Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
Branch 13, Davao City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.

Complainant, 4393-2018

-versus-
FOR: Violation of Section 3(b) of
R.A. No. 3019

FRANCISCA PLAS,
Accused.
x---------------------------------------------------x

JUDICIAL AFFIDAVIT OF
COMPLAINANT- HENRY PLUMA

This Judicial Affidavit of HENRY PLUMA is executed to serve as her

direct testimony in the instant case.

This Judicial Affidavit is being offered to prove:

A.) All the allegations in her affidavit that herein accused FRANCISCA
PLAS, violated Section 3(b) of Republic Act No. 3019 by directly,
indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for herself, in connection with the
infrastructure projects in Mlang, Cotabato which projects were
remained partially unpaid.

B.) That the said infrastructure projects were contracted by Gong Cha
Construction (Gong Cha) with a total project cost of ₱2 million and
 for the said projects, the municipality owed the contractor
₱919,027.00.

C.) That accused FRANCISCA PLAS, as the Municipal Mayor and the
approving authority of contracts involving the Municipality, willfully,
unlawfully and feloniously demanded or received money from
complainant HENRY PLUMA of Gong Cha Construction in
connection with contracts or transactions between the Government,
wherein the public officer in her official capacity has to intervene
under the law.

D.) That the said gift, present, share, percentage, or benefit consists of
10% of the total cost of the infrastructure projects and was made
under the condition that the final payments for said projects would
not be released, if said amounts would not be given to the accused
FRANCISCA PLAS.

This Judicial Affidavit was taken at Purok 1, Barangay Bialong, Mlang,

Cotabato on November 21, 2018.

QUESTIONS were propounded by prosecuting counsel, Atty. Maria

Katherina L. Gumboc, in English, which the affiant fully understands, while
ANSWERS were given/made by Henry Pluma, in English language to wit:

1. Q: Do you swear to tell the truth, the whole truth and nothing but the
truth?
A: I do.

2. Q: Are you aware that you may face criminal liability for false testimony
or perjury if you will not tell the truth?
A: Yes, I am aware.

3. Q: Please state your name, age, address and occupation.

 A: 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.

4. Q: How long have you been the Head Engineer of Gong Cha
Corporation?
A: For 7 years now.

5. Q: Who is the accused in this case?

A: The accused is Mrs. Francisca Plas. She is the Mayor of the
Municipality of Mlang.

6. Q: What is her relation to Gong Cha Construction?

A: Since she is the Mayor of Mlang, she is the approving authority of
the contract we entered into for the infrastructure projects.

7. Q: What is the incident now?

A: The incident happened last October 22, 2018 when I went to the
office of Mayor Francisca to tell her that the project will be fully finished
within a week and that my boss, Sir Ryan Gong Cha, wants to collect
the unpaid balance owed by the Municipality for the said infrastructure
projects.

8. Q: What happened next?

A: Mayor Francisca was happy to learn that the project will finally be
finished. However, she expressed her hesitations as to the collection
of the unpaid balance.

9. Q: What do you mean by “expressed her hesitations?”

A: She said that collecting the unpaid balance is not that easy
because according to her we took so much time in finishing the
infrastructure project.

10. Q: How long is the project?

 A: The project is from August 25, 2016 up to August 25, 2018. In other
words, it’s supposed to be for 2 years.

11. Q: When did you finish the project?

A: The project was finished on October 29, 2018.

12. Q: So there was indeed a delay?

A: Yes, there was. But the delay was due to the heavy storms
occurring during the month of September causing us to halt
operations every now and then. The Mayor was even aware of this
and she expressed her concern for the workers who might be
endangered if we continue to construct during the heavy rains.

13. Q: What happened next?

A: Mayor Francisca proceeded to say that I should tell Sir Ryan that
if he wants the payment for the unpaid price, she should get at least
10% of the total construction cost.

