Ingasco - Rmcjudicialaffidavit (6 December 2019)

REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 161
Pasig City
INGASCO, INCORPORATED,
Plaintiff,
-versus – Civil Case No. 74498
HIGH STREET MANUFACTURING

CORPORATION, formerly known as
HIGH STREET (SPV-AMC), INC.,
and AIR LIQUIDE PHILIPPINES,
INC.,
Defendants.
x------------------------------------------------x
JUDICIAL AFFIDAVIT
OF RAYMOND M. CHU
I, RAYMOND M. CHU, of legal age, Filipino, married, with address

at No. 5 February Street, Congressional Village, Phase 3, Project 8, Quezon
City, with the assistance of counsel and after having been sworn in
accordance with law, depose and state:
OFFER
The testimony of Mr. Raymond M. Chu is being offered to prove, in

general, that Defendants High Street Manufacturing Corporation (“HIGH
STREET”) and Air Liquide Philippines, Inc. (“ALPI”) are not entitled to the
relief they pray for, which is to have the 22 February 2016 Order of this
Honorable Court (“Order of Injunction”) lifted or dissolved, and in
particular, the following:
1. The Plant Sale Agreement executed by HIGH STREET and ALPI

on 24 October 2017 was executed in violation of the Order of
Injunction;
2. The Plant supposedly being sold by ALPI to HIGH STREET

through that Plant Sale Agreement dated is incapable of
supplying all of the Oxygen requirements of the Calaca Plant of
HIGH STREET;
3. The Liquid Oxygen Supply Agreement between Ingasco,
Incorporated (“INGASCO”) and High Street Manufacturing
Corporation (“HIGH STREET”), which was notarized on 29 May
2008, is still in effect;
4. HIGH STREET executed an Oxygen supply agreement with

Defendant Air Liquide Philippines, Inc. (“ALPI”) in 2013; Commented [PKT1]: Please check if this is already
admitted.
5. INGASCO’s Ambient Air Vaporizers are capable of supplying

the Oxygen requirements of the Calaca Plant;
6. INGASCO’s Oxygen Facility at the Calaca Plant is safe and does

not pose a hazard to persons on property;
7. The cause of the ice build-up on the INGASCO Ambient Air

Vaporizers was the deliberate actions of HIGH STREET;
8. No flooding is caused by the operations of the INGASCO

Oxygen Facility;
9. The cause of water flowing out of the INGASCO Oxygen Facility

is the deliberate actions of HIGH STREET;
10. The cause of any severe fogging at the INGASCO Oxygen

Facility is the deliberate actions of HIGH STREET;
11. From the time that INGASCO technical personnel were allowed
re-entry and access to the INGASCO Oxygen Facility, there was
no ice-build up on the INGASCO Ambient Air Vaporizers,
flooding or even severe fogging; and
12. Mr. Chu is an expert in the manufacturing of Oxygen, Nitrogen

and Argon gases, the design and operation plant equipment
used to manufacture these products, operations, capacity and
specifications of equipment supplied by INGASCO to its
customers, in the installation, maintenance and operation of the
INGASCO off-site plants, equipment and facilities, in the
formulas used by INGASCO in determining the capacity of the
equipment and facilities supplied to customers and all related
activities connected with the manufacturing and supply of
products sold by INGASCO and services provided by it.
PRELIMINARY STATEMENT
The person examining me is Attorney CESARE NAPOLIONE S. STA.
ROMANA, a Partner of the UBANO SIANGHIO LOZADA &
CABANTAC LAW OFFICES, with office address at the 5th Floor COCOFED
Building, 144 Amorsolo Street, Legaspi Village, Makati City. The
examination was held on 21, 23 ____ October 2019, 19 November 2019 and
6 December 2019 at the 5th Floor COCOFED Building, 144 Amorsolo Street,
Legaspi Village, Makati City. I am answering his questions fully conscious
that I do so under oath and that I may face criminal liability for false
testimony or perjury.
EXAMINATION PROPER
I. Personal Circumstances and Qualifications
1. Q: Please state your name and other personal circumstances.
A: Raymond Chu. Filipino. 56 years old. Married. Residing at No. 5

February Street, Congressional Village, Phase 3, Project 8,
Quezon City. I am currently the President of Ingasco,
Incorporated (“INGASCO”).
2. Q: Is the Ingasco, Incorporated the same Ingasco, Incorporated,

which is the Plaintiff in this case?
A: Yes.
3. Q: What is the business of INGASCO?
A: INGASCO produces, markets and distributes industrial gases

such as Oxygen, Nitrogen, Argon, Hydrogen, Acetylene and
Carbon Dioxide. INGASCO also supplies and installs on-site
plants and sells gas equipment.
4. Q: Is INGASCO affiliated with any other company?
A: Yes.
5. Q: With what companies is INGASCO affiliated?
A: Taiyo Nippon Sanso Corporation of Japan, Taiyo Nippon Sanso

Philippines, Inc. and Taiyo Nippon Sanso Clark, Inc.
6. Q: When did you become the President of INGASCO?
A: June 16, 2014.

7. Q: As President of INGASCO, what are your duties and
responsibilities?
A: I manage the day-to-day operations of INGASCO. . I have

supervision, direct control and active management of all aspects
of the business of INGASCO. My duties include approving
contracts entered into by INGASCO, supervising all technical
operations of its air separation plants and off-site plants,
supervising the finance, sales and marketing divisions of the
company and overseeing the management and settlement of any
dispute INGASCO is involved in.
8. 7Q: Prior to your becoming the President, what other position or

positions did you hold in INGASCO?
A: I was concurrently the Executive Vice-President and Chief

Operating Officer.
9. Q: When were you the Executive Vice-President and Chief

Operating Officer of INGASCO?
A: I was the Executive Vice-President and Chief Operating Officer

from January 20024 to August 2010 and Executive Vice-President
from September 2010 to June 2014.
September 1, 2002 – EVP

2003 – EVP/COO concurrent
(?) year – resigned as COO, maintained EVP position
August 2010 to 2014 – Reconciliation, I once again became EVP/COO
2014 to present – President
10. Q: What were your duties and responsibilities as Executive Vice-

PresidentChief Operating Officer?
A: I manage the day-to-day activities and all aspects of the

operations of INGASCO. All decisions involving the operations
of INGASCO were decided by me. I was tasked to assist the
Presidents of INGASCO, in managing day-to-day activities and
operations. I was specifically mandated to closely coordinate
and consult with the Presidents of INGASCO on all management
decisions. All aspects of the operations, including day-to-day
operations, were decided by the Presidents and me.
11. Q: What were your duties and responsibilities as Chief Operating
OfficerExecutive Vice-President?
A: When I held the position of Executive Vice-President only, not

concurrently with the position of Chief Operating Officer, I was
a member of the Executive Committee that reviewed the reports
on the day-to-day operations of INGASCO and held an oversight
function.
I was tasked to assist the Presidents of INGASCO, in managing day- Formatted: Font: Bold
to-day activities and operations. I was specifically mandated to Formatted: List Paragraph, Indent: Hanging: 1", Numbered
+ Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +
closely coordinate and consult with the Presidents of Alignment: Left + Aligned at: 0.75" + Indent at: 1"
INGASCO on all management decisions. All aspects of the
operations, including day-to-day operations, were decided by
the Presidents and me.I had the same functions as the
Executive Vice-President, Attorney.
12. Q: Prior to working with INGASCO, have you had any experience
working in the industrial gases industry?
A: Yes.
13. Q: Please describe your work experience in the industrial gases

industry.
A: Nagu-umpisa ako na industrial gases truck helper. Tapos, naging

akong industrial gases truck driver-helper, bills collector,
industrial gases sales agent, Plant Manager, Sales and Marketing
Head, Operations Manager and the Chief Executive Officer and
Vice-President of several industrial gases companies and now
the President ng INGASCO.
14. Q: When did you become an industrial gases truck helper?
A: Noong 15 years old ako, Attorney.
15. Q: When did you become an industrial gases truck driver-helper?
A: Some time after natuto na akong mag-drive, Attorney. Siguro mga

18 or 19 years old na ako noon.
16. Q: What were your duties and responsibilities as an industrial

gases truck driver-helper?
A: I drove the delivery truck and handled the industrial gases. I
studied the gases we were delivering and how to handle them
safely. I Nag-loload at unload ako ng mga cylinders na may gases sa
mga truckloaded industrial gases from the cryogenic tanks to
cylinder, read the pressure gauges and valves of the tanks to
ensure that the gases do not seep out while they are being loaded
on the cylinders, vented industrial gases to relieve the pressure
from the tanks or valves and I applied lahat ngall methods by
which the transportation and handling of the industrial gases are
to be done safely.
17. Q: What were your duties and responsibilities as an industrial

gases sales agent?
A: Nagaalok at nagbenta ako ng industrial gaseses sa customers. I

handled yung concerns nila about the products. I explained the
chemical properties, uses and handling of all industrial gases I
was selling to customers. I learned how these products are
produced para ma-explain ko sa customers how the products are
tested for quality and priced.
18. Q: What industrial gases did you sell?
A: Noong time na iyon, Attorney, Oxygen, Nitrogen at , Argon,

Acetylene ang binebenta ko, Carbon Dioxide, Helium and
Hydrogen, among others.
19. Q: When were youithin what period of time were you working as
an industrial gases sales agent?
A: Nagstart ako noong mga 16 years old ako hangang siguro mga 21
years old ako, Attorney. Ang tanda ko, mga 5 years ako nag-ahente.
20. Q: You said earlier that you were an industrial gases truck driver-
helper when you were 18 or 19 years old and now you are
saying you were an industrial gases sales agent from when you
were 16 years old until about 21 years old. Please explain your
answers.
A: Attorney, sabay yung pagiging ahente ng gas at pagiging truck

driver-helper. Kapapag kasi dinedeliver naming yung gas sa
customers, nangangalakal na rin kami. Ganoon talaga ang systema.
21.20. Q: When did you first become a Plant Manager?

A: 23 years old ako, Attorney.
22.21. Q: How long did you hold the position of Plant Manager?
A: From 1986 to 2000.
23.22. Q: What were your duties and responsibilities as Plant Manager?
A: I was in charge of overseeing the plant operations of several

plants. I had to know all the equipment in each plant, their
specifications, how they work because I was tasked to trouble-
shoot the equipment and properly maintain them. I had to
optimize plant production and operate the equipment safely. I
had to know all the products produced at the plants, including
their properties, uses, quality compliance and their handling. . I
also supervised all all of the plant personnel from the technical
personnel down to the janitor and headed all the departments of
the company, which had a flat organization.. Ako rin, Attorney,
yung in-charge sa purchasing ng equipment at lahat ng kailangan sa
pagtakbo ng planta. NNagtatayo din ako ng mga Oxygen Separation
Plant, Acetylene Plant at Carbon Dioxide Plant.
24.23. Q: Is the position of Plant Manager one of a technical nature?
A: Yes.
25.24. Q: How did you acquire the qualifications to become a Plant

Manager?
A: Noong binibuild namin yung business namin, kailangan kong

matutunan yung tungkol sa mismong plant at equipment na
papatakbuhin naming dahil ayaw naming maloko ng mga empleyado o
suppliers. Kaya inaral ko yung mga plant manuals at napaturo ako
sa mismong mga technical personnel noong mga manufacturers ng
mga planta at equipment. I learned through my experience,
which included studying every aspect of the plant equipment,
learning from the technical personnel on site, the manufacturers
of the equipment and from running the plant on a 24-hours-per
day and 7-days-a-week basis.
26.25. Q: Would anyone with a degree in Engineering, Chemistry,

Physics or applied science be automatically qualified to hold
the position of Plant Manager?
A: No.
27.26. Q: What would qualify someone to be a plant manager?y do you
say this?
A: To be qualified as a Kahit may science or engineering degree,

anyone na assigned as a Plant Manager for any of the companies
I work, among other things, for dapat may prior on-the-job
training sa ibang planta ng gas or nag-on-the-job training sa planta
namin.
28.27. Q: Why is on-the-job training at the various plants a requirement

for becoming a Plant Manager?
A: Yung industrial gases plant management, hindi ito mai-tuturo sa

school, Attorney, dapat mag-babad ka sa planta. Hindi mo ma-aaral
sa school yung sound of the equipment kung yinu-utilized at its
maximum or when there is a problem. Dapat alam mo rin yung
location of safety valves, gauges and other plant equipment. The
Plant Manager should also be exposed to various challenges in
running the plants and be able to address these problems. Yung
scientific concepts na used in plant management taught in
science or engineering courses can be learned on the job or pwede
mong aralin o ituro ng manufacturers or technical consultants.
Yung mga scientific concepts ay applied at institutionalized in our
plant management system and are taught through on-the-job
training. At saka, Attorney, yung nature ng produkto na binebenta
namin, delikado yan kung hindi mo alam ihandle o hindi mo alam kung
anong gamit at papaano i-manufacture. So, doon pa lang sa
pagmanage ng planta, hindi pwedeng gawing Plant Manager ang
kung sino-sino lang na kahit nag-tapos ng engineering. . Kailangan
yung natuto sa planta.
29.28. Q: What were your duties and responsibilities as an Operations

