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0109221 - Los Angeles Weekend Edition

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JANUARY 9-12, 2021 Volume 31 - No. 2 • 2 Sections – 18 Pages

Trump will not attend Biden inauguration DATELINE USA Newsom proposes $600 after Congress confirms election results COVID-19 relief, extends FROM THE AJPRESS NEWS TEAM ACROSS AMERICA

eviction moratorium

by KLARIZE

MEDENILLA AJPress

FOLLOWING the chaotic unfolding of the U.S. CapiCALIFORNIA Gov. Gavin Newsom on Friday, tol riots and the eventual confirmation of PresidentJan. 8 submitted the 2021-2022 state Budget elect Joe Biden’s election victory in Congress, Presiproposal to the Legislature which includes a dent Donald Trump announced on Friday, Jan. 8 that $600 stimulus check for low-income residents financially struggling amid the coronavirus pandemic. The $227.2 billion fiscal plan prioritizes “immediate COVID-19” aid to families, individuals and small businesses that have borne the brunt of the economic fallout of the COVID-19 pandemic that has left millions unemployed and on the verge of eviction. “In these darkest moments of the COVID-19 pandemic, this Budget will help Californians with urgent action to address our immediate challenges and build towards our recovery,” Newsom said in a statement released on Friday. According to the proposal, the plan would set aside $2.4 billion for the Golden State Stimulus, which would direct $600 payments to lowincome workers who had been eligible for the Earned Income Tax Credit in 2019 and those who filed the 2020 Individual Taxpayer Identification Number. About $575 million would be set aside to increase funding for grants to small businesses and small non-profit cultural institutions that u PAGE A4

LA County hits new single-day record of COVID-19 deaths

AS the first week of the New Year comes to a close, Los Angeles County hit the largest oneday total of COVID-19 deaths on Friday, January 8 with 318 new fatalities. The new record surpasses the previous alltime high and represents another grim milestone for the county. This week alone, over 200 deaths were reported each day. The county’s Department of Public Health reported that of the 318 new deaths, 114 people that passed away were over the age of 80, 107 people who died were between the ages of 65 and 79, 61 people who died were between the ages of 50 and 64, 24 people who died were between the ages of 30 and 49, and two people who died were between the ages of 18 and 29. Seven deaths were reported by the City of Long Beach and two deaths were reported by the City of Pasadena. The department also confirmed 18,313 new u PAGE A4

he will not attend Biden’s inauguration ceremony. “To all of those who have asked, I will not be going to the Inauguration on January 20th,” the president simply tweeted on Friday. Coming out of a 12-hour Twitter lockout, the president posted a video on Thursday afternoon, Jan. 7, condemning Wednesday’s events — after a previous

Pinoy ‘walis tambo’ in a sea of red: Fil-Am Trump supporters among those who stormed US Capitol Other loyalists condemn violent mob by CHRISTINA

DEVOTION. Amid threats of the pandemic, and health protocols imposed, thousands attended the first day of Novena Mass for the Fiesta Señor at the Basilica Minore del Sto. Niño de Cebu on Friday, January 8. Around 3,000 individuals gathered inside and outside the centuries-old church to pay honor to Snr. Sto. Niño, with face masks and face shields on. Inquirer.net photo by Morexette Erram

Moody’s Analytics: PH last to recover in Asia by RITCHEL

MENDIOLA AJPress

THE Philippines is expected to lag behind its Asian neighbors in recovering from the pandemic-induced recession, according to international think tank Moody’s Analytics. In a recent report, Moody’s Analytics chief economist Steven Cochrane said that the Philippines, along with India, will struggle to regain all of its lost output by the end of 2022, while other economies in the Asia Pacific (APAC) region will reach the benchmark by the end of this year. “India and the Philippines will struggle due to their deep recessions and the uncertain fiscal support of their policymakers,” said Cochrane.

Moody’s Analytics expects the country to regain its momentum by the fourth quarter of 2022, while India is forecasted to recover by the first quarter of next year. China, Taiwan, and Vietnam have already recovered in the second and third quarters of 2020. Hong Kong is predicted to recover by the first quarter of this year, while South Korea, Indonesia, and Australia will rebound by the second quarter of this year, followed by Thailand by the third quarter of this year. Moody’s Analytics projected the Philippine economy to rebound with a gross domestic product (GDP) growth of 4.5 percent in 2021 and 6.2 percent in 2022 after a 9.9 percent contraction in 2020. This is in contrast with the Philippine government’s expectation of u PAGE A4

NBI to conduct a separate probe into death of Filipina flight attendant by RITCHEL

MENDIOLA AJPress

Christine Dacera

THE Philippine National Bureau of Investigation will conduct a parallel probe into the death of Filipina flight attendant Christine Dacera. Philippine Justice Secretary Menardo Guevarra on Friday, January 8, released Department Order 006, directing the NBI to conduct an investigation into Dacera’s death and file complaints against individuals found to be responsible for any unlawful act. “The NBI, through Officer-In-Charge Eric B. Distor, is hereby directed and granted authority to conduct an investigation on the death of Christine Angelica F. Dacera, who Photo from Instagram/@xtinedacera died on 01 January 2021 in Makati City and

video telling supporters “we love you” and “you’re very special” — and for the first time, edging the closest to a concession. “A new administration will be inaugurated on Jan. 20,” Trump said in the video, though he did not name Biden or offer any congratulations. “My focus now u PAGE A2

if evidence warrants, to file the appropriate charges against all persons involved and found responsible for any unlawful act in connection therewith,” the document read. Guevarra also tasked the NBI to submit reports on the investigation. “Officer-in-charge Eric B. Distor is hereby directed to submit reports on the progress of the subject investigation directly to the Office of the Secretary within 10 days and periodically thereafter,” he said in the document. According to Guevarra, the parallel probe was prompted by the initial investigation of the Makati police not being thorough enough. “From the Department of Justice’s viewu PAGE A4

M. ORIEL AND RITCHEL MENDIOLA AJPress

IN a last-ditch effort to rally against and overturn the results of the 2020 presidential election, hundreds of rioters on Wednesday, January 6 stormed the U.S. Capitol grounds — and among the mob were several Filipino American Trump supporters. Amid the sea of American flags, MAGA hats, camouflage outfits, and brandished guns, one individual — clad in an all-black outfit and accessories like a U.S. flag as a cape, helmet, goggles, and an upside-down flag mask — was captured by Agence France-Presse staff photographer Saul Loeb. Though still unidentified, the supporter’s wielding of a walis tambo (a broom common in Filipino households) underneath a homemade Captain America-esque shield, bearing messages like “Coup Flu Fighter,” caught the attention of social media users who speculated that the person could be of Filipino descent. Dubbed by some users as “Walis Man,” the prou PAGE A3

After US, PH bans 7 more countries due to new COVID-19 variant China not included in travel restrictions by RITCHEL

MENDIOLA AJPress

FOLLOWING a recent ban on foreign travelers from the United States, the Philippines has expanded the restrictions to seven more countries to prevent the transmission of a new, more infectious COVID-19 variant. Philippine President Rodrigo Duterte on Wednesday, January 6, approved the recommendation of the country’s Departments of health and foreign Affairs to include Portugal, India, Finland, Norway, Jordan, and Brazil on the travel ban list. On Friday, Austria was added to the restrictions, starting Sunday. Foreign passengers who have been in any of the aforementioned countries within 14 days prior to their arrival in the Philippines cannot enter the country from January 8 to 15, 2021. However, foreign diplomats and officials from international organizations are exempt from the restriction. “Local/accredited foreign diplomats and international organizations such as the World Health Organization and the United Nations shall be exempted from quarantine

protocols provided they will undergo RT-PCR test upon arrival at the airport, execute an undertaking, and observe strict 14-day quarantine,” the country’s Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) said Wednesday. Foreign dignitaries who shall observe existing testing and quarantine protocols upon arrival, as well as those with medical and emergency cases, including their medical escorts, are also exempted. The seven new countries joined the list of countries under the Philippines’ travel ban, including the United Kingdom, the United States, Denmark, Ireland, Japan, Australia, Israel, the Netherlands, Hong Kong, Switzerland, France, Germany, Iceland, Italy, Lebanon, Singapore, Sweden, South Korea, South Africa, Canada, and Spain. Restricted travel from the United States began on January 3. Filipino nationals coming from the countries covered by the travel ban are permitted to enter the Philippines, provided that they undergo a 14-day quarantine regardless of a negative COVID-19 swab test result u PAGE A2


A january 9-12, 2021 • La WEEKEnD aSIan jOurnaL

http://www.asianjournal.com • (818) 502-0651 • (213) 250-9797

From the Front Page

Trump will not attend Biden...

PAGE A1 t turns to ensuring a smooth, orderly and seamless transition of power. This moment calls for healing and reconciliation.” (On Friday, Trump was permanently suspended from Twitter “due to the risk of further incitement of violence,” the social media platform said in a statement.) As previously reported in the Asian Journal, Congress in the

early hours of Thursday certified the Electoral College votes that confirmed Biden’s 306-232 election victory in November. The vote came after a violent Wednesday afternoon in which hordes of Trump supporters stormed the Capitol in an attempt to stop the vote. “We condemn the violence that took place here in the strongest possible terms,” Vice President

Pence — who presided over the certification — said in his own written remarks before resuming the count on Wednesday night. “To those who wreaked havoc in our Capitol today: you did not win. Violence never wins.” In response to Trump’s announcement on Friday, Biden said he was glad that Trump would not attend his inauguration on Jan. 20, calling him “an embarrassment.” Biden told reporters on Friday, “It’s a good thing, him not showing up. He has exceeded even my worst notions about him. He has been an embarrassment to the country, embarrassed us around the world. Not worthy, not worthy to hold that office.” NEW MILITARY ASSETS. National Defense Secretary Delfin Lorenzana (5th from right), managing director and CEO of First Pacific Company Pence and Trump’s relation- Limited, Manuel “Manny” Pangilinan (6th from right), and other military, and MVP group of companies officials pose for a group photo ship has noticeably faltered fol- during the turnover of a helicopter and boats at Camp General Emilio Aguinaldo, Quezon City on Thursday, January 7. Lorenzana said the lowing this week’s events, and support from the private sector is crucial in advancing the mandate of the security sector. PNA photo by Joey O. Razon Pence is expected to attend Biden’s inauguration. Biden said that he would “welcome” the A day after being locked out of Twitter, President Donald Trump on Thursday, January 7 posted a video condemning the Capitol violence and said there will be a “smooth orderly and seamless outgoing vice president’s presence at the ceremony. n PAGE A1 t transition of power” into the new administration. man pong confirmation, siyempre coming from the 21 countries, Meanwhile, travelers from coun- isasali rin sila sa listahan (Let’s he will not be allowed to enter. tries not included in the travel ban wait for a confirmation and when The only exemption if you’re an list will be “endorsed to the Local there’s a confirmation, we will in- OFW but there is a move that even Government Units (LGU) upon clude China on the list). As of now, OFWs will be included but it’s still yielding negative RT-PCR results wala pa pong (there’s no) confir- being studied,” Philippine Labor mation,” he said. Secretary Silvestre Bello III said in at the point of entry.” The DOH on Tuesday, Jan. 5, a virtual forum on Monday. “Despite negative results, LGUs So far, no OFW has caught the are strongly urged to ensure that said that the list of countries intravelers complete their 14-day cluded in the Philippines’ travel new strain, according to Bello. “Once we find an OFW contamquarantine period either at a facil- ban will be “regularly updated.” “The list of countries included inated by this new COVID-19 variity or at home,” the DOH said. China not included in PH trav- in the travel restrictions shall ant, this might be a factor that will be regularly updated to include move the IATF-EID to consider el ban list China will only be included in countries who will officially report including them in the restriction,” the Philippines’ travel ban after the detection of the variant,” the he added. The labor chief also revealed international agencies confirm agency said. The DOH added that it will make that the Overseas Workers Welthat the new COVID-19 variant is detected there, Malacañang said recommendations, along with the fare Administration (OWWA) is DFA, on which countries should concerned about the shortage of Thursday, January 7. quarantine facilities for OFWs. “Hindi pa po iyan nari-report be included in the travel ban. A new country may be banned “I just had a meeting with ng mga international agencies na kumpirmado. Ang alam lang po na- if its government reports the de- OWWA administrator Hans Cactin ay media reports (International tection of the variant in its official dac and he is apprehensive that agencies have not yet confirmed channels, or makes an official we’ve run out of quarantine bethese reports. What we know are notification to the International cause we are repatriating at least 1,000 to a maximum of 3,500 media reports),” said presidential Health Regulations. “Unofficial reports, including OFWs a day,” Bello said. spokesperson Harry Roque in a those reported by media outlets, A total of 327,511 OFWs have Palace briefing. Earlier reports have said that a do not qualify as official sources been repatriated since the PhilipChinese woman who returned to and therefore cannot be used as pine Department of Foreign AfShanghai after studying in Britain basis in recommending travel re- fairs started its COVID-19 repastrictions from a specific country,” triation flights in 2020. had the new COVID-19 variant. Of the figure, 231,537 were Roque assured that once it has the DOH said. The IATF, meanwhile, is study- land-based OFWs coming from been confirmed, the Philippines would expand the travel ban list to ing the possibility of including at least 90 countries while 95,974 overseas Filipino workers (OFWs) were seafarers from more than include China. 150 cruise ships, oil tankers, and “So antayin po natin iyong con- in the travel ban. “Right now, if the traveler is other bulk vessels. n firmation; at kung mayroon na-

After US, PH bans 7 more countries due...


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Dateline USa

LA WEEKEND ASIAN JOURNAL • JANUARy 9-12, 2021

A

Biden’s first order of business may be to undo Trump’s policies, but it won’t be easy by Julie

RovneR Kaiser Health News

The unidentified Fil-Am Trump supporter, nicknamed “Walis Man,” reportedly hails from Ilocos Sur, Philippines, according to Philstar.com editor Jonathan de Santos’ findings on Facebook. Screengrab from Twitter/@desamting

Pinoy ‘walis tambo’ in a sea of red: Fil-Am...

