JUDICIAL AFFIDAVIT

I, Captain Romel D. Cadingan , 52 years old, born on May 27, 1966, married and
employed as the Airworthiness Department Manager for Pilot’s Association of the Philippines, after
having been duly sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial affidavits
to serve as the direct examination testimony of the witness, on the basis of which the adverse party
may conduct their cross-examination on such a witness, I hereby execute this judicial affidavit in a
question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also state that it was
Atty. Leunamme Gayle M. Jaula who conducted the examination of the undersigned affiant;

That conformably also with section 3 (c) thereof, I hereby state under the pain of perjury
that in answering the questions asked of me, as appearing herein below, I am fully conscious that I
did so under oath, and that I may face criminal liabilities for false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

[knowledge/information about procedures for the issuance of the certificate of
airworthiness]

1. Q : Please state your name, age, residence, and occupation of the

witness.
A : I am Captain Romel Cabangan, 52, a resident of Pasay City,
Philippines, and I am the current Airworthiness Department Manager
for Pilots’ Association of the Philippines.

2. Q : What is this Pilots’ Association of the Philippines?

A : It is an office supervised by the Civil Aviation Authority of the
Philippines under the Flight Standard Inspectorate Service (FSIS),
ma’am. The FSIS is tasked tasked to ensure the safe conduct of all
 aviation activities in Philippine Airspace and those conducted
overseas by Philippines Air Operators. The association is specifically
tasked to aide in the determination of whether or not a particular
aircraft is airworthy to conduct its flight, assure that it is safe to do so
and consequently, provide for certain requirements and procedures.

3. Q : As the Airworthiness Department Manager, what is your role?

A : I oversee the inspection and determination whether or not an
aircraft is airworthy and safe to conduct its flights in accordance with
the directives, rules and requirements of CAAP.

4. Q : In determining whether or not an aircraft is airworthy, do you issue

any document or certification to prove such airworthiness?
A : Yes, ma’am. We issue a Certificate of Airworthiness as proof that the
aircraft has undergone our inspection and is recommended as safe
or airworthy to operate.

5. Q : Are there different types of certificate of airworthiness or the same

certificate is issued to all aircrafts?
A : No, Ma’am. There are different types of certificate of airworthiness
that are being issued depending on the type of the aircraft and
purpose of the flight.

6. Q : What are these different certificate of airworthiness that are being

issued?
A : Standard Certificate of Airworthiness, special Certificate of
Airworthiness, and Certificate of Airworthiness issued for restricted
or limited category aircraft that are effective for one year as long as
the maintenance, preventive maintenance, and alterations are
performed in accordance with this CAR and the aircraft is registered
in the Republic of the Philippines. Another type is the special flight
permit which is effective for the period of time specified in the permit.

Lastly, an experimental certificate for research and development,

showing compliance with regulations, crew training, or market
surveys is effective for 1 year after the date of issue or renewal
 unless the Authority prescribes a shorter period. The duration of an
experimental certificate issued for operating amateur-built aircraft,
exhibition, air-racing, operating primary kit-built aircraft, unless the
Authority establishes a specific period for good cause.

7. Q : How do you issue such? Is it just a mere ministerial act?

A : No, ma’am. Before we issue a certificate of airworthiness, the
applicant must first comply with certain requirements and follow the
procedures for applying. We have to conduct tests, of course, to be
assured that the plane is indeed suited to fly. Otherwise, if any
accident happens, the blame would be on us and we do not want
that.

8. Q : Can you elaborate more on the process and requirements?

A : Of course. We have, as authorized by CAAP to do so, provided for
the requirements in order to be issued an airworthiness certificate
such as firstly, the applicant must submit the application package to
us. Thereafter we prepare and process directives or orders,
determining the inspectors needed for the inspection. After securing
the paperwork, we begin to conduct the inspection of the aircraft. If
our inspectors find that the aircraft complies with our set standards,
we then prepare the Certificate of Airworthiness, certification
package and we forward this to the Chief Airworthiness Director.
This then is reviewed by the Chief AWD and is forwarded to Pilot's
Association for the final review of the application. If Pilot's
Association approves of the application, they then recommend for
the approval of the Certificate of Airworthiness to the Office of the
Director General. And lastly, if the Director General approves of the
same, A certificate of Airworthiness will be released in favor of the
applicant.

9. Q : Is it possible that a certificate of airworthiness may be obtained even

when a plane is still under repair?
A : No. The aircraft must already be in its "final state" which means that
the needed repairs and modifications must have already been
installed and the aircraft has been delivered to the end use.
 Although, when it comes to the components installed, we require
that it must be certified to have gone through inspection before it is
placed in an aircraft. Pursuant to Part V of CAAP's Rules, any
component or product installed or to be installed in a Philippine
Registered aircraft shall have an airworthiness approval tag
traceable to an approved airworthiness standard accepted by the
Authority.

10. Q : What do you mean by an airworthiness approval tag?

A : This is issued by CAAP on the basis of inspection and operations
tests, certifying that a product conform to a type design and is in
condition for safe operation. This so called tag is created when there
is an applicant for a production certificate for any aircraft or
aeronautical product. At such time that the application is presented
to CAAP, it will make available suitable regulations or provisions for
the issuance of Certificate of Airworthiness, or airworthiness
document as appropriate for the product concerned.