Manager?
A: Same as a Plant Manager but overseeing all of the plants of the

companies I work for and supervising all plant personnel.
30.29. Q: Throughout your career in the Industrial Gases Industry,

wWhat type of plant or plants did you managenage?
A: I manage several Air Separation Plants, Nitrogen Generators,

Liquid Oxygen refilling plants, an Acetelyne Plant, Hydrogen
Plant, and a Carbon Dioxide Plant.
31.30. Q: Please give an example or examples of the equipment found in
the plants you managed.?
A: Vaporizers, cryogenic storage tanks, Oxygen Generators,

compressors, buffer tanks, dryers, MS absorbers and many more.
32.31. Q: How many plants have you managed?
A: In terms of the site, I have managed 23 plants.19 plants.
33.32. Q: What is the the most number of plants, in terms of site, that
you managed at one time?
A: 23.19.
34.33. Q: Please give an example or examples of a significant

experiences you had in managing an industrial gases plant or
industrial gas plants.
A: At the age of 26, I converted an Oxygen generating plant to

produce also Nitrogen gas simultaneously with Oxygen. . I
designed a recycled waste-water system for an Acetelyne Plant.
I designed a sealed type Acetelyne plant. I designed and had
installed a Hydrogen gas mixed in Nitrogen gas facility for an
off-site plant for a customer. I introduced a lot of technical
innovations in INGASCO’sour AirOxygen Separation Plants as
well as for our Acetylene Plants and the off-site plants of
INGASCO.
35.34. Q: Are you part of any organization?
A: Yes.
36.35. Q: What organization or organizations have you been part of?
A: The Compressed Gas Association of the Philippines and

Philippine Confederation of Industrial Gases, Inc.
37.36. Q: What position or positions did you hold in the Compressed

Gas Association of the Philippines?
A: I was a member of the Technical Committee, Cylinder

Committee, Medical Oxygen Committee and Executive
Committee.
38.37. Q: In what capacity do you form part of the Philippine
Confederation of Industrial Gases, Inc.?
A: I am an incorporator of the Philippine Confederation of

Industrial Gases, Inc., a the representative of INGASCO to this
companythe Philippine Confederation of Industrial Gases, Inc.
and I have also been the President of this organization.
39.38. Q: How were you selected to become President of the Philippine

Confederation of Industrial Gases, Inc.?
A: I was elected by the members of the Philippine Confederation of

Industrial Gases, Inc.
40.39. Q: Please name some of the members of the Philippine

Confederation of Industrial Gases, Inc.
A: Air Liquide Philippines, Inc. and Linde.
41.40. Q: Please describe the industrial gases industry in the

Philippines.
A: It is a niche market because the products are special commodities

and very few know how to handle the business itself. In fact, the
3 major players here, INGASCOINGASCO’s mother company,
Taiyo Nippon Sanso Corporation of Japan, Air Liquide
Philippines, Inc. and Linde, have parent companies, which are
all global players that have cornered more or less 75% of the
global demand for industrial gases. The business is highly
technical and complex pero homogenous lang ang mga products
at equipment. Pare-pareho lang ang binebenta at capabilities at
pare-pareho lang ang technology at ang basic concept kung papano
gamitin or gumagana ang equipment. SoDito sa Pilipinas, yung big Commented [MAMT2]:
factor sa performance ng business yung success ay kung ng business

ay nakadepende sa kung sino ang humahawak nito.nag-papatakbo.
42.41. Q: By the way, what other industrial gases company or companies

are you affiliated with?
A: Caloocan Gas Corporation Group of Companies.
43.42. Q: How are you affiliated with this group of companies?
A: I am the Senior Vice-President of these companies and I played

a major role in growing the business of these companies.
44.43. Q: Within what period of time have you been affiliated with these
companies?
A: Since 1986.
45.44. Q: If you know, how were you selected to become the President
of INGASCO?
A: I was elected by the stockholders of INGASCO to be a Board

Member and later nominated by the majority shareholder of
INGASCO, Taiyo Nippon Sanso Corporation of Japan, to the
position of President, and was later elected by the stockholders
of INGASCO.
III. Defendants’ Plant Sale Agreement
46.45. Q: Do you know the defendant in this case, High Street

Manufacturing Corporation (“HIGH STREET”)?
A: Yes.
47.46. Q: Why do you know HIGH STREET?
A: Together with the former INGASCO President, Mr. Hiroshi

Nagae, I set the terms of the agreements for the supply of
Oxygen and Nitrogen by INGASCO to HIGH STREET’s Calaca
Steel Plant (the “Calaca Plant” or “Melt Shop”), approved the
agreements and signed on the agreements for INGASCO. I also
dealt with several representatives of HIGH STREET regarding
our agreements and monitor our supply of Oxygen and Nitrogen
to the Calaca Plant specially after we filed this case against HIGH
STREET and Air Liquide Philippines, Inc. (“ALPI”).
48.47. Q: When you refer to “this caseitong kasong ito”, are you referring
to this case which is entitled Ingasco, Incorporated v. High
Street Manufacturing Corporation and Air Liquide Philippines,
Inc. and docketed as Civil Case No. 74498 with Branch 161 of
the Regional Trial Court of Pasig City?
A: Yes.
49.48. Q: Why are you monitoring this case?

A: Ako ang na-pafile ng kasong ito dahil malaki ang impact ng pag-
pretrerminate ng HIGH STREET sa supply agreement naming. In
fact, nagretrench ang INGASCO ng halos 17___ % ng employado
namin dahil sa biglaang pag-preterminate ng HIGH STREET ng
kontrata namin at dahil nalaman namin na sinulot ng Air Liquide
ang business naming kahit alam nito na may existing contract kami.
50.49. Q: How do you monitor this case?
A: I read pleadings and orders filed in this case. Sinusubukan ko ring

attenan ang mga hearings ng kasong ito. I also give my inputs
about the facts at lalo na sa technical matters.
51.50. Q: Are you aware that, for this case, ALPI submitted a Plant Sale
Agreement executed on 24 October 2017 by HIGH STREET and
ALPI?
A: Yes.
52.51. Q: How were you made aware of this?
A: INGASCO’s lawyers provided me a copy of the Plant Sale

Agreement.
53.52. Q: Why did the INGASCO lawyers provide you a copy of the
Plant Sale Agreement?
A: For me to comment on the technical specifications.
54.53. Q: If this Plant Sale Agreement is shown to you, would you be

able to recognize it?
A: Yes.
55.54. Q: I am showing you a document attached to the Judicial

Affidavit of Flordeliza Ko dated 29 November 2017
denominated as Plant Sale Agreement by and between High
Street Manufacturing, Inc. and Air Liquide Philippines, Inc.
(“ALPI”), which is marked in evidence as Exhibit “___” for
ALPI and Exhibit “___” for INGASCO. What is the
relationship of this document with the Plant Sale Agreement
executed on 24 October 2017 by HIGH STREET and ALPI, a
copy of which was provided to you by INGASCO lawyers?
A: This is the Plant Sale Agreement that was shown to me.

56.55. Q: I noticed that this is only a photocopy. Where is the original
of this document?
A: The original is with HIGH STREET and ALPI. Ang binigay lang
sa amin sa INGASCO ay kopya lang nitong Plant Sale Agreement.
57.56. Q: How did you react to the request of the INGASCO lawyers to
comment on the technical specifications?
A: I provided my comments.
58.57. Q: Please share with us your comments on the Plant Sale

Agreement.
A: Unang-una, Attorney, may Back-Up System yung Planta ng ALPI.

Yung Back-Up System ay yung vaporizers na katulad sa amin na
magvavaporize ng Liquid Oxygen. Pero, base sa technical
specifications ng Planta, hindi ito makakaproduce ng Liquid
Oxygen. Ang masusuplay ng Liquid Oxygen ay si ALPI.
Pangalawa, habang renerehabilitate at itinetest yung Planta, ALPI din
ang magsussuplay ng Liquid Oxygen na kailangan ng Calaca Plant
ni HIGH STREET. Pangatlo, base sa technical specifications nitong
Planta, hindi kaya nitong isuplay yung Oxygen requirements ng
Melt Shop ng HIGH STREET at lalo na yung pangangailangan ng
Oxygen for other production processes tulad ng cutting of steel.
Kung iintindihin natin yung technical terms noong kontrata ng HIGH
STREET at ALPI, it is really an Oxygen supply agreement hindi lang
planta ang binebenta. Isa pa, Attorney, may chance na hindi
tanggapin ng HIGH STREET yung Planta. So, hindi talaga sigurado
na kaya ng Plantang isuplay yung Melt Shop o Calaca Plant ng
Oxygen. Panlima, Attorney, sa Plant Sale Agreement na ito, naka-
refer yung supply agreement ng HIGH STREET at ALPI. So, hindi
lang ito tungkol sa pagbebenta ng planta kundi pag-supply din ng
Liquid Oxygen. Commented [MAMT3]: Ask a question on were thi
statement may be found in the agreement.
59.58. Q: How do you know that the Plant of ALPI has a Back-Up
System?
A: Naka-indicate sa Plant Sale Agreement, Attorney.
60.59. Q: Where in this Plant Sale Agreement does it state the Back-Up
System?
Mr. Chu went over the Plant Sale Agreement and pointed to item
2 of Annexure-I, which was later marked in evidence as Exhibit
“___”.
61.60. Q: Why did you say that “Yung Back-Up System, kailangan ng
Liquid Oxygen na hindi iprinoproduce noong Planta na
isusuplay daw ng ALPI”?
Mr. Chu is pointing to item 2 of Annexure-I, which was later

marked in evidence as Exhibit “___”.
A: Tignan mo dito sa description ng Back-Up System, Attorney, ang

composition niya ay L VIE, o Liquid VIE tank, at Vaporizer. Yung
VIE, yan ang lagayan ng Liquid Oxygen at yung Vaporizer ito yung
nag-vavaporizer ng Liquid Oxygen. Ngayon, yung Planta ng ALPI
na supposedly bibilhin ng HIGH STREET, ang prinoproduce ay
gaseous Oxygen, hindi Liquid Oxygen.
62.61. Q: What is your basis for saying that the Plant of ALPI that would
be supposedly bought by HIGH STREET produces gaseous
Oxygen, not Liquid Oxygen?
A: Una, Attorney, naka-indicate dito sa kontrata, itong Plant Sale

Agreement na Gaseous Oxygen ang iproproduce ng Planta.
Pangalawa, yung specifications na nandito sa kontrata ay hindi para sa
isang Air Separation Plant or a plant with a liquefier na iyon ang
nagproproduce ng Liquid Oxygen. Wala dito sa technical
specification ng Planta na supposedly binebenta ng ALPI kay
HIGH STREET ang ano mang liquefier.
63.62. Q: Where in this Plant Sale Agreement does it state that what the
Plant of ALPI will produce is Gaseous Oxygen?
A: Naka indicate dito sa Annexure – II A1 Performance Parameters

specification. Dito nakasulat Gaseous Oxygen.
Mr. Chu pointed to the second row of the first column on item
A1 of Annexure – II of the Plant Sale Agreement, which item was
later marked as Exhibit “___”.
64.63. Q: Why did you say that it is ALPI that will supply the Liquid
Oxygen to be produced by the Back-Up System?
A: Sa industry, Attorney, hindi ka magsususplay ng vaporizer at VIE

kung manggagaling ang Liquid Oxygen sa ibang supplier. So, dahil
nag-install ang ALPI ng vaporizer at VIE tank, ibig sabihin ‘non,
ALPI ang magsusuplay ng Liquid Oxygen. Isa pa, Attorney, gusto
nga nilang ipatigil ang pas-suplay naming ng Oxygen diba at gusto
nila na kay ALPI kumuha ng suplay. Also, Attorney, sa mismong
Plant Sale Agreement naka refer ang supply agreement between HIGH
STREET and ALPI. So, yung Liquid Oxygen na ilagay sa VIE at i-
vavaporize ng vaporizer ay mangagaling sa ALPI.
64. Q: I am showing you the Plant Sale Agreement, which is marked

in evidence as Exhibit “___”. Where in this Plant Sale
Agreement does it refer to the supply agreement between
HIGH STREET and ALPI?
Mr. Chu is going over the document.
A: Here, Attorney, sa 2nd Whereas Clause.
Mr. Chu pointed to the 2nd Whereas Clause of the Plant Sale Agreement,
which was later marked in evidence as Exhibit “___”.
65. Q: Where in the Plant Sale Agreement does it provide that “may
rehabilitation at testing period bago tumakbo yung Planta ng
ALPI”?
A: Dito, Attorney, sa Article 5.1 sa page 6 ng kontrata na Plant Sale

Agreement.
Mr. Chu pointed to Article 5.1 of the Plant Sale Agreement found
on page 6, which article was later encircled and marked in
evidence as Exhibit “___”.
66. Q: Why did you say that habang renerehabilitate at itinetest yung
Planta, ALPI din ang magsusuplay ng Liquid Oxygen”?
A: Attorney, hindi naman pwedeng itigil ang operations ng Melt Shop

ng HIGH STREET habang renerehabilitate at itinetest yung Planta na
supposedly isusuplay ng ALPI sa HIGH STREET. So, given na
habang rinenehabilitate yung planta ng ALPI, kailangan pa rin may
mag-supply ng Liquid Oxygen para ivaporize para sa Melt Shop o
Calaca Plant ng HIGH STREET. Ito din yung sinasabi sa 2013
kontrata ng HIGH STREET at ALPI na patungkol din sa Plantang ito
at sa rehabilitation nito.
67. Q: Why did you say “may chance na hindi tangapin ng HIGH
STREET yung Planta. So, hindi talaga sigurado na kaya ng
Plantang isuplay yung Melt Shop”?
A: Nakasulat iyan sa Plant Sale Agreement, Attorney.