PAGE A1 t Trump Filipino — who as of this writing remains a person of interest for unlawful entry according to the FBI and Metropolitan Police Department — reportedly hails from Ilocos Sur, Philippine Star editor Jonathan de Santos posted on Twitter. “Walis Man was pretty easy to find on Facebook and is apparently from Ilocos Sur,” Santos wrote above posed images from the person’s Facebook page, which has since been deactivated. Philippine Foreign Affairs Secretary Teodoro Locsin Jr. also weighed in on the images from Wednesday’s insurrection. “Walis to clean up the government. Okay. It has a symbolic purpose but the skinned buffalo head and horns? That’s not insanity but smarts. They came looking like a circus because no one would think of shooting clowns. What would the kids say,” Locsin said in a tweet. Other comments speculated why Filipinos would heed the outgoing president’s call to protest. “I suddenly wanna hide... why would Filipinos protest too? as if you guys are important to him. I would rather spend my time to raise awareness than to waste my time protesting to one of the selfless men in the universe,” one Twitter user wrote. Another user named Ally Vega said, “Yes, your eyes are not deceiving you. There were Filipinos present at yesterday’s failed coup d’etat. We’re not playing when we say the impacts of colonization run DEEP.” Philippine Ambassador to the U.S. Jose Manuel “Babe” Romualdez on Thursday, January 7, confirmed that some of the FilAm Trump supporters traveled to Washington, D.C. from different states, where the U.S. Senate and House of Representatives were holding a joint session to certify President-elect Joe Biden’s election victory. “Ang balita namin merong mga iba na Trump supporters and nakita namin galing din sa ibang states dito sa Amerika pero hindi namin sigurado kung ilan sila (We have news that there were some Trump supporters and we saw that they came from different states here in America but we do not know how many there were),” Romualdez said in an interview over GMA’s Unang Balita. Despite the fervent loyalty to Trump, several Fil-Am Republicans denounced the violent events on Wednesday that left five individuals, including a Capitol Police officer, dead, and dozens more injured. Utah Attorney General Sean Reyes, who was the chair of the Trump re-election campaign’s Asian American and Pacific Islander advisory board, wrote on Twitter that “There is no place for violence in our political discourse, even over the most serious issues and disagreements.” “I condemn, in the strongest terms, the acts of violence at our nation’s Capitol Building today. I pray for the safety of law enforcement working to keep order, for legislators of all parties as well as other civilians who are protesting peacefully,” he said in another tweet. Ron Falconi, Brunswick, Ohio mayor and a member of the reelection’s AAPI advisory board, told the Asian Journal that the scene that came out of the nation’s capital was “a combination of horrifying, sadness and disgust.” “They don’t represent me or any Republicans and conservatives that I know,” Falconi said. “I thought their actions were reprehensible and think they should be prosecuted to the fullest extent of the law.” Rudy Asercion, an elected member of the San Francisco Republican County Central Committee, told the Asian Journal that “January 6 was a sad day for America” as he watched the news coverage.

“Such violence is unacceptable and un-American,” Asercion said, adding, “Those who broke the law must be punished. And we call on all peace-loving Fil-Am voters to promise: We will never let this happen again.” Later on Wednesday evening, Congress resumed the electoral vote count certifying Presidentelect Joe Biden’s victory with 306 votes versus Trump’s 232. The day before, Jon Ossoff and the Rev. Raphael Warnock came out victorious in the Georgia runoff election, solidifying the Democrats’ control of the Senate. With Trump leaving office in less than two weeks, Republican leaders and supporters alike will be left with handling the future of the party. “I believe the [Republican Party] will still be united against the positions of the Democratic Party and the Biden-Harris administration,” Falconi said. “The positions made by Biden will be a rallying point to stop these policies for our country.” The 2020 Asian American Voter Survey, released by APIA Vote, AAPI Data, and Asian Americans Advancing Justice | AAJC in September of last year, revealed that 34% of Fil-Ams support Trump — the second highest support among Asian Americans following 48% of Vietnamese voters, as previously reported by the Asian Journal. U.S. democracy remains ‘strong’ Despite the violence that occurred, Locsin Jr. believes that the U.S. democracy is still “strong to the bone.” “I hope the enemies of liberty among mock world powers don’t believe and won’t peddle the line that the U.S. is done for. U.S. democracy is strong to the bone,” he said in a tweet, adding that the country will “still emerge [the] world’s leading power.” “It would be a nightmare of authoritarianism which is mortally wounded by such upheavals. Saw this before. Democracy is elastic steel,” he added. Malacañang, for its part, backed the foreign chief’s sentiments. “The secretary of foreign affairs has spoken. Our secretary of foreign affairs is confident that the democracy in America won’t fall because of this brief melee that we saw,” said Presidential Spokesperson Harry Roque.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) REQUEST FOR PROPOSAL LACMTA will receive Proposals for PS70129 - Construction Support Services for the Orange Line BRT Improvements project at the 9th Floor Receptionist Desk, Vendor/Contract Management Department, One Gateway Plaza, Los Angeles, CA 90012. All Proposals must be submitted to LACMTA, and be filed at the reception desk, 9th floor, V/CM Department, on or before 2:00 p.m. Pacific Time on Thursday, March 18, 2021. Proposals received after the above date and time may be rejected and returned unopened. Each proposal must be sealed and marked Proposal No. PS70129. For a copy of the Proposal/ Bid specification visit our Solicitation Page on our Vendor Portal at https://business.metro.net or for further information email Helen Gates-Bryant at gatesbryanth@metro.net. 1/9/21 CNS-3430435# ASIAN JOURNAL (L.A.)

Roque also said that the Philippine Embassy and consular offices in the U.S. were ordered to monitor the situation to see if any Filipinos were injured. “What is important is to ensure that no Filipino would be caught in that mele,” he said. “Our embassies and consular offices in Washington, D.C. have been directed to monitor and report immediately if a Filipino is hurt or is caught in the melee,” the spokesman added. n

THE party split in Congress is so slim that, even with Democrats technically in the majority, passing major health care legislation will be extremely difficult. So speculation about President-elect Joe Biden’s health agenda has focused on the things he can accomplish using executive authority. Although there is a long list of things he could do, even longer is the list of things he is being urged to undo — actions taken by President Donald Trump. While Trump was not able to make good on his highest-profile health-related promises from his 2016 campaign — including repealing the Affordable Care Act and broadly lowering prescription drug prices — his administration did make substantial changes to the nation’s health care system using executive branch authority. And many of those changes are anathema to Democrats, particularly those aimed at hobbling the ACA. For example, the Trump administration made it easier for those who buy their own insurance to purchase cheaper plans that don’t cover all the ACA benefits and may not cover preexisting conditions. It also eliminated protections from discrimination in health care to people who are transgender. Trump’s use of tools like regulations, guidance and executive orders to modify health programs “was like an attack by a thousand

paper cuts,” said Maura Calsyn, managing director of health policy at the Center for American Progress, a liberal-leaning think tank. Approaching the November election, she said, “the administration was in the process of doing irreparable harm to the nation’s health care system.” Reversing many of those changes will be a big part of Biden’s health agenda, in many cases coming even before trying to act on his own campaign pledges, such as creating a government-sponsored health plan for the ACA. Chris Jennings, a health adviser to Presidents Barack Obama and Bill Clinton, said he refers to those Trump health policies as “bird droppings. As in you have to clean up the bird droppings before you have a clean slate.” Republicans, when they take over from a Democratic administration, think of their predecessor’s policies the same way. Though changing policies made by the executive branch seems easy, that’s not always the case. “These are issue-by-issue determinations that must be made, and they require process evaluation, legal evaluation, resource consideration and timeliness,” said Jennings. In other words, some policies will take more time and personnel resources than others. And health policies will have to compete for White House attention with policies the new administration will want to change on anything from the environment to immigration to education.

Even within health care, issues as diverse as the operations of the ACA marketplaces, women’s reproductive health and stem cell research will vie to be high on the list. A guide to executive actions Some types of actions are easier to reverse than others. Executive orders issued by the president, for example, can be summarily overturned by a new executive order. Agency “guidance” can similarly be written over, although the Trump administration has worked to make that more onerous. Since the 1980s, for example, every time the presidency has changed parties, one of the incoming president’s first actions has been to issue an executive order to either reimpose or eliminate the “Mexico City Policy” that governs funding for international family planning organizations that “perform or promote” abortion. Why do new administrations address abortion so quickly? Because the anniversary of the landmark Supreme Court abortion decision Roe v. Wade is two days after Inauguration Day, so the action is always politically timely. Harder to change are formal regulations, such as one effectively banning Planned Parenthood from the federal family planning program, Title X. They are governed by a law, the Administrative Procedure Act, that lays out a very specific — and often time-consuming — process. “You have to cross u PAGE A4


A january 9-12, 2021 • La WEEKEnD aSIan jOurnaL

Dateline USa

Newsom proposes $600 COVID-19 relief... PAGE A1 t were heavily impacted by the pandemic. In other words, the proposed check would apply to those whose annual income is less than $30,000. The $600 payment was first announced on Wednesday, Jan 7 when Newsom hopped on a Zoom call with members of the legislature. “This plan will provide relief for Californians in need by distributing $600 rapid cash support for some — at least $1,200 when coupled with federal relief — and extend the eviction moratorium,” Newsom said on Wednesday, asking lawmakers to immediately ap-

prove the proposal so that people would receive checks as soon as possible. The governor also said that 4 million checks should be sent out to eligible residents within the next four weeks, meaning that low-income Californians may receive an additional $600 by February. Though the statewide unemployment rate has decreased by half compared to the early pandemic period — 16.4% during April and May — the employment rate in November is at 8.2%, nearly twice a high as it was in November 2019 (3.9%). The eviction moratorium was extended to aid the more than 2 million Californians who are at

risk of eviction, which could expose more renters to COVID-19. The current moratorium is scheduled to expire on Jan. 31 if the legislature doesn’t approve the extension. “Yes, we will get a deal done to extend these renter and eviction protections,” Newsom said on Wednesday. “It’s foundational, it’s fundamental. We all recognize the need to do that.” (Newsom did not indicate how long the proposed extension would last.) Newsom’s budget proposal also allocates $327 million for COVID19 vaccination availability and also includes the state’s “highest-ever funding level for K-14 schools.” (Klarize Medenilla/AJPress)

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Moody’s Analytics: PH last to recover... PAGE A1 t

a 6.5 percent to 7.5 percent GDP growth this year. Cochrane noted the Philippines’ lack of commitment to fiscal stimulus, which is a factor in the think tank’s forecast. “Malaysia, Singapore, Australia, Japan and Thailand stand out in terms of the amount of fiscal stimulus... Japan has approved an additional $708 billion stimulus speeding plan for 2021... Singapore and Malaysia are expected to continue fiscal support, and Indonesia’s central bank is committed to provide interest-free funds to the government for targeted fiscal spending at least through mid2021,” he said. “India and the Philippines are the least committed to fiscal stimulus, even though they were the two most hard-hit economies from For its part, the National COVID-19 and their subsequent Capital Region Police Office has lengthy and strict quarantine poliformed a Special Investigation cies,” he added. Cochrane also pointed out that Task Group (SITG) to gather more evidence and build an air- the Philippines lags behind its APAC neighbors in procuring vactight case. “Sa ngayon nangangalap pa cines. “While behind North America tayo ng additional evidence, para ma-strengthen at gawing airtight case (Right now, we are still gathering additional evidence to strengthen and make an airtight case),” NCRPO chief Brig. Gen. PAGE A1 t infections of COVID-19, bringing Vicente Danao Jr. said Friday. “Ang number one natin na the total to 11,863 fatalities and makita natin o ma-establish is 889,405 positive cases. There are 8,074 people with if there was a foul play at syempre kung ‘yung tao ay naging COVID-19 currently hospitalized intoxicated na, if there was rape and 20% of these people are in (The number one thing we need the ICU. The 3-day average for to establish is if there was foul daily hospitalizations is 8,065; the play and if rape occurred once highest the County has ever expethe victim got intoxicated),” he rienced. “Today’s number of cases, hosadded. pitalizations and deaths are tragic ‘Justice will be served’ Philippine President Rodrigo and alarming, and further confirm Duterte assured that justice will the widespread transmission of be served for Dacera and her COVID-19. The very high numfamily, according to Presidential bers reported today didn’t happen by accident,” Public Health Spokesperson Harry Roque. “Ang pangako naman po ng Director Barbara Ferrer said in a Presidente ay makakamit po ang statement. Ferrer pointed the surge to the katarungan sa Pamilyang Dacera (The president’s promise is that dismissal of precautions during justice will be served to the the winter holiday season. “Most of our new cases are a Dacera Family),” he said. “Malalaman po natin ang direct result of the actions taken katotohanan at sa administras- by people who were not following yon po ni Presidente, dahil siya’y the necessary precautions over abogado at dati pang piskal, hindi the winter holiday…” she said, niya hahayaan na ang mga krimi- adding, “If we wish to turn this nal ay hindi po mapaparusahan around and save lives, everyone (We will know the truth during must adhere to the safety meathe administration of the Presi- sures put in place, residents and dent because he is a lawyer and businesses alike.” Officials are urging businesses a former prosecutor, he will not let criminals go unpunished),” to implement safety protocols and help protect employees and custhe spokesman added. n tomers from the transmission of the virus. Public Health’s compliance teams continue to visit businesses across the County every day and review public health protocols with business owners, identify deficiencies, and issue citations

NBI to conduct a separate probe into... PAGE A1 t

point, the case build-up will be faster if the NBI acts independently. Note that the preliminary investigation has already been set on January 13,” he said. “The longer it takes to examine the remains of the deceased and gather pieces of other evidence, the more difficult it becomes to establish the true cause of her death and identify any person liable therefore, if a crime was indeed committed,” he added. Dacera, 23, was found unconscious in an empty bathtub of a hotel in Makati City on January 1 after a New Year’s Eve party with friends. She was rushed to Makati Medical Center where she was pronounced dead. The Philippine National Police (PNP), after tagging 11 persons linked to Dacera’s death, filed a provisional charge of rape with homicide against three arrested suspects due to the bruises, lacerations, and fluids found on Dacera’s body. However, the three suspects were released from police custody on Wednesday following the order of the Makati City prosecutor’s office. “Nararamdaman ko po iyong sakit na nararamdaman nila [Dacera’s family] kasi naging parang kapatid ko siya [Dacera]. Sobrang mahal na mahal ko po siya. Para sa akin, sobrang sakit din po mawala si Christine pero sana malinawan ang pamilya ni Christine. Iyon lang po (I feel their pain because Christine was like a sister to me. I really love her so much. For me, it is really painful that Christine is gone but I hope her family will find clarity. That’s

all),” said Rommel Galido. John dela Serna said he loved Dacera so much because she became part of their lives. Meanwhile, John Paul Halili urged to wait for the results of the investigation. “Tingnan na lang natin kung ano iyong lumabas na resulta. Hirap na hirap na po kasi ako (Let’s just look into the result that came out. This is already hard for me),” Halili said. Another one of the suspects, Gregorio de Guzman, maintained that none of the 11 persons tagged in the case harmed Dacera. De Guzman, who is the son of singer Claire de la Fuente, revealed that he was gay, contradicting the police’s claims that Dacera was allegedly raped. “Paano po naging rape? Bakla po ako. Never po ako nakipagtalik sa babae ever in my life (How did it become rape? I am gay. I never had sex with any woman ever in my life),” he said. He also revealed that he performed Cardiopulmonary Resuscitation (CPR) on Dacera after seeing her in the bathtub. “We found her in the bathtub with a pillow behind her head like she was sleeping. Then I checked her nose; there was no air coming out. Checked her pulse; there’s none. So, I got nervous,” De Guzman told The Manila Times. The prosecutor’s office ruled that the evidence presented by police investigators was insufficient to show that Dacera was raped and killed. It also noted that Dacera’s cause of death remains unclear.

