JUNE 27-30, 2020 Volume 30 - No. 50 • 2 Sections – 20 Pages
US report: Philippines remains a destination for foreign terrorists by RITCHEL
MENDIOLA
AJPress
THE Philippines remains a top destination for foreign terrorists despite the government’s continued efforts to enforce measures against security threats, a recent U.S. State Department study found. In its Country Reports on Ter-
DATELINE
rorism 2019 released on Wednesday, June 24, the United States found that the Philippine government struggled to apply a concerted approach to prevent terror attacks, as foreign fighters from Indonesia, Malaysia, and countries in the Middle East and Europe continued to arrive in the Philippines. The report also cited terror
groups, such as the Abu Sayyaf, Bangsamoro Islamic Freedom Fighters (BIFF), Ansar al-Khalifa Philippines (AKP) and the Maute group, which were all active in 2019 and linked to the Middle East-based Islamic State. “The Abu Sayyaf Group has committed kidnappings-for-ransom, bombings, ambushes of u PAGE A2
Bill seeks to rename Manila’s NAIA
USA
by AJPRESS
FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
Majority of young people in the US are non-white for the first time ever Asian population sees biggest population rate growth
THE United States has grown more racially and ethnically diverse over the last decade and is expected to grow even more so as the nation’s non-white population increases. According to the latest population estimates by the U.S. Census Bureau released on Thursday, June 25, non-whites made up the majority of people under the age of 16 in 2019 for the first time ever. Meanwhile, the white population in the U.S. has seen a decrease in the past 10 years primarily due to the number of births being overshadowed by the number of deaths. The decrease in births in the demographic has been made evident by the decrease in people under the age of 18 in the last decade. The nation’s white population in 2019 was u PAGE A3
VIRTUAL SUMMIT. President Rodrigo Duterte gives his intervention as he joins other leaders from the Association of Southeast Asian Nations (ASEAN) member countries during the 36th ASEAN Summit video conference at the Malago Clubhouse in Malacañang on Friday, June 26. Malacañang photos by King Rodriguez
Ninoy Aquino International Airport (NAIA) Terminal 3
MANILA’s Ninoy Aquino International Airport could be renamed “Paliparang Pandaigdig ng Pilipinas” through a new bill filed in the Philippine House of Representatives. Authored by Deputy Speaker Paolo Duterte, Marinduque Representative Lord Allan Jay Velasco, and ACT-CIS Representative Eric Go Ya, House Bill No. 7031 proposes a change to the airport’s name. “NAIA is the international gateway of the Philippines, being the biggest and largest international airport in the country. As such, Philstar.com photo there is a need to identify the same as be-
US hits record high in daily cases five months since its first confirmed case by RAE
ANN VARONA AJPress
IT’S been five months since the U.S. Centers for Disease Control and Prevention announced the first known case of COVID-19 in the United States — a Washington State man in his 30s who had arrived from a trip to Wuhan. Since then, cases have been climbing with California being the country’s new hotspot.
On Thursday, June 25, the U.S. reached a record of coronavirus cases in a single day with 37,077 new cases, according to John Hopkins University. The last recorded high for new cases was back in April. The U.S. total of infections now reaches over 2.4 million people and over 124,000 deaths. In California, the first state that ordered a lockdown, the number of coronavirus u PAGE A4
Affirmative action measure to appear on Los Angeles hospital spearheads research to CA’s November ballot understand cancer trends in Fil-Am community THIS upcoming November election, California voters will get to decide whether or not the state should restore affirmative action after a measure was approved by the state Senate on Wednesday, June 24. The state Senate voted 30-10 to include ACA 5, a proposed constitutional amendment that would reverse Proposition 209, a prohibition on affirmative action, and to once again allow public universities to consider race in admissions and the government to prioritize womenowned and people of color-owned businesses when granting contracts. Voters approved Proposition 209 in 1996 when that measure’s proponents argued for a color-blind approach to opportunity. But the senators that voted in favor of affirmative action say that the ban on the policy has disproportionately slighted women and people of color. “California’s ban on equal opportunity programs, such as affirmative action, denies u PAGE A3
longing to the Philippines. Hence, the proposed renaming to ‘Paliparang Pandaigdig ng Pilipinas,’” they said in the bill’s explanatory note. They added, “With the proposed name, the airport will easily be identified as the international doorway of the country, in view of it being in Filipino language and branding it as the international airport of the Philippines.” Rep. Duterte also stressed that the proposed name “bears no color, no political agenda.” “We need a more representative branding for the international gateway of our country, u PAGE A2
by AJPRESS CEDARS-Sinai Medical Center in Los Angeles is spearheading a research program into the Filipino American community’s knowledge, attitudes and behaviors toward cancer and prevention. The survey, entitled “Survey of Cancer Knowledge, Attitudes and Behaviors in the Filipino Community,” seeks participants to answer questions about what they know about cancer, prevention, and access to health care. The questionnaire, available online at ceda.rs/cancersurvey, is voluntary and open to Filipino individuals 18 and over living in California. “As the Director of Research Center for Health Equity, it is very important for us to conduct the Filipino Cancer and Healthcare in Los Angeles Survey so that we
can better understand current beliefs and practices relevant to cancer prevention and control,” Dr. Robert W. Haile, director of the hospital’s Research Center for Health Equity, told the Asian Journal in an email. Other questions cover cancer risk factors like smoking, drinking and exercise habits and one’s medical history. The initiative builds from Philippine Ambassador to the United States Jose Manuel Romualdez’s visit last September wherein he and doctors and officials at the medical center discussed the need for a comprehensive profile of the state of Fil-Am collective health. Cedars-Sinai’s Research Center for Health Equity conducted an initial survey this past summer and received about 500 respondents from the Fil-Am community. Initial results showed Fil-Am women havu PAGE A2
A mother holds a newborn’s hand.