68. Q: I am showing you the Plant Sale Agreement, which is marked
in evidence as Exhibit “___”. Where in this document does it
state this?
A: Dito, Attorney, sa Article 5.5.5 ng Plant Sale Agreement at sa

Article 6.3 ng kontrata na ito.
Mr. Chu pointed to Article 5.5.5 of the Plant Sale Agreement

found on page 6 and Article 6.3 found on page 7 of the Plant Sale
Agreement, which articles were later encircled and marked in
evidence as Exhibits “___” and “___”, respectively.
69. Q: Why did you say that “base sa technical specifications nitong
Planta, hindi kaya nitong isuplay yung Oxygen requirements
ng Melt Shop ng HIGH STREET”?
A: Base sa design ng Planta, Attorney, ang volume ng Oxygen na ma-

proproduce nito ay yung kaya lang ibigay ng hangang 2,500Nm3 of
equal to or more than (= or >) 93% purity of gaseous Oxygen per
hour for the Melt Shop not counting the Oxygen requirements
for steel cutting processes. Kahit may excess production na
istinostore sa buffer tank nila, hindi pa rin kayang isupply nito ang
Melt Shop ng HIGH STREET. Kada production cycle ng Melt
Shop ng HIGH STREET, huhugot pa rin sila ng Oxygen sa Back-
Up System na kailangan ng Liquid Oxygen na supplied by ALPI.
Yung produkto din ng Planta ng ALPI, Attorney, Oxygen gas na
ang purity ay = or > 93% lang. So, may adjustment din yung
Oxygen volume computation dahil mabagal ang pag-tunaw ng
metal gamit ang Oxygen na ang purity ay 93% lang kaysa sa 99.7%
purity na inilalabas ng vaporizer. Gumawa kami ng computation
on Oxygen capacity ng Planta nila, Attorney, at lumalabas, hindi
talaga kaya ng Planta ng ALPI na i-supply yung Melt Shop lalo na
kapag-gumana yung sinasabi nilang Super Sonic Burner ng Melt
Shop kung walang gagamitin na Liquid Oxygen.
70. Q: How do you know about the design of the Plant?
A: It is indicated sa Plant Sale Agreement at sa 2013 na kontrata ng

HIGH STREET at ALPI na nabangit ko na kanina.
71. Q: What, if any, is the relationship of the Plant Sale Agreement

and this 2013 contract between HIGH STREET and ALPI that
you mentioned earlier?
A: Same lang yung Planta na pinag-uusapan sa dalawang kontratang ito,

Attorney.
72. Q: Why do you say that there is only one Plant, which is the
subject of the Plant Sale Agreement and the 2013 contract
between HIGH STREET and ALPI that you mentioned earlier?
A: Same lang yung Planta na pinag-uusapan sa dalawang kontratang ito,

Attorney.
73.72. Q: What is your basis for saying “Same lang yung Planta na pinag-
uusapan sa dalawang kontratang ito”?
A: Una, Attorney, ikinonfirm ito ng testigo ng HIGH STREET at ng

abogado nila. Pangalawa, Attorney, nagpatayo na ang ALPI ng
Planta sa Calaca Plant bago pa magkaroon ng Plant Sale Agreement
itong si ALPI at HIGH STREET. Ito yung same Plant na gusto
nilang patakbuhin kaya nila gustong i-palift yung Injunction Order
ng korte. Ito rin yung Planta na gusto nilang i-testing ngayon para
dito sa Plant Sale Agreement kaya gustoing ipatanggal ng ALPI
yung seal ng sheriff sa Planta. So, iisang Planta lang ang pinag-
uusapan, Attorney.
74.73. Q: When you said that HIGH STREET’s “testigo” confirmed that
“Same lang yung Planta na pinag-uusapan sa dalawang
kontratang ito”, who were you referring to?
A: Rodrigo Villapaña.
75.74. Q: When did he confirm this?
A: Noong nagtestify siya noong December 2018, Attorney.
76.75. Q: How do you know that Mr. Rodrigo Villapaña testified on this
in December 2018?
A: Nag-attend ako ng hearing noong nagtestify siya, Attorney, at

binasa ko rin yung transcript of stenographic notes noong nagtestify
siya.
77.76. Q: I am showing you the Transcript of Stenographic Notes of the

hearing of this case on 13 December 20189 when Mr. Rodrigo
Villapaña testified. Please go over the transcript and tell us
which portions of his testimony show that he confirmed that
kontratang ito”?
Mr. Chu is going over the 13 December 2018 Transcripts.

A: Here, Attorney, sa line 8 sa page 41 at line 6 sa page 48.
The line 8 on page 41 and line 6 on page 48 of the 13 December

2018 Transcript of Stenographic Notes which were subsequently
encircled and marked as Exhibits “____” and “____”
respectively.
78.77. Q: When you said that HIGH STREET’s “abogado” confirmed

that “Same lang yung Planta na pinag-uusapan sa dalawang
kontratang ito”, who were you referring to?
A: Si Attorney Fernandez, yung mas senior na abogado na nag-appear

para sa HIGH STREET sa kasong ito.
79.78. Q: How do you know that Attorney Fernandez confirmed that

kontratang ito”?
A: Sinabi ni Attorney Fernandez ito noong mga unang hearing sa

Urgent Motion ng HIGH STREET kasong ito noong December 2018.
Nag-attend din ako ng hearing kaya narinig ko na sinabi niya ito at
binasa ko rin yung transcripts para sa hearing na iyon.
80.79. Q: I am showing you the Transcript of Stenographic Notes of the

hearing of this case on 7 December 2018 when Atty. Fernandez
appeared. Please go over the transcripts and tell us which
portions of his testimony show that he confirmed that “Same
lang yung Planta na pinag-uusapan sa dalawang kontratang
ito”?
Mr. Chu is going over the 7 December 2018 Transcripts.
A: Dito sa line 37 sa page 37, Attorney.
Line 37 on page 37 of the 7 December 2018 Transcript of

Stenographic Notes which was subsequently encircled and
marked as Exhibit “____”.
81.80. Q: How do you know about the 2013 contract between HIGH
STREET and ALPI that you mentioned earlier?
A: Nakakuha kami ng certified true copy nito from the Clerk of Court
of Makati kung saan ninotaryo itong kontrata at binasa ko yung
kontrata, Attorney.
82.81. Q: If the 2013 contract between HIGH STREET and ALPI that you
mentioned earlier is shown to you, would you be able to
identify it?
A: Yes.
83.82. Q: I am showing you a certified true copy of a document

denominated as Supply Agreement for Gaseous Oxygen
through On-Site EOX with Back-Up Liquid Oxygen Bulk
System between HIGH STREET (SPV-AMC) and Air Liquide
Philippines, Inc., which is marked in evidence as Exhibit
“___”. What is the relationship of this document with the
certified true copy of the Supply Agreement for Gaseous
Oxygen through On-Site EOX with Back-Up Liquid Oxygen
Bulk System between HIGH STREET and ALPI that you
mentioned earlier?
A: This is the document.
84.83. Q: I am showing you the Supply Agreement for Gaseous Oxygen

Philippines, Inc., which is marked in evidence as Exhibit
“___”. Where in this agreement can you find the design of the
Plant?
Mr. Chu is going over the Supply Agreement for Gaseous Oxygen
Philippines, Inc.
A: Here in Schedule II, Schedule III item 1, Schedule IV and

Schedule V nitong kontrata, Attorney.
Schedule II, Schedule III item 1, Schedule IV and Schedule V of

the Supply Agreement for Gaseous Oxygen through On-Site
EOX with Back-Up Liquid Oxygen Bulk System between HIGH
STREET (SPV-AMC) and Air Liquide Philippines, Inc. were
subsequently marked as Exhibits “__” to “___”, respectively.
85.84. Q: I am showing to the Plant Sale Agreement, which is marked in

evidence as Exhibit “____”. Where in this agreement can you
find the design of the Plant?
Mr. Chu is going over the Plant Sale Agreement.

A: Here in Section 7.2 sa page 2, sa Annexure I, Annexure II A1 and
A2 at sa Annexure IV, Attorney.
Section 7.2, Annexure I, Annexure II A1, Annexure II A2 and

Annexure IV of the Plant Sale Agreement were subsequently
marked as Exhibits “__” to “___”, respectively.
86.85. Q: I am again showing you the Supply Agreement for Gaseous

Oxygen through On-Site EOX with Back-Up Liquid Oxygen
Bulk System between HIGH STREET (SPV-AMC) and Air
Liquide Philippines, Inc., which was previously marked in
evidence as Exhibit “___”. Where in this agreement does it
show that “ang volume ng Oxygen na ma-proproduce nito
[referring to the Plant] ay yung kaya lang ibigay ng ng hangang
2,500Nm3 of equal to or greater than 93% purity of gaseous
Oxygen per hour”?
A: In Schedule III item 1 on AL EOX Oxygen Generator

Specifications nakasulat Gas Production na 2,500Nm3/hr at
Purity equal to or greater than 93%.
The portions in Schedule III 1 item 1 on AL EOX Oxygen

Generator Specifications of of the Supply Agreement for
Gaseous Oxygen through On-Site EOX with Back-Up Liquid
Oxygen Bulk System between HIGH STREET (SPV-AMC) and
Air Liquide Philippines, Inc. identified by Mr. Chu were
subsequently marked in evidence as Exhibits “__” and “___”.
87.86. Q: I am showing you this Plant Sale Agreement, which is marked

in evidence as Exhibit “___” for ALPI and marked in evidence
as Exhibit “___” for INGASCO. Where in this agreement does
it show that “ang volume ng Oxygen na ma-proproduce nito
[referring to the Plant] ay yung kaya lang ibigay ng ng hangang
2,500Nm3 of equal to or greater than 93% purity of gaseous
Oxygen per hour”?
A: In Annexure II A1 sa Performance Parameters specifications dito

sa Flow in Nm3/hr nakasulat yung 2500.
The portion of Annexure II A1 that was identified by Mr. Chu

was subsequently marked in evidence as Exhibit “___”.
88.87. Q: I am showing you this Plant Sale Agreement, which is marked

in evidence as Exhibit “___”. Where in this agreement could
you find the specifications of the plant, which show that the
production capacity is only until what can be produced at a
Flow Rate of 2,500Nm3/hr?
A: Dito sa Article 7.2 nakasulat na yung performance requirement na

gaseous Oxygen at EOX BL, yung Plant, at 2,500Nm3/hr. Dito
din sa Annexure II inulit sa Performance Parameters
Specifications.
Mr. Chu pointed to Article 7.2 and Performance Parameters

Specifications under Annexure II of the Plant Sale Agreement,
which items were subsequently marked in evidence as Exhibits
“___” and “___”, respectively.
END OF TAKING OF DEPOSITION ON 21 OCTOBER 2019
INSERT TECHNICAL EXPLANATION HERE
END OF DESPOSITION ON 23 OCTOBER 2019
IV. Technical Report of Denis Pontvianne
89.88. Q: Earlier, you said you read the pleadings and order to closely
monitor this case and give inputs on the technical matters. Are
you aware that HIGH STREET presented a Technical Report
where the editor is Denis Pontvianne?
A: Yes.
90.89. Q: How were you made aware of this?
A: INGASCO’s lawyers provided me a copy of the Technical

Report.
91.90. Q: If this Technical Report is shown to you, would you be able to

recognize it?
A: Yes.
92.91. Q: I am showing you a document denominated as Technical