and Europe, most of the larger Asia-Pacific countries have secured enough doses at this point to vaccinate roughly 75 percent of their populations. An important exception is the Philippines, which has made little progress so far,” he said. ‘Worst is over’ Malacañang, for its part, vowed to prove the Moody’s Analytics report wrong, saying the country’s economy is on track to recover this year. “Huwag po kayong mag-alala (Do not worry) the worst is over – sabi nga nila (As they say) we’ve hit rock bottom and the only way to go is up,” said Presidential Spokesperson Harry Roque in a press briefing. “Huwag kayong mag-alala (Do not worry) we will disprove that forecast wrong. At ito po ang dahilan kung bakit nagbubukas tayo ng ekonomiya at palaging sinasabi sa ating mga kababayan: Pag-ingatan ang buhay ng tayo po’y makapaghanapbuhay (This is the reason why we are opening the economy and telling people to take care of their

health so they can go to work),” he added. According to Roque, Philippine Finance Secretary Carlos Dominguez exercised prudence with regard to loans intended for COVID19 response. “Kung talagang kinakailangang umutang, uutang pa tayo para gastusin; ito po iyong tinatawag nilang fiscal policies. Pero sa ngayon po, I think mas prudent po ang ginawang approach ni Secretary Dominguez na hinay-hinay ang pangungutang, hinay-hinay ang paggagastos (If we need to borrow, we will borrow funds. It’s what they call the fiscal policies. But for now, I think Secretary Dominguez has taken a more prudent approach when it comes to borrowing and spending),” he said. “Huwag po nating gastusin ang ating salapi lahat-lahat ‘no na hindi natin alam kung kailan matatapos itong pandemyang ito (Let’s not spend all our money especially since we don’t know when this pandemic will end),” the spokesman added. n

LA County hits new single-day record of... for businesses out of compliance. From December 6, 2020 through January 3, 2021 a total of 143 citations were issued to businesses including restaurants, gyms, personal care salons, hair salons/barbershops, places of worship, and shopping malls for noncompliance with Health Officer Orders. Since the end of August, a total of 526 citations have been issued. To assist L.A. County businesses follow the required protocols and maintain their operations with as much safety as possible for their staff, customers, and visitors, Public Health encourages businesses to take advantage of the COVID-19 Safety Compliance Certification Program. The program provides business owners and employees the opportunity to take a free online training about COVID-19 infection control protocols and allows businesses to self-certify that they are fully implementing protocols in compliance with infection control and physical distancing requirements. To date, a total of 18,452 employees and employers have completed the training. The high rates come as the county continues to distribute and administer COVID-19 vaccinations. As of Wednesday, 1,602 health care workers are fully vaccinated with both doses of the Pfizer vaccine. The County received 166,300 Moderna doses as of Monday, of which 31,915 have been administered to staff and residents

at skilled nursing facilities to EMTs and paramedics, and to healthcare workers in clinics. This includes healthcare workers at urgent care and primary care clinics, at intermediate and home healthcare facilities and services, as well as healthcare field workers who face a high risk of exposure. Eighteen vaccination sites opened across the county this week for health care workers with appointments, and an additional six to eight sites are expected to open next week. As of Monday, an estimated 11,680 staff and residents have been vaccinated at skilled nursing facilities. The federal pharmacy program should begin vaccinating staff and residents at longterm care facilities next week, the department said. The county said it is seeking to begin vaccinating priority groups in Phase 1B in early February, anticipating adequate supply of the vaccine. Tier 1 in Phase 1B includes individuals 75 and older, and those at risk of exposure in education, childcare, emergency services and food and agriculture. Meanwhile, Tier 2 in Phase 1B includes persons between the ages of 65 and 74, those at risk of exposure if you work in transportation and logistics; in industrial, commercial and residential and sheltering facilities and services; in critical manufacturing; and congregate settings with outbreak risk including homeless and incarcerated. (AJPress)

Biden’s first order of business may be to... PAGE A3 t

your t’s and dot your legal i’s,” said Nicholas Bagley, who teaches administrative law at the University of Michigan Law School. And if you don’t? Then regulations can be challenged in court — as those of the Trump administration were dozens of times. That’s something Biden officials will take pains to avoid, said Calsyn. “I would expect to see very deliberate notice and comment rulemaking, considering the reshaped judiciary” with so many Trumpappointed judges, she said. What comes first? Undoing a previous administration’s actions is an exercise in trying to push many things through a very narrow tube in a short time. Department regulations have to go not just through the leadership in each department, but also through the Office of Management and Budget “for a technical review, cost-benefit analysis and legal authority,” said Bagley. “That can take time.” Complicating matters, many health regulations emanate not just from the Department of Health and Human Services, but jointly from HHS and other departments, including Labor and Treasury, which likely means more time to negotiate decisions among multiple departments. Finally, said Bagley, “for really high-profile things, you’ve got to get the president’s attention, and he’s got limited time, too.” Anything pandemic-related is likely to come first, he said. Some items get pushed to the front of the line because of calendar considerations, as with the abortion executive orders. Others need more immediate attention because they are part of active court cases. “You have all these court schedules and briefing schedules that will dictate the timeline where they make all these decisions,” said Katie Keith, a health policy researcher and law professor at Georgetown University. The Trump administration’s efforts to allow states to set work requirements for many low-income adults who gained Medicaid coverage under the Affordable Care Act’s expansion of the program is

the highest-profile Trump action that falls into that latter category. The Supreme Court has agreed to hear a case challenging HHS approval of work requirements for Arkansas and New Hampshire in the next few months. Some Democrats are concerned about how the high court, with its new conservative majority, might rule, and the Biden administration will have to move fast if officials decide they want to head off that case. But court actions also might help the Biden administration short-circuit the onerous regulatory process. If a regulation the new administration wants to rewrite or repeal has already been blocked by a court, Biden officials can simply choose not to appeal that ruling. That’s what Trump did in ending insurance company subsidies for enrollees with low incomes in 2017. Allowing a lower-court ruling to stand, however, is not a foolproof strategy. “That raises the possibility of having someone [else] intervene,” said Keith. For example, Democratic attorneys general stepped in to defend the ACA in a case now pending at the Supreme Court when the Trump administration chose not to. “So, you have to be pretty strategic about not appealing,” she said. Adding on? One other big decision for the incoming administration is whether it wants to use the opportunity to tweak or add to Trump policies rather than eliminate them. “Is it undoing and full stop?” asked Keith. “Or undoing and adding on?” She said there is “a full slate of ideologically neutral” policies Trump put out, including ones on price transparency and prescription drugs. If Biden officials don’t want to keep those as they are, they can rewrite them and advance other policies at the same time, saving a round of regulatory effort. But none of it is easy — or fast. One big problem is just having enough bodies available to do the work. “There was so much that undermined and hollowed out the federal workforce; there’s a lot of rebuilding that needs to done,” said Calsyn of the Center for

To execute his health care agenda, President-elect Joe Biden first must deal with the substantial changes to the nation’s health care system that his predecessor made using executive branch authority. Reversing policies Democrats oppose would take time and personnel resources, competing with other priorities of the new administration. File photo courtesy of Joe Biden/Facebook

American Progress. And Trump officials ran so roughshod over the regulatory process in many cases, she said, “even putting those processes back in place is going to be hard.” Incoming officials will also have other time-sensitive work to do. Writing regulations for the newly passed ban on “surprise” medical bills will almost certainly be a giant political fight between insurers and health care providers, who will try to re-litigate the legislation as it is implemented. Rules for insurers who sell policies under the ACA will need to be written almost immediately after Biden takes office. Anyone waiting for a particular Trump policy to be wiped from the books will likely have to pack their patience. But law professor Bagley said he’s optimistic it will all get done. “One of the things we’ve grown unaccustomed to is a competent administration,” he said. “When people are competent, they can do a lot of things pretty quickly.” KHN (Kaiser Health News) is a nonprofit news service covering health issues. It is an editorially independent program of KFF (Kaiser Family Foundation), which is not affiliated with Kaiser Permanente. n


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LA WEEKEND ASIAN JOURNAL • JANUARy 9-12, 2021

Dateline PhiliPPines

A

SWS: 9 in 10 Filipinos worried about getting COVID-19 Many unwilling to get vaccines, surveys also suggest

Genome Center. prevalent variant in the country, Experts warned that once it would lead to much higher it reaches the Philippines and number of infections. MANILA — Nine in every 10 eventually becomes the most u PAGE A7 Filipinos were worried about contracting COVID-19 nearly a year since the country reported a case of the severe respiratory illness, a Social Weather Stations survey showed. The survey, conducted from November 21 to 25, found that a record-high 91% of 1,500 adult respondents were concerned that they or their family members might catch COVID-19. Broken down, 77% said they “worried a great deal,” 14% were “somewhat worried” and 3% answered they were “worried a little.” Only 5% said they were “not worried” about getting the virus that has so far infected 482,083 and killed 9,356 people in the Philippines. November’s figure surpassed the previous record of 87% in May 2020 when the polling firm first surveyed about it. Worry about getting COVID19 was highest in the Visayas at 96%, followed by Mindanao at 95%, Balance Luzon at 89% and Metro Manila at 85%. The capital region, which remains the epicenter of the local coronavirus outbreak, accounts for 44% of the country’s confirmed cases. The worry level among women rose to a record-high 93% from 84% in September. It also rose among men from 85% to recordhigh 90%. The survey also found that “Filipinos have always been more worried than Americans about catching COVID-19.” The United States accounted for the world’s highest number of cases and deaths at 21.53 million and 364,691, respectively. Health authorities are bracing for a post-holiday surge in cases and the new and more contagious variant of the virus that causes COVID-19. The variant currently sweeping the United Kingdom has not yet been detected in the country based on the analysis of recent samples but the Philippine by Gaea

CREDIT CARD FRAUD. Senator Sherwin Gatchalian (2nd from left) walks with National Bureau of Investigation (NBI) officials inside the NBI building in Manila on Thursday, January 7. The senator has filed an incident report before the agency regarding the hacking of his credit card. PNA photo by Avito C. Dalan

Close contacts of Filipina with new COVID-19 variant tracked, swabbed, monitored — DOH by Neil

arWiN mercaDo Inquirer.net

MANILA — The close contacts of the Filipina worker who was found positive for the new coronavirus variant in Hong Kong have been swabbed, quarantined, and are now being monitored, the Department of Health (DOH) said Friday, January 8. DOH Undersecretary Maria Rosario Singh-Vergeire said the individuals who the UK-variant positive Filipina had contact with were traced in Cagayan Valley and Metro Manila. “In Solano, Cagayan [Valley]

kung saan siya nanggaling, atin na pong na-contact, na-coordinate na, napuntahan na po itong close contacts at nakuhanan na po ng swab for RT-PCR at ito pong specimen din for genome sequencing ay nagawa na,” Vergeire said in a press briefing. “Naipadala na po itong specimen na ito sa (The samples have been sent to the ) Philippine Genome Center. They are currently quarantined and being monitored—itong mga close contacts sa Solano Cagayan,” she added. Vergeire added that the close contacts in Metro Manila have also been swabbed.

“Mayroon kasi siyang manning agency dito [sa Metro Manila]. Lahat po ng naging close contact niya ay natunton naman po natin. They were all swabbed,” Vergeire said. (She is under a manning agency here. All close contacts have been traced and swabbed.) Hong Kong earlier detected the presence of the new COVID19 variant, believed to be more infectious, in the female passenger who returned from the Philippines on Dec. 22. It was later identified that the passenger is a Filipina household service worker. n

SC ground rules set for anti-terror act hearings

ceedings. Petitioners and respondents ManilaTimes.net will each have 45 minutes to THE Supreme Court begins on present their arguments. As agreed during the prelimiJanuary 19 oral arguments on at least 37 consolidated petitions nary conference last November questioning the constitutionality 26, only eight lawyers from the of Republic Act (RA) 11479, the petitioners’ side will be allowed to participate in the oral argu“Anti-Terrorism Act.” n an advisory, the court en ments. The solicitor general, which banc on Friday, January 8 also set the ground rules for the pro- will represent the government, is by William

B. Depasupil

allowed to bring not more than three lawyers. All persons in the court must present a negative Covid-19 RTPCR test taken within 72 hours prior to the oral arguments. Discussions would be limited to preliminary and substantive issues, according to Clerk of Court Edgar Aricheta. Matters not covered by the oral

STOP THE SURGE Wear a mask

Stay home

Washing hands frequently

Stay 6 feet apart

covid19.ca.gov

u PAGE A7

KatreeNa Philstar.com

caBico


A6 JANUARY 9-12, 2021 • LA WEEKEND ASIAN JOURNAL

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O PiniOn Again, cleaning up the BIR THROUGH several administrations, the same agencies keep cropping up when corruption is discussed. Inevitably, the revenue-generating agencies are always at the top of the list, even in surveys on corruption perceptions. These agencies are followed by those that award large-scale contracts, led by the Department of Public Works and Highways. The DPWH has been singled out by President Duterte himself for cleansing, even as he stresses his confidence in the integrity of its current head Mark Villar. Last week the President ordered the suspension of DPWH regional directors linked to anomalies in which eight incumbent congressmen and a former lawmaker have been implicated by the Presidential Anti-Corruption Commission. Also high on the President’s hit list are the revenue-generating agencies: the Bureau of Customs, Land Registration Authority and of course the Bureau of Internal Revenue. This week the President ordered the reshuffle and “freezing” of BIR personnel believed involved in irregularities. If those suspected of involvement in graft cannot be pinned down for formal indictments, he said they could be placed on floating status or “frozen” without assignments.

