JUDICIAL AFFIDAVIT OF MR.

ROBERT ZENTNER

I, Mr. Robert Zentner, of legal age, single, and
living at 762 Washington Drive, Honolulu, Hawaii, state
under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. John Benedict T.
Tigson with office address at 106 L.P. Leviste Street,
Makati City. The examination is being held at the same
address. I am answering his questions fully conscious
that I do so under oath and may face criminal liability for
false testimony and perjury.

PURPOSE: This affidavit/testimony of Mr. Robert
Zentner is being offered to prove the veracity of the
Answer and the Counter Arguments made therein by the
Defendant Airlines as well as to disprove the allegations
made by the plaintiffs in their complaint.


1. Q. Please state your name and other
personal circumstances for
the record.
A. I am Robert Zentner, Forty Two Years
Old, married and a Licensed Pilot of the
Pan American Airlines.

2. Q. How long have youve been a Licensed Pilot and
how long
youve been an employee of Pan
American Airlines?
A. I have been a Licensed Pilot for Twenty years.
The same years I have been with Pan American Airlines.

3. Q. Can you prove the same?
A. Yes sir.
(Attaching the License duly issued by
the United States Regulatory
Commission stating that the date of
issuance of the said License as Annex
1 and the Employee Certificate duly
issued by the Human Resource Office of
Pan American Airlines as Annex 2)


4. Q. How much are you getting as a Pilot?
A. Around Thirty Thousand Dollars and
other benefits.

5. Q. What are these benefits?
A. We have allowances, seminars and
trainings incidental to our job, which in my case
being a Pilot of a Plane.

5. Q. Can you elaborate on the seminars and
trainings you have attended? What are these types of
seminars?
A. Yes. Seminars regarding flight
situations. How to deal with clients,
how to react on a bomb scare, among
others.

6. Q. Do you have of proofs that you have indeed
attended such seminars and trainings?
A. Yes sir, I have Certificates from the different
accredited organizations who have
conducted the said trainings.
(Attaching the Certificate of Attendance
from different seminars and trainings as
Exhibit 3)

7. Q. Do you remember Flight No. 841-23?
A. Yes. I am the Chief Pilot of such flight from
Honolulu, Hawaii to Manila, Philippines.

8. Q. Can you describe to flight plan for such flight?
A. There would be two legs for such flight,
the first leg is from Honolulu to Wake
Island and the second leg is from Wake
Island to Manila. That is the mandatory
flight plan for Planes coming from
Honolulu to Manila.

9. Q. Can you describe the flight on the first leg?
A. There is an unusual small amount of
roughness. But technically, fine throughout.

10. Q. You said earlier that you have two legs for
the flight, how long is the interval for you to
disembark for the second leg?
A. The mandate is as soon as possible that
would be usually an hour but for the said flight, we took
off two hours after arriving in the said leg. The first
statement of the witness is non-responsive to the
question.

11. Q. What is the reason for such delay?
The question calls for a conclusion.
A. A person by the name of Rafael Zulueta,
plaintiff for this case and a passenger of the
subject flight, is one of the causes for such
delay.

12. Q. What undertakings did Rafael Zulueta
do to cause such delay? The question is leading.
A. For such flight, we advised the
passengers that they could disembark
for a stopover of thirty minutes and
return to the plane after the said period.
Mr. Zulueta did not return for the period
allowed along with the two passengers,
the other causes of the delay.
Witness is narrating.

13. Q. Who are these two passengers, you
have mentioned for the previous question?
A. Mr. Leonardo Michaels and Mr. Dave
Bautista.

14. Q. What did these gentlemen do to
cause delay? The question is leading.
A. The same with Mr. Zulueta but with no
commotion.

15. Q. Can you define the commotion you earlier
stated? The question has no basis.
A. Yes. After Mr. Zulueta returned from his
overly spent period for disembarkation,
he is shouting in a belligerent manner
and averring that we almost made him
miss his flight because allegedly our PA
system is defective.

