Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 123, Pasay City

JOSE A. MABINI,
Plaintiff,

-versus- Civil Case No. 3442345

FOR: Breach of Contract
ASIA PACIFIC AIRWAYS, INC.,
Defendant.
x--------------------------------------------x

JUDICIAL AFFFIDAVIT OF __________

This Judicial Affidavit of __________ is executed to serve as his direct testimony

in this instant case. This Judicial Affidavit is being offered to prove the following:

a) All the allegations in the Answer, including all the annexes appended thereto and
which are already marked as exhibits in this case; and
b) All other related matters, facts, and circumstances relevant and material thereto.

This Judicial Affidavit was taken at the office of Atty. XXX YYYY at 1500 Taft
Avenue, Pasay City. The questions were asked by Atty. XXX YYYY in the English
language, which the witness fully understands. The questions, which were numbered
consecutively, are followed by the answers given by the witness.
(1) Q. Do you swear to tell the truth and nothing but the truth in the execution of this
judicial affidavit?
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 of that.

(3) Q. Please state your name, age, and address.

A.I am Jose A. Mabini. I am 40 years old with address at 2600 Legarda Street,
Sampaloc, Manila.

(4) Q. Do you know a certain Jose A. Mabini, who is the plaintiff of this case?
A. Yes, that certain Jose A. Mabini and I are the same. I am the plaintiff in this case.

(5) Q. How about Asia Pacific Airways, Inc? Are you familiar with this company, who
is the defendant in this case?
A. Yes, I am familiar with Asia Pacific Airways, Inc.

(6) Q. How did you come to know about Asia Pacific Airways, Inc?
A.About June 2, 2019, I bought tickets for my friends and I from the said airline.

(7) Q. I am showing you this ticket referred to as Annex/Exhibit “A”. Do you know this
ticket?
A. Yes, that is the same ticket that I bought for myself from Asia Pacific Airways, Inc. It
was an economy class airline passenger ticket for June 05, 2019, 5:15pm flightfrom
Manila to Hong Kong.

(8) Q. Was that the only transaction you had with the Defendant Airline that day?
A.No, as I have said, I also bought tickets for my friends — Maria Dominga Mabini and
Maria Donada Salazar.
(9) Q. I am showing you two (2) economy tickets — one under the name of Maria
Dominga Mabini (marked as Annex/Exhibit “B”) and another one with the name of Maria
Donada Salazar (masked as Annex/Exhibit “C”). Are you familiar with these tickets?
A.Yes. Those were the same tickets that I have personally bought from Asia Pacific
Airways, Inc. at the head office located at PNB Financial Center, CCP Complex,
Macapagal Avenue, Pasay City.

(10) Q. What did you do on the day of the scheduled flight as indicated the ticket that
you have just identified?
A.My friends and I check-in at the check-in counter of Asia Pacific located in Terminal 3,
Ninoy Aquino International Airport.

(11) Q. What happened after that?

A.I was issued a business class boarding pass while my friends were given economy
boarding passes.

(12) Q. I have here a business class boarding pass under the name of Jose A.
Mabini, which was marked as Annex/Exhibit “D”. Is this the same boarding pass that
you were talking about?
A.Yes, that is the same boarding pass that was given to me by the ground crew.

(13) Q. I am showing you two (2) economy boarding passes — one under the name
of Maria Dominga Mabini (marked as Annex/Exhibit “E”) and another one with the name
of Maria Donada Salazar (masked as Annex/Exhibit “F”). Are you familiar with these
tickets?
A. Yes. Those were the same boarding passes that was handed to me by the Asia
Pacific ground crew as we were checking in with the airline.

(14) Q. What happened next after you were given the boarding passes?
A.I asked the ground crew why I was given a business class boarding pass when I
originally bought an economy ticket.

(15) Q. What was the reason given by the ground crew?

A.She said that it was a free upgrade courtesy of the airline.

(16) Q. What did you do after?

A.I refused the upgrade and demanded to be given an economy boarding pass and be
seated with my companions.

(17) Q. Did the ground crew do anything?

A.No, she ignored my request. She told me that the flight was overbooked and that I
needed to be seated in the business class section.

(18) Q. What happened after?

A.I heard the final boarding callso I proceeded to board the flight. I was seated in the
business class section while my friends were in the economy section.

(19) Q. How did that make you feel?

A.I was very disappointed. I felt ashamed to be seated far away from my friends. This
trip was supposed to be fun. I was treating my friends to a free Hong Kong tour but we
did not get to enjoy the trip because we were not seated together as we planned. I was
worried the hour four-hour flight because my friends might think that I abandoned them
and that I am not an accommodating host for choosing to seat in the business class
while they were just in the economy section.

(20) Q. What caused you to feel this way?

A.It was the acts of Asia Pacific and its crew. They involuntary upgraded my seat while I
intentionally bought economy class ticket so I can enjoy the trip with my friends. Our
whole trip was ruined because of this very unfortunate incident. I wish I could turn back
time. I would have probably chosen a different airline — one that stays true to its
obligations.

(21) Q. Do you have anything more to say?

A. None. That’s all that I have to say for now.

IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of September
2019.

JOSE A. MABINI
Affiant

SWORN ATTESTATION

I, JOSEFA C. SUMULONG, as counsel of the plaintiff-witness, hereby attests

that I have faithfully recorded the questions I have asked and the corresponding
answers of the witness and that I did not coach the witness in answering the questions
propounded to her.

JOSEFA C. SUMULONG
1500 Taft Avenue, Pasay City
Email: josesumulong@gmail.com
Cell. No. (0906) 377-8888
Roll No. 86281
IBP No. 315537/1-09-19/Pasay
PTR No. 7151978/01-05-19/Pasay
MCLE Compliance No. IV-00000830/08-15-19
 SIGNED AND SWORN before me this 20 September 2019 in Pasay City after
affiant exhibited to me her Passport JJ2003 issued in Manila and valid until 20
September 2020 as a competent proof of identity.

ATTY. ADRIANNE MARIE G. ALAZAS

Notary Public for Pasay City
Notarial Commission No. 50 / Until December 31, 2019
1500 Taft Avenue, Pasay City
Roll No. 58449
PTR No. A-3747884; January 8, 2019; Pasay City
IBP OR No. 023441; January 9, 2019; Pasay City
MCLE Compliance No. V-0007121

Doc. 12
Page 20
Book IV
Series of 2019.