Report Atmospheric vaporizer units Site visit January 07 and
08, 2019 Plant Sale Agreement, which was marked as Exhibit
“___” for HIGH STREET and Exhibit “_______” for INGASCO.
What is the relationship of this document with the Technical
Report where the editor is Denis Pontvianne, a copy of which
was provided to you?
A: This is the copy shown to me.
93.92. Q: Why did the INGASCO lawyers provide you a copy of the
Plant Sale Agreement?
A: For me to comment on the technical specifications.
94.93. Q: I noticed that this is only a photocopy. Where is the original

of this document?
A: The original is with HIGH STREET. Kopya lang ng Technical

Report ang binigay sa INGASCOakin, Attorney.
95.94. Q: How did you react to the request of the INGASCO lawyers to
comment on the technical specifications?
A: Nagcomment ako sa technical, Attorney.
96.95. Q: Please share with us your comments on this Technical Report

marked in evidence as Exhibit “___”.
A: Mali yung pag-compute noong capacity ng Vaporizers. Mali din

yung analysis ni Pontvianne tungkol sa switching ng Vaporizers.
Muhkang hindi rin siya marunong sa site preparation dahil hindi
niya na-intindihan kung ano yung cause noong flooding. Pero,
nakuha niya na kung may problema sa pressure requirement ay sa
side ng HIGH STREET ang problema at hindi sa amin. Tama naman
yung sinabi niya tungkol sa process flow namin pero kulang sa
description. Tama rin yung specifications ng Vaporizers pero
kulang yung data niya. Tama yung finding niya na yung humidity
sa gabi umaabot ng 100% at yung finding niya tungkol sa epekto ng
humidity sa pag-create ng fog or mist dala ng pag-operate ng
Vaporizer. Marami din siyang comments tungkol sa mga
pangyayaring hindi niya alam yung sinasabi niya at hindi
makatotohanan. Natawa din ako doon sa comment niya na pwede
siyang mag-estimate ng capacity base sa litrarto e science, physics at
math po ito. Kailangan i-compute base sa mga factors, hindi sa litrato.
Inamin din naman ni Pontvianne na yung analysis niya ay puro base
sa mga assumption.
97.96. Q: Why did you say that “Inamin din naman ni Pontvianne na
yung analysis niya ay puro base sa mga assumption”?
A: Nakasulat sa report, Attorney.
98.97. Q: I am showing you the Technical Report, which is marked in

evidence ax Exhibit “____”. Where in this report can you find
that “Inamin din naman ni Pontvianne na yung analysis niya ay
puro base sa mga assumption”?
A: Dito sa page 8, Attorney. Dito sa ilalim ng 4 Technical Analysis

Preliminary tapos Note.
Mr. Chu pointed to a portion of the Technical Report, which is

bracketed and marked as Exhibit “___-____”.
99.98. Q: Why did you say that “mali yung pag-compute noong capacity
ng Vaporizers”?
A: Una, wala siyang analysis tungkol sa Duty Factor, which is yung

pinaka importanteng ikinokonsider kapag na-cocomptute ng capacity
ng Vaporizers. Wala kang makikita dito sa report tungkol sa Duty
Factor. Pangalawa, ang analysis ni Pontvianne ay kapag ang
description ng Vaporizer ay halimbawa 2000Nm3/hr, hanggang
doon lang ang kayang Flow Rate na ibigay ng Vaporizer, which is
maling-mali.
100.99. Q: What is your basis for saying that “ang analysis ni

Pontvianne ay kapag ang description ng Vaporizer ay
halimbawa 2000Nm3/hr, hanggang doon lang ang kayang Flow
Rate na ibigay ng Vaporizer”?
A: Nasa report niya, Attorney, na ganoon ang analysis niya.
101.100. Q: I am showing you the Technical Report, which is marked

in evidence ax Exhibit “____”. Where in this report can you
find this analysis?
A: Dito sa page 8, Attorney, sa 4.1 Capacity to be installed.
102.101. Q: Please read the portion you are referring to.
A: “This assumption gives 2 configurations:
 (2 x 2000Nm3/h) in operation and (1x2000Nm3/h) in

standby.
 (1 x 2000Nm3/h) + (1 x 1500Nm3/h) in operation and
(2x2000Nm3/h) in standby.
The first configuration leads to 4000Nm3/h capacity and the
second one to 3500Nm3/h, both configurations are insufficient
to prove the required peak flow rate of 5500 to 6000Nm3/h.”
The part of the Technical Report found on page 8 that Mr. Chu
read is bracketed and marked in evidence as Exhibit “___-___”.
103.102. Q: How does this analysis, which you read, show that “ang
analysis ni Pontvianne ay kapag ang description ng Vaporizer
ay halimbawa 2000Nm3/hr, hanggang doon lang ang kayang
Flow Rate na ibigay ng Vaporizer”?
A: Ang ginawa niya, Attorney, inadd lang niya yung capacity based
on the description of the Vaporizers para kunin kung hanggang
saan kayang ibigay na Flow Rate. So, dito sabi niya na kung dalawang
2000Nm3/hr Vaporizers ang gagana, ang kaya lang ng dalawang
vaporizers ay hanggang 4000Nm3/hr na flow lang. Ganoon din
yung sa second configuration niya. Inadd lang niya yung
1500Nm3/hr at 2000Nm3/hr para makuha yung Flow Rate
capacity na 3500Nm3/hr.
104.103. Q: Why did you say that this analysis of Denis Pontivianne
is “maling-mali”?
A: Hindi porke’t nakasulat sa description ng Vaporizer na 2000Nm3/hr

na hindi ito makakapag-produce ng higit pa sa 2000Nm3/hr. Ang
capacity ng Vaporizers are depende sa ibat-ibang factors tulad ng
time. Kung sa maikling period lang kailangan ang Flow Rate,
makapag bibigay ng gaseous Oxygen ang Vaporizer ng higit pa sa
Flow Rate na 2000Nm3/hr. Kung mahabang period kailangan yung
particular na Flow Rate, maaring bumama yung capacity ng
Vaporizer. So, kailangan mong makuha yung Duty Factor ng
Vaporizer and the required Flow Rate dahil dito makikita ang
kakayahan ng Vaporizer.
105.104. Q: How is it possible for the Vaporizers to be able to

produce a Flow Rate higher than what is indicated in their
description?
A: Ganito, Attorney, yung pinaka basic concept ng Vaporizer ay

isusubo mo lang yung Liquid Oxygen sa tubes at once naisubo na
yung Liquid Oxygen mag-vavaporize na siya to produce gaseous
Oxygen. Basta kayang pumasok ang Liquid Oxygen sa tubes ng
Vaporizer, pwedeng ivaporizesubo. Pero siyempre, habang tuloy
tuloy ang pagsubo, bumabagal ang pag-vaporize dahil mas-maraming
heat ang kailangan para mavaporize yung nasubong Liquid Oxygen.
Pero, Attorney, hindi tumitigil sa pag-vaporize ang vaporizer dahil
napaka baba ng boiling point ng Liquid Oxygen. Ma-expose lang
siya sa temperature na mataas sa -183C magvavaporize na iyan. E
ang temperature sa Batangas, Attorney, hindi bumababa sa 0C. So,
kung mag-feedfeed ka ng more than equivalent to 2,000Nm3 sa
Vaporizer, kaya nitong ivaporizelabas ito kaagad.
106.105. Q: What do you mean by Duty Factor?
A: Ito yung volume ng gas, gaseous Oxygen, na kayang iproduce ng

Vaporizer within a certain period of time at kasama na yung ibang
factors na alam natin tulad ng pressure.
107.106. Q: How do you determine Duty Factor?
A: If gusto natin na accurate talaga, pwede kumuha ng Duty Factor sa

manufacturer ng vaporizer basta ibigay lang yung description ng
Vaporizer. Pwede ding humingi ng Duty Factor data galing sa ibang
na-susuplay ng vaporizers para makuha yung estimate ng capacity.
108.107. Q: How would the Duty Factor data for the vaporizer from
another manufacturer enable you to get an estimate of the
capacity of the vaporizers?
A: Lahat ng ambient air vaporizers, Attorney, pareho ang basic

concept kung paano tumakbo. Hindi masyadong malayo ang
performance capacity ng mga ito. So, kung gustuhin nating kumuha
ng kahit estimate lang ng capacity, pwede nating gamitin yung Duty
Factor ng ibang brand ng vaporizer.
109.108. Q: Why did you say that “Mali din yung analysis ni
Pontvianne tungkol sa switching ng Vaporizers at hindi niya
alam kung papaano mag-thaw ng Vaporizers”?
A: Nakasulat sa report ni Pontvianne na kalahati ng vaporizer naka-

online habang kalahati naka-patay. There is no such standard,
Attorney. Sobra ring simplistic yung solusyon niya at hindi pinag-
iisipan kung paano i-maximize or gawing efficient yung vaporizers.
Kung kailan pinapatay at binubukas ang vaporizer ay depende sa
pangangailangan ng customer at condition ng plant operations.
Pwede naman kasing patayin yung isang vaporizer for 2 hours or 3
hours at patakbohin ulit. Hindi kailangang 12 hours ang isang
vaporizer na naka-patay. Pwede ring isa lang vaporizer ang
nakapatay and yung iba naka-online. Walang standard or fixed
formula ng pag-patay at pagbukas ng vaporizer, Attorney.
Kailangang may analysis based on kung ano kailangan ng customer.
110.109. Q: Where in this Technical Report, which is marked in

evidence as Exhibit “___”, can you find the analysis of Denis
Pontvianne about the switching of the vaporizers, which you
said is wrong?
A: It is here, Attorney, sa page 8 ng Technical Report sa 4.1.
111.110. Q: Please read the portion of the Technical Report you are
referring to.
A: “Appropriate LOX operation shall use half of the vaporizers in

production whereas the remaining vaporizers shall be in
‘Defrosting/warm up’ mode”.
Mr. Chu read the portion of the Technical Report on page 8,

which is bracketed and marked in evidence as Exhibit “___-
____”.
112.111. Q: At present, does INGASCO switch its Vaporizers?
A: Yes.
113.112. Q: What is the switching schedule of the INGASCO

Vaporizers?
A: Tatlong Vaporizers ang online habang isang Vaporizer ay at rest at

any given time. Tapos, each Vaporizer operates for 6 hours
straight and after the 6 hours, paparest naming ng 2 hours bago i-
operate ulit for another 6 hours.
114.113. Q: Why did you say that “Muhkang hindi rin siya marunong
sa site preparation dahil hindi niya na-intindihan kung ano
yung cause noong flooding”?
A: Attorney, may sinabi siya sa report niya na yung gravel matting ay

pwedeng i-accommodate yung water sa ice. Totoo ‘yon. Pero mali
yung premise niya dahil ang gravel matting ay hindi dapat nag-
accommodate ng tubig. Hindi dapat ikinokontain yung tubig ng
gravel matting. Yung gravel matting para lang may-daluyan yung
tubig bago lumabas sa drain. Yung gravel bedding, ginaguide lang
niya yung tubig papunta sa drain. Kung naintindihan ito ni
Pontvianne, mapopoint out niya na yung problema, which is walang
drain na prinovide yung HIGH STREET para sa facilities namin.
Yoon yung problema.

find that “may sinabi siya sa report niya na yung gravel
matting ay pwedeng i-accommodate yung water sa ice”?
A: Dito sa page 7, Attorney. Dito sa ilalim ng 3.1 Previous

observations.
Mr. Chu pointed to a portion of the Technical Report, which is

bracketed and marked as Exhibit “___-____”.
116.115. Q: Why did you say that “walang drain na prinovide yung
HIGH STREET para sa facilities namin”?
A: Sa kontrata ng INGASCO with HIGH STREET, ang HIGH

STREET at dapat magprovide ng site. Ang site na prinovide ng
HIGH STREET dati, may outlet ang facilities namin sa dalawang
storm drain. Noong inallow ng HIGH STREET mag-install ng
equipment ang ALPI, tinabunan ng ALPI yung dalawang drain sa
facilities ng INGASCO.
[END AS OF 21 OCTOBER 2019]
117.116. Q: Why did you say that “nakuha niya na may problema sa
pressure requirement ay sa side ng HIGH STREET at hindi sa
amin”?
A: Sa report niya, Attorney, yung pressure design conditions ng VIE

Tank naming ay 21 Barg. Tapos yung setting ng pressure sa side
ng INGASCO ay 14 Barg. Sabi din niya, yung drop between yung
VIE tank at yung gas consumption point dapat 2 to 3 Barg para
kapag ang kailangan ng HIGH STREET at 12 Barg, ang setting
naming pwede sa 14 or 15 Barg. Attorney, ang setting namin ay 14
Barg, and pressure drop namin maximum of 1.88 Barg kung ang
consumption ay nasa 5,5000Nm3/hr. So, walang problema sa pag
deliver ng pressure at 12 Barg. Kayang i-provide ng equipment
namin iyan. Isa pa, Attorney, kung hindi namin nadedeliver yung
pressure, pwede naming i-adjust yun sa side namin. Sabihan lang
kami ng HIGH STREET dahil yung tangke namin, kaya pang mag-
increase ng pressure.
COMMENT ON THE LACK OF COMPLAINT ON REDUCED PRESSURE