16. Q. Is the averments made by Mr. Zulueta true?
The question asks for an opinion rather than
facts.
A. No. We paged him and everyone within
the 100 yards would have heard the
same and it is the responsibility of a
passenger to return to the plane within
the limited period. I would assume that
Mr. Zulueta is not within the said 100
yard radius.

17. Q. Where were you when Mr. Zulueta
started averring the statements he
made in the preceding questions and
why are you there?
A. I was about five meters away from Mr.
Zulueta. I am with other Pan Am
personnel discussing with a possible
causes why several persons are
causing delay and a possibility of a
bomb in the plane.

18. Q. Can you elaborate on such supposedly
bomb in the plane?
A. Prior to leaving for the flight, I received a
telephone call from an unidentified
source that there would be a bomb in
the plane. During the initial embarkation,
we thoroughly examined all the bags
and packages to be transported. The
result was negative. Thus, I
concluded that it is just a mere prank
and disregarded the same. I
entertained the thought during the
discussions since it is possible that
the passengers deliberately left the
plane so that they would be safe from
the possible bomb explosion.

19. Q. You entertained such thought despite
the thorough examination of the bags
and packages to be transported?
A. Yes. Since I learned, during the
seminars and trainings about bomb
scare and threats, that despite the
necessary precautions made during the
pre-embarkation, we should still be wary
of such threats.

20. Q. What did you conclude then? The question
asks for an opinion rather than facts.
A. Based from the actions made by Mr.
Zulueta, he could have been carrying a
bomb.

21. Q. What is your authority on making
such conclusions? The question has nothing to do
with the case.
A. The seminars and trainings that I
attended and my twenty year
experience as a Pilot and as an
employee dealing with passengers.

22. Q. What did you do afterwards, if any?
A. I ordered them to present their baggage
tickets and I immediately ordered the
ground staff to retrieve the same.

23. Q. Were you able to retrieve the same and
what did you do afterwards?
A. No. Only three of the four bags of Mr.
Zuluetas Family. I requested Mr.
Zulueta to open the bags for inspection.

24. Q. Did he accede to your request?
A. No.

25. Q. What was Mr. Zuluetas demeanor
during the said incident?
A. Mr. Zulueta is belligerent, authoritative,
irritated, and unstable.

26. Q. What were your actions after the said
refusal, if any?
A. I immediately ORDERED that they
would be off-loaded to the plane and
leave them in Wake Islands. >> I did the
same since it is for the best interest of
all the passengers and because I am
wary of the state of mind of Mr. Zulueta
at that time. His state of mind might
cause trouble inside the plane.
Witness is narrating.

27. Q. Based from the records of the case,
Mrs. Zulueta and their daughter was
able to get in the plane, is this correct
and if correct what made you decide
on the same? Compound question.
A. Mr. Zulueta requested for them to be in
the plane and at the same time, Ms.
Zulueta along with the daughter
interposes no threat whatsoever. I left
them in after thorough physical
examination.

28. Q. What happened to the fourth bag and
other two passengers you earlier
mentioned?
A. The fourth bag was retrieved inside
the plane and Mrs. Zulueta allowed
us to inspect the same and we found
out that there was no threat whatsoever.
We did the SAME undertakings to Mr.
Zulueta to the other two passengers.
They are very much cooperative and
allowed us to inspect their bags.

29. Q. What happened to Mr. Zulueta
afterwards?
A. I am not the proper person to answer
the question since the Airport Manager
took over afterwards.

30. Q. Do you want to add anything to the
foregoing?
A. None.

31. Q. Were you coerced in doing this Judicial
Affidavit?
A. No. I freely and voluntarily executed this
Affidavit.

(5) Q. Can you elaborate on the seminars and trainings
you have attended? What are these types of seminars?
Yes. Seminars regarding flight situations. How to
deal with clients, how to react on a bomb scare,
among others.