Inquirer.net photo
Nearly 2 million babies expected to be born in PH due to lockdown by RITCHEL
MENDIOLA AJPress
was 1.7 million. Now the UP Population Institute has made a projection, in coordination CLOSE to two million babies with the UNFPA, that there will are expected to be born in the be 214,000 additional [births]. Philippines in the coming year So it would appear that 1.9 or due to the lack of access to con- almost 2 million babies are [extraceptives during the coronavi- pected] next year [to be born] in rus lockdown, the Commission the Philippines,” Undersecretary on Population and Development Juan Antonio Perez III, executive said on Thursday, June 25. director of PopCom, told ABSThe commission estimated CBN’s Teleradyo. the figure based on a study from He added that 10% of these the University of the Philippines births would come from women Population Institute and the aged 20 and below. United Nations Population Fund The baby boom is due to the measuring the pandemic’s im- quarantine period, which has pact. made it harder for families to go “The regular number of births to health centers where contrain the Philippines, like in 2018, u PAGE A2
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From the Front Page
Los Angeles hospital spearheads research to...
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ing higher rates of breast cancer as well as the highest incidence of thyroid cancer and obesity. The hospital has done similar inquiries into other underserved populations, such as the Korean American and Hispanic communities, by conducting outreach and screenings at churches and other local events.
The center has been reaching out to the Philippine Consulate General in Los Angeles and other community organizations to gather about 1,000 responses for the study. “Eventually we will design interventions that will better serve the Filipino community which is an important growing segment of our population,” Haile said,
adding, “Based on the results, we then hope to expand ongoing programs, focused first on enhancing compliance with cancer screening guidelines. We hope to launch these efforts next year.” Cedars-Sinai employs more than 3,000 Filipino Americans, as previously reported by the Asian Journal. n
Nearly 2 million babies expected to be born...
PAGE A1 t ceptives are made available. “According to UP, if the lockdown continues, more women won’t be given [contraceptives]. If 600,000 [women] are not given family planning supplies, at least 200,000 unplanned pregnancies are expected,” Perez said. He also said that over 400,000 women are projected to drop out of the country’s family planning program. “Looking at these numbers, we foresee that because of the
restrictions of movement as well as the reduction of access of women and men to family planning supplies, there will be at least one pregnancy for every three women with an unmet need for family planning,” Perez said. “Those are just some of the adverse impacts of the community quarantine to the welfare of our families, which further aggravates the situation of the ongoing health crisis,” he added. Perez stressed that family
planning should still be top-ofmind for everyone amid the lockMARKET CLOSED. The Quezon City government orders temporary closure of Muñoz public market along Roosevelt Avenue corner EDSA, down caused by the pandemic. “Not only for those directly Quezon City on Friday, June 26. The local government will conduct disinfection in the area due to a reported COVID-19 positive case at its dry goods section. PNA photo by Robert Oswald P. Alfiler involved in service-delivery, but also for all men and women— mothers and fathers, and even our teenage children—who can make a difference by doing their very best to avoid being added PAGE A1 t early morning attack clash in Sathe country. as a statistic to the abovemen“The CPP/NPA primarily tar- mar, killing six Philippine troops. tioned numbers; that is, to en- security personnel, public beThe government has made sure that they help reduce the headings, assassinations, and ex- gets Philippine security forces, government officials, local infra- some strides in compliance with incidences of unplanned preg- tortion,” the report said. It noted that ASG was respon- structure, and businesses that re- United Nations Security Council nancies,” he said. n sible for incidents like conduct- fuse to pay extortion, or ‘revolu- (UNSCR) 2396, which included ing kidnapping-for-ransom op- tionary taxes.’ The CPP/NPA also trying to curb terrorist travel and erations targeting Canadian, has a history of attacking U.S. improving information sharing Norwegian, German, and Filipino interests in the Philippines,” the with foreign partners. However, the report noted citizens in 2016 and 2017, killing report said. It added, “Over the past sev- that the proposed amendments nine people and injured others in an attack on Basilan Island in Au- eral years, the CPP/NPA has to strengthen the 2007 Human gust 2017, and detonating a car continued to carry out killings, Security Act are still pending in bomb at a military checkpoint on raids, kidnappings, acts of extor- Congress as of the end of 2019. The controversial Anti-TerrorBasilan Island, killing 10 people, tion, and other forms of violence including a Philippine soldier and primarily directed against Philip- ism Act of 2020, which seeks to pine security forces.” strengthen the HSA, has yet to pro-government militia. According to the report, the be signed by President Rodrigo The report also tackled the continued attacks of the Communist CPP/NPA’s most deadly attack Duterte. He has 30 days to act Party of the Philippines and its happened in April 2019, when on the legislation or else the bill armed wing New People’s Army they detonated bombs by an im- will lapse into law 30 days after on security forces and civilians in provised landmine in a surprise receipt. n
US report: Philippines remains...