- FABRT
find that “nakuha niya nay ng problema sa pressure
requirement ay sa side ng HIGH STREET at hindi sa amin”?
A: Dito sa page 6 sa 2.3.2 at sa page 8 at 9 sa 4.4, Attorney.
Mr. Chu pointed to portions of the Technical Report, which is

bracketed and marked as Exhibits “___-____” and “___-____”.
119.118. Q: You said “tama yung finding niya na yung humidity sa

gabi umaabot ng 100% at yung finding niya tungkol sa epekto
ng humidity sa pag-create ng fog or mist dala ng pag-operate ng
Vaporizer”. Where in this report may this finding of
Pontvianne be read?
A: Here sa page 6 sa 2.3.4 Ambient air conditions at sa page 8 sa 4.3.
Mr. Chu pointed to portions of the Technical Report, which is

bracketed and marked as Exhibits “___-____” and “___-____”.
120.119. Q: Earlier, you said “Marami din siyang comments tungkol

sa mga pangyayaring hindi niya alam yung sinasabi niya at
hindi makatotohanan”. Which comments are you referring to?
A: Dito sa page 7 items 3.1 at 3.2, Attorney.
121.120. Q: Please read the portion you are referring to on page 7

under item 3.1.
A: “Pictures taken on October 27, 2017 show a large built-up of ice

on all 4 vaporizers. At this time, the maximum required flowrate
of O2 was 3500 Nm3/hr. No maintenance was performed on the
plant for ice removal. Consequently there was not much water
going to the road but the surrounding wall are wet, the gravel
matting inside can still accommodate the water coming from the
molten ice”.
Mr. Chu read a portion of the Technical Report, which is

bracketed and marked as Exhibits “___-____”.
122.121. Q: Why do you say that this portion that you read “hindi
niya alam yung sinasabi niya at hindi makatotohanan”?
A: Una, Attorney, noong sinabi niya na “no maintenance was
performed on the plant for ice removal”, parang sinasabi niya na
kailangang may gagawin lagi for ice removal kasi ang gamit niya na
term ay maintenance. Ibig sabihin regular itong kailangang gawin.
Prior to the ice build-up na irineport naming kay HIGH STREET
noong October 2017, walang incident ng ice build-up. So, anong
sinasabi niya na maintenance para dito? Next, may regular
maintenance kaming ginagawa sa facilities namin kaya nga namin
nakita yung ice build-up noong October 2017 at rineport namin ito
sa HIGH STREET. Kami ang nagsabi sa HIGH STREET na
kailangang ithaw pero ang tagal bago kami bigyan ng Entry Pass.
Pero inaksyonan namin ito noong pumayag na si HIGH STREET na
mag-thaw kami at pumasok kami sa site.
123.122. Q: Please read the portion you are referring to on page 7

under item 3.2.
A: “There was not much ice built-up observed during the night of
January 7th to 8th, only some frosting on the first 2 rows of the
2000Nm3/h vaporizers (the 1500Nm3/h being in standby). This
could result from heavy water hosing during the previous hours
or days (it is noted that no water hosing was performed during
the period of the night I spent on site).”
124.123. Q: Why do you say that this portion that you read “hindi
niya alam yung sinasabi niya at hindi makatotohanan”?
A: Sabi niya wala daw ice build-up kasi baka nag water hosing during
the previous hours. Una, wala kaming water hosing ng vaporizers
after nung incident noong October 2017. Pangalawa, pwede naman
niyang tanunin sa mga tao ng HIGH STREET kung nag-water
hosing kami bago siya nag-observe sa facilities namin. So, hindi na
niya kailangang mag-hakahaka pa na mali pa. Experto daw siya diba?
Bakit siya magpapalabas ng report na base sa hakahaka na maari
naman niyang i-validate. Wala nang ibang konklusyon doon kundi
deliberate siyang nagsinungaling.
125.124. Q: You said “Natawa din ako doon sa comment niya na

pwede siyang mag-estimate ng capacity base sa litrato e science,
physics at math po ito. Kailangan i-compute base sa mga
factors, hindi sa litrato”. Where in this Technical Report,
which is marked in evidence as Exhibit “___” and which I am
showing you, can you find this comment about estimates
based on pictures?
A: Dito sa page 7 item 3.1, Attorney.
Mr. Chu pointed to the 3rd paragraph of item 3.1 of the Technical
Report, which is marked in evidence as Exhibit “___-___”.
QUESTIONABLE YUNG CONSUMPTION -
V. The INGASCO Oxygen Agreement
126.125. Q: Earlier, you mentioned you approved agreements

between INGASCO and HIGH STREET. If these agreements
are shown to you, would you be able to recognize them?
A: Yes.
127.126. Q: I am showing you a document denominated as Liquid

Oxygen Supply Agreement notarized on 29 May 2008 (the
“INGASCO Oxygen Agreement”), a copy of which is marked
in evidence as Exhibit “A-Preliminary Injunction and series”.
A copy of this same document is attached to the Judicial
Affidavit of Atty. Reginald Alberto B. Nolido dated 21
February 2019 and was also previously admitted1 by the parties
and offered in evidence by INGASCO during the hearing on
its Application for Preliminary Injunction. What is the
relationship of this document with the agreements you
mentioned INGASCO and HIGH STREET executed?
A: This is the one of those agreements and it is for the supply of

Oxygen to the Calaca Plant.
128.127. Q: On the middle right hand portion of page 5 of this

document, there appears a signature above the type-written
name Raymond M. Chu, Executive Vice President – COO.
Whose signature is this?
A: It is my signature.
129.128. Q: Please explain why you say this agreement is one

between INGASCO and HIGH STREET when the latter does
not appear to be party to this agreement.
A: STEELASIA represented HIGH STREET during the negotiations

of the INGASCO Oxygen Agreement, and not long after this
1 Admitted by the Honorable Court in its Order dated 25 November 2014.

agreement was executed, HIGH STREET substituted
STEELASIA as customer under this agreement.
130.129. Q: What proof, if any, do you have to show that HIGH

STREET substituted STEELASIA as customer under the
INGASCO Oxygen Agreement?
A: The Amendment to the Liquid Oxygen Exclusive Supply

Agreement.
131.130. Q: If this document is shown to you, would you be able to

recognize it?
A: Yes.
132.131. Q: I am showing you a document denominated as

Amendment to the Liquid Oxygen Exclusive Supply
Agreement dated 1 September 2008, which is marked as
Exhibit “B-Preliminary Injunction and series”. This document
was also previously admitted2 by the parties and presented by
INGASCO as part of its evidence during the hearing on the
Preliminary Injunction. What is the relationship of this
document with the Amendment to the Liquid Oxygen
Exclusive Supply Agreement, through which you said that
HIGH STREET substituted STEELASIA as customer?
A: This is the document.
133.132. Q: On the upper right-hand side of page 2 of this document,

there appears a signature above the type-written name
Raymond M. Chu. Whose signature is this?
A: Mine.
134.133. Q: Under Clause II of the INGASCO Oxygen Agreement, it

states that “SUPPLIER undertakes to supply and CUSTOMER
agrees to exclusively purchase its total requirements of
LIQUID OXYGEN for a period of five (5) years. This
Agreement shall become effective upon execution, and the
term shall begin upon the start of the CUSTOMER’s
commercial operations”. To be clear, which party is the
“SUPPLIER”?
A: INGASCO.

135.134. Q: Which party is the “CUSTOMER”?
A: HIGH STREET.
136.135. Q: Please explain why INGASCO agreed to this provision

in Clause II of the INGASCO Oxygen Agreement.
A: Ganito, Attorney, noong time na-nagnenegotiate kami, ang unang

pinarating ng representatives ng HIGH STREET sa amin ay yung
need na ma-i-secure yung malaking volume ng Oxygen na kailangan
sa start ng commercial operations ng Calaca Plant. Since kakapatayo
pa lang ng isang planta namin noong time na iyo, may capability kami
na ireserve yung boong Oxygen production ng isang planta namin plus
ialocate pa ang part ng Oxygen production ng existing plants namin.
Noong ipinarating namin sa representatives ng HIGH STREET na
kaya namin isupply yung huge volume na kailangan ng Calaca Plant,
binalikan kami ng representatives ng HIGH STREET tungkol naman
sa ayaw nilang maepose sa Facility Charge at sa Price Adjustment
provisions ng kontrata habang hindi pa sila nagstatart ng commercial
operations. So, pumayag ako na habang wala pang commercial
operations, pwede na kaming magsupply na hindi muna i-expose ang
customer sa Facility Charge and Price Adjustment until start of
commercial operations pero kailangang mag-commit yung customer na
exclusively kumuha sa amin ng Oxygen upon execution ng kontrata
and until 5 years from commercial operations para hindi kami malugi.
137.136. Q: Please explain what you meant by “pero kailangang mag-

commit yung customer na exclusively kumuha sa amin ng
Oxygen upon execution ng kontrata and until 5 years from
commercial operations para hindi kami malugi”.
A: Attorney, yung pricing ng Oxygen namin sa kontrata ay mababa dahil

sa anticipate volume na pinaexpect sa amin na kakailanganin ng Calaca
Plant during commercial operations. Para maibigay kay HIGH
STREET yung tinatawaran nilang presyo ng Oxygen, kailangan
iassure kami ng customer na kukuha sila ng Oxygen for 5 years from
the start of yung commercial operations ng planta kung saan yung
expected volume of Oxygen ay kailanganin.
138.137. Q: If you know, what is the expected volume of Oxygen

required by the Calaca Plant at the start of its commercial
operations?
A: About 2,800,000 Nm3 per month of gaseous Oxygen.

139.138. Q: What proof, if any, do you have to show that the volume
of Oxygen required at the start of commercial operations of the
Calaca Plant is about 2,800,000 Nm3 per month of gaseous Commented [MT4]: PLT to add a question where Mr. Chu
will explain “saan kukunin yung iba, yung beyond
Oxygen? 2,190,000”
A: Sa Oxygen Supply Agreement ng INGASCO with HIGH STREET,

we already provisioned 6 units of 2000Nm3/hr Vaporizers for
the Calaca Plant in the INGASCO Oxygen Agreement and that
the minimum capacity of these vaporizers will more or less meet
the expected requirement of gaseous Oxygen at the start of the
commercial operations of the Calaca Plant of 2,800,000Nm3 per
month.
140.139. Q: Where in the INGASCO Oxygen Agreement can you

find the provisioning of the 6 2000Nm3/hr vaporizers at the
start of the Calaca Plant’s commercial operations?
A: Clause 3.1.1.3 of the INGASCO Oxygen Agreement specifies that

the Oxygen Facility will have 6 2000Nm3/hr vaporizers and
Clause 6.3 allows INGASCO to upgrade or downgrade the
capacity of the facility.
141.140. Q: Please read, for the record, Clause 3.1.1.3 of the

INGASCO OXYGEN AGREEMENT.
A: “For the use of INGASCO owned 18,000 gallons CRYOGENIC

STORAGE TANK, 6 units of EXTERNAL VAPORIZER with
2,000m3/hr each and CONTROL MANIFOLD.” Commented [PKT5]: Normal m3: at 0 degrees
Standard m3: depends on location
a.18,000 gallons of VIE Tank – Biggest standard

142.141. Q: Please explain the relationship of these 6 vaporizers with VIE Tank; capacity is less than 1 day supply; we
the volume of Oxygen required at the start of commercial can supply from San Jose 3x a day (2 hour travel
time)
operations of the Calaca Plant. b.If we have vaporizer capacity of 12,000Nm3/hr,
we anticipate that we will need 6000Nm3/hr on
use at any given time. If only 75% of 4500
A: The requirement of the Calaca Plant is Oxygen in its gaseous Nm3/hr is running it translates to 3,000,000 m3
form. The vaporizers are needed to convert the Liquid Oxygen per month. (730 hours per month x 4,500 m3 +
3,000,000 m3)
that INGASCO delivers to the Calaca Plant to its gaseous form. c.Pipes of HS after our battery limit is 6 inches.
Kaya yung vaporizers must have the capacity to vaporize enough Pipes of INGASCO after vaporizer to connect to
HS pipes are also 6 inches.
gaseous Oxygen as needed by the Calaca Plant at the start of its DIAMETER OF PIPE ...
commercial operations. Base sa computation namin, the number
of vaporizers needed to churn out the required gaseous Oxygen
of the Calaca Plant sa simula ng commercial operations nito is 6
2000Nm3/hr vaporizers.
143.142. Q: In terms of volume, what is the capacity of these 6

2000Nm3/hr vaporizers?
A: Between 2,880,000 Nm3 to 4,320,000 Nm3 gaseous Oxygen per
month.
144.143. Q: Clause 6.3 of the INGASCO Oxygen Agreement

provides, in part that, “[INGASCO] At no mobilization cost to
[HIGH STREET], [INGASCO] reserves the right to upgrade,
downgrade, replace or pull-out the cryogenic tank and other
facilities on loan under the following justification grounds.”
Why did INGASCO agree to this clause in the INGASCO
Oxygen Agreement?
A: This is a standard clause in all our contracts to have control over

the management our equipment at customer site.
145.144. Q: Has HIGH STREET purchased from INGASCO the

volume of Oxygen you said is required at the start of
commercial operations of the Calaca Plant of an average of
2,800,000Nm3 a month?
A: No.

