REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

Regional Trial Court
City of Makati
Branch 100

RAFAEL ZULUETA,
ET AL., plaintiffs

Civil Case No. 1234

For: Damages

vs
PAN AMERICAN WORLD
AIRWAYS, INC., defendant
x--------------------------------------------------------x
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.
A.

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

3.

Q.
A.

Can you prove the same?

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.
A.

How much are you getting as a Pilot?

Around Thirty Thousand Dollars and other benefits.

5.

Q.
A.

What are these benefits?

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?
Yes. Seminars regarding flight situations. How to deal with
clients, how to react on a bomb scare, among others.

A.

6.

Q.
A.

Do you have of proofs that you have indeed attended such

seminars and trainings?
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.
A.

Do you remember Flight No. 841-23?

Yes. I am the Chief Pilot of such flight from Honolulu, Hawaii
to Manila, Philippines.

8. Q.
A.

Can you describe to flight plan for such flight?

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.
A.

Can you describe the flight on the first leg?

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?
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.

A.

11. Q.

What is the reason for such delay?

A.

A person by the name of Rafael Zulueta, plaintiff for this

case and a passenger of the subject flight, is one of the cause
for such delay.

12. Q.

What undertakings did Rafael Zulueta do to cause such

delay?
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.

A.

13. Q.
A.

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

14.Q.
A.

What did these gentlemen do to cause delay?

The same with Mr. Zulueta but with no commotion.

15. Q.
A.

Can you define the commotion you earlier stated?

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.
A.

Is the averments made by Mr. Zulueta true?

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?
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.

A.

18. Q.
A.

Can you elaborate on such supposedly bomb in the plane?

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.
A.

You entertained such thought despite the thorough

examination of the bags and packages to be transported?
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.
A.

What did you conclude then?

Based from the actions made by Mr. Zulueta, he could have
been carrying a bomb.

21.

Q.
A.

What is your authority on making such conclusions?

The seminars and trainings that I attended and my twenty
year experience as a Pilot and as an employee dealing with
passengers.

22.

Q.
A.

What did you do afterwards, if any?

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?
No. Only three of the four bags of Mr. Zuluetas Family. I
requested Mr. Zulueta to open the bags for inspection.

A.

24.

Q.
A.

Did he accede to your request?

No.

25.

Q.
A.

What was Mr. Zuluetas demeanor during the said incident?

Mr. Zulueta is belligerent, authoritative, irritated, and
unstable.

26.

Q.
A.

What were your actions after the said refusal, if any?

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.

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?
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.

A.

28.

Q.
A.

What happened to the fourth bag and other two passengers

you earlier mentioned?
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.
A.

What happened to Mr. Zulueta afterwards?

I am not the proper person to answer the question since the
Airport Manager took over afterwards.

30.

Q.
A.

Do you want to add anything to the foregoing?

None.

31.

Q.
A.

Were you coerced in doing this Judicial Affidavit?

No. I freely and voluntarily executed this Affidavit.

IN WITNESS WHEREOF, I have hereunto set my hand this 30 th

day of July 2014 at Makati City.

MR. ROBERT ZENTNER

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 30 th day of July 2014

at Makati City, Philippines, and I hereby certify that I have personally
examined the affiant and that I am convinced that he understood and
voluntarily executed this Judicial Affidavit.
ATTESTATION
I, ATTY. JOHN BENEDICT T. TIIGSON, of legal age, single, and a
resident of Makati City, after having been duly sworn to in accordance
with law, hereby depose and say, that:
1. I am the counsel of Pan American World Airways, Inc. in Civil Case
No. 1234;
2. I faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that the witness gave for his
Judicial Affidavit; and

3. Neither I nor any other person then present or assisting him

coached the witness regarding the latters answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
30 day of April 2014 at Makati City.
th

ATTY. JOHN BENEDICT T. TIIGSON

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for the City of Makati, this 30 th day of April 2014. Affiant personally
came and appeared with his License no. 213123123 bearing his
photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.

Notary Public

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