FeatURes

The Department of Finance already has a program in place against corruption within its agencies. Called RIPS – for Revenue Integrity Protection Service – the program has so far conducted probes on 384 officials and employees of the DOF and its attached agencies since July 2016. The DOF reported that through RIPS, administrative and criminal complaints have been filed against 57 individuals before the Office of the Ombudsman and the Civil Service Commission, of whom 14 have been dismissed from the service. Corruption can be highly lucrative, however, and crooks keep finding ways of going around transparency rules and digitization of services to eliminate red tape. The public can do its part in this effort, by refusing to pay bribes or “facilitation fees” to speed up services. People are also encouraged by the government to provide tips to investigators, through the “Information Against Corruption Page” on the DOF website. Like many other problems, fighting corruption works best with public cooperation, with no sacred cows, and with whistle-blowers or tipsters feeling reassured that their reports will be acted upon and bear fruit. (Philstar.com)

Editorial

Commentary

YEN MAKABENTA AT the turn of the year, 2020 to 2021, the chief economist of Moody’s Analytics, Steven Cochrane, issued a report on the prospects of economic recovery of Asia-Pacific countries that should jolt our public officials and citizens alike. Cochrane said in his report that the Philippines is likely to be the last country in the Asia-Pacific region to fully recover from the pandemic-induced recession, with recovery seen only in the fourth quarter of 2022, while other economies are set to regain all of their lost output by the end of this year. Cochrane said the Philippines and India are expected to struggle due to their deep recession and uncertain fiscal support of their policymakers. The research arm of Moody’s sees the Philippines fully recovering by the fourth quarter of next year and India in the first quarter of next year. As varied as the impact of the pandemic recession has been this year across the region, so is the pattern of recovery and ultimate economic expansion. China, Taiwan and Vietnam have already recovered their lost output and are expected to enjoy further expansion in the year ahead. On the other hand, Hong Kong, Korea, Indonesia, Australia and Thailand are expected to completely recover by the middle of 2021. “The depth of the Covid-19 recession in 2020 was quite varied across the Asia-Pacific region,” Cochrane said. According to Moody’s Analytics, the gross domestic product of the Philippines and Malaysia shrank between 15 and 20 percent in the third quarter, while India was the

Philstar.com photo

Why PH lags behind in recovering from pandemic in Asia-Pacific hardest-hit economy, with its GDP contracting nearly 25 percent in the first half of last year. It sees the Philippine economy starting to recover with a GDP growth of 4.5 percent this year and 6.2 percent in 2022, after contracting by about 9.9 percent in 2020. The Philippines booked the biggest GDP contraction in AsiaPacific last year followed by India with 8.8 percent, Thailand with 6.1 percent, Singapore with 6 percent, Hong Kong with 5.9 percent, Japan with 5.3 percent, New Zealand with 5 percent, Malaysia with 4.6 percent, Australia with 2.5 percent, Indonesia with 2.3 percent, and South Korea with 1 percent. The only economies in the region that booked GDP growth last year were Vietnam and Taiwan with 2.7 percent, and China with 2.4 percent. “The Philippines struggled with the coronavirus but has managed to cut its daily case count in recent months,” Cochrane said. He noted that the Philippines and India are the least committed to fiscal stimulus despite being the hardest hit economies by the pandemic and the lengthy and strict quarantine policies. He said the Philippines also lags in the procurement process while major countries in the region have already secured Covid19 vaccines from manufacturers. “An important exception is the Philippines, which has made little progress so far,” Cochrane said. Policy failure in Covid challenge As a journalist-observer who has covered the health emergency throughout 2020 and the Philippines response to the crisis, I have a personal theory on why the country has lagged badly on the economic front. I believe the country has been shackled by repeated policy fail-

EVEN though I disagree with the outcome of the presidential election from the widespread voter fraud I saw speaking to voters impacted with irregularities here in Nevada, what happened on Capitol Hill does not represent the platform of putting America First. Trump supporters in D.C. and cities nationwide gathered together to protect their freedom of speech, assembly, and right to assemble in a peaceful manner. We are a nation of law and order, there needs to be consequences of the actions of individuals inciting violence by storming the Hill. Whoever the small group of people are that instigated the attacks needs to be investigated and punished for their actions. The misconception lies within the narrative that those perpetrators that do not represent Fil-Am conservatives, who believe in preserving our freedom and values. Violence is never acceptable in enacting change. Healing from the political divisions from both sides start with honest discussions about improving community relations by finding a common ground. Moving forward, we need to continue to investigate voter irregularities in the past election and then secure future elections by implementing Voter ID. Fil-Am conservatives will continue to have a role in policy making, because our voices and concerns matter. Lisa Noeth, Las Vegas Fil-Am Conservative Commentator and Nevada Young Republicans Co-Chair

ure in managing the challenge of containing Covid-19. Again and again, we faltered in the critical moves that could have saved the economy from devastation by the coronavirus and the economic lockdown. Waving the mantra that life is more important than money, that saving lives comes first before saving the economy, government policymakers tottered between confusion and fear of the viral outbreak, and between wistfulness and comprehension of the pandemic. We wandered listlessly and thoughtlessly into a never-ending community quarantine or lockdown. Fear of the unprecedented pandemic and its consequences gripped our decision making. It was manifest first in the decision to appoint an Inter-Agency Task Force for the Management of Emerging Infectious Diseases, which oddly was composed entirely of members of the Cabinet. It did not have epidemiologists or medical scientists in its ranks, and yet it was charged to make the necessary policy recommendations to the President on an anti-Covid program. The task force was principally composed of former military officers and had no one who had seen a health epidemic in their lives. While other countries had health professionals manning their policy apparatus, ours had soldiers and bureaucrats. From this initial blunder, the nation has hurtled into crucial decisions throughout the crisis. Government boasted about trusting science in managing the pandemic but wound up without a single scientific research or study to back up the decisions. We applied testing and contact tracing in the policy mix, and then imposed the compulsory wearing of face masks and face shields across the archipelago. The lockdown was adopted

without the government’s principal economic managers on board. Then in a short time, what was once the fastest- growing economy in Asia became a laggard. Facts, not fear, will stop pandemic Two medical professionals and scientists have written an analysis that explains how policymakers have made many wrong decisions during the pandemic. They contend that policymakers desperately think that fear will stop the coronavirus. Jay Bhattacharya, MD, PhD is a professor of medicine at Stanford University, and a co-author of the Great Barrington declaration. Christos A. Makridis, PhD, is an assistant research professor at Arizona State University, a nonresident fellow at Baylor University and a senior adviser at Gallup. In the article that they co-authored, “Facts, not fear, will stop the pandemic,” the two scientists observed that the media have spent too much attention on the bad news than on the good news in reporting on the pandemic. Consequently, governments and the public alike are steeped in negativity in viewing the crisis. I quote below some key passages from their illuminating article: “The media relish negative news. ‘If it bleeds it leads’ still holds, and perhaps it’s never been truer than in the Covid-19 era. Every day the news highlights the spread of the virus and tells the sad stories of some of its victims. “And yet, much of the media does not pay sufficient attention to the good news regarding improved treatments and survival of patients with the coronavirus. In contrast with the international media, the American press has been unrelentingly negative in its Covid coverage, even when there is good news to tell. That negativity is part of what fuels a culture of fear that affects local, state and

Letters to the Editor

I CAN’T find the right words to express the severity of insidious and overt white supremacy we experienced on January 6th. On one hand, we witnessed the storming of the Capitol by self-proclaimed white nationalists. The confederate flag — a symbol of the United States’ racist, white supremacist beginnings — was paraded for the first time within its halls. At least five people have died as a result of the siege, an attack planned for weeks in advance on online forums, and encouraged by President Trump as he finished a speech in front of the White House. With many rioters sporting red, Make America Great Again-hats — headwear that, for some, have carried the symbolic weight of the KKK’s infamous white hoods — the power of white supremacy was made apparent not only because of who was in the crowd, but also by the very fact that the mobbing of the Capitol was let to happen at all, when much more security and surveillance has been placed on Black, Indigenous, and People of Color activists at many other times, online and in real life. Not only was all of this frightening to witness from a visceral level, but I also knew that

federal politicians and the decisions they make. “But there is a lot of good news to tell. The case fatality rate from the virus has dropped sharply since March. The infection survival rate is 99.95 percent for people under 70 and 95 percent for people over 70. Hospitals are much better equipped to handle patients, with improved ventilator protocols, improved management of outpatients and new therapeutic strategies to provide relief and recoveries. Moreover, thanks to multiple ongoing clinical trials around the world, there may soon be a safe and effective vaccine. “By contrast with their focus on Covid deaths, the media have paid scant attention to the enormous medical and psychological harms from the lockdowns in use to slow the pandemic. Despite the enormous collateral damage lockdowns have caused, England, France, Germany, Spain and other European countries are all intensifying their lockdowns once again. “The harms from lockdown have been catastrophic. “The burden of these policies falls disproportionately on some of the most vulnerable. “Internationally, the lockdowns have placed 130 million people on the brink of starvation, 80 million children at risk for diphtheria, measles and polio, and 1.8 million patients at risk of death from tuberculosis. The lockdowns in developed countries have devastated the poor in poor countries. “The lack of balanced media attention towards the good news about the virus and the costs of lockdowns comes with its own cost. Without a balanced approach to Covid news, the public cannot make informed choices about Covid policy, such as school closures… “Finally, the neglect of the good Covid news breeds panic and

these stories would cloud some important truths: First, that by focusing on predominantly white faces and stories, people would forget that white supremacy is an ideology; white supremacists are not just a group of white people. White supremacy is a belief that anyone — of any race — can adopt, in which they find value in systems that have been set up to benefit white people and disadvantage those who are not white. Filipino Trump supporters were complicit in this attack as well. Second, just hours before, Georgia elected its first Black and Jewish senators, a feat significant because of the decades-long organizing of Black Georgians and other people of color in the south, and White supremacy took Black power off the airwaves. Third, by focusing on Washington D.C., those of us in other cities may have distanced ourselves away from white supremacist violence. In reality, in my own diverse city of Los Angeles, Trump supporters harassed and violated a Black woman during our city’s own Make America Great Again rally. Fourth, that not everyone is even in a place

fear, which is never a good public health strategy. The public should know that the pandemic will not be here forever. While these are challenging times — and, for many families, life-changing times — like every other pandemic in human history, the Covid-19 pandemic will end. With wise and informed policy choices, we can reduce its ultimate toll of death and human misery.” PSG Covid mess Having erred in applying the community quarantine as a strategy to contain Covid-19, we then faltered in securing an adequate share of available vaccines. The mess at the PSG underscores what the Asia Times has called the Duterte government’s “misplay” of vaccine diplomacy. The nation is now caught in a dilemma between ferreting out the truth behind the controversial importation of the Chinese-made Sinopharm vaccines and covering up unpleasant facts in this affair. It is no mystery that the country has been in great difficulty to recover lost ground from the pandemic. It trusted in the lockdown and draconian restrictions in containing the outbreak, without much success. And then in shutting down the economy, it did not anticipate the devastation to businesses, particularly small business, and the deprivation of jobs and livelihoods of millions. No wonder, the nation is scrambling to climb back from the slopes of the economic mountain. (ManilaTimes.net) *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.

*** yenobserver@gmail.com

to know or care about what’s happening in DC (or Georgia). Too many of us are merely trying to figure out how to survive today. The COVID pandemic continues to devastate our communities, particularly Black people and people of color, on top of housing injustices that continue to make LA county home to over 66,000 unhoused Angelenos. This, too, is the outcome of white supremacist laws that have pervaded our country since its birth. We are living in multiple pandemics at once. There aren’t vaccines for all of them. The morning after Trump was elected in 2016, I cried in bed because as a queer immigrant of color, it felt like the world hated me. January 6, 2021 revived those feelings, reminding me again how much of an aspiration safety in the U.S. is. Every day, I feel more urgent about exhausting all possibilities I can to contribute to the complete eradication of white supremacy, racism, & anti-Blackness in all forms. I’m thankful to know so many of you are also trying to do the same. Godfrey Plata, Los Angeles Former California Assembly Candidate

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LA WEEKEND ASIAN JOURNAL • JANUARy 9-12, 2021

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Dengvaxia mess resurfaces after latest poll showed only 32% open to COVID-19 jab by Catalina

RiCCi MadaRang Philstar.com

BIKE BORDERLINE. BIKE BORDERLINE. A contract worker paints white markers on the side of the road along Roosevelt Avenue, Quezon City on Thursday, January 7. These markings are marginal lines for passing bicycles in the area. PNA photo by Robert Oswald P. Alfiler

Duterte allies push Cha-cha tainty.” Both said the changes they sought are only limited to the MANILA — Two senators want economic and democratic repthe Senate and the House of Rep- resentation provisions of the resentatives to convene the 18th Constitution, although various Congress as a constituent assem- sectors are saying this will either bly to introduce limited amend- be for the extension of the terms ments to the 1987 Constitution. of incumbent officials or for the In filing Resolution of Both postponement of the 2022 genHouses (RBH) No. 2, Senators eral elections. Ronald dela Rosa and Francis ToMalacañang reiterated on lentino said “reforms are needed Thursday, January 7 that Presito be introduced to the 33-year- dent Duterte does not seek to old Constitution in order to aid remain in power beyond his term the country in achieving eco- and that notions about extending nomic growth, especially during it are but “rumors.” this time of rising global uncer“The rumors have no baby CeCille

SueRte Philstar.com

Felipe

sis. They are just rumors. The President has made it clear. He does not intend to remain even a minute beyond his term of office on June 30, 2022,” presidential spokesman Harry Roque said during the press briefing on Thursday. Both Dela Rosa and Tolentino said “the interest of the Filipino people will be served by introducing meaningful reforms reinforcing not only economic growth and development but also more pragmatic democratic representation.” They pointed out in their reso-

u PAGE A8

SWS: 9 in 10 Filipinos worried about...