STREET has not purchased from INGASCO the volume
required at the start of the commercial operations of the Calaca
Plant?
A: Until today, HIGH STREET has not purchased the anticipated

volume of Oxygen that the Calaca Plant needs at the start of
commercial operations. Over time, INGASCO has upgraded its
facilities to meet the needs of the Calaca Plant but never to the
point where the 6 2000Nm3/hr vaporizers needed to be installed
to meet the volume requirements at the start of commercial
operations of the Calaca Plant.

STREET has not purchased the anticipated volume of Oxygen
at the start of the Calaca Plant’s commercial operations?
A: The INGASCO Sales Invoices and Delivery Receipts pertaining

to the supply of Oxygen to the Calaca Plant.
148.147. Q: If these INGASCO Sales Invoices and Delivery Receipts

are shown to you, would you be able to recognize them?
A: Yes.
CHECK WHETHER HIGH STREET ADMITTED THE VOLUME
ORDERED.
[4TH PART OF 19 NOVEMBER 2019]
END OF 19 NOVEMBER 2019 DEPOSITION
VI. The INGASCO Oxygen Facility is capable of supplying the Oxygen

requirements of the Calaca Plant
149.148. Q: PresentlyAfter the reinstallation of the INGASCO

Oxygen Facility in April 2016 and prior to November 2019,
what equipment comprise INGASCO’s Oxygen Facility at the
Calaca Plant?
A: 1 VIE Storage Tank with a water capacity of 75,000 liters, 3

2000Nm3/hr vaporizers, 1 1500Nm3/hr vaporizer, 3” Pressure
Regulating Control Valve, a Pneumatic Diaphram Actuator, a
P/P Positioner and the pipes and bends.
150.149. Q: If you know, what is the current gaseous Oxygen

requirement of the Calaca Plant?
A: Assuming the Calaca Plant runs for 24 hours, it could range from
59,123.39 to 61,470.98 Nm3 per day.
151.150. Q: How do you know this?
A: We made computations based on the data provided by Rod

Villapaña.
152.151. Q: If the Calaca Plant requires Oxygen in its gaseous form,

not liquid form, why then is the INGASCO OXYGEN
AGREEMENT one for the supply of Liquid Oxygen?
A: Although the INGASCO Oxygen Agreement is entitled Liquid

Oxygen Supply Agreement, the subject of this contract is really
delivery of Oxygen in its gaseous form.
153.152. Q: Please explain why you say that the subject of the
contract is Oxygen in its gaseous form.
A: Oxygen is manufactured into its liquid form to enable us to store

more Oxygen per square inch and make it easier to transport.
Liquid Oxygen has no use in any gas application. From the Air
Separation Plant of INGASCO to the Calaca Plant, Oxygen is
delivered in liquid form. At the INGASCO Oxygen Facility, the
Liquid Oxygen is converted to gas using the vaporizers and what
the Calaca Plant draws from the facility is Oxygen in its gaseous
form. We produce liquid Oxygen to have a cost-efficient and
safe delivery. The ratio of 1 m3 of liquid oxygen is equivalent to
798.3Nm3 of gaseous Oxygen, or a ratio of 1 is to 798. This is the
reason why it is more efficient to delivery liquid oxygen.
V. The Site
154. Q: Clause 6.2 of the INGASCO OXYGEN AGREEMENT refers to

the Site while Clause 6.2 (a) states that the CUSTOMER shall provide the
Site “Foundation – in accordance with INGASCO’s plans and
specifications”. What is the Site referred to in this provision?
A: It refers to the area where INGASCO is to build its Oxygen Facility.
155. Q: What is the Foundation?
A: It refers to the condition of the ground of the Site upon which

INGASCO will set up its Oxygen Facility.
156. Q: At the time that the INGASCO Oxygen Facility was set up at
the Calaca Plant, did HIGH STREET provide INGASCO with a Site that
had the Foundation in accordance with INGASCO’s plans and
specification?
A: Attorney, clarify ko lang – meyroon nang existing area or Site sa Calaca Plant
na ipinaaprove ng HIGH STREET sa INGASCO. Nagconduct ang mga tao ko ng
ocular inspection to determine whether yung site ay suitable para sa equipment na
prinovision namin para sa HIGH STREET. After the inspection, inapprove naming
yung Site at binigay ito sa amin ng HIGH STREET for our facilities.
157. Q: Please describe the Site allotted by HIGH STREET for the of
INGASCO at the time the INGASCO OXYGEN AGREEEMENT was
executed?
A: The Site consisted of 148.5 square meters, or 5.5 meters by 27 meters. The right side
of the Site facing the road had a concrete foundation that was surrounded by gravel bedding,
which allowed water to flow towards a drain located on the back right-side corner. To the
right of this area, is another area wherein the foundation was all concrete. To the right of
this all-concrete area was a bigger area where the center was concrete. In the back area,
there was a gravel bedding channeling water to the drain located on the back left-side corner.
There was also a gravel bedding in the front area where water was channeled out towards
the street.
VII. Pre-Termination of the INGASCO OXYGEN AGREEMENT
158.153. Q: Why did INGASCO institute this case against HIGH

STREET and ALPI?
A: HIGH STREET pre-terminated the INGASCO OXYGEN

AGREEMENT so that ALPI could supply it with Oxygen for the
Calaca Plant.
159.154. Q: How did HIGH STREET pre-terminate the INGASCO

OXYGEN SUPPLY AGREEMENT?
A: HIGH STREET first sent a letter to INGASCO dated June 173,

2013 claiming that the Calaca Plant started commercial
operations in January 2009. Then, HIGH STREET stopped
purchasing Oxygen from INGASCO on January 25, 2014.
160.155. Q: If the letter that HIGH STREET sent INGASCO on 173

June 2013 is shown to you, would you be able to recognize it?
A: Yes.
161.156. Q: I am showing you a letter dated 17 June 2013, which was

previously marked in evidence as Exhibit “P-Preliminary
Injunction”.3 What is the relationship of this document with
the letter you said HIGH STREET sent INGASCO on June 17,
2013?
A: This is the letter.
162.157. Q: How do you know that HIGH STREET pre-terminated

the INGASCO OXYGEN agreement so that ALPI could supply
Oxygen for the Calaca Plant?
A: I kneow for a fact that in February 2013, ALPI was looking for a
customer which could purchase the excess Liquid Oxygen
produced by its Batino Plant and HIGH STREET and ALPI also
executed an agreement for the supply of Oxygen to the Calaca
Plant on August 14, 2013.

163.158. Q: How do you know that ALPI was looking for a customer
which could purchase the excess Liquid Oxygen produced by
its Batino Plant?
A: Sometime in February 2013, ALPI’s Regional Head, John Lok,

approached me to sell to Caloocan Gas Corporation the expected
excess Oxygen of their Batino Plant at a very low price. Also,
for INGASCO to remain competitive, I keep track of the activities
of our 2 other competitors, ALPI and Linde Philippines, Inc.,
such as the building of new plants. So, I know the movement of
supply in the market.

STREET and ALPI entered into an agreement for the supply of
Oxygen to the Calaca Plant on August 14, 2013?
A: A certified true copy of the Supply Agreement for Gaseous

Oxygen Through On-Site EOX with Back-Up Liqiud Oxygen
Bulk System.
165.160. Q: If a copy of this document is shown to you, would you be

able to recognize it?
A: Yes.
166.161. Q: I am showing you a document denominated as Supply

Agreement for Gaseous Oxygen Through On-Site EOX with
Back-Up Liquid Oxygen Bulk System, which is marked as
Exhibit “F-Preliminary Injunction and series”.4 What is the
relationship of this document with the Supply Agreement for
Gaseous Oxygen Through On-Site EOX with Back-Up Liquid
Oxygen Bulk System that you said HIGH STREET and ALPI
executed on August 14, 2013?
A: This is the same document.
167.162. Q: What became of the INGASCO OXYGEN Facility of

INGASCO after HIGH STREET stopped purchasing Oxygen
from INGASCO?
A: Sometime in September 2014, HIGH STREET removed 4 of the

Ambient Air Vaporizers of INGASCO from the Oxygen Facility,
the area where these vaporizers were located was taken over by
ALPI and the 2 drains at the back area of the Site were blocked.

STREET removed 4 of the Ambient Air Vaporizers of
INGASCO from the Oxygen Facility?
A: Other than the fact that HIGH STREET notified INGASCO of the
dismantling, the Minutes of Dismantling that HIGH STREET
prepared.
169.164. Q: If these Minutes of Dismantling are shown to you, would

you be able to recognize it?
A: Yes.
170.165. Q: I am showing you a document denominated as

Dismantling of Vaporizers Minutes of Activities dated 12
September 2014, which was previously marked in evidence as
Exhibit “1-Ingasco”. What is the relationship of this document
with the Minutes of Dismantling you said is proof that HIGH
STREET removed 4 of the Ambient Air Vaporizers of
INGASCO from the Oxygen Facility?
A: This is the same document.
171.166. Q: How do you know that the area previously occupied by

the 4 of the Ambient Air Vaporizers of INGASCO was taken
over by ALPI?
A: When INGASCO was about to re-install its 4 Ambient Air

Vaporizers, the area where these vaporizers were previously
located was occupied by a concrete pad 750mm higher than the
ground level of the Site and on top of this pad the buffer tank,
filter and pressure control valve of the facility of ALPI was
installed.
A: I visited our current facilities and saw this for myself. I also
received reports from yung mga tao ko, Attorney.
VII. Ice Build-Up
173.168. Q: I am showing you a copy of a document denominated as

Urgent Motion to Lift the Order of Injunction (“Urgent
Motion”) dated __ 9 October 2018, which HIGH STREET filed
in this case and which I am showing you is marked in evidence
as Exhibit “___”. Are you familiar with this document?
A: Yes.
174.169. Q: Why are you familiar with this document?
A: It was brought to my attention by INGASCO lawyers and I was

asked to comment on it.
175.170. Q: How did you react to the request for you to comment on
the Urgent Motion?
A: I first directed our technical personnel to report on the various

complaints raised by HIGH STREET about ice build-up,
flooding, fogging and about the supposed inability of our
facilities to meet the Oxygen requirements of the Calaca Plant. I
made inquiries about the facts related to these issues, assessed
the situation and provided our technical team guidance on how
to resolve the supposed issues raised by HIGH STREET. I also
provided the INGASCO lawyers with my assessment of the
situation.
176.171. Q: How did your technical personnel react to your directive

to report on the complaint of HIGH STREET about the ice
build-up in the vaporizers?
A: Pinaalala ni Jamaal Hermosa (“JAMAAL”), the person in charge

of our Nitrogen and Oxygen Facilities at the Calaca Plant of
HIGH STREET, na rineport na ng team nila sa management namin
dati na nakita ng mga tao naming noong October 2017 na nagkaroon
ng abnormal thickening of ice na bumalot sa mga vaporizers at
rumesponde kami through thawing activities na ginawa noong
November and December 2017. Pinaalala din ni JAMAAL na they
carried out my instruction to request HIGH STREET to allow
technical personnel from INGASCO to be stationed at our
facilities at mag-switching ng vaporizers regularly. Pinakita din ni
JAMAAL yung mga e-mail exchanges ng team niya with HIGH
STREET on this matter sa akin.
177.172. Q: Earlier, you said that you assessed the situation about the
ice build-up on the vaporizers. What was your assessment
about the ice build-up on the vaporizers?
A: Yung tinatawag nilang “ice build-up” ay very abnormal and
suspicious. At saka indirectly and possibly directly ang nag
cause nito ay ang HIGH STREET, Attorney.
178.173. Q: Why do you say that, based on your assessment, the ice
build-up is suspicious?
A: Very suspicious kami sa pangyayari na sumobrang kapal noong ice

sa vaporizers namin, Attorney. Hindi normal ito. It is very
abnormal considering that this has never happened in any of our
off-site facilities even the ones running 24 hours a day for 7 days
a week with high gas demand. It has also never happened
during our operation with HIGH STREET. Yung nakakapagtaka
nga, Attorney, nagmaintenance check lang kami ng facilities namin
sa Calaca Plant noong end of September 2017 tapos halos wala pang
isang buwan, makapal at matigas na ang ice na nakabalot sa
vaporizers namin.
179.174. Q: Why do you say that, based on your assessment, the ice
build-up is abnormal?
A: Normal, Attorney, is only a thin sheen of ice or frost should form

around the fins of the vaporizers even when they run for long
periods of time. It is abnormal kung kumapal na at nag-solidify
yung ice na nakabalot sa vaporizers at blockage na rin sa air
passage ng inside of the vaporizer as well as the three (3) sides
of the several rows of the vaporizers. Lalo pang nakakapagtaka
dahil mababa pa ang consumption during those periods.
180.175. Q: What was the consumption during those periods that you
are referring to?
A: Based on records noong September 2017, ang consumption for

the month ay 932,606.40 Nm3 for Liquid Oxygen or around 1,295
Nm3/hr. Noong October 2017, ang consumption ay 928,881.35
Nm3 or around 1,248 Nm3/hr. [DOUBLE CHECK AGAINST
INVOICES]
NOTE: HAVE MR. CHU OR MIKE IDENTIFY THE

INVOICES SHOWING THE CONSUMPTION – ALREADY
REQUESTED WITH MIKE ON 19 NOVEMBER 2019. FOR
FOLLOW-UP.
181.176. Q: What is the relevance of the consumption to your

analysis that the ice build-up is abnormal?
A: The capacity of our vaporizers to vaporize Liquid Oxygen is so
much higher than the actual Oxygen consumption of the Melt
Shop of HIGH STREET. So, there should not even be any
problem arising out of the inability of our vaporizers to meet the
demand for gaseous Oxygen of HIGH STREET’s Melt Shop.
182.177. Q: Why would frost or a thin sheen of ice form on the fins
of the vaporizer?
A: The temperature of Liquid Oxygen is -183oC at ambient pressure.

