Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 27, Makati City

ANA D. TAHIMIK, Civil Case No.18-12345

Plaintiff, For: Damages for Breach of

Contract of Carriage

-versus-

ALIS WESTERN AIRLINES,

Defendant.

x---------------------------------------------------------------------------------------x

JUDICIAL AFFIDAVIT OF MS. JENNY JETSETTER

I, Ms. JENNY JETSETTER, 30 years old, Filipino, single, a purser at ALIS

WESTERN AIRLINES and residing at Brgy.Poblacion Makati City, after
having been duly sworn to in accordance with law, fully conscious that I am
answering the following questions under oath, and that I may face criminal
liability for false testimony or perjury and said judicial affidavit was
conducted in the Law Office of Atty. Justin O. Bibo, located at Conchita
Bldg., Rizal St., Makati City, which taking was done in English which I
clearly speak and understand and that the other information or
requirements of Sec. 3, A.M. 12-8-8-SC as explained to me by the
administering officer, hereby deposes and states as follows:

The purpose of the judicial affidavit of the purser JENNY

JETSETTER is:
1. To identify the complainant in this case who is Ms. Ana D. Tahimik;
2. To prove the existence of a breach of contract and unruly behavior
of the complainant.
3. And to prove other matters that are relevant to this case.
 1. Q: Please state your name and other personal circumstances for the
records.
A: I am Jenny Jetsetter, 30 years of age, Filipino and single. I am currently
employed as a purser at ALIS WESTERN AIRLINES in Andrew Avenue
Pasay City.

2. Q: Why are you testifying in this case?

A: I am giving my testimony because I want to prove that herein plaintiff
complainant displayed unruly behavior inside the airplane and that how we
treated her after was in accordance with the protocol issued by the Civil
Aviation.

3. Q: Ms. Witness, how long have you been working as a purser for ALIS
WESTERN AIRLINES?
A: I have been working as a purser for almost 5 years now.

4. Q: Ms. Witness, can you tell this Honorable Court your duties and
responsibilities as a purser of ALIS WESTERN AIRLINES?

A: Yes. As a purser/ chief flight attendant, I oversee the flight

attendants by making sure that they give the passengers a safe and
enjoyable trip. I also complete detailed reports, verify that all safety
procedures are followed and deal with passenger complaints.

5. Q: Where were you on January 10, 2018 between 3 to 4 in the

afternoon?

A: I was inside Airline Flight 1237.

6. Q: Did you notice anything unusual during that the time?

A: Yes, Ma’am. I did.

7. Question: And what was that?

Answer: The plaintiff – complainant was shouting and cursing at all of the
flight attendants inside the plane. She was very unruly.

8. Q: Why was the plaintiff – complainant shouting and cursing at all of

the flight attendants?
A: She was shouting and cursing at them because one of the flight attendants
asked her to vacate her seat in the “first class” in exchange for a seat in the
“economy class”.

9. Q: And why was she asked to vacate her seat in the first class?
A: Because the person to whom the seat was actually reserved arrived
already.

10. Q: Ms. Witness, are you saying that the seat in the first class did not
belong to the plaintiff – complainant?
A: Yes, Ma’am.

11. Q: How come?

A: Her ticket did not have a mark which states “reserved”.

12. Q: Now Ms. Witness, can you recall the words and phrases that the
plaintiff uttered during the time that she was shouting at the flight
attendant?
A: Yes. She was cursing in a loud voice, uttering the words and phrases
“bitch”, “asshole” and “fuck you”. She also said that she would sue the
airline for forcing her to transfer from her first class seat to an economy class
seat. She did it in a loud and threatening voice.

13. Q: What happened next, if any?

A: I then approached the plaintiff complainant and I tried to talk to her in an
attempt to pacify her.

14. Q: Were you successful in doing so?

A: No, she just kept on shouting and her voice grew louder.

15. Q: What happened next?

A: The other passengers started to talk to her in order to pacify her. They
advised her to just give up her seat since it was not really reserved for her
and also in order to avoid further inconvenience to the other passengers so
that everyone can go back to enjoying the flight again.

16. Q: Ms. Witness, you mentioned that the complainant was very unruly,
am I correct?
A: Yes, Ma’am.
17. Q: Now, Ms. Witness, do you have any protocol with regard to unruly
passengers?
A: Yes, Ma’am.

