the money?

PLUMA: I told Mayor that I didn’t have that kind of money. I told her that maybe I can ask
Sir Ryan to let her borrow the money.

DEFENSE: And who is this Sir Ryan you are talking about?

PLUMA: My boss Sir Ryan Gong Cha, the owner of Gong Cha Construction.

DEFENSE: And did your boss lend the respondent money?

PLUMA: Yes attorney, Sir Ryan lent Mayor the P200,000. I acted as the guarantor for that
loan agreement.

DEFENSE: I have no more questions, your Honor.

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