11. Q : Sir, are you familiar with the advanced auto-relay feature?
A : Yes, we have heard of this new feature being used in aircrafts
of other countries. However, in the Philippines, CAAP has not
yet released suitable regulations or provisions for the
issuance of an Certificate of Airworthiness, or airworthiness
document as appropriate for an advance auto-relay feature.

12. Q : Sir, recently, Philippine Pacific Airlines has applied for a certificate of
airworthiness from your office but was denied. Can you explain the
reason why such application was denied?
A : As I can recall, the application was denied due to the installed
advanced relay feature system. The advance auto-pilot relay feature
of the aircraft has not been tried and tested by the Pilots Association
of the Philippines and has a tendency to affect the safety of the
vessel.

13. Q : Can you elaborate on what this advanced auto-pilot relay

feature is?
 A : As mentioned earlier, the said feature has not been tried and tested
by the association. We have no enough information of the said
feature since none was also mentioned in the manual provided by
the manufacturer. However, based on our inspection, the said
feature has the tendency to pitch the plane’s nose down without pilot
input when sensor data indicates the possibility of a stall; If an
erroneously high single angle of attack (AOA) sensor input is
received by the flight control system, there is a potential for repeated
nose-down trim commands of the horizontal stabiliser and cause
difficulty controlling the airplane, and lead to excessive nose-down
attitude, significant altitude loss, and possible impact with terrain;
Autopilot system has a tendency to disengage; and Inability to
engage autopilot. The said feature based on the findings thus may
have the tendency to affect the operation of the aircraft and
prejudice the safety of the passengers and the flight crew.

14. Q : Sir, recently, Philippine Pacific Airlines has applied for a certificate of
airworthiness from your office but was denied of such due to an
advanced auto-pilot relay feature embedded on its three axis auto
pilot system. Is your office’s unfamiliarity with such feature the
reason why they were denied the certificate?
A : I wouldn’t say that it was mainly because of lack of know-how about
it. You see, our office must see to it that every plane is fit to fly, right,
for the passengers to be safe. We have never heard of the same.
As I have said earlier, before anything may be installed in an aircraft,
it should have been issued a certificate that it complies with the
airworthiness tag. With this so called advance auto-pilot relay
feature, CAAP has not issued any airworthiness standard for the
same. Again, there was a recent accident. Unsurprisingly, it was due
to an advance auto-pilot relay feature. And again, most of us were
not very much familiar about it. Upon finding out that Phil. Pacific Air
had such, there was no way we would have allowed them to fly. It
was too risky, and we wouldn’t let it considering the recent
happenings. More so if 370 passengers were to be carried by the
plane. Thus, the denial of their application.

15. Q: Assuming that an aircraft was issued a Certificate of Airworthiness

 by the State other than the Philippines, is the operator of the aircraft
required to secure the same certificate in the Philippines?

A: For aircrafts engaging in international civil aviation, the Certificate of

Airworthiness must be issued or rendered valid by the State of
Registry or the state where the aircraft is or will be registered. In our
case, the State of Registry refers to the Philippines. However,
assuming that it was already issued a Certificate of Airworthiness by
the State to where it was designed, manufactured or repaired or the
State of Design, the said certificate must be rendered valid by the
State of Registry based on evidence that the aircraft complies with
the airworthiness standards and requirements of the State of
Registry.

---------END OF STATEMENT----------

IN WITNESS WHEREOF, I hereunto set my hand below this 14th day of February, 2019 at the
University of San Agustin.

CAPT. ROMEL CADINGAN

Affiant

SUBSCRIBED AND SWORN to before me this 14th day of February, 2019 at the University of San
Agustin. Further, I certify that I personally examined the herein affiant that he voluntarily executed
and fully understood his statements.

Doc No. _130_;

Page No. _15_; ATTY. ANA MAE MILAGROS
Book No. _V__; IBP No. 30099, 1/10/2017, Iloilo City
Series of 2019. PTR No. 0161236, 1/16/2017,, Iloilo
Roll of Attorneys No. 35117
MCLE Comp. No. V-0005880, 4/15/17
 ATTESTATION

I, Atty. Leunamme Gayle M. Jaula, counsel of Philippine Pacific Airlines, on my

oath as the Investigator-on-Case (IOC), hereby depose and states:

That I have personally conducted the foregoing examination to the witness-affiant Captain
Romel D. Cadingan, Airworthiness Department Manager for Pilot’s Association of the Philippines

That I have faithfully recorded and translated into English language the questions
asked of him/her and the corresponding answers that he/she gave in response to the questions
asked;
Neither I nor any other person/s coached this witness-affiant regarding the answers
given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this 14th day of February, 2019 at
University of San Agustin.

ATTY. LEUNAMME GAYLE M. JAULA

Investigator

SUBSCRIBED AND SWORN to before me this 14th day of February, 2019 at University of
San Agustin. Further, I certify that I personally examined the herein affiant that he voluntarily
executed and fully understood his statements.

Doc No. _130_;

Page No. _15_;
Book No. _V__; ATTY. ANA MAE MILAGROS
Series of 2019. IBP No. 30099, 1/10/2017, Iloilo City
PTR No. 0161236, 1/16/2017,, Iloilo
Roll of Attorneys No. 35117
MCLE Comp. No. V-0005880, 4/15/17