So, when this cyrogenic substance passes through the pipes of
the vaporizers, the fins of the vaporizers also become cold. When
warm ambient air comes into contact with the cold fins, frost or
a very feathery and light type of snow na tinatawag na snow
flurry na parang yung fine shaved ice ng Razon’s halo-halo forms
on the surface of the fins. This is unavoidable and it is expected
to occur while the vaporizers are functioning.
183.178. Q: What proof, if any, do you have to show that, even if the
vaporizers installed at the Oxygen Facility run continuously,
only frost or a thin sheen of ice would form on the fins of the
vaporizers during the course of operations of the Calaca Plant?
A: HIGH STREET never complained of any ice build-up na parang

yung na- discover ng technical staff naming noong October 2017.
Tapos, sa CCTV footage noong nag-ocular inspection ang mga tao
namin noong December 9 to 11, 2018 makikita mo dito na kahit
minaximize ng HIGH STREET yung pag-withdraw ng Oxygen sa
facility namin at lahat ng vaporizers ay tumatakbo ng tuloy tuloy, in
fact maririnig mo na umuugong yung facilities naming sa dami ng
withdrawal ng Oxygen, hindi nagkaroon ng ice build-up na bumalot
na doon sa vaporizers at nag-solidify yung ice.
184.179. Q: If you know, what was the Oxygen consumption of

HIGH STREET in December 2018?
A: 1,621,402.20 Nm3 for the month of December 2018 or an average

of 2179 Nm3/hr.
NOTE: HAVE MR. CHU OR MIKE IDENTIFY THE INVOICES

SHOWING THE CONSUMPTION – REQUESTED FROM MIKE
ON 19 NOVEMBER 2019
185.180. Q: If you know, what was the Oxygen consumption of

HIGH STREET in January 2019?
A: 1,259,407.60 Nm3 for the month of January 2019 or 1,692
Nm3/hr.
NOTE: HAVE MR. CHU OR MIKE IDENTIFY THE INVOICES

SHOWING THE CONSUMPTION– REQUESTED FROM MIKE
ON 19 NOVEMBER 2019
186.181. Q: Why do you know about this CCTV footage?
A: After INGASCO was allowed to install the CCTV camera at the

premises of the Calaca Plant, I watched the videos, took note of
what was happening and transferred the videos on to a USB
drive.
187.182. Q: Where is this USB drive?
A: I am handing it to you.
Mr. Chu is handing over as USB drive, which is marked in

evidence as Exhibit “_____”.
188.183. Q: Why do you say that the ice build-up may indirectly or
possibly directly be caused by HIGH STREET’s actions?
A: We assigned technical personnel to be on duty at our facilities to

be able to immediately address any concerns of HIGH STREET
in our operations but HIGH STREET later prevented our
technical personnel from accessing our facilities on a 24 hours a
day 7 days a week basis. Hindi mangyayari ito kung may tao kaming
naka-assign doon. Or, kahit na wala kaming tao doon kasi mahina
naman ang consumption ng Oxygen noong September at October
2017 at wala namang problema sa facilities naming kasi kaka-
maintenance check lang, walang scientific explanation kung paano
magkaroon ng abnormal ice formation or build-up sa vaporizers kundi
may nangyaring intervention doon sa may access sa facilities. Eh ang
may access lang dun, Attorney, ay ang HIGH STREET.
189.184. Q: How would having a technical personnel at your

facilities at the Calaca Plant of HIGH STREET have prevented
the ice build-up that your technical team discovered in October
2017?
190.185. A: Attorney, hindi lang naman sa isang araw o isang linggo
biglang kumapal at nag solidify na yung ice na nakabalot sa vaporizer.
Bago umabot sa punto na ito, mag bu-build-up muna yung ice kaya
nga siya tinatawag na ice build-up. So kung may tao kami doon, na
nakakita na medyo kumakapal yung ice, meron na siyang magagawa
para hindi kumapal o mag solidIfy yung ice tulad ng pag-implement ng
switching. Hindi na hahantong sa pag-thaw ng vaporizers.
191.186. Q: What do you mean by “switching”?
A: Alternating usage of the vaporizers. So, may time na yung

vaporizer ay online and may time na at rest.
192.187. Q: By the way, when were INGASCO technical personnel

banned from accessing the facilities on a 24 hours a day 7 days
a week basis?
A: Starting from November 18, 2016.
193.188. Q: Prior to this time, did INGASCO regularly send

maintenance people for inspection and maintenance?
A: Yes.
194.189. Q: When did INGASCO send its people for inspection and
maintenance of the Oxygen Facility?
A: From the time INGASCO resumed operations of its Oxygen

Facility on April 22, 2016 until November 17, 2016, INGASCO
assigned technical personnel to man the facility on a 24-hour
basis in addition to the regular maintenance and inspection
activities.
195.190. Q: If you know, why did HIGH STREET ban INGASCO’s

technical personnel from the Oxygen Facility?
A: HIGH STREET was doing everything possible to make it

difficult for INGASCO to properly operate its facilities.

STREET was making it difficult for INGASCO to properly
operate its facilities?
A: Noong sumulat ako sa HIGH STREET to request that we set up a

10x10 container to shelter our technical personnel from rain and
heat, HIGH STREET denied our request and even stated that
they were just tolerating our presence.
197.192. Q: If the letter youto wrote to HIGH STREET is shown to

you, would you be able to recognize it?
A: Yes.
198.193. Q: I am showing you a letter dated __________, which was

marked in evidence as Exhibit “19-Ingasco”. What is the
relationship of this document with the letter you said you
wrote to HIGH STREET requesting to set up a 10x10 container?
199.194. Q: If the letter of HIGH STREET sent to you in response to

your letter is shown to you, would you be able to recognize it?
A: Yes.
200.195. Q: I am showing you a letter dated ________, which is

marked in evidence as Exhibit “20-Ingasco”. What is the
relationship of this letter with the letter you said HIGH
STREET wrote you denying your request to erect the 10x10
container?
201.196. Q: Did HIGH STREET report another incident of ice build-

up after October 2017?
A: No.
VIII. Flooding
202.197. Q: How did the INGASCO technical personnel react to your

request for a report on flooding?
A: The INGASCO technical personnel verbally reported on the

matter complaint about flooding and tapos pinakita nila sakin yung
mga presented to me pictures, diagrams and e-mail
correspondences regarding the matter.
203.198. Q: What did the INGASCO technical personnel report to

you?
A: Una, Attorney, rineport ni JAMAAL sa aking na wala namang
reklamo galing sa HIGH STREET tungkol sa flooding. Inexplain din
sa akin na ang reklamo ng HIGH STREET ay yung pagdaloy ng tubig
sa kalsada sa harap ng facilities namin. Pinaalala rin ni JAMAAL sa
akin na mayroong proposal si Mar Tolentino at siya tungkol sa water
containment work sa facilities namin na pinapaclear nila sa akin.
204.199. Q: How did you react to this report?
A: I questionedTinanong ko si JAMAAL and our other technical

personnel about the cause of water flowing to the road and
verified certain conditions of the site of the INGASCO Oxygen
Facility (the “Site”) to assess why water would flow from the
INGASCO Oxygen Facility Site to the road in front of it.
205.200. Q: How did you verify the conditions of the Site?
A: I asked them, saan nangagaling yung tubig, saan nakalocate

yung mga water drains and kumusta yung conditions nung
water drains, yung cause of water flowing to the road, kung
yung Oxygen and Nitrogen Facilities ay may tubig na marami
na pro-produce during yung operation namin were such that
there was an excess of water created during the operations and
tinanong ko yung details nung water containment proposal nila.
206.201. Q: What, if any, did you discover about the water drains at
the Site?
A: I found out that the 2 water drains existing when INGASCO set
up its Nitrogen and Oxygen Facilities no longer exists because
ALPI built over them. So, kung magkaroon ng tubig sa facilities
namin wala nang lusotan dadaluyan ito yung tubig kundi kung hindi
yung sa access gate sa harap ng facilities namin. Kumbaga, mago-
overflow yung tubig to the lowest part kasi siyempre walang
dadaluyan.
207.202. Q: How do you know about the existence of these water

drains?
A: Standard sa facilities namin to have water supply as well as a

water drain. When our technical personnel checked the previous
foundation made by HIGH STREET’s previous supplier, they
found that a 2 water drains was availablein the Site. I know about
this kasi bago kami nag-install ng equipment, rineview ko yung
existing foundation conditions nung Site na prinopose ng HIGH
STREET for our facilities at inapprove ko yung location ng equipment
doon sa Site.
208.203. Q: Earlier, you mentioned that you verified the cause of the
water flowing out of the INGASCO Facilities on to the road in
front of it. What, if any, were the results of this verification?
A: Since the 2 water drains in the INGASCO Facilities were blocked,

the water will go to the lowest point in the Site which is the
access gate the only outlet of the water would be to the access
gate in front of the Facilities, which is on the side of the road.
Our technical personnel, Si JAMAAL , also discovered that the 2
PVC pipes which was were supposed to bring water from the
road to the main storm drain in front of our facilities were
blocked by dirt and leaves and that after lininis ni JAMAAL yung
drain, hindi na nagpopool yung tubig sa road sa harap ng Facilities.
after he had it cleaned on November 2018, water was no longer
trapped on the road.
209.204. Q: Earlier, you mentioned that you verified whether there

was excess water created during the operations of the Oxygen
and Nitrogen Facilities. What were the results, if any, of your
verification?
A: During normal operations, there will be no occasion for water to

accumulate in our facilities. Even if the vaporizers are made to
rest between operations, the frost or ice that would cover the
vaporizers, and melt during the rest periods, would produce
minimal volume of water will not be converted into huge
volume of water. Parang tulo-tulo lang iyan. Very little water is
also used when we water the hose and fittings to disconnect the
hose after delivery of Liquid Oxygen. Isa o dalawang tabo lang
siguro, Attorney, pinapatuluan lang yung connector para matanggal
yung icing for easy disconnection.
210.205. Q: By the way, other than the thawing of vaporizers

conducted in November and December 2017, was there any
other occasion when INGASCO had to thaw its vaporizers?
A: No.
211.206. Q: How did you react to the proposal of your technical

personnel for water containment at your facilities at the Calaca
Plant?
A: When we I realized that the reason why water flows out onto the
road in front of the INGASCO Nitrogen and Oxygen Facilities is
the blockage of the water drains of our facilities and the 2
blocked 1.5 inch diameter by 2 feet long PVC pipe drains on the
road that lead to the storm drain, I decided not to pursue
approve our technical group’s proposal for water containment
as this would only cause the foundation of our facilities to
weaken erode and become unstable.
212.207. Q: What would be the correct solution to address the

problem of any water accumulating within the INGASCO
Nitrogen and Oxygen Facilities?
A: Although the water coming from the facility has significantly

reduced due to the fact that thawing activities are no longer
undertaken, still The best thing is for HIGH STREET is provide
a should drainage approve our water drainage proposal crossing
the road and going to the main storm drain. And we are even
willing to shoulder the cost to keep the facility and the roads dry.
213.208. Q: In the meantime, is INGASCO exerting any efforts to

prevent the water from accumulating at the road in front of the
facilities?
A: Yes. We have included the regular cleaning of the PVC pipes on

the road that lead to the storm drain as part of our personnel’s
tasks assigned at our facilities. [TO VERIFY WITH JAMAAL]
214.209. Q: What is your basis for sating stating that HIGH STREET
should provide the outlets leading to the storm drains?
A: It is part of HIGH STREET’s responsibility under Clause 6.2 of

the INGASCO Oxygen Agreement to provide the facilities with
outlets leading to the storm drains.
IX. Fogging
215.210. Q: Are you aware of a complaint or complaints made by