In your earlier testimony, you said that have been
working in PAN-AM for 20 years as a PILOT, is this
correct? YES
As a PILOT for PAN-AM Airlines, what are your
responsibilities?
- In general, safety of the flight
In the seminars you attended, particularly in dealing
with bomb scares, are there demonstration of
procedures and/or protocols relating to the same?
- Does PAN-AM have procedures and/or protocols
relative to bomb threats? YES
- What are the protocols, if any, does PAN-AM
have regarding bomb threats?
- In general,
In relation to any such protocol and/or procedures, is
it correct to say that PAN-AM enforces such
protocols to provide a safe flight or trip? YES
Are you the PILOT in FLIGHT No. 841-23? YES
- Before taking off, what do you usually do?
- OR What is the protocol of PAN-AM require pilots
to do?
Before taking off, did you perform or did the airline
perform the standard protocols to ensure the
passenger or flight safety?
What is the result of such search, particularly, are
there any threats to the safety of the passengers?

(18) Q. Can you elaborate on such supposedly bomb in
the plane? A. Prior to leaving for the flight, I received a
telephone call from an unidentified source that there
would be a bomb in the plane. During the initial
embarkation, we thoroughly examined all the bags
and packages to be transported. The result was
NEGATIVE. Thus, I concluded that it is just a mere
prank and disregarded the same. I entertained the
thought during the discussions since it is possible that
the passengers deliberately left the plane so that
they would be safe from the possible bomb
explosion.

You performed the safety procedure check during
the initial embarkation, is this correct? YES.
Did you report the threat to PAN-AM management?
NO.
- YES
- NO: Why not?
In your Affadivit, you mentioned that you thoroughly
examined all the bags and packages on board and
the result is NEGATIVE. Is this correct? YES.

(17) Q. Where were you when Mr. Zulueta started
averring the statements he made in the preceding
questions and why are you there? A. I was about five
meters away from Mr. Zulueta. I am with other Pan
Am personnel discussing with a possible causes
why several persons are causing delay and a
possibility of a bomb in the plane.

Who are the personnel discussing the possibility of a
bomb threat?
In you earlier statement, you disregarded the bomb
threat because the result of the search is negative,
is this correct? YES.
What then is your basis for performing another
baggage check?
Did you perform another check? YES.
Did you subject all the passengers to this baggage
check?

(25) Q. What was Mr. Zuluetas demeanor during the
said incident? A. Mr. Zulueta is belligerent,
authoritative, irritated, and unstable.

What do you mean by the statement? Are you
referring to Mr. Zuluetas conduct during the
checking of the bags?
Do you know what happened or what took place
before the baggage check? [***]

(26) Q. What were your actions after the said refusal, if
any? A. I immediately ORDERED that they
would be off-loaded to the plane and leave them in
Wake Islands. >> I did the same since it is for the best
interest of all the passengers and because I am wary of
the state of mind of Mr. Zulueta at that time. His state of
mind might cause trouble inside the plane. Witness is
narrating.

Is this the standard protocol of the PAN-AM airlines?

(28) Q. What happened to the fourth bag and
other two passengers you earlier mentioned? A. The
fourth bag was retrieved inside the plane and Mrs.
Zulueta allowed us to inspect the same and we found
out that there was no threat whatsoever. We did the
SAME undertakings to Mr. Zulueta to the other two
passengers. They are very much cooperative and
allowed us to inspect their bags.



PRELIMINARY STATEMENT

The person examining me is Atty. Jiselle Rae
Aumentado Villamor with address at Leviste St. Makati
City. The examination is being held at the same address.
I am answering her questions fully conscious that I do so
under oath and may face criminal liability for false
testimony and perjusry.


PURPOSE: This affidavit/testimony of witness, Michael
Thomas, is being offered to prove that plaintiff, Rafael
Zulueta, intended to remain in the Wake Island because
he had quarreled with Mrs. Zulueta. Witness will prove
that when the searching party located plaintiff, the latter
was shouting in a loud tone of voice showing anger at
his wife and daughter who headed the search party.
Witness will also prove that the remarks said by the
plaintiff to his wife and daughter are indications that
there was indeed the intention of plaintiff to remain in the
Wake Island and such stemmed from some domestic
misunderstandings.