Bill seeks to rename Manila’s... PAGE A1 t thus our proposal renaming NAIA to the Paliparang Pandaigdig ng Pilipinas. Aside from it bearing our country’s name, it is in our national language,” he explained. “We want it to reflect the legacy of the Filipino people, our everyday heroes. The name bears no color, no political agenda. It only signifies our warmth as Filipinos in welcoming our own kababayans and foreign visitors,” he said. Velasco added, “I am confident that by doing so, it will provide us a competitive edge as our neigh-
bors open their doors, too, to visitors.” “Changing the name of NAIA to Paliparang Pandaigdig ng Pilipinas gives every Filipino a great sense of pride and ownership of the country’s biggest and largest international airport,” he continued. Yap, for his part, pointed out that the country’s airport should reflect the country and its people. “Marami naman na personalidad na karapat-dapat rin na sa kanila ipangalan ang institusyon, daan, at iba pa. Pero pagdating
sa ating paliparan, dapat ay sumalamin ito sa bansa at sa sambayanang Pilipino (There are other personalities who are also worthy to have institutions, roads and others named after them. But when it comes to the airport, it should reflect the country and the Filipino people),” he said. NAIA used to be called the Manila International Airport until Republic Act No. 6639 was enacted into law in 1987 that renamed it after the late Senator Benigno “Ninoy” Aquino Jr., who was assassinated at the airport in 1983. n
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LA WEEKEND ASIAN JOURNAL • JUNE 27-30, 2020
A
All incoming first-year students at University of Delaware assigned Jose Antonio Vargas’ best-selling memoir by Rae
FIESTA UNDER ‘NEW NORM’. Residents watch the motorcade of St. John the Baptist on the window of their houses along A. Luna Street in San Juan City on Wednesday, June 24. The feast is traditionally marked with the dousing of water along the streets, reminiscent of the baptism performed by St. John at the Jordan River. However, due to COVID-19 pandemic, the traditional “basaan” (water splash), was turned into “basbasan” or blessing by the priests. PNA photo by Joey O. Razon
Maria Ressa to be honored with press freedom award by National Press Club by AJPress RAPPLER co-founder and veteran journalist Maria Ressa will be honored with an international Press Freedom Award by the National Press Club in Washington, D.C. The journalism organization announced its selection of Ressa for the international 2020 John Aubuchon Press Freedom Award on Friday, June 26. Each year, the club confers the award to a journalist from the United States and another from overseas “who bravely pushes to disclose the truth in trying circumstances,” it said in a release. It is named after the late John Aubuchon, a former White House correspondent who served as president of the club. Ressa, who was among TIME’s 2018 “Persons of the Year,” has been a vocal critic of the administration of President Rodrigo Duterte. She was recently convicted on charges of cyber libel earlier this month for a 2012
Freedman and NPC Journalism Institute President Angela Greiling Keane said in a joint statement following her conviction. “To silence the press is to silence the people, silence accountability and silence truth. Maria Ressa’s voice will not be silenced,” they added. The 2020 Aubuchon awards will be conferred later this year, the club said. n
Rappler CEO Maria Ressa Philstar.com photo
Rappler article about a businessman, and faces up to six years in prison. “Make no mistake they are looking to silence her outspoken and fearless voice, which is often in opposition to many of the restrictive and illegal policies of the government,” National Press Club President Michael
Majority of young people in the... PAGE A1 t the lowest ever recorded at 60.1%, according to the report. The age group in which the demographic was seeing growth was in the baby boom generation — a group that in general has been seeing growth as more people born between 1946 and 1964 reach 65 years old. The median age of the nonHispanic white population last year was higher than any demographic group at 43.7. “As the nation has continued to gray, it has also grown more racially and ethnically diverse,” the release read. Experts expect the non-Hispanic white population in the U.S. to be the minority in about 25 years. Biggest growth rate among Asian population The U.S. population has in general been seeing growth in the last decade from a population number of about 308 million in 2010 to about 329 million in 2019. As steady population increases were seen in non-Hispanic groups, the Asian population saw the biggest increase of any demographic mostly due to international migration. In 2019, the Asian population in the United States was 22,861,985 — an increase of 5,185,297 or 29% since 2010. The White population in com-
