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Presentation of Mr.

Joseph Siy
Atty. Perez: With the permission of the Honorable Court, may I proceed your
Honor?

Court: Proceed!

Atty. Perez: With the permission of the Honorable Court, we are presenting and
offering the testimony of the accused, Mr. Joseph Siy to prove the following:

(1) That he did not personally converted and misappropriated the amount
of Php 60, 037.00 representing an overpriced amount of a (1)
motorcyle with a stainless sidecar worth Php 140,000.00; (2) computer
set worth Php 65,000.00, both purchased by Barangay 77, Zone 10,
Pasay City.
(2) To prove the legality in procuring the items alleged to be overpriced.
(3) To prove that it was not his sole decision to procure the questioned
items but of the

Q: Mr. Witness, are you the same Mr. Joseph Siy, impleaded as an accused in
this criminal case for malversation of public funds?

A: Yes.

Q: Do you know Mr. Rodolfo Bonoan?

A: Yes.

Q: How are you related to him?

A: He was previously the Chairman of the Committee on Appropriation of our


Barangay back in 2008.

Q: Would you recall having executed a Sinumapanng Salaysaywith a


signature bearing your name?

A: Yes

Q: If shown to you, would you be able to recognize it?

A: Yes

Q: Is this your signature?


A: Yes.

Q: Why are you the one only impleaded in this case?

A: We are rivals in politics. I removed him as Chairman of the Committee on


Appropriation. That is why he has a bad motive against me.

Q: Theres a complaint filed against you by Mr. Bonoan alleging that you
purchased an overpriced motorcycle and computer set, what can you say?

A: I did not use the money appropriated by the Barangay for personal use. In
fact, those items were purchased from suppliers. Also, there was a
corresponding appropriation from our barangay.

Q: Do you have any proof that those items were purchased from the suppliers?

A: Yes. I have receipts and sales invoice from the suppliers.

Q: I have here copies of the receipts and sales invoices from Lomapel
Enterprises for the motorcycle and Cruzadi Trading for the computer set, would
you know if these receipts and sale invoices are the same with the receipts you
are pointing out?

A: Yes. These are the same receipts and sales invoices.

Q: With reference to the aforementioned items, how are those items


purchased?

A: True enough that the procurement of those items did not went through
Bidding. However, there is this recognized and alternative mode of
procurement allowed by the law which is shopping.

Q: When does shopping allowed by the law?

A: Under IRRA-A Section 52 b, RA 9184, shopping is allowed by the law as an


alternative mode of procurement when:

(1) When ordinary or regular office supplies and equipment needs to be


procured, the price purchase not exceeding P250,000.00.
(2) The procurement does not result in splitting of contracts
(3) At least quotations from 3 bona fide suppliers must likewise be
obtained.

Q: So if it went through shopping, what is your proof?


A: Firstly, the subject items are ordinary and regular items to be used for the
operational needs of the barangay. Secondly, the total amount of the
motorcycle and computer set did not exceed Php 250,000.00. The total amount
of the two was just Php 205,000.00. Lastly, prior to its procurement, we got 3
quotations from 3 bona fide suppliers.

Q: I have here copies of quotations from different bidders, would you know if
these quotations with your signature on it and the signatures of barangay
councilors, the same with the quotations we were pointing out earlier?

A: Yes

Q: Why is it among the kagawads or barangay councilors who signed the


quotations, only Mr. Isagani Cruz and Mr. Rodolfo Bonoan did not sign the
same?

A: Because

Q: Do you think that P140,000 and P65,000 were a reasonable price for a
motorcycle and a computer set that time?

A: Yes. In fact, before we procured those items, we got quotations from 3 bona
fide suppliers and from the said suppliers, we got the lowest price offered.

Q: After the incident, have you ever eceive a notice of disallowance?

A: yes.

Q: What did you do upon receipt of the notice of disallowance?

A: I paid it right away.

Q: Why did you pay?

A: I paid right away just to settle the issue and at that time, I was indiamted by
the COA to pay.

Q: To whom did you pay?

A: I paid to Commission on Audit.

Q: Whats the mode of payment?

A: I have paid in cash or check?


No further question you Honor.

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