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Unwillingness to get COVID19 jabs While a vast majority expressed worry about contracting COVID-19, only 32% of Filipinos said they will allow themselves to get vaccinated, results of a separate Pulse Asia survey showed. Forty-seven percent said they are not willing to be inoculated with COVID-19 jabs, with 84% saying they were unsure of its safety. Findings of the Pulse Asia poll differed significantly from that of an SWS survey conducted in September, which showed 66% of adult Filipinos were willing to

receive COVID-19 jabs, while 31% were not. A poll of OCTA Research also suggested that only 25% of the 600 respondents from Metro Manila are willing to be immunized against COVID-19. The government faces the difficult task of conducting a COVID-19 vaccination campaign, which relies heavily on public trust that vaccines are both safe and effective, after the botched dengue vaccination program. The highly-politicized controversy eroded public trust on vaccines, which took decades to establish, despite no established

links of deaths resulting from Dengvaxia inoculation. Vaccination czar Carlito Galvez Jr. said the government wants to inoculate 50 million to 70 million Filipinos in 2021 alone as it hopes to close negotiations for 148 million doses with drugmakers this month. This target, however, depends on the global supply where 80% had already been procured by other nations. So far, only 2.6 million doses of the vaccine developed by British-Swedish firm AstraZeneca have been secured by the country from a P600-million donation by the private sector. n

SOME Filipinos recalled the Dengvaxia issue after a survey showed that nearly half of Filipinos opt to skip COVID-19 vaccination despite the threats of the coronavirus. Only 32% of the 2,400 respondents of a nationwide survey of Pulse Asia released on January 7 are willing to be vaccinated should a COVID-19 jab be made available in the country. Some 47% of the respondents rejected the idea of being inoculated if vaccine is already available. Only 21% of them were undecided. Around 84% of the respondents said they don’t want to be vaccinated because they are “not sure of its (COVID-19 vaccine’s) safety.” This opinion was popular in the National Capital Region with 89% citing the similar reason, followed by 88% in Visayas, 84% for the rest of Luzon and 79% respondents from Mindanao citing the same safety concern. Most of the respondents or 95% of them were aware that vaccines are currently being developed and only 5% were unaware. Ninety-four percent of them were also still worried that they or any member of their household will contract the deadly pathogen. Of these, 74% were very much worried and 20% were somewhat worried. Pulse Asia conducted this nationwide poll between November

23 and December 2 using faceto-face interviews among 2,400 representative adults 18 years old and above. Vaccine trust issues Following reports of the poll, some Filipinos perceived that the public’s lack of trust to the national government’s handling of vaccination as a public policy. “Are we even surprised? Although we need 80% at least to be inoculated for a vaccine to actually work. It’s not surprising we won’t achieve it, why? We do not trust this system, until today, there’s no clear plan at all – well kelan pa ba tayo nagkaplano?” the user wrote. Some blamed Public Attorney’s Office chief Persida Acosta, the face of those allegedly affected by the controversial anti-dengue vaccine, for allegedly sparking vaccine scare. A report from Philstar.com said that PAO’s forensics team—led by Erwin Erfe—performed its own autopsies on vaccinated children and concluded that Dengvaxia is directly linked to the deaths of at least 105 individuals despite no solid evidence. “Thank you, Persida & trapo & propagandist enablers for demonizing Dengvaxia!,” a Twitter user said. “Political games have real life consequences. Persida Acosta was willing to damage an entire generation of people and beyond against vaccines just for a tiny political game, one that didn’t even matter. The Philippines is now a legitimate anti-vaccine country

because of them,” another Filipino said. Some parents who claimed to be a victim of Dengvaxia, said they are still traumatized by its effect. “My kid is a victim of dengvaxia, so you cannot blame me if I’m afraid of newly invented vaccine,” a Twitter user claimed. Vaccination rate Prior to the pandemic, local health authorities already had difficulties in conducting free vaccination to supposedly prevent diseases such as flu, measles and dengue among children, particularly in poor, urban and rural areas. The country’s low vaccination rate was largely blamed to the dengue immunization program in 2017 that was allegedly linked to deaths of children, which eventually caused fear among parents. In line with the COVID-19 vaccine, the government is currently negotiating with seven vaccine manufacturers to purchase at least 148 million shots to inoculate two-thirds of the entire population this 2021. However, of these, presidential spokesperson Harry Roque earlier announced that the government is eager to secure up to 25 million doses of Sinovac vaccine from China despite the low efficacy rate compared to the vaccine from Pfizer-BioNTech. Data from lawmakers also showed that Sinovac has the highest projected price per two doses, that is, P3,629.50. n

SC ground rules set for anti-terror act... PAGE A5 t argument “shall be discussed and argued in the written memoranda to be required of the concerned parties,” Aricheta said. Among the preliminary issues to be tabled are whether the petitioners have legal standing to sue, whether the issues raised in the petitions involved an actual and justiciable controversy, whether petitioners’ direct resort to the Supreme Court is proper, whether a temporary restraining order or a status quo ante order should be issued, and whether RA 11479 should be declared unconstitutional in its entirety if the court finds that the definition of

terrorism as well as the power of the Anti-Terrorism Council (ATC) are constitutionally infirm. Substantive issues include, among others, whether Section 4 of the law defining and penalizing the crime of terrorism is void for vagueness or overbroad. Also covered are whether Section 16 violates the constitutional rights to due process and whether judicial authorization to conduct surveillance under Section 17 violates the constitutional right against unreasonable searches and seizures. The oral arguments will also dwell on the constitutionality of some of the powers of the ATC.

During the oral arguments, petitioners and respondents will be given 30 minutes per side to present their arguments on the issues. Counsels for each side are also directed to coordinate with each other and submit to the court a manifestation stating the names of the presenting lawyers on each issue or group of issues. The members of the court will begin their interpellation immediately after the presentation of each side. The time allotted for counsels shall be exclusive of the time devoted to the interpellations by the members of the court. n


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De Lima moves for dismissal of 2nd drug case Ancajas eyes title unification bout vs Ioka by Kristine Joy

Philstar.com

Patag

MANILA — Sen. Leila De Lima moved for the dismissal of the second in the three drug cases she is facing, again challenging the sufficiency of evidence against her. De Lima, through her lawyer on Friday, January 8, filed a Demurrer to Evidence before the Muntinlupa Regional Trial Court Branch 205 where she is facing a conspiracy to commit drug trading with her former aide Ronnie Dayan as her co-accused. The same branch is handling a separate drug case, with Jad Dera as her co-accused. Dera was earlier tagged as De Lima’s nephew, but claimed he is working as police asset. She filed a separate demurrer — a challenge to the prosecution’s evidence that, when granted, will lead to charge dismissal — on this case on Thursday. De Lima’s lawyer argued that records of the case show that the prosecution’s witnesses “failed to adduce sufficient proof that will ‘sustain a judgment of conviction beyond reasonable doubt.’” “Consequently, in addressing the most integral issue facing the Honorable Court: is the evidence of guilt presented by the Prosecution against Accused De Lima capable of sustaining a judgment of conviction beyond reasonable doubt? It is as simple as the answer to it is clear: IT IS NOT,” they added. Ragos dropped as co-accused In this specific case, De Lima is charged for allegedly receiving

P5 million on Nov. 24, 2012 and another P5 million on Dec. 15, 2012, from New Bilibid Prison inmates involved in illegal drug trading. The money alleged came from inmates that was received by former Bureau of Corrections chief Rafael Ragos and later handed to Dayan. Ragos was earlier tagged as accused in the case, but the prosecution moved to drop him after he executed a supplemental affidavit detailing sources of money he supposedly delivered to De Lima, then justice chief, in 2012. “Any alleged conspiracy to commit illegal drug trading. By dropping Ragos as co-accused, they allowed him to take the stand and deny any personal knowledge about the source and purpose of the funds, thus severing any link between the Accused and the inmates, who also testified that they had no personal knowledge of either the source of the funds or fact of delivery since they had no relation or interactions with Accused De Lima,” the pleading read. Her lawyer also said that witnesses’ testimonies are proof of Ragos’ guilt for illegally soliciting and receiving money from various sources — from inmates for the “special requests,” “ang paw” for additional visitors and “tara” — while he was serving BuCor chief. “These four whole years might not have been a waste of the State’s time, if it had charged the correct offense and had not made a bargain with the devil and ropped Ragos as an accused,” they said.

by Bong Lozada Inquirer.net

JERWIN Ancajas had an idle 2020 but he’s already gearing up for what could be a busy year. The IBF World super flyweight champion is set to start his year with a title defense against Mexico’s Jonathan Rodriguez, a fight that was thrice delayed due to several reasons, and he’s also eyeing a unification bout against WBO champion Kazuto Ioka. Trainer Joven Jimenez said he and his pupil are not only looking to get one more belt in the 115pound division, but they’re eyePhilippine Senator Leila De Lima ing all four. Senate photo Kazuto (26-2) came off an “As it turns out, it seems that eighth-round technical knockout all roads lead to Ragos; all evi- win over fellow Japanese fighter dence, whatever there is on re- Kosei Tanaka in Tokyo on Dec. cord, tends to prove that Ragos 31 for his second defense of his was indeed ‘dirty’ and abused his authority as OIC of the BuCor and, therefore, could not be considered as a credible and disinterested witness,” the pleading PAGE A7 t lution that “since the ratification further read. De Lima’s team said their de- of the Constitution on Feb. 2, murrer to evidence “highlights 1987, certain exigencies, events, the absolute failure of the pros- and developments have arisen ecution to present any evidence which necessitate the introducto establish the guilt of herein tion of amendments that not only allow the fundamental law of the Accused.” “As such, the court is duty land to address such exigencies bound to grant the same and to but also protect the important dismiss the charge against Ac- values and ideals the nation was cused De Lima, allowing her to founded upon.” Senate President Vicente Sotto finally be freed from further trouble, expense and anxiety of pre- III said in an online press confersenting evidence to prove her in- ence that Duterte does not want nocence. To put it succinctly, the a term extension or a postponeHonorable Court and the Accused ment of the 2022 elections but, must be spared from this travesty rather, only wanted the party-list system amended to address the of justice,” they added. n

WBO belt. While Ancajas and Jimenez are hitting the mitts, their matchmaker Sean Gibbons, who is also the president of MP Promotions, is busy working the paperwork and the nitty gritty of the negotiations. “This is what all of us wants, including Sean so that’s why he’s been working hard to make these fights happen,” said Jimenez in Filipino Friday. “We want to unify all the belts.” “We’re not planning to go up on weight, we want to get all the belts.” With boxing being a sport not only played inside the ring but also in negotiation, Jimenez said that Gibbons has been in constant communication with the other promotions and broadcasting companies like DAZN to set

up the unification bouts. “He’s been talking to them, and he said that the more Jerwin fights then the easier the negotiations will be,” said Jimenez. A champion of four years, Ancajas (32-1-2) has yet to fight in a unification bout and Jimenez believes there’s a reason why. “They say that the other camps are dodging Jerwin,” said Jimenez. Of all the champions in 115-lb division, Ancajas is the youngest and the tallest with Kazuto, Juan Francisco Estrada (WBC, The Ring), and Roman Gonzalez (WBA) all in their 30s and standing below 5-foot-5. Ancajas, 29, is one of the biggest super flyweights at 5-foot-6. Next is Kazuto at 5-foot-4.5, Estrada at 5-foot-4 and Gonzalez at 5-foot-3. n

Duterte allies push... country’s problem with insurgents. He noted that this intention was made clear by the President during a meeting with some lawmakers and ranking members of the Armed Forces of the Philippines (AFP) in Malacañang two months ago. Duterte believed that the amendment or abolition of the party-list system in the Constitution would address the problem on insurgency. “The intention was never to extend term limits. (President Duterte said) ‘I want this problem of the CPP-NPA solved and the best way is we remove the party-list system or change it in the Constitution’,” Sotto stressed, quoting Duterte during the meeting with some lawmakers and AFP officials, in reference to the Communist Party of the Philippines and its armed wing New People’s Army. He pointed out that Duterte did not say “term limits, an extension of terms, (or) no election.” “He was very hot on the CPPNPA issue. For him, some members of the House of Representatives, particularly the Makabayan bloc, were sympathizers or connected with the CPP-NPA,” Sotto said. While he noted that discussing Charter change with only 17 months left in the administration “is almost impossible,” amending only two provisions could be done. Sotto clarified he is disclosing what they have discussed in the meeting to dispel speculations that the administration wants to open the Constitution in order to defer the 2022 elections. “Bottom line, I do not have yet a consensus of whether the majority of the members of the Senate will be able to do it or not,” Sotto noted, while clarifying that Charter change is not synonymous with constitutional amendments. For Senate Minority Leader Franklin Drilon, talking about Charter change in the final stretch of the Duterte administration is an exercise in futility. “It will be a total waste of time. It won’t fly. Our history tells us that Cha-cha has a zero chance of success in any administration that is already in the home stretch. It is a sin to be even talking about changing the Constitution when there is still no end in sight to the pandemic when the government is struggling to secure funding for COVID-19 vaccines, and when the country is still reeling from the continuing impact of the pandemic and the recent typhoons,” Drilon said. He vowed to oppose it along with Senators Risa Hontiveros, Francis Pangilinan and Leila de Lima. Sen. Panfilo Lacson echoed Drilon’s take on the resolution, saying in a text message that “it’s like taking one big step into a mousetrap, or even a quicksand for that matter.” “Having said that, I think all of us 24 senators should discuss this matter very carefully before we even consider plenary debates on the said resolution if indeed there is one filed,” Lacson said. Pangilinan said calling an allsenators’ caucus might settle the issue on how to move forward on the resolution. “In fairness to the Charter change proponents the resolution was filed prior to the PSG vaccine controversy,” he said, referring to the controversy of the Presidential Security Group receiving a COVID vaccine from China that is yet to be tested and approved by the Food and Drug Administration for safety and efficacy. Past survey results showed that a sizeable majority of Filipinos are opposed to changing the 1987 Constitution. Cha-cha hearings The House committee on constitutional amendments chaired by Ako Bicol party-list Rep. Alfredo Garbin Jr. has scheduled the continuation of hearings on the proposed changes to the Constitution on Wednesday, Jan. 13. Garbin said this would spe-