parison rose 4.3% over the last decade from 248,075,996 to 258,646,488. The county with the largest Asian population of 1,716,196 in 2019 was Los Angeles County. It also had the largest numeric population increase of 180,084 or 11.7% from 2010 to 2019. Seeing the largest numeric population increase between 2018 and 2019 of 20,779 or 4.3% was Washington’s King County. Looking at U.S. counties that had a population of at least 20,000 in 2019, the Asian population in Forsyth County, Georgia grew the fastest with an increase of 3,660 or 10% between 2018 and 2019. The population also saw the largest percentage growth of 230.2% or 27,977 since between 2010 and 2019. Following in growth were Hispanics whose population grew 20% from 10,093,626 in 2010, to 60,572,247 in 2019. Black Americans saw a population increase of 11.6% or 5,004,079 in the last decade; Native Hawaiians saw a 21% increase, and American Indians or Alaskan Natives saw a 13.1% increase. Last year, data from the U.S. Census Bureau showed that the number of Filipinos in the U.S. reached 4,089,570 in 2018 — an increase of more than 52,000 from 2017. (Rae Ann Varona/AJPress)
Affirmative action measure to... PAGE A1 t women and people of color a level playing field in the workplace and in education,” said California Assemblywoman Shirley Weber (D-San Diego), who authored the measure. Among the lawmakers endorsing the measure include Black American CA Sens. Steven Bradford (D-Gardena) and Holly Mitchell (D-Los Angeles), who led a two-hour floor debate during which senators of color shared their experiences with institutional racial disparity. “There’s not enough fingers and toes in this building to count the number of times that me and my colleague from LA have walked into a room and we’re the only one that looks like us,” Bradford said. The vote was largely divided along party lines and progressive senators believe that the 1996 vote has resulted in failed efforts to establish diversity among college campuses, school staff, recipients of government contracts and police departments. Previous efforts to reverse the affirmative action prohibition have failed, but proponents of the measure hope that the current climate regarding race in America would
lead to the passing of ACA 5. Several Chinese American groups oppose ACA 5, arguing that it would unfairly discriminate against and establish quotas on Asian American student admission. Sen. Ling Ling Chang (R-Diamond Bar) shared these sentiments on the Senate floor, calling affirmative action a vehicle for “discrimination” and encouraging the Legislature to explore other ways to ensure students of color are fairly considered in college admissions. “Let’s work together over the next year on how we can accomplish our goals without using discrimination as the main tool to fight discrimination,” Chang said. However, the ACA 5 garnered vast support from organizations that serve communities of color like the Asian & Pacific Islander Legislative Caucus, which endorsed it on Monday, June 22, saying that prohibiting affirmative action doesn’t promote colorblindness, “it’s blindness toward structural racism.” As all ballot measures, ACA 5 only needs a simple majority vote to pass and does not need approval from Gov. Gavin Newsom. (Klarize Medenilla/AJPress)
ann VaRona AJPress
ALL incoming first years students at the University of Delaware will be required to read the memoir “Dear America: Notes from an Undocumented Citizen” by Filipino American Pulitzer Prize-winning journalist Jose Antonio Vargas, before heading to campus this fall. The reading assignment was chosen as this year’s 2020 First Year Common Reader and is meant to introduce students to different perspectives and encourage dialogue. “The common reader selection provides a unique opportunity for students to engage in meaningful conversations with fellow students, and to begin to share in the intellectual life of the entire University of Delaware community,” Avron Abraham, faculty director of the University of Delaware’s Center for Academic Success, told the Asian Journal. Abraham said the book was chosen by a committee made up of faculty, staff, and students who believed the book mirrored the struggles of the many undocumented immigrants in the U.S. today. “Dear America” was published in 2018 and followed Vargas’ New York Times Magazine essay, “My Life as an Undocumented Immigrant” in 2011; his Time cover story, “Not Legal
Not Leaving,” in 2012; and his film “Documented” released in 2013. The best-selling memoir details Vargas’ journey from the Philippines to the U.S. when he was just 12 years old, while diving into personal experiences all undocumented people share. In the book, Vargas positions himself early on as “one of an estimated 11 million [undocumented] here in the United States.” “The committee felt that in this time of self-reflection and racial tension, it was important to highlight the issues Vargas explores in his book, including one of the most divisive questions facing our country today: how do you define ‘American’?” said Abraham.
Common Reader book assignments are read the summer before students arrive on campus and are complemented throughout the students’ first semester with speakers and other cultural events created around the book’s themes. Given the current COVID-19 pandemic, the university said that events and discussions will continue, though the format of such events will evolve in the upcoming months. Previous common readers have been “Educated” by Tara Westover; “Lab Girl” by Hope Jahren; “The Underground Railroad” by Colson Whitehead; “When the Emperor Was Divine” by Julie Otsuka; and “Just u PAGE A4
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US hits record high in daily cases five...