14. Q: How much is the total construction cost?

A: ₱2,000,000.00, as stated in the contract between Gong Cha and
Mayor Plas, which I requested to be marked as Exhibit A.

15. Q: What was your reaction?

A: At first, I thought she was just joking so I laughed. But when I
realized she was not, I asked her if she really meant what she said.

16. Q: What was her reply?

A: She said that she is serious. She further said that unless the said
amount will be given to her, she will not release the final payment.
She even added that Gong Cha Construction should be thankful
because she did not file a claim for damages for the delay in the
construction.

17. Q: What happened next?

A: I told her that I will report it to Sir Ryan.
 18. Q: After that, what happened next?
A: I left her office and relayed to Sir Ryan what Mayor Francisca told
me.

19. Q: What was the reaction of your boss?

A: He was mad with the condition but he agreed later on so that there
will no more be issues.

20. Q: What happened next?

A: On October 29, 2018, I went to the office of Mayor Francisca again
to deliver the check issued by Sir Ryan consisting of the 10% of the
total cost which is the amount she demanded.

21. Q: How much is the amount written in the check?

A: It’s ₱200,000.00

22. Q: I am showing to you a check dated November 30, 2018 payable

to the order of Mayor Francisca Plas marked as Exhibit B. Are you
familiar with this check?
A: Yes, it is the check I delivered to Mayor Francisca.

23. What was the reaction of Mayor Francisca?

A: She smiled happily and told me to tell Sir Ryan thank you and that
if there will be future projects in Mlang, she’ll make sure that Gong
Cha Corporation will be the first constructor she’ll call.

24. Q: After that, what happened next?

A: I left her office.

IN WITNESS WHEREOF, I have hereunto set my signature this 21st

day of November 2018 at Purok 1, Bialong, Mlang, Cotabato, Philippines.
 HENRY PLUMA
Affiant

SUBSCRIBED AND SWORN to before me this 21st day of November

2018 at Purok 1, Bialong, Mlang, Cotabato, Philippines, affiant exhibiting to
me his SSS ID No. 18-888888 valid until December 25, 2020, bearing his
photograph and signature thereon as his competent evidence of identity.

WITNESS MY HAND AND SEAL.

ATTY. MARIA KATHERINA L. GUMBOC

Assistant Provincial Prosecutor
Roll No. 67890 / 5-2-07
IBP. No. 667899 / 12-29-07
MCLE Exempt
PTR Exempt
Hall of Justice, Ecoland Street
Davao City

Doc. No. 1;
Page No 1;
Book No. 1 ;
Series of 2018.

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
X--------------------------------------------X

ATTESTATION

I, Atty. Maria Katherina L. Gumboc, of legal age, Filipino, single and a

resident of Davao City with office address at Toril, Davao City, Philippines,
under oath hereby states THAT:

1. I personally conducted and supervised the foregoing

examination of Ms. Jonie Tango of the above-entitled case;

2. I have faithfully caused to be recorded the questions I have

asked and the corresponding answers that the said witness
gave; and

3. I have neither coached nor was there any person who coached
or assisted the affiant in answering the questions propounded to
her

IN WITNESS WHEREOF, I have hereunto set my signature this this

21st day of November 2018 at Davao City, Philippines.
 Atty. Maria Katherina L. Gumboc
Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public of Davao

City, Philippines, this 21st day of November 2018, Atty. Maria Katherina L.
Gumboc exhibited to me her GSIS I.D. #10-234557 valid until December 25,
2020 with her photograph and signature indicated thereon as his competent
evidence of identity.

ATTY. HARRY LEMONADA

Notary Public – Davao City
Until December 31, 2019
Notarial Commission Serial No. 57
PTR No. 9676324, 01/03/13.
IBP Member Roll No. 616538, 01/03/13.
Roll of Attorneys No. 51494
TIN No. 209-971-057; 05/30/13.
MCLE Compliance No.12846, 01/05/13.

Doc. No. 11 ;
Page No 3;
Book No. 1 ;
Series of 2018.