cifically tackle RBH No. 2, which Speaker Lord Allan Velasco also authored at the outset of the 18th Congress in July 2019 and which proposed amendments to the economic provisions of the Constitution under Articles XII, XIV and XVI to allow foreign ownership of lands, educational institutions, public utilities and mass media companies and lift the 40-percent foreign ownership restriction on corporations. RBH No. 2 also proposes to add the phrase “unless otherwise provided by law” in those provisions. “The directive of the Speaker is to look into those proposals that call for amending the restrictive economic provisions, so we scheduled a hearing on Wednesday next week,” Garbin revealed in an interview. He noted that other proposed constitutional amendments— such as the proposed shift to federal form of government, term extension and removal of term limits—are not included in Velasco’s bill. “That’s only confined to the resolution of the Speaker which is focused on economic provisions. The resolution does not speak of any political provisions, term limits or term extensions. It’s only confined to economic provisions,” Garbin pointed out. Upon assuming the House leadership last October, Speaker Velasco has expressed support to pending proposals in Congress to amend the 1987 Constitution and committed that the House would tackle these measures in the remaining one-and-a-half years of the 18th Congress. Velasco believed that charter change is necessary to address many institutional and systemic problems in government. “Cha-cha is needed, especially I think if we actually change the Charter and then it would be in line with the President’s anti-corruption drive. Our Charter has since not been touched and looking at it, the problem could be in this. There are a lot of studies conducted already and I think this administration could be the right time to push for this. I just hope that the time given is enough to finish this,” he said over PTV. The Office of Vice President Leni Robredo condemned the Cha-cha move while the country is still dealing with the impact of COVID. “It’s amazing that even as we continue to struggle with COVID-19, lost jobs and a shrinking economy, we have ‘leaders’ who still find ways to waste our people’s time and money,” Robredo’s spokesperson Barry Gutierrez said. “Can we first make sure that every Filipino gets vaccinated before wasting time on Cha-cha?” The Makabayan bloc also objected to the plan, saying charter change should not be prioritized at this time when the nation still faces the pandemic. “We are in the middle of a pandemic and there’s just oneand-a-half years left in Duterte’s term. They are just using economic provisions as an excuse but we all know the objective is to pursue the proposed political changes,” Bayan Muna Rep. Carlos Zarate said in a virtual press conference. Roque claimed that Duterte’s priority is to respond to COVID19 but added that the executive branch respects the decision of some lawmakers to push for amendments to the Constitution. “The President does not need to approve that (efforts to introduce amendments to the charter). That is the duty of Congress. Only the Congress can start the process for charter change, not the President. So we respect that and for now, our number one priority is COVID-19, especially the discussions on vaccines,” the Palace spokesman said. “So the President has no other top priority but to end the pandemic by giving vaccines to our countrymen,” he added. (With reports from Alexis Romero, Edu Punay, Janvic Mateo, Elizabeth Marcelo, Evelyn Macairan, Romina Cabrera/Philstar.com)


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A10 january 9-12, 2021 • La WEEKEnD aSIan jOurnaL

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Sat urday, j anuary 9 , 2 0 2 1

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LifestyLe Consumer Guide Community marketpLaCe

Court upholds Trump’s ‘public charge’ proclamation requiring healthcare coverage Immigration Corner Atty. MichAel Gurfinkel, eSQ ON December 31, 2020, the 9th Circuit Court of Appeals struck down a nationwide injunction by a lower District Court, ruling that Pres. Trump’s proclamation banning the issuance of immigrant visas to those who cannot obtain private insurance or demonstrate the funds to self-insure, was lawful. This means that before an immigrant visa can be issued, the person must either obtain private insurance or show they have enough money to pay for care. The reasoning for the proclamation was that having uninsured immigrants come to the U.S. burdens our healthcare system. By way of background, on October 4, 2019, Pres. Trump issued a proclamation requiring people immigrating from outside the U.S. to demonstrate either (1) they will acquire healthcare coverage within 30 days of entry; or (2) have the ability to pay for reasonably foreseeable healthcare expenses. Trump had maintained that intending immigrants who lacked approved healthcare insurance or the financial resources to pay for their medical costs, would be a burden on U.S. taxpayers and our healthcare system, especially those using hospitals’ emergency rooms for a variety of non-emergency conditions, caus-

ing overcrowding and delays for those who truly need emergency services. Allowing thousands of aliens to immigrate who could not demonstrate their ability to pay for their health care costs just made the problem worse. A lawsuit was filed, and a lower District Court issued an injunction, halting this proclamation from taking effect. But the Ninth Circuit upheld the president’s authority to issue this proclamation, stating that, “We conclude that the Proclamation was within the President’s statutory authority and therefore reverse the district court’s order enjoining the Proclamation’s implementation.” What this will mean is that, in addition to all other “public charge” requirements, most people seeking an immigrant visa from outside the US will need to show they can obtain private health insurance or have enough money to pay for their health care expenses, and will not rely on taxpayers to pay for their medical expenses and care. If they cannot do so, a consul could refuse to issue their visa. The Proclamation does list several healthcare plans that would qualify as “approved health insurance,” including an employer-sponsored plan, and unsubsidized health plan offered in the individual market within a state, a catastrophic plan, a family member’s plan, a medical plan under the Medicare program, or any other health plan that provides adequate coverage for medical care as determined by the Secretary of Health and Human Services.

It remains to be seen how this proclamation will be implemented and applied at the Embassies, and we will continue to monitor this developing situation and keep you informed. But with all of these rapid changes to immigration law, policies, and requirements, I would recommend that you seek the assistance of an attorney, who can help you navigate your way through these new requirements and greatly increase your chances for success. *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different, and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories,” endorsements and reenactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader. WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelLaw, Twitter @GurfinkelLaw and YouTube: US Immigration TV Call Toll free to schedule a consultation for anywhere in the US: 1-866-487-3465 (866) – GURFINKEL Four offices to serve you: LOS ANGELES ∙ SAN FRANCISCO ∙ NEW YORK ∙ PHILIPPINES

LEADING U.S. IMMIGRATION ATTORNEY MICHAEL J. GURFINKEL ANSWERS YOUR IMMIGRATION QUESTIONS VIA ZOOM ON CITIZEN PINOY – SOCIAL DISTANCING STYLE. Citizen Pinoy continues its public service by providing relevant information and updates on immigration. In this episode, Atty. Gurfinkel answers questions from Kapamilya in New Jersey, Alaska, California, and the Philippines. Are there any new requirements that could affect the petition of a person who arrived in the U.S. on a tourist visa, but married a U.S. citizen? A son petitioned by his mother is now preparing for his Embassy interview. On a business trip to the U.S., he made a side visit to his brother in Canada, and was denied re-entry to the U.S. Would that affect his mother’s petition? Answers to these and more on the encore episode of “Citizen Pinoy: Your Tanong, My Sagot – Social Distancing Style” this Sunday, January 10 at 6:15 pm PST/EST (9:15 pm EST thru select Cable/Satellite providers). (Advertising Supplement)

Disney in search of a Filipina ‘lola’ for upcoming movie

for 50 to 90 years old Filipina or Filipina American females who can speak English fluently. They AMERICAN media giant Dis- must also be willing to travel to ney is looking for a Filipina or Atlanta, Georgia, where the film Filipina American actress to play is shooting. “Katie Doyle Casting, Hawaii the role of a “lola” (grandmother) is assisting Sarah Finn Castfor an upcoming film. In its casting call currently up ing (‘Avengers: Endgame,’ ‘The on Project Casting, the mass me- Mandalorian,’ ‘Guardians of the (Advertising Supplement) dia company said it is searching Galaxy’) in looking for an actress By Ritchel

Mendiola AJPress

to play a role in an upcoming Walt Disney Studios film,” read the casting call. “No professional acting experience is required, but the applicant must speak English fluently and be comfortable traveling on a plane to Atlanta. They also should be currently authorized to work in the United States (either a U.S. PAGE B2


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Elisse emotional over Iza shares learnings from birthday surprise from McCoy 2020 life-changing events By Ryan

aRcadio Inquirer.net

ELISSE Joson could not help but tear up after receiving a thoughtful surprise from McCoy de Leon for her 25th birthday on Jan. 6. The actress originally did not plan on sharing the gift online, but eventually decided to post it since it “really made [her] day.” “A meaningful birthday gift from miles away,” Joson said on her Instagram page on the same day, alongside the 12-minute video compilation. Though the two could not be together amid the ongoing pandemic, De Leon shared the surprise with her through a video call. The video began with clips of them together while De Leon sang in the background. Following the short montage of their sweet moments, De Leon displayed personal greetings from Joson’s loved ones as well. Among them were fellow actors Sue Ramirez, Alexa Ilcad and Enzo Pineda, among others. The last greeting came from De Leon, who held back tears as he assured Joson that he loves

By MaRinel

Elisse Joson and McCoy de Leon

her. The touching gesture also led Joson to cry as well, which she quipped were tears of joy. After the video ended, Joson told De Leon that it was the “best gift ever.” She also took the time to thank all of her friends included in the surprise. “It really means a lot seeing your greetings. Mahal ko kayo (I love you guys),” Joson

Photo from Instagram/@mccoydeleon

expressed. “And [of course] to [you], @ mccoydeleon,” she added, “thank you for singing to me, for getting my friends’ messages together, and for making me the happiest today.” The two first met back in 2016 when they both joined the TV reality show “Pinoy Big Brother: Lucky 7.”

Ryza to teach Baby Night ‘real games’ first before gadgets By ian

Biong Inquirer.net

RYZA Cenon has promised to raise Baby Night in a more traditional way, noting that she will introduce her child to “real” games first before anything that comes digitally. The doting mother had nothing but loving words for the two-month-old Baby Night as she stressed that she cannot wait for him to grow up and play with her, as seen on Instagram on Tuesday, Jan. 5. “Arrgghh [I] can’t wait na makapag lakad ka na hahahah dahil mag lalaro tayo. Ituturo ko sayo ang totoong laro hindi sa laptop hindi sa [smartphone], sa labas ng bahay or pwede din sa loob,” the actress said. (Arrgghh I can’t wait for you to be able to walk already because we are going to play. I will

cRuz

Inquirer.net

Ryza Cenon with baby Night

teach you real games, not those on laptops and smartphones, we will go outside or even inside the house.) “Thank you anak sa lahat ng pina experience mo sakin. Mahirap pero masaya. Please bear with me anak ha I still have so

Photo from Instagram/@iamryzacenon

much to learn bilang mommy mo,” Cenon stressed in her open letter. (Thank you for everything, my son, for everything that you have made me experience. It is hard but fun. Please PAGE B6

THE series of life-changing events that happened in Iza Calzado’s life in 2020, especially when she contracted then survived COVID-19, has left the actress wanting to focus on only two things: improving her health and accomplishing her life purpose. “Experiencing COVID-19 wasn’t just terrifying. It felt like somebody doused you with cold water and told you, ‘You’re not immortal! You can disappear from this world just like that!’ It will make you ask questions like, ‘Is this really happening to me? Then, what will tomorrow bring?’ There was a lot of uncertainties,” Iza told Inquirer Entertainment in an exclusive virtual chat. “I thought that once I get checked in to the hospital, things would be OK. I had my oxygen and was taking the right meds. But then, I almost got admitted to the ICU (intensive care unit). One day I was a little better, but the next day, I caught a bacterial infection and needed IV and antibiotics. It’s what you call a but-wait-there’s-more moment. It’s when you realize that you’re no longer in control,” Iza recalled. “What were my realizations? No. 1 is to prioritize my health. I abused my body. Just being in this industry alone for 18 long years took a toll on my body. I diet; I work out a lot, but I always don’t have enough time for sleep, which is vital to having optimal health,” she pointed out. “I have always hated the long working hours in this business, but what am I to do? I’m just an employee. If I say something, I might lose my job. Since this happened to me, I would now insist that I can only work for a specific number of hours [in a day] and if you (producer) won’t say ‘yes’ to this, then I also won’t. I don’t want to return to the hospital just for that,” she declared. “We should really prioritize our health if we want to live longer and happier.” Another realization for Iza is purpose, “and this branches out to being a public figure/actress, to being a wife (to British businessman Ben Wintle), and one day, to being a mother,” she explained. “Now, I find myself wanting to pass on whatever I’ve learned to others. I don’t want to just bring with me to the grave all the things that I’ve learned from my mentors over the years. These people encouraged me and believed in me, so whatever nugget of wisdom I have about life that I can pass on to younger artists, I would gladly pass on to

Iza Calzado

Photo from Instagram/@missizacalzado

them,” Iza said. The 38-year-old actress also pointed out that, “It took me so long to learn and discover the things I know now. If I could tell them to you now and they’d create an impact in your life, then good. If I can also provide, for example, this young kid an opportunity—by putting in a good word for him, or by encouraging him—I’d gladly do it. I know how words create impact and the three people who had mentored me were very helpful just by the words they had said.” Iza was referring to the following artists who passed away last year: Filmmaker Peque Gallaga (“He was one of those who encouraged me to attend workshops.”), stage-TV director Al Quinn (“He always worked in tandem with my dad Lito Calzado. I also called him ‘Tatay.’”) and theater-stage director Freddie Santos (“He was my hosting mentor when I was with GMA Artist Center.”). “Sometimes, we think of grand ideas as our purpose, like She Talks Asia and Aktor, both of which I’m part of. But we often forget that it’s these tiny moments that make a big difference in one person’s life. Imagine if every day we’d do something like that to just one person, then we’d surely be helping a lot,” Iza explained. If you’d care to ask, Iza would tell you that getting sick with COVID-19 just had to happen to open her eyes to a lot of things. She wouldn’t have it any other way, she insisted. “I’ve had so many awakenings—everyone did, too, I guess. It made us appreciate what we have. You now ask questions like, ‘Did your expensive shoes help keep you alive? Was your luxury bag able to give you any comfort while you were sick?’” When asked about her and

Ben’s plans in terms of having a baby, Iza admitted that “there was a lot of bargaining going on.” She explained that she still has “a lot of self-work that I also need to do, apart from my actual work as an actress. I keep asking God to give me more time—although I know that I shouldn’t keep pushing my luck, that I have to create space and time for that (motherhood).” This was also the reason she started doing meditation. “This was after getting better from COVID-19. Perhaps, that’s the purpose, to prepare me for motherhood, as well. Definitely, what happened led me to a more spiritual path. Now, my spiritual growth can lead me to becoming a better mother. I just know it.” Iza said Ben would often hint at wanting a baby soon. “I think if he could carry the baby, he would. He works from home, anyway,” said Iza, laughing. “While my work is very physical. I really have to be there to be able to shoot a film, for example. I don’t think my husband would allow me to do that if I were indeed pregnant. I just have to finish a few more things.” Iza is currently part of the Kapamilya network-produced drama series “Ang Sa Iyo ay Akin.” She is also promoting “Tagpuan,” which is an entry to the 2020 Metro Manila Film Festival. Iza is also working with Ian Veneracion on the romantic comedy “B&B: The Story of the Battle of Brody and Brandy,” which is an upcoming WeTV Philippines project. “I still have to finish something that I’ve started doing in 2018, and then the pilot week of a ‘teleserye.’ After that, I’m good. I might just be a YouTuber for a while,” she quipped.