NEW HOSPITAL. Manila City Mayor Francisco “Isko Moreno” Domagoso (left), and Vice Mayor Dra. Honey Lacuna (right), lead the groundbreaking ceremony of the P2.3-billion “Ang Bagong Ospital ng Maynila” on Wednesday, June 24. The groundbreaking of the 10-storey hospital coincides with the 449th founding anniversary of Manila. PNA photo by Avito C. Dalan
US remains ‘committed’ to ‘free navigation, flight’ over disputed seas by Dempsey
Reyes ManilaTimes.net
THE United States remains “committed” to ” maintaining a free and open Indo-Pacific that protects the sovereignty of every nation, ensures the peaceful resolution of disputes without coercion, and promotes free, fair, and reciprocal trade, and preserves freedom of navigation and overflight”. Gen. Charles Q. Brown Jr., commander of the US Pacific Air Forces (PACAF), issued the statement amid reports that China planned to declare an air defense identification zone (ADIZ) over the disputed South China Sea (West Philippine Sea). “If the PRC (People’s Republic of China) were to claim an ADIZ in the South China Sea, it impacts all of the nations…and it actually goes against — as I said earlier,
a free and open Indo-Pacific is to fly sail, and operate wherever international law allows,” Brown said during a telephonic briefing with reporters on Wednesday, June 24. Brown said a “free and open Indo-Pacific is for all a safe, secure, prosperous and free region that benefits all nations, allowing all nations to fly, sail and operate wherever international law allows”. The South China Morning Post reported in late May that China had been making plans to establish ADIZ over South China Sea since 2010 and this would cover Pratas, Paracel and Spratly islands. It quoted an anonymous source from the People’s Liberation Army, who mentioned that the plan will be announced at a proper time. The Chinese Foreign Minis-
try said that it was possible for Beijing to declare an ADIZ, citing that it will depend on the “threats” in the disputed waters. The Spratly group of Islands, or referred to as the Kalayaan Island Group, is where the Philippines’ nine occupied territories are located namely the Pagasa (Thitu) Island; Likas (West York) Island; Parola (Northeast) Cay; Lawak (Nanshan) Island; Kota (Loaita) Island; Patag (Flat) Island; Panata (Lankiam) Cay; Rizal (Commodore) Reef; and Ayungin (Second Thomas) Shoal. “It’s important for us to pay attention to something like this,” Brown said. “This is probably–it really goes against the rulesbased international order, and that’s concerning not only for PACAF and the United States, but I would say many of the nations in the region.” n
All incoming first-year students at University... PAGE A3 t
Mercy” by Bryan Stevenson among others. Last year, incoming freshmen at St. Bonaventure University in Saint Bonaventure, New York were required to read Vargas’ book as the university’s all-cam-
pus read. Events and conversations were also held throughout the year for students to discuss the book’s themes. In 2018, freshmen at St. Edward’s University in Austin, Texas were also assigned the book. “Thank you to ALL the U.S.
colleges and universities—public and private—who have assigned #DearAmerica to their students,” Vargas tweeted. “I love that the book is being taught in English classes, in addition to immigration, race and ethnic-oriented courses.” n
PAGE A1 t cases also reached a new high of 200,451 cases as of Friday morning. Earlier in the week, it reported a new daily record with more than 5,000 new cases on Monday. That record was eclipsed a day later with a new high of 7,149 new cases. A great majority of California’s cases come from Los Angeles which had more than 89,600 cases as of Friday morning, according to data from John Hopkins University. The increase in cases hasn’t been stopping many from going out as many establishments have been opening up as part of the state’s reopening plan. California is currently in Stage 2, which allows “lower risk workplaces” and nonessential businesses to operate provided they follow public health precautions. However, Newsom made clear that California would not be going through the next stages if the state did not see any improvements. “To the extent we do not see progress being made, and we’re not advancing the cause of public health and public safety, then we certainly reserve the right to put a pause in terms of advancing into the subsequent phase,” Newsom said on Thursday. “We have the capacity and ability to toggle back in terms of the stay-athome order and the guidance we put out. Meanwhile, health experts urge the public to understand that despite restrictions loosening up, the virus still exists and that guidelines and information surrounding the virus may change. “We’re all learning about this virus in real time,” said Dr. Lisa Maragakis, senior director of infection prevention in the John Hopkins Health System, at a recent roundtable. “Whatever recommendations we make today may look differently after about a month.” Below are some things to continue to keep in mind as reopenings happen. COVID-19 impact on health Early on, health officials have said that older people and those with pre-existing medical conditions such as asthma, diabetes, and heart disease are more vulnerable to severe illness or death from the coronavirus. However, officials have increasingly made it point to emphasize that younger people are far from safe from the virus. In fact, the growing percentage of new coronavirus cases in the surging states and cities are made up of mostly younger people. Officials attribute increases in the age group to the fact that many states have begun reopening establishments frequented by young people like restaurants and bars, thus allowing the virus to spread widely. The danger comes as those who are pre-symptomatic or asymptomatic bring the virus home to loved ones who are older or are more vulnerable. Public health officials and other health experts have also been trying to understand how the virus affects communities of color. “We are still in a pandemic, and so following the death of George Floyd, there have been a lot of protests,” said Dr. Sherita Hill Golden, vice president and chief diversity officer at John Hopkins Medicine. She added, “If we think about what is at the root of the protests about police brutality, and then look at the COVID-19