18. Q: Can you please tell this Honorable Court what that protocol is?
A: First, only one flight attendant must approach such passenger. Second,
the said flight attendant must ask them in a calm voice what the problem is.
Third, after hearing what the problem is, the flight attendant must assist
such passenger and try his or her very best to try to solve the problem.
Fourth, if the flight attendant is unable to solve the problem, he or she must
give an alternative solution. Fifth, if the flight attendant determines that
there is no more possible solution, then he or she must tell such passenger
the truth. Sixth, if such passenger continues to be unruly and talking and
reasoning will not work anymore, the flight attendant must apply the
protocol of the Civil Aviation in relation to unruly passengers as a last
recourse or advise the passenger to bring up the matter before the chief flight
attendant/purser.

19. Q: Ms. Witness, can you enlighten us on the protocol of the Civil
Aviation in relation to unruly passengers?
A: The protocol gives airlines the authority to offload a passenger for
“unruly behavior” provided such action is threatening to the crew
members and the other passengers. The protocol also states that such
passenger shall be liable to pay a fine and/or for imprisonment in such
cases.

20. Q: Do you consider herein plaintiff complainant’s actions as

threatening?
A: Yes, Ma’am. She was already shouting invectives at us as well as
threatening our livelihoods. In addition to that passengers started to feel
scared already.

21.Q: Ms. Witness, what happened next if any?

A: Plaintiff complainant then after being pacified and all brought the
situation before me and demanded to take action on the incident that
happened.
 22.Q: Is there anything else that happened?

A: Yes. After she demanded that I take action for the incident that
occurred, I told her to wait for the response of a representative of ALIS
WESTERN AIRLINES as I could not contact them at the moment and
that I will get back to her if got a response. However I was not able to
get a response from a representative.

23.Q: Is there anything else that happened?

A: Yes. I learned that she filed various demand letters for her to be
compensated for what she suffered during the flight.

24.Q: Now Ms. Witness, did you execute any judicial affidavit for Civil
Case No. 18-12345?

Answer: Yes.

25. Q: I am now showing to you a judicial affidavit. What is the relation

of this document to the one you earlier mentioned?

A: They are one and the same.

Your Honor, we pray that the Judicial Affidavit of the Purser Ms. Jenny
Jetsetter be marked as “Exhibit 3”

26.Q: Above the name of the affiant Ms. Jenny Jetsetter, there appears to
be a signature. Whose signature is this?

A: That is my signature.

Your Honor, we pray that the signature above the affiant’s name Jenny
Jetsetter be marked as “Exhibit 3-1”

==============N O T H I N G==F O L L O W S==============

IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th

day of July, 2018, at Makati City, Metro Manila, Philippines.
 Ms. Jenny Jetsetter
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Makati City, Metro Manila, Philippines, this 12th day of July 2018,
affiant personally came and appeared with his SSS ID No. 45-823665-8 issued
by the Social Security Systems at Makati City, Metro Manila, 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.

Doc. No.
Page No.
Book No.
Series of 2018.
Atty. Edzel Santos
NOTARY PUBLIC
Rizal St. Makati City
Roll No. 12356
IBP No. 107892, December 31, 2018
PTR No. 54721236, December 31, 2018
MCLE No. A-9826543
 LAWYER’S ATTESTATION CLAUSE

I, ATTY.JUSTIN O. BIBO, a resident of Brgy. Panapaan 8, Makati City

City, Metro Manila, hereby attest that I have conducted and supervised the
examination of the above-named affiant/witness at my law office in
Conchita Bldg., JP Rizal St., Makati City, and further declared that:

1. I faithfully recorded or caused to be recorded the questions I asked and

the corresponding answers the affiant/witness gave; and;
2. Neither I nor any other person then present or assisting me coached
the affiant/witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th

day of July 2018 at Makati City, Metro Manila, Philippines.

Doc. No.
Page No.
Book No.
Series of 2018.
Atty. Edzel Santos
NOTARY PUBLIC
Rizal St. Makati City
Roll No. 12356
IBP No. 107892, December 31, 2018
PTR No. 54721236, December 31, 2018
MCLE No. A-9826543