Why Bong is for ABS-CBN franchise renewal By Ricky lo Philstar.com

Bong Revilla

ON the front page of The Star last Tuesday, January 5 when Sen. Bong Revilla hosted a thanksgiving lunch for friends in the movie press corps was the story about Senate President Tito Sotto’s filing a bill to renew the ABS-CBN franchise (followed by the same story the other day that Batangas Rep. Vilma Santos was filing a similar bill in the House of Representatives). Naturally, the first question popped on Bong (accompanied by his wife, Bacoor City Mayor Lani Mercado) was whether he’s for or against the renewal. “Yes, I am for the renewal,” Philstar.com photo said Bong. “Kahit may sama ng

loob ako sa kanila (with the News & Public Affairs team and not with the entertainment department, he clarified), then and up to now, I support the ABS-CBN franchise. It has been my stand. If they had committed anything, I think they have suffered enough for it. Since the shutdown, the (network’s) employees have been jobless and it’s time we help them get their jobs back.” It was a thanksgiving get-together so Funfare asked Bong what he was thankful for. “The year 2020 was both sad and happy,” he choked a bit. “My dad (former Sen. Ramon Revilla Sr.) died. Sobrang painful at luluha ka talaga. And I got the COVID virus, not just me but also my PAGE B6

Disney in search of a Filipina... PAGE B1 citizen, a green card holder, or an O-1 visa holder),” it added. Interested applicants are required to record a short introduction video about themselves, sharing a story about their family or their favorite activity, delivered in Tagalog or in any Filipino language. However, applicants must speak in English when introducing themselves. The role will be shooting for a few days in mid-February in Atlanta, Georgia in the United States. “We are committed to diverse, inclusive and authentic casting. We highly encourage performers who are Filipino or of Filipino descent to apply,” the call said. While the upcoming film is undisclosed, Project Casting speculated that the role is for the While the upcoming film is undisclosed, Project Casting speculated that the role is for the upcoming Marvel movie “Spider- upcoming Marvel movie “Spider-Man 3,” which is reportedly filming and casting in Atlanta. Man 3,” which is reportedly film- Shown in photo are cast members Tom Holland and Fil-Am actor Jacob Batalon. ing and casting in Atlanta. Photo from Instagram/@lifeisaloha


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LEGAL NOTICE

SUMMONS (Family Law) CASE NUMBER: 20PSFL01063 NOTICE TO RESPONDENT: LOPEZ, ROBERTO D. You have been sued. Read the information below. PETITIONER’S NAME IS: LOPEZ, LUALHATI Q ORDER FOR PUBLICATION 3XEOLFDWLRQ *UDQWHG 7KH &RXUW ¿QGV WKDW WKH UHVSRQGHQW FDQQRW EH VHUYHG LQ DQ\ RWKHU PDQQHU VSHFL¿HG LQ WKH &DOLIRUQLD &RGH RI &LYLO 3URFHGXUH 7KH FRXUW RUGHUV WKDW WKH GRFXPHQW OLVWHG LQ LWHP EH VHUYHG E\ SXEOLFDWLRQ DW OHDVW RQFH SHU ZHHN IRU IRXU VXFFHVVLYH ZHHNV LQ WKH IROORZLQJ QHZVSDSHU /RV $QJHOHV $VLDQ -RXUQDO 'RFXPHQWV WR EH VHUYHG E\ SXEOLFDWLRQ 6XPPRQV )DPLO\ /DZ IRUP )/

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PSYCHIC


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New California laws in 2021 Tax Tips Victor sy, cPA, mBA HErE are 12 new California laws that take effect in 2021: • Potential COVID-19 Exposure Notification: requires employers to promptly notify employees of potential coronavirus exposure. • Minimum Wage Increase: California’s minimum wage increases to $14 per hour for businesses employing 26 or more people and $13 per hour for businesses that have 25 or fewer employees. • Family and Medical Leave Expansion for Small Businesses: requires small employers (up to five employees) to provide up to 12 workweeks of unpaid, jobprotected leave for qualifying life events (serious health problems, birth of a child, and military active duty). This covers employees who have worked for more than 12 months. If both parents of a child work for the same company, each of the parents will receive 12 workweeks leave. • Hospitals must maintain

Debt Relief

Atty. LAwrence yAng WHAT is the means test in bankruptcy? It’s a method for calculating what your household income is to determine if you qualify for Chapter 7 or Chapter 13 of the bankruptcy code. By household income, we mean the combined income of husband and wife, if the debtor is married, unless they are separated. The means test is a relatively new concept introduced in the new bankruptcy code of 2005. Before that new bankruptcy law took effect, there was no such thing as a means test. Before 2005, the general rule was if the household income were less than the monthly necessary expenses, a debtor would probably qualify for Chapter 7. Under the means test, debtor’s average income for the last six months, if less than the median income for the household for the state, would prima facie qualify debtor for Chapter 7, without any presumption of abuse arising. Each state has a different median income. For example, in California, the median income for a single person is about $48,000 a year. So, if you are single and make less than $48,000 a year, then you would automatically qualify for Chapter 7. However, this does not mean that single persons making more than $48,000 would be disqualified from Chapter 7. This is so because the means

a three-month supply of personal protective equipment (masks and gloves). • Kin Care Leave: Employees have the power to use their sick days at their sole discretion. Businesses cannot deny an employee’s use of sick days for whatever reason the employee deems necessary. • Unattended Children Liability: Exempts a Good Samaritan who rescues an endangered child from an unattended locked vehicle from civil and criminal liability. • Establishes potential fines for motorists who do not slow down or change lanes when encountering a Caltrans vehicle, tow truck, or any emergency vehicle with lights flashing on a highway. CHP officers can issue them a $50 ticket. • Emergency vehicles can use a distinctive “Hi-Lo” warning sound to notify the public of an immediate need to evacuate an area in an emergency. • Brush Clearance: Homeowners in fire-prone areas must further reduce vegetation within 100 feet (30 meters) of structures including eliminating vegetation adjacent to structures. • Insurance Code: Insurers must prominently notify policyholders if their offer to renew a policy reduces coverage (elimi-

nating fire protection) and get it acknowledged in writing. • Law Enforcement’s Use of Deadly Force Policies: requires law enforcement agencies to maintain a policy that provides guidelines on the use of force. • New Successor Liability Risks: Companies that acquired another business through a merger or consolidation with similar operations are now be liable for wages, damages, and penalties owed by the predecessor. note: Folks, this is why businesses have been leaving our Golden State in droves for business-friendly nevada, Texas, or Florida. If you were just starting out, would you leave California? I certainly would. *** Victor Santos Sy graduated Cum Laude from UE with a BBA and from Indiana State University with an MBA. Vic worked with SyCip, Gorres, Velayo (SGV - Andersen Consulting) and Ernst & Young before establishing Sy Accountancy Corporation in Pasadena, California. *** He has 50 years of experience in defending taxpayers audited by the IRS, FTB, EDD, BOE and other governmental agencies. He is publishing a book on his expertise - “HOW TO AVOID OR SURVIVE IRS AUDITS.” Our readers may inquire about the book or email tax questions at vicsy@live.com.

How does the bankruptcy means test work?

test provides for amounts that may be deducted from gross income given the cost of living in the state. Hence, a single person making $70,000 a year with a mortgage payment and a car payment would probably still qualify for Chapter 7. What happens if one’s income is so high that the means test is breached? A presumption of abuse is marked in your means test and the U.S. Trustee (UST) would have their say about the presumption of abuse matter. The UST position would be: show me documentary evidence why you qualify for Chapter 7. It is possible to overcome the presumption of abuse and still get a Chapter 7 discharge even if your income is a lot more than the state median income if you can prove to the satisfaction of the UST that you do indeed qualify for Chapter 7. If you are short on your documentation, the UST will file a motion to dismiss your Chapter 7 case based on the abuse of bankruptcy law. This gives you a chance to argue why you are eligible for Chapter 7 discharge despite the objection of the UST before the bankruptcy judge in charge of your case. I would say that it’s difficult to convince the judge if the UST has filed its motion to dismiss unless you have good and complete documentation to support your case for getting a Chapter 7 discharge. For instance, you give $500 a month to your favorite charity. With this deduction, you pass

the means test for Chapter 7, but the UST files its motion to dismiss as they object to your claim of a charitable deduction. You argue that you do indeed give $125 in cash to your church every week, with a grand total of $500 a month. Without this deduction, your disposable income is $500 a month, dislodging you from Chapter 7 and tracking you into Chapter 13 instead. The UST asks for proof that you actually give $500 a month to your church. Since you donate in cash, there is no documentary proof of your weekly donation. You submit a picture of your hand putting $125 of cash into the cash box of the church every Sunday for one month. The UST pretty much says that they don’t believe your picture evidence. The UST says that your income tax returns for 2017 do not claim any charitable donation. You argue that your CPA was drunk when he prepared your tax returns. Will the bankruptcy judge side with you or the UST? I think the odds are against you. The UST and federal judges are well qualified in what they do. If you can’t pass the means test for Chapter 7, no matter how hard you try, you should really consider filing Chapter 13 instead. Chapter 13 lets you reorganize your financial resources in such a way that you pay possibly only a small portion of what you owe. For example, you owe $50,000 of credit cards. In PAGE B6

Can I qualify for a green card despite the petitioner’s death? Barrister’s Corner Atty. Kenneth UrsUA reyes COnSIDEr this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in turn revokes the petition. Can you still apply for your green card when your priority date becomes current? Under Section 204(l) of the immigration and nationality act, you may apply for a green card despite the death of the petitioner once your priority date becomes current as long as 1) you were in the United States at the time of the Petitioner’s death, and 2) you continuously resided in the United States until the present time when you apply for adjustment of status. This provision does not apply to beneficiaries that are outside the United States. This provision also applies to both approved and pending Petitions. This avenue is available to all family based petitions as outlined in InA section 204(l)(2). This includes 1)immediate relative petitions and 2)preference family petitions such as unmar-

ried sons and daughters of us citizens, spouses and unmarried sons and daughters of lpr, married sons and daughters of us citizens, and brothers and sisters of us citizens. Derivative beneficiaries of pending or approved employment- based immigrant visa petitions are also covered by this section. This includes the spouse and unmarried children under age 21 of an individual who was sponsored under the employment-based category. If you fail to meet the requirements of InA 204(l) because you did not continously reside in the US since the death of the Petitioner, you may still try to reinstate the Petition under 8 CFr Sec. 205.1(a)(3) Humanitarian reinstatement. The DHS (Dept. of Homeland Security) may exercise discretion “for humanitarian reasons” to reinstate the petition and to allow the Affidavit of Support requirements to be satisfied by the qualifying I-864 of a spouse, parent, mother-inlaw, father-in-law, sister-in-law, brother-in-law, grandparent, or grandchild or legal guardian of the beneficiary, as long as the petition was “approved” prior to the Petitioner’s death. DHS discretion does not mean “guaranteed” approval. The case will be evaluated on a case by case basis. Some of the factors that the DHS may consider are 1) disruption of an established family unit; 2) hardship to US citizens or lawful permanent residents; 3) beneficiary is elderly or in poor health; 4) beneficiary has had lengthy residence in the

US; 4) beneficiary has no home to go to; 5)undue delay by USCIS or consular officer in processing petition and visa; 6) and Beneficiary has strong family ties in the United States. The beneficiary must be prepared to show proof of the original I-130 that was filed, proof of I-130 approval if approved, a copy of the Petitioner’s death certificate, proof of substitute sponsor’s relationship to the beneficiary, and meet all the I864 requirements. *** Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, APLC. This article is not a solicitation. *** Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association. He is a member of the Family law section, Estates and Trust, and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APLC. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail Kenneth@ kenreyeslaw.com. Web: kenreyeslaw. com

LA WEEKEND ASIAN JOURNAL • JANUARy 9-12, 2021

Tapat Sa Batas Atty. rheA sAmson nOOnG nobyembre 14, 2020, ang United States District Court ng Eastern District of new York ay nag-isyu ng Memorandum and Order sa patuloy na alitan tungkol sa Deferred Action for Childhood Arrivals (DACA) program at ang mga aksyon at pagsisikap ng Trump administration na ipatigil ang DACA. Binigyan ng United States District Court ng order ang Trump administration na ibalik muli ang DACA. Alinsunod sa Order ng United States District Court, inihayag ng USCIS na simula Disyembre 7, 2020, ito ay tatanggap ng mga susunod na applications mula sa DACA Dreamers: (1) first-time requests para sa deferred action sa ilalim ng DACA ayon sa DACA policy bago mag-Setyembre 5, 2017 at naayon sa Court Order noong Disyembre 4, 2020; (2) DACA renewal requests ayon sa DACA policy bago mag-Setyembre 5, 2017 at naaayon sa Court Order noong Disyembre 4, 2020 (3) applications for advance parole documents ayon sa DACA policy bago mag-Setyembre 5, 2017 at naaayon sa Court Order noong Disyembre 4, 2020. Maliban dito, alinsunod sa Court Order, ang USCIS ay: (1) mag-extend ng grant of deferred action mula isang taon hanggang dalawang taon; at (2) mag-extend ng employment authorization documents sa ilalim ng DACA mula isang taon hanggang dalawang taon. Ang first-time DACA request at renewal ng DACA ay maaaring ifile kung ang DACA Dreamer ay eligible sa ilalim ng initial 2012 DACA guidelines: (1) siya ay wala pang 31 taon gulang noong Hunyo 15, 2012; (2) siya ay dumating sa US bago ang kanyang 16 taon kaarawan; (3) siya ay nananatiling nakatira sa US mula Hunyo 15, 2007 hanggang sa kasalukuyan; (4) siya ay nasa US noong Hunyo 12, 2012 at noong siya ay humingi ng unang DACA; (5) siya ay walang status noong Hunyo 15, 2012; (6) siya ay kasalukuyang nag-aaral, naka-graduate ng high school or nakakuha ng GED certificate; (7) siya ay walang felony conviction, walang conviction para sa significant misdemeanor, o conviction para sa tatlo o mahigit pang misde-