disparities, they really have the same root and the structural racism, and the discrimination. That’s really what everyone is trying to address.” According to the LA County Department of Public Health, Latinos and Hispanics currently have the highest mortality rate at 38 deaths per 100,000 people followed by Black Americans at 37 deaths per 100,000 people. Asian Americans have also seen relatively high mortality rates at 25 deaths per 100,000 people. Among White Americans, the mortality rate is 19 per 100,000 people. Mortality rates have also been found to be higher in areas of poverty at 64 deaths per 100,000 people. “We’ve been pushing to make sure that those communities are screened and informed because they have a very high infection rate and then can also pass that on to additional vulnerable populations,” said Golden. Push for contact tracing The term “contact tracing” has been heard a lot in recent months and refers to the process of managing the spread of the coronavirus through chains of transmission. Experts say contact tracing is especially needed as communities begin opening up. The White House has announced a plan for widespread testing and contact tracing with roughly 28,000 people doing contact tracing across the U.S., however much work is still needed. “It’s not going well. I have to tell you, it’s not going well,” White House health advisor Dr. Anthony Fauci told CNBC’s Meg Tirell in an interview on Friday, June 26. “What we need to do is we need to rethink, and we are right now, the idea of many more tests getting into the community and even pooling tests.” In California, a contact tracing program called California Connected was introduced and involves local public health departments contacting those who have tested positive as well as those who have been in contact with someone who tested positive via phone call. “We’re seeing surges of cases now, so we need to build this capacity so we can manage this in a more effective way,” said Dr. Crystal Watson, a senior scholar at the John Hopkins Center for Health Security. “This is not an easy thing to do,” she added, emphasizing the need for a massive workforce upgrade for contact tracing. “We’ve never scaled up a public health workforce to this level before.” John Hopkins School of Public Health has put out a free Contact Tracing course on Coursera.org. Over 440,400 have already enrolled. Both Apple and Google launched a program last May to provide states with tools to build contact tracing apps, however, they too found themselves stalled with one reason being privacy concerns. In response to privacy concerns, Watson said that while contact tracing has already been used prior to the COVID19 pandemic, public health officials need to make sure they address privacy concerns to mitigate public fear. Treatments According to World Health Organization (WHO) data, approximately 200 COVID-19 vaccines are currently being developed. However, no vaccine is yet available and likely won’t be for some time.
While the race for a vaccine continues, other treatments are in the works and include antibodies, antiviral therapies, and convalescent plasma. One of the most popular antiviral drugs, remdesivir, recently got the green light to begin human trials for an inhaled version of the drug. Gilead Sciences, which manufactures remdesivir, plans to begin studies in August. Another promising treatment touted by scientists has been convalescent plasma therapy, a form of immunity therapy that uses blood plasma from patients who have already recovered from the coronavirus and who have developed antibodies. The treatment has previously been used to treat severe flu, MERS, and SARS. “The convalescent plasma research is going to help to improve the hyper immunoglobulin research which will hopefully get us to a vaccine sooner,” said Dr. Shmuel Shoham, an associate professor of medicine at the university. The new ‘normal’ The outbreak has undoubtedly altered daily life. As efforts for a vaccine and other treatments continue, health officials continue to emphasize that avoiding contracting the virus is the best way to survive it. This means practicing good hygiene, limiting group gatherings, keeping safe distances of at least six feet, and wearing face coverings. Masks continue to be crucial in getting through the pandemic given that the virus can spread through coughing, sneezing, or even speaking. As people head outside — whether it be protests or other gatherings — Golden said that it is important people to wear masks, socially distance themselves as much as possible, engage in hand hygiene by carrying lots of hand sanitizer. Wrapping cell phones in plastic is another step people can take when around large groups. “These are all important preventive measures,” said Golden. And with the Fourth of July approaching, it’s expected that many will be heading outside for celebrations. Maragakis said that outdoor events and staying away from each other to the extent possible are the best ways to celebrate. “Outdoors is much lower risk than indoors for group activities or even just having a conversation with someone in that ambient air dilutes the virus and decreases the possibility of transmission,” said Maragakis. The risk of transmission though is still not zero. “But, indoor rally settings, or any activity like going to a concert or a sporting event — this is not the time to do that,” she added. “The risk is very high in indoor settings and people need to be very cautious.” When it comes to opening social circles, health experts encourage people to remain cautious in deciding who they decide to begin meeting. “As you bring in one new person, you’re also bringing in all the people that those people are exposed to,” said Dr. Aaron Milstone, professor of pediatrics at the university. “See whether their priorities align with your priorities.” “We are not out of the woods yet,” said Maragakis. “We need patience and perseverance to get through this crisis and to focus on the very basics of infection prevention practices that we all know.” n