1. Q: Please state your name and other
personal circumstances for the record.
A: Michael Thomas, 45 years old, married,
currently residing at 5
th
Avenue, Taguig City.

2. Q: What is your occupation?
A: I work as an employee of PANAM
airport customer service.

3. Q: You said that you are an employee of
PANAM airport customer service, what do you
particularly do as a customer service employee?
A: I see to it that all passengers are
present upon boarding announcement and
subsequently check if passengers in the flight
are complete.

4. Q: What action will you take if you
discover that a passenger is not present
upon boarding. The question is leading.
A: First, we page the said passenger and
then I go with the party tasked to search the said
passenger.

5. Q: Where were you in the early morning of
October 23, 1964?
A: I was at work at Wake Island airport.

6. Q: Do you know the plaintiff of this case,
Rafael Zulueta?
A: Yes. He was a passenger of PANAM
Flight No. 841-23 which had a stopover in
Wake Island. The second statement is
beyond the scope of the question asked

7. Q: You said that you know the
mentioned passenger, does that mean that
you know personally each and every
passenger of the flights of your employer?
The question is misleading.
A: No, Maam. I dont know each and every
passenger of every flight, except when there
are special incidents that happen.

8. Q: How did you get to know the plaintiff,
Rafael Zulueta?
A: He was the missing passenger when the
flight was called and when the passengers had
boarded the plane, we noticed that he was
absent.

9. Q: You said that he was absent when the
flight was called and the passengers boarded
the plane, what did you do when you found
out that Mr. Zulueta was not around?
A: The take-off was cancelled for a while
by the aircraft and we, the customer
servicemen made efforts to locate him. The
witness answer is not responsive to the
question.

10. Q: Who were with you when you search for
him?
A: I was with Mr. Zuluetas wife and
daughter, our fleet servicemen and other
PANAM customer service search party.

11. Q: Where did you search for him?
A: We searched for him at the terminal
building and nearby vicinity and then went on to
the direction of the beach.

12. Q: Were you able to locate Mr. Zulueta?
A: Yes, Maam. We located him near the
beach walking.

13. Q: Did he see you and the search party?
A: Yes, he saw us and walked towards his
wife and daughter.

14. Q: Did you call his attention?
A: No, because he already saw us and he
walked towards our direction.

15. Q: What was the manner of his approach
when walking towards you?
A: He was just walking and he was saying
something in a loud tone of voice. I could sense
that he was kinda mad at his wife and daughter.

16. Q: You said that he was saying something
in a loud tone of voice, what was he saying?
A: He said, Why are you here? and he
also said, so you still looked for me, huh?! He
said both remarks in an angry tone.

17. Q: You said he said those remarks in an
angry tone, to whom was the remark directed?
A: At his wife.

18. Q: You said the remarks were directed at
his wife, did you hear any response from the
wife?
A: Yes, Maam. I heard the wife said I am
sorry, I am sorry. Also his daughter said, I am
sorry.

19. Q: What did Mr. Zulueta do after that?
A: He was just standing there still angry
and did not utter any word except that his face
was blushing from anger. He was looking away,
opposite to where his wife was.

20. Q: So when the passenger had been
found, what was the next step taken?
A: It was too quick. We were about to walk
back to the ramp and then to the boarding gate
when my co-employee called out to our
supervisor riding on his jeep that the passenger
has been found.

21. Q: How did you go back to the ramp and
boarding gate?
A: We rode on the jeep so our supervisor
led us towards the ramp.

22. Q: After the ramp, where did the group
proceed?
A: The group proceeded to the boarding
gate but I did not go with them anymore.



IN WITNESS WHEREOF, I have hereunto set
my hand this 11
th
day of August 2014 at Makati City.