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DACA update meanor; at (8) siya ay hindi threat sa national security at safety. Maliban dito, ang DACA renewal ay maaaring gawin ng DACA Dreamer kung: (1) siya ay hindi umalis ng U.S. noong Agosto 15, 2012 (o pagkatapos ng petsang ito) na walang advance parole; (2) siya ay patuloy na nakatira sa US mula sa kanyang unang DACA application at approval; (3) siya ay walang felony conviction, walang conviction para sa significant misdemeanor, o conviction para sa tatlo o mahigit pang misdemeanor; at (4) siya ay hindi threat sa national security at safety. Ayon sa Department of Homeland Security (DHS), ito ay susunod sa Court Order habang ito ay epektibo. Subalit, ang DHS ay maaaring humingi ng relief mula sa Court Order. Kaya’t hinihikayat ang mga eligible DACA Dreamers na mag-file ng kanilang DACA applications at renewal. On november 14, 2020, the United States District Court of the Eastern District of new York issued a Memorandum and Order on the ongoing dispute over the Deferred Action for Childhood Arrivals (DACA) program and the Trump administration’s efforts to end it. The Court ordered the Trump administration to reinstate DACA. Pursuant to the Order of the United States District Court, the USCIS stated that effective December 7, 2020, it will be accepting the following applications for DACA Dreamers: (1) first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on terms of DACA policy in effect prior to September 5, 2017 and in accordance with the Court’s Order dated December 4, 2020; (2) DACA renewal requests based on terms of DACA policy in effect prior to September 5, 2017 and in accordance with the Court’s Order dated December 4, 2020; (3) applications for advance parole documents based on terms of DACA policy in effect prior to September 5, 2017 and in accordance with the Court’s Order dated December 4, 2020. Also, pursuant to the Order, the USCIS will: (1) extend one-year grants of deferred action to two years; and (2) extend one-year employment authorization documents under DACA to two years. A first-time request and request for renewal of DACA may be made if the DACA Dreamer

meets the initial 2012 DACA guidelines: (1) he was under 31 years old as of June 15, 2012; (2) he came to the U.S. before reaching his 16th birthday; (3) he has continuously resided in the U.S. since June 15, 2007 up to the present time; (4) He was present in the U.S. on June 12, 2012 and at the time of making his request for consideration of deferred action with USCIS; (5) he had no lawful status on June 15, 2012; (6) he is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the US Armed Forces or US Coast Guard; and (7) he has not been convicted of a felony, a significant misdemeanor, three or more misdemeanors, and does not otherwise pose a threat to national security or safety. In addition to the above, DACA renewal may be made if the DACA Dreamer: (1) did not depart the U.S. on or after August 15, 2012 without advance parole; (2) has continuously resided in the U.S. since submission of the most recent DACA request that was approved; (3) has not been convicted of any felony, a significant misdemeanor, or three or more other demeanors; (4) does not otherwise pose a threat to national security or public safety. The Department of Homeland Security (DHS) stated that it will comply with the Court Order while it remains in effect, but DHS may seek relief from the Court Order. Thus, eligible DACA Dreamers are encouraged to file their DACA applications and renewal.. *** ATTY. RHEA SAMSON is the principal of SAMSON LAW FIRM, P.C. She has been a member of the State Bar of California for over 15 years and the Integrated Bar of the Philippines for over 20 years. Atty. Samson received her Legal Management degree from the Ateneo de Manila University and her Juris Doctor degree from the Ateneo Law School. She was a Professor for over 10 years, teaching Obligations and Contracts, Labor Laws and Social Legislation and Taxation Law. Atty Samson is the author of The Law on Obligations and Contracts (2016), Working with Labor Laws-Revised Edition (2014) and Working with Labor Laws (2005). SAMSON LAW FIRM, P.C., 3580 Wilshire Boulevard, Suite 1710, Los Angeles, CA 90010; Phone: (213) 381-5710; Email: info@ samsonlawfirmpc.com. (Advertising Supplement)


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How does the bankruptcy means test... More employees covered by family

PAGE B5 Chapter 7, you don’t have to pay the $50,000; the discharge order just wipes them out. In Chapter 13, you might have to pay $200 a month for 60 months, or $12,000. If you complete all 60 payments of $200 each, the court will discharge or wipe out $38,000 of your credit cards. I have a senior client who couldn’t file a Chapter 7 because she had sold her house to her brother in law for $120,000

below market price. I advised her against Chapter 7 unless she wanted to risk losing her house. She did this because when her husband died two years ago, she could not afford to make the mortgage payments anymore. Her brother-in-law allowed her to stay in her house, which now belonged to him, for as long as she wanted, without rent. This was a verbal agreement. The client was 74 years old. The arrangement worked for her be-

cause even if she just rented a room, she would have to pay at least $500 a month. So, if she lived another 20 years, living in her house rent-free would be like getting back $120,000 over 20 years. Even if she passed the means test with flying colors since her only income now was social security of $1,300, there was a big chance that the Chapter 7 trustee would invalidate the sale of the house to the brother in law since it was sold below market price only two years ago. If this happened, it would be a big disaster because she would lose the roof over her head immediately and she would have nowhere to go. The court confirmed her Chapter 13 plan recently where she paid only $152/month for 60 months. If she completes her Chapter 13 plan payment, the court will discharge $53,000 of her $60,000 credit cards. In other words, her Chapter 13 plan approved by the court will discharge 90 percent of her credit cards if she pays 10 percent of those cards over five years. There is no interest accruing during the five years because, with Chapter 13, credit cards cannot charge interest. All payments go to the reduction of principal. People have different kinds of financial hardship, but they all benefit from total elimination of debt in Chapter 7 or partial elimination of debt in Chapter 13. Either way, they end up with no debt eventually. I can say with certainty that 100% of my clients are better off with no debt after a bankruptcy discharge. They all become productive again and are much happier living their lives debt-free. Most, if not all, have rebuilt their credit after only a couple of years. *** DISCLAIMER: NONE OF THE FOREGOING IS CONSIDERED LEGAL ADVICE. EACH CASE IS DIFFERENT. *** Lawrence Bautista Yang specializes in Bankruptcy, Business, Real Estate and Civil Litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S. Fremont Ave., Mailstop 58, Building A-10 South, Suite 10042, Alhambra, CA 91803. (Advertising Supplement)

leave rights this new year!

Time to bond with a new child or care for family Protecting Employee & Consumer Rights Atty. C. Joe SAyAS, Jr. Q: My spouse and I are expecting a baby in a couple of months and we are trying to figure out how much family leave we are entitled to so we can each spend quality time with our newborn. My spouse works at a small office and I work at a medium sized company in Los Angeles. What are our rights? A: California has good news for you! Senate Bill 1383, which takes effect this year, now requires employers with five or more workers to offer 12 weeks of unpaid time off for family leave. Before the signing of this new law, under the California Family Rights Act (CFRA), only employers with 50 or more employees were required to grant employees up to 12 workweeks of unpaid protected leave during any 12-month period to bond with their new child, or to care for themselves, a child, a parent, or a spouse. Thus, under the old law, an employer could refuse to grant the request for leave if the employer employs less than 50 employees within 75 miles of the worksite where the employee is employed. [Even current law under the New Parent Leave Act (which is different from CFRA) only employers with at least 20 or

more employees are required to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child. The employee parent must have more than 12 months of service with the employer, have at least 1,250 hours of service with the employer during the previous 12month period, and works at a worksite in which the employer employs at least 20 employees within 75 miles.] The other features of CFRA remain in effect where they are not contrary to the new law. For example, to qualify for leave, employees must have had at least 1,250 hours of service with the employer during the previous 12-month period. Also, an employer may still refuse to grant leave to a salaried employee who is among the highest paid 10% of the employer’s employees; or, if they were granted leave, the employer may refuse to reinstate them to their previous position. For pregnant employees, an employer is still required to allow those disabled by pregnancy, childbirth, or a related medical condition to take a leave of absence for a reasonable time of up to 4 months before returning to work. Here, the employer is required to maintain and pay for coverage under a group health plan for an employee who takes that leave. The reasons for granting leave have also expanded. Now, employees may take leave to bond with their new child, or to care for themselves, their child,

parent, spouse, or domestic partner, and their grandparent, grandchild, and sibling. Under the old law, taking care of a grandparent, grandchild, or sibling was not a protected reason for leave. The new law also requires an employer who employs both parents of a child to grant unpaid protected leave to each employee. This means that if both parents work for the same employer, the employer must provide 12 weeks of leave to each of the parents. The employer may, but is not required to, grant simultaneous leave to both of these employees. Under protected leave, the employer must return the employee to their previous position once they come back from leave. If an employee is denied the leave, fired, or otherwise treated worse because they requested or took protected leave, they should consult with an experienced employment attorney to protect their rights. *** The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www. joesayaslaw.com. [C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.] (Advertising Supplement)

Our New Year’s challenge and wisdom to change Pastor’s Notes reverend rodel G. BAlAGtAS HOW often have we heard from fellow Christians that this pandemic calls for repentance, for a change of heart? How often have we heard them asking us to examine our priorities, to look at what matters most in life? Many times, we would say. And we would even ask these questions to ourselves. But it is not easy to take these questions to heart—to make radical changes in the way we think and act. We’re human beings with fleeting feelings and quickly troubled minds. The media and our surroundings rapidly affect our moods. We’re prone to anger and impatience. We can’t let go of our biases and personal opinions. We get hooked to frustrations, disappointments, and thoughts of people’s perceptions about ourselves. In short, we’re fragile human beings. An eloquent preacher impresses us. A brilliant insight inspires us and moves the depth of some truth, but changing one’s habits, addictions, indulgences, fears, and anger is challenging. What can we do to make real changes about ourselves? First, we need to recognize any negative emotions and rum-

ble with them to see their origins. We should see what other feelings surface beneath a dominant emotion. If we’re angry, we need to be aware that we are also frustrated, disturbed, conflicted, etc. Then, let’s bring these emotions into prayer. Let’s ask Jesus to appease us and ground us to his will. Let’s stay in His quiet presence for a few minutes. Let’s remember that Jesus became human like us. In the Gospel this Sunday, by having John the Baptist baptize him with the baptism of repentance, he entered into humanity’s sinfulness, bathing and immersing himself into the murky water of Jordan River. Indeed, we have to recognize our brokenness as human beings, but be hopeful in Jesus. It’s the Spirit of Jesus who would help us come out from the murky water of humanity and commit ourselves to constant change or renewal of life. Second, let’s be aware that another habit overcomes a habit. In other words, change requires discipline and perseverance. A bad habit does not disappear instantly. But to change it, one needs to cultivate a good one. For example, instead of getting angry, become more grateful. Instead of condemning or judging someone, empathize with this person in his or her situation. Let’s recall the great wisdom of the Prayer of St. Francis: “Lord, make me the channel of your peace. Where there is hatred, let me sow love, where

there is injury, pardon…O Divine Master, grant that I may not so much seek to be consoled as to console, to be understood as to understand, to be loved as to love…” Third, we have to find someone with whom we can share one’s distress and bare one’s soul, someone who has the right to hear our story. In this way, we could receive some counsel and needed support. Finally, we must let go and let God be in control. In spirituality, we call this the spirit of surrender to God and His mysterious designs. As Venerable Mother Maria Luisa Josefa of the Most Blessed Sacraments summoned a fellow nun: “You must not see yourself as being alone. On the contrary, now you are most accompanied than ever before because Our Lord is always with those who suffer. Talk to Him. Trust Him with all your sufferings. Tell Him about your doubts and abandon yourself entirely into His Hands.” May this New Year fill us with the courage and wisdom to change our ways to become the best version of ourselves with God’s help. A blessed New Year to all! *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff. *** Fr. Rodel “Odey” Balagtas is the pastor of Incarnation Church in Glendale, California.

Why Bong is for ABS-CBN...

PAGE B2 daughter Inah (who has just given birth to her and husband Vince del Rosario’s third child; the family is based in Davao). That Inah’s whole family was infected was painful, too. We are happy and thankful that we have all recovered. What I am thankful to God is that other members of my family are safe despite the trials we, and everybody else, are going through. The best lesson that I learned from the past year is for us to keep on fighting, kailangan tayong maging matatag (we should be strong) at kapit lang tayo sa Diyos (hold on to God). “My wish this year is for everybody to be COVID-free so that we

can all go back to normal. At sana ‘yung vaccine will be the solution to this pandemic.” During the pandemic, Bong was able to lock-in shoot 13 episodes (one season) of the adventure series Agimat ng Agila which starts airing on GMA either in March or April. “It has an all-star cast, shot like a movie,” noted Bong who co-stars with, among others, Sanya Lopez, Michelle Dee, Sheryl Cruz, Benjie Paras and Allen Dizon, directed by Rico Gutierrez who was incharge of the special effects of Bong’s movie Ang Panday, his commercials and his Kapuso TV show Kap’s Amazing Stories.

The agimat (amulet) was inherited by Bong from his dad Don Ramon who was then confined at the ICU, captured on video. “At first,” recalled Bong, “I told him, ‘You need it.’ But he said, ‘You need it more.’ I cry every time I watch the video.” Don Ramon’s last word to Bong was, “Take care of the family.” Added Bong, ‘When I was acquitted, my dad was relieved. He said, ‘Puede na akong mamatay (I can die now).’ I told him, ‘Not yet, not yet.’ Several weeks later, he was gone.” The agimat worked for Don Ramon and it should also work for Bong.

Ryza to teach Baby Night... PAGE B2 bear with me my child as I still have so much to learn as your mommy.) “Promise ni mommy sa yo na I’m always here for you, kahit nasaan ka pa. Kapag kinailangan mo ko andito lang ako ok?

Love na love ka namin ni Dada wag mo kakalimutan yun,” she added. (Mommy promises that she will always be here for you, wherever you go. When you need me, I will always be here, ok? Me and your dada love

you very much, don’t you ever forget that.) Cenon gave birth to Night, her first child with her boyfriend, cinematographer Miguel Cruz, on Oct. 31, 2o20. She publicly confirmed that she was pregnant in August 2020.


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