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Darrick V. Tan, Esq. Licensed in California for over 17 years Licensed in Nevada for over 12 years* UCLA, Bachelor of Arts, Political Science with Cum Laude honors Southwestern University Law School, Juris Doctor Admitted to U.S. District Court, Central District of California Member, American Immigration Lawyers Association Member, Consumers Attorney Association of Los Angeles Former Member, Board of Governors, Philippine American Bar Association *Inactive
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LA WEEKEND ASIAN JOURNAL • JUNE 27-30, 2020
Dateline PhiliPPines
A
Duterte signs law restoring good manners subject OSG mulls appealing Supreme Court by CeCille
Suerte Philstar.com
Felipe
MANILA — Schools are once again going to have Good Manners and Right Conduct classes, after President Duterte signed into law on Thursday, June 25 Republic Act 11476 or the GMRC and Values Education Act. “The signing of the GMRC and Values Education Act is really timely, and I want to thank the President for his swift action on this important measure,” said Senate Majority Leader Juan Miguel Zubiri, principal author of the measure. “I hope the Department of Education can work on the IRR in time for the opening of classes
come August,” he added. “With many schools set on implementing distance learning, it’s going to be even more vital that we give our students formative guidance through GMRC and values education.” He said a strengthened GMRC and values program would hopefully make up for the blended learning methods brought about by the pandemic. “Kids are going to be at home all day, learning in isolation from their peers. They’re not going to have the natural avenues for empathetic learning that springs from face-to-face interaction with their peers and with their teachers,” Zubiri said. The law institutionalizes a
comprehensive GMRC and Values Education program in the K-12 curriculum of the DepEd, replacing the current Edukasyon sa Pagpapakatao curriculum. GMRC will be integrated into daily activities in the kindergarten level, and then it will be taught as a separate subject from Grades 1 to 6. Grades 7 to 10 will carry a Values Education subject, into which GMRC shall be integrated. For Grades 11 and 12, Values Education shall be integrated in all subjects under the K-12 Basic Education Curriculum. GMRC was dissolved as a subject under the K-12 program in 2013. n
Robredo questions government plan to bring in foreign workers for flagship projects by Bella
perez-ruBio
Philstar.com
MANILA — Vice President Leni Robredo on Friday called on the government to explain why it is considering bringing in foreigners for its flagship projects amid the COVID-19 crisis. “When [the news] first came out, the people’s reaction was that they would lose out on jobs. So I think the government has to explain to people why we’re allowing foreign workers to come in, because right now so many [Filipinos] are out of work,” Robredo told CNN Philippines in a mix of English and Filipino. The government in March suspended the visa-free privileges of foreigners in an effort to contain the coronavirus pandemic, which has infected over 33,000 people in the Philippines. Currently, only accredited foreign government and international organization officials and their dependents; and foreign spouses and children of Filipino nationals are exempted from the restriction. However, presidential spokesperson Harry Roque on Monday said the government will look into proposals to allow foreigners working on state flagship
Vice President Leni Robredo
projects to come to the country. “So many of our country men have been retrenched, are out of work, and are looking for work. When they hear that foreigners will be hired, of course they will question why they are not being prioritized,” Robredo said in Filipino. The Philippine Statistics Authority reported that an additional five million Filipinos were left jobless by the COVID-19 pandemic and government-initiated lockdowns in April. In absolute terms, movement
Philstar.com photo by Boy Santos
restrictions threw 7.3 million Filipinos out of their workplace during the survey period, up from 2.3 million a year ago, PSA data showed. A survey released by the Social Weather Station on Tuesday found that a record-high 43% of Filipinos expect their lives will worsen in the next 12 months. Robredo on Friday asked: “Kung ang trabahong gagawin, kaya naman ng Pilipino, bakit hindi nalang ibigay sa Pilipino?” (If a Filipino can do the job, why not give it to a Filipino?) n
dismissal of petition against ABS-CBN by KriStine Joy
Philstar.com
patag
Solicitor General Jose Calida served as the guest of honor in the 67th founding anniversary of Criminal Investigation and Detection Group at the Camp Crame in Quezon City last February 10. Philstar.com photo by Michael Varcas
MANILA — The Office of the Solicitor General said it will study filing an appeal to overturn the Supreme Court’s dismissal of its quo warranto petition against ABS-CBN’s legislative franchise. The SC, in an en banc session on June 23, junked Solicitor General Jose Calida’s quo warranto petition against ABS-CBN Corp.’s now-expired franchise for being moot. The OSG said it has yet to receive a copy of the SC ruling, but it added: “Once a copy of the decision has been obtained, the OSG will study the filing of a motion for reconsideration, in necessary given the constitutional issue on foreign ownership raised in the OSG petition,” it said in a statement. Foreign ownership issues One of the grounds Calida raised in his quo warranto petition is that ABS-CBN Corp. violated its franchise law by allowing foreign ownership of the company, through the use of the Philippine Depositary Receipts. Section 11, Article XVI of the Constitution provides: “The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.” PDRs, meanwhile, are finan-
cial instruments that give foreign investors a passive economic interest in a Philippine company. ABS-CBN’s PDRs is also one of the issues being discussed at the House of Representatives’ hearing into franchise bills.
