Philippine Arbitration Center in the Visayas, Case No.

Philippine Pacific Airlines

-versus-
Bowing Airtech Inc.

DEFENDANTS’ NOTICE TO CHALLENGE THE AUTHENTICITY OF EVIDENCE

1. INTRODUCTION

NOW COMES the Bowing Airtech Inc., by and through Atty. Raiza Dawn D. Dayot of A&D and Associates
Law Office, submits this notice to challenge the authenticity of evidence as pursuant to paragraph 4.7,
Procedural Order No. 1 of this case.

Defendant, Bowing Airtech Inc., hereby seeks that the additional evidences submitted by Philippine Pacific
Airlines to this honorable Arbitral Tribunal last February 14, 2019 be found inadmissible and excluded,
and that it not be referred to or offered at trial. Specifically;

1.1 Progress Reports 1, 2, and 3

1.2 Correspondence between Dennis Muilenberg and John Chocongwei (herein attached as Annex B of
this Notice)
1.3 Correspondence between John Chocongwei and Earl Aaron Reyes (herein attached as Annex C of this
Notice)

2. ARGUMENTS

2.1 Progress Reports 1, 2, and 3

Such are a fabrication of false documents, in which the signature which is reflected before said progress
reports is not the true and valid signature of Engr. Marco Parce. (true and valid signature of Engr. Marco
Parce is herein attached as Annex A-1 of this Notice)

More importantly, Progress Reports 1, 2, and 3 as submitted by Philippine Pacific Airlines can no longer
hold any weight nor of probative value since claimants, PhilPa, failed to timely object to the Progress
Reports submitted by Defendants, Bowing Airtech Inc., in the Statement of Defenses which was filed and
served last 22 January 2019. Thus, as stated under paragraph 4.7 of Procedural Order No. 1 of this case:
XXX If either party challenges the authenticity of any document, produced by the other party, the
challenging party shall give notice of that challenge to the other party and the Tribunal within 5 days of
receipt of a copy of the documents challenged, failing which, the authenticity of all documents produced
shall be assumed. XXX

The attached progress reports submitted by Defendant, Bowing Airtech Inc., in the Statement of Defenses
therefore holds genuineness and verifiability as to its due execution and authenticity. Considering the fact
that the claimants, PhilPa, is in effect admitting to the progress reports submitted by Bowing Airtech Inc.,
in the Statement of Defenses, they are also estopped from claiming otherwise the authenticity of said
progress reports, and even barred from submitting a production of another progress report different from
that which has been submitted by Bowing Airtech Inc.

2.2 As regards to the correspondence between Dennis Muilenberg and John Chocongwei, it is important
to note that the subject in their correspondence stands contrary to the normal course on how
customers/clients of Bowing Airtech Inc. engage their transaction as to any modifications of any parts of
aircrafts. Such transaction must undergo the process of the Modification Marketplace by Bowing Airtech
Inc. The Modification Marketplace is a web-based application that allows customers to instantly see
information, price and lead time for Boeing’s available retrofit features. Before these digital files, the
content had been captured in paper catalogs. The tool also analyzes prerequisites for task completion and
informs the customer before placing an order. (For confirmation, please see
https://www.boeing.com/commercial/services/airplane-modifications-marketplace)

2.3 Finally, as to the correspondence between John Chocongwei and Earl Aaron Reyes, all are being denied
due to its inexistence and falsity. aaronreyes@bowing.com is not the true and valid email of Mr. Earl
Aaron Reyes.

ACCORDINGLY, Bowing Airtech Inc., as herein defendants, requests this honorable Arbitral tribunal to
take circumspection and careful scrutiny as to these challenged documents submitted, by way of
additional evidence, by Philippine Pacific Airlines in order to obtain an advance resolution on the issue of
authenticity and admissibility to preclude its presentation and offer during trial and, in order to avoid the
possibility of a mistrial.