JUDICIAL AFFIDAVIT

This Judicial Affidavit of Kenneth Sitton is executed to
serve as his direct testimony in the instant case. This
Judicial Affidavit is offered to prove: (1) all the
allegations in the answer; (2) including all the ANNEXES
appended thereto, which he respectfully requests to be
correspondingly marked as EXHIBITS in this case; and
(3) all matters related thereto, with reservation to present
additional exhibits in the course of the proceedings of
the instant case.

QUESTIONS were propounded by plaintiffs counsel,
Atty. Maria Louissa Ayson at Unit 456 MLPA Tower, 789
Shepherd St., Wake Island, in English, which the affiant
fully understands; while ANSWERS were given/made by
witness Kenneth Sitton in English.

I, Kenneth Sitton, United States, single, and a
resident of 123 Canary St., Wake Island, after having
been duly sworn in accordance with law, hereby depose
and say:

Q: What is your name?
A: I am Kenneth Sitton.

Q: Where do you live?
A: I live at 123 Canary St., Wake Island.

Q: Are you currently employed?
A: Yes, I currently work as the airport manager of Pan
American World Airways, Inc.

Q: What do you do as an airport manager?
A: I ensure the safe and efficient operation of the
airport on a daily basis. This includes making sure that
all staff is able to provide polite, prompt and correct
information to travels, that they know airport policies and
procedures, and that passengers, luggage and freight
move through the airport in a logical and timely manner.
Security and troubleshooting any problems are also
part of my job.



Q: Do you know the complainants in this case?
A: They were passengers on PANAM flight no. 841-23
on 23 October 1964, bound from Honolulu to Manila.

Q: And where were you on 23 October 1964?
A: I was working that day in the Wake Island Airport.

Q: How do you know the complainants?
A: They were involved in an incident on their stopover at
Wake Island.

Q: What would be this incident be?
A: The take-off of flight 841-24 bound for Manila was
delayed because one of the complainants, Mr. Zulueta,
was missing. Some of the passengers searched for him.

Q: Where were you at this moment?
A: I was standing at the gate with my colleague, Wayne
Pendleton.

Q: What is the job of Mr. Pendleton?
A: He is the airport customer service supervisor.

Q: What happened to the search of the other
passengers?
A: They saw Mr. Zulueta walking back from the beach
towards the terminal. Afterwards, we saw them walking
towards us at the gate.

Q: What happened at the gate?
A: My colleague Wayne Pendleton stopped them at the
gate. I also saw the captain of the flight standing on the
ramp.

Q: What was the captain doing at the ramp?
A: He was talking with the senior maintenance
supervisor and some other people. The captain
motioned for Wayne to join him, and for the Zulueta
family to stop for a moment.

Q: What happened after?
A: I heard Mr. Pendleton ask for their baggage claim
checks, and the plaintiffs gave it to them.

Q: Why were the baggage claim checks asked for?
A: To be able to retrieve their luggage from the plane.
Their bags were retrieved but only three out of the four
bags were found.

Q: What did you do, at this moment?
A: I asked the Zuluetas to open their bags so PANAM
employees could inspect them.

Q: Did they open their bags?
A: No. Mr. Zulueta refused and warned that we could
only open the bags by force and he threatened us
with a lawsuit as well. The witness is narrating; the
question only asks for

Q: Why did you want to open their bags?
A: Because Captain Zentner told us there was a
report of someone having a bomb on board. We
suspected the plaintiffs had the bomb in their
luggage.

Q: What happened thereafter?
A: Because he refused to cooperate, I told Mr. Zulueta
he cannot proceed to Manila on board the same flight. I
also handed him a letter.

Q: What were the contents of this letter?
A: In this letter I told Mr. Zulueta that we were forced to
off-load him because he refused to open his luggage for
inspection. I also included the duration of his stay in
Wake Island and the rates for his accommodation.

Further Affiant sayeth none.

IN WITNESS WHEREOF, I have set my hand this 14
th

day of August 2013, in Metro Manila, Philippines.