HIGH STREET regarding fogging?
A: Yes.
216.211. Q: How did you learn about this complaint?
A: Yung first complaint, Attorney, nabasa ko sa Urgent Motion ng

HIGH STREET and yung pangalawang complaint nitong August
2019, irineport sa akin ni JAMAAL.
217.212. Q: How did you react upon reading HIGH STREET’s

Urgent Motion?
A: I asked JAMAAL to report on this, and after, I made an

assessment of the situation.
218.213. Q: How did JAMAAL react to your request that he report on

this matter?
A: Nireport ni JAMAAL na nagreklamo yung HIGH STREET about

severe fogging noong August 2018 dahil yung akala ng mga taga
HIGH STREET yung fog ay parang usok na nakakalason at baka may
sumabog. Yung term na ginamit nila ay bumubulusok. Pinaalala ni
JAMAAL sa akin na inapprove ko yung proposal namin sa HIGH
STREET to relocate some of our equipment to allow a balanced
flow of air between our vaporizers.
219.214. Q: How did you react upon hearing JAMAAL’s report?
220.215. A: I instructed JAMAAL to check the weather conditions at

the time the fogging occurred, whether HIGH STREET approved
the solutions proposed by INGASCO to address the issue of
fogging and whether fog lights were installed in and around the
facility.
221.216. Q: Why did you ask about the weather conditions?
A: Fogging or misting in and around the area of the vaporizers is

normal and expected. The mist or fog is always present when
the vaporizers are online. Depende sa panahon, pwedeng mag-linger
yung fog at kumapal. So, this is why I was asking about the wind
conditions and weather conditions.
222.217. Q: How did JAMAAL respond to your request for weather

conditions?
A: Kaagad niyang sinabi na maulan sa Batangas starting July to

September or October of 2018.
223.218. Q: How did you respond to what JAMAAL told you?

A: I eventually authorized him to secure a report from PAGASA on
the actual weather conditions in August 2018 para mapatunayan
yung sinasabi niya tungkol sa kalagayan ng panahon.
224.219. Q: How did JAMAAL react to your request to secure a

PAGASA report?
A: Pinakita niya sa akin yung nakuha niyang report galing PAGASA,

Attorney.
225.220. Q: Why would mist or fog be always present when the

vaporizers are online?
A: Cryogenic or extremely cold Liquid Oxygen passes through the

tubes of the vaporizers and makes this equipment very cold. It
is like the inside of a freezer. So, we expect that when warm
ambient air passes over the vaporizers it condenses and forms
the fog or mist.
226.221. Q: How would the weather conditions make the fog linger
or thicken?
A: The fog or mist also naturally gets thicker with higher humidity
or if there is more water in the air. With more water in the air
that is condensed, there is more fog or mist. Also, regardless of
how thick the fog or mist is, if there is wind, it blows away the
mist or fog. So, if it is windy, the mist or fog will quickly
disappear. If there is no wind, the fog or mist will linger and
thicken.
227.222. Q: By the way, is the fog or mist that occurs when the
Vaporizers are online toxic?
A: No.
A: The fog or mist is the condensed ambient air, which we breathe.

So, it is not toxic.
229.224. Q: Is the fog or mist that occurs when the Vaporizers are
online flammable?
A: No.
A: Ambient air, which we breathe is not flammable. Since fog or

mist is condensed ambient air, then, it is not also flammable.
231.226. Q: Is the fog or mist that occurs when the Vaporizers are
online combustible?
A: No.
A: Ambient air, which we breathe is not also combustible. So, the

fog or mist that is condensed ambient air is not combustible.
233.228. Q: Prior to the complaint made about fogging in August

2018, was there any complaint made by HIGH STREET about
fogging?
A: None that I know of.
234.229. Q: How are you sure that no such complaint was made by
HIGH STREET?
A: When this case was filed, I questioned the persons who had been
dealing with HIGH STREET about the facilities and monitored
the concerns of HIGH STREET. Based on my inquiries, there was
no other complaint was made about fogging prior to August
2018.
235.230. Q: If you know, how did HIGH STREET react to the

proposal you approved to rearrange equipment at your
facilities to allow a balanced flow of air between the
vaporizers?
A: HIGH STREET did not approve it.
236.231. Q: How do you know that HIGH STREET did not approve
the proposal to re-arrange equipment in the INGASCO Facility
at the Calaca Plant?
A: Attorney, pareho pa rin yung location ng equipment namin

noong binisita ko yung facilities namin noong February 2019 at
walang dumaan sa akin for confirmation ng re-arrangement of
the facilities. Ikinonfirm din ni JAMAAL na walang approval for re-
arrangement noong vaporizers namin.
237.232. Q: By the way, why were you asking if there were lights in
and about the area of your facilities at the Calaca Plant?
A: Having lights in and about the premises will allow people to see
through the fog. Parang sa Tagaytay or Baguio, Attorney, kung may
fog sa daan ilalagay mo sa bright yung headlights mo. So, gusto kong
malaman kung naglagay ang HIGH STREET nito.
238.233. Q: How did JAMAAL react to your query about the lights in
the premises?
A: He informed me that, at night, it was dark all over the premises

of the Calaca Plant of HIGH STREET as there are not adequate
street lights.
239.234. Q: How did you react to what JAMAAL told you?
A: I validated the information JAMAAL gave me when I conducted

an ocular inspection of our facilities and the Calaca Plant of
HIGH STREET noong February 2019 and nakita ko rin sa CCTV
footage namin na wala talagang sufficient lighting doon sa area ng
facilities namin.
240.235. Q: Earlier, you mentioned another complaint for fogging

made by HIGH STREET in August 2019 that JAMAAL
reported to you. How did you react upon learning about this
recent fogging complaint?
A: I directed JAMAAL to have me clear all e-mail exchanges

between him and HIGH STREET representatives on this matter.
Eventually, Sinabi ko rin kay I also instructed JAMAAL na
iprepare yung proposals to prepare proposals for my review to
para ma- address the yung fogging issue and after ipadala yung
proposals sa send it to HIGH STREET.
241.236. Q: How did JAMAAL respond to your directive?
A: He had me approve his response to the emails of HIGH STREET

representatives on this matter and eventually had me approve
our INGASCO proposals to HIGH STREET.
242.237. Q: What, if any, became of these proposals to HIGH

STREET that JAMAAL had you approve?
A: I directed JAMAAL to send the proposals to HIGH STREET.
243.238. Q: How did JAMAAL respond to your request?
A: He sent our INGASCO’s proposals to HIGH STREET by e-mail.
244.239. Q: If you know, how did HIGH STREET respond to your

INGASCO’s proposals?
A: It has not responded to the proposals.
A: I periodically check with JAMAAL whether HIGH STREET has

responded to our proposals and I also know that none of the
proposals [PLT TO DOUBLECHECK WHETHER CURRENT
ACTIVITIES OF JAMAAL ARE COVERED BY OUR PRIOR
PROPOSALS] have been implemented because I will need to
approve the deployment of our personnel and any work activity
for this matter. Until now, no one has come to me to secure such
approvals.
246.241. Q: Would you like to add any statements?
A: None for the moment.
[FINISHED THIS PORTION AS OF 19 NOVEMBER 2019]
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day

of _______2019 in Taguig Makati City, Philippines.
RAYMOND M. CHU
Affiant
SUBSCRIBED AND SWORN to before me this ___th day of ______ in

Taguig City, Philippines, affiant exhibiting to me the following:
COMPETENT EVIDENCE OF COMMUNITY TAX

NAME
IDENTITY CERTIFICATE
ID Number Date/
Type of
and/or Date of Number Place
ID
Expiry Issued
1
RAYMOND
M. CHU 2
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2019.
EXAMINING COUNSEL’S ATTESTATION
I,__________________, of legal age, Filipino, with office address at

_________________________________, hereby depose and state:
1. I personally conducted the above-examination of MR.

RAYMOND M. CHU (“Mr. Chu”) on _______ at
_____________________________;
2. During Mr. Chu’s examination, I faithfully recorded and/or

caused to be recorded the questions asked and Mr. Chu’s corresponding
answers thereto; and
3. Neither I nor any person present or assisting me at the time of

Chu’s examination coached Mr. Chu regarding his answers to the questions
propounded.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day

of ______________, in Taguig City.
____________________________________
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of
_______________ at Taguig City, Metro Manila, Philippines, with affiant
exhibiting to me the following:
COMPETENT EVIDENCE OF COMMUNITY TAX

IDENTITY CERTIFICATE
NAME ID Number
Type of Date/
and/or Date of Number
ID Place Issued
Expiry
1
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019.

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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

-versus – Civil Case No. 74498

HIGH STREET MANUFACTURING

I, RAYMOND M. CHU, of legal age, Filipino, married, with address

The testimony of Mr. Raymond M. Chu is being offered to prove, in

1. The Plant Sale Agreement executed by HIGH STREET and ALPI

2. The Plant supposedly being sold by ALPI to HIGH STREET

4. HIGH STREET executed an Oxygen supply agreement with

5. INGASCO’s Ambient Air Vaporizers are capable of supplying

6. INGASCO’s Oxygen Facility at the Calaca Plant is safe and does

7. The cause of the ice build-up on the INGASCO Ambient Air

8. No flooding is caused by the operations of the INGASCO

9. The cause of water flowing out of the INGASCO Oxygen Facility

10. The cause of any severe fogging at the INGASCO Oxygen

12. Mr. Chu is an expert in the manufacturing of Oxygen, Nitrogen

I. Personal Circumstances and Qualifications

1. Q: Please state your name and other personal circumstances.

A: Raymond Chu. Filipino. 56 years old. Married. Residing at No. 5

2. Q: Is the Ingasco, Incorporated the same Ingasco, Incorporated,

3. Q: What is the business of INGASCO?

A: INGASCO produces, markets and distributes industrial gases

4. Q: Is INGASCO affiliated with any other company?

5. Q: With what companies is INGASCO affiliated?

A: Taiyo Nippon Sanso Corporation of Japan, Taiyo Nippon Sanso

6. Q: When did you become the President of INGASCO?

A: June 16, 2014.

A: I manage the day-to-day operations of INGASCO. . I have

8. 7Q: Prior to your becoming the President, what other position or

A: I was concurrently the Executive Vice-President and Chief

9. Q: When were you the Executive Vice-President and Chief

A: I was the Executive Vice-President and Chief Operating Officer

September 1, 2002 – EVP

10. Q: What were your duties and responsibilities as Executive Vice-

A: I manage the day-to-day activities and all aspects of the

A: When I held the position of Executive Vice-President only, not

13. Q: Please describe your work experience in the industrial gases

A: Nagu-umpisa ako na industrial gases truck helper. Tapos, naging

14. Q: When did you become an industrial gases truck helper?

A: Noong 15 years old ako, Attorney.

15. Q: When did you become an industrial gases truck driver-helper?

A: Some time after natuto na akong mag-drive, Attorney. Siguro mga

16. Q: What were your duties and responsibilities as an industrial

17. Q: What were your duties and responsibilities as an industrial

A: Nagaalok at nagbenta ako ng industrial gaseses sa customers. I

18. Q: What industrial gases did you sell?

A: Noong time na iyon, Attorney, Oxygen, Nitrogen at , Argon,

A: Attorney, sabay yung pagiging ahente ng gas at pagiging truck

21.20. Q: When did you first become a Plant Manager?

A: From 1986 to 2000.

23.22. Q: What were your duties and responsibilities as Plant Manager?

A: I was in charge of overseeing the plant operations of several

24.23. Q: Is the position of Plant Manager one of a technical nature?

25.24. Q: How did you acquire the qualifications to become a Plant

A: Noong binibuild namin yung business namin, kailangan kong

26.25. Q: Would anyone with a degree in Engineering, Chemistry,

A: To be qualified as a Kahit may science or engineering degree,

28.27. Q: Why is on-the-job training at the various plants a requirement

A: Yung industrial gases plant management, hindi ito mai-tuturo sa

29.28. Q: What were your duties and responsibilities as an Operations

A: Same as a Plant Manager but overseeing all of the plants of the

30.29. Q: Throughout your career in the Industrial Gases Industry,

A: I manage several Air Separation Plants, Nitrogen Generators,