Both ABS-CBN and GMA, another media giant in the country, offer this type of security. The network’s representatives insisted the PDRs were issued by ABS-CBN Holdings, which is
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A6 JUNE 27-30, 2020 • LA WEEKEND ASIAN JOURNAL
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OPiniOn
Phasing out
FeatURes
TRANSPORT officials say operators and drivers of traditional jeepneys have been given three years to shift to the modernized or standardized versions. Under the public utility vehicle modernization program, traditional jeepney operators are encouraged to consolidate and rationalize their routes by the end of this month, and to invest in the modernized PUV units. Jeepney operators and drivers had hoped for an extension of the deadline. The coronavirus disease 2019 pandemic, however, forced off the road starting in mid-March all forms of mass transportation including the traditional jeepneys. With the easing of quarantine restrictions, certain forms of public transportation have gradually returned, starting with the light railway and commuter train services and point-to-point buses. Transport Network Vehicle Service units, regular taxis, some buses and even tricycles are back in operation, although with reduced capacity. But not the iconic traditional jeepney. Instead the government has allowed the new or standardized versions of the jeepney to ply the streets of Metro Manila. Transport officials are standing firm on the PUV modernization schedule, with the traditional jeepneys soon relegated to minor and much less profitable routes in the National Capital Region although the vehicles are still al-
lowed outside the NCR. In Baguio City and neighboring towns in Benguet, tests have shown that only the traditional jeepney can handle the steep, winding roads. The modernization program aims to standardize the compensation for PUV drivers so that they can be paid like regular employees, rationalize the transport franchises that have led to congestion at all hours of the day along NCR thoroughfares, and streamline PUV deployment to ease perennial traffic jams. The quarantine won’t be around forever and the gridlocks will soon be back. The new jeepneys provide a more comfortable ride and many are kinder on the environment because they run on electric or solar power or a combination of alternative and regular fuels. In the meantime, however, thousands of operators and drivers of the traditional jeepney clearly need aid during the quarantine. They cannot shift quickly to driving the new units, whose cheapest versions are priced at around P1.2 million. A
Editorial
Philstar.com photo
number of drivers have taken to begging; some now live with their families in their jeepneys. The national government and some local government units have aid programs specifically for the sector
during the COVID quarantine. Beyond pandemic aid, however, the drivers and operators will need assistance to soften the move toward modernization. (Philstar.com)
Is your family’s American dream at risk with Trump’s proclamation freezing issuance of visas for H-1B, H2-B, J, L visa and other visas?
The Fil-Am Perspective GEL SANTOS-RELOS “FAMILY.” If you ask our kababayans what drives them to uproot themselves from the Philippines and endure the loneliness, homesickness, and the security and happiness of being in your homeland, one answer stands out: To give my family a better life and opportunities they cannot give them staying in the Philippines. Most of us take this route, especially those who do not depend on any family member sponsoring us for a family-based visa petition. We apply for a job, with many starting with a temporary working visa, hoping to be sponsored by our employer for permanent residency status (a green card). Through this, we get to petition our family to join us, build a new life in America, and be productive residents and citizens of our adoptive country. However, since the start of the presidency of Donald Trump, his immigration policy moved to curtail not only illegal immigration, but even limit legal immigration as well, including issuing work permits to foreign nationals and family-based petitions. The latest measure signed by
Trump was his second proclamation, “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” This proclamation was signed on June 22, 2020, and became effective on June 24, 2020, expiring on December 31, 2020. I receive a lot of questions when I posted the news on social media and many of the concerns of our kababayans revolve around how this new proclamation of Trump may kill their American dream for themselves and their family. I asked my dear friend Atty. Lou Tancinco, Filipino American community leader, immigrant advocate, Pinoy Panawagan legal counsel for The Filipino Channel’s “Balitang America”, host/producer of GMA’s “Pusong Pinoy sa America, and immigration lawyer based here in California, about her insights and analysis about Trump’s new proclamation and how it will affect us Filipinos. 1. What is the effect of the June 2020 Proclamation on legal immigrants? The June 22, 2020 Proclamation (June Proclamation) extends the April 2020 Proclamation1 which suspended the entry of certain immigrants
into the United States until December 31, 2020. It expanded also the ban on certain visa applicants mostly employmentbased nonimmigrant visas The Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n): • H-1B visa and any foreign national accompanying or following to join them; • H-2B visa and any foreign national accompanying or following to join them; • J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them; and • L visa, and any foreign national accompanying or following to join them A significant number of Filipino visa applicants and businesses under the above mentioned categories — H1B, J and L — will be adversely impacted by this suspension. For the H2B visa category, Philippine nationals have already been barred from receiving this visa in the last two fiscal years. Those severely affected are those outside the United States. 2. Who are NOT affected by
the suspension of immigration? Among others, these are the categories of individuals who are not affected by the Proclamation: 1. Those adjusting status in the United States. 2. Green card holders or immigrant visa holders at the time of the proclamation. If an individual is already in possession of an immigrant visa or green card before the Proclamation, they can still travel back to the United States. 3. Those with temporary travel documents can still enter the U.S. Examples are individuals in possession of transportation letters issued by the U.S. Embassy, re-entry permits and advance parole issued by the U.S. Citizenship and Immigration Services (USCIS) 3. Can you explain what the “National Interest Exemption” is about? The proclamation on the suspension of visas will not apply and consular officers will still grant issuance of visas if the visa applicant can prove that his/her case falls under the national interest exemption. For purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the
Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who: • are critical to the defense, law enforcement, diplomacy, or national security of the United States; • are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; • are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19; • are necessary to facilitate the immediate and continued economic recovery of the United States; or • are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014. 4. What about other non-immigrant visas such as fiancé, student and visitors visa holders are they still allowed to travel to the United States? The June proclamation explicitly mentions the type of temporary visas that are suspended. These include mostly employment-based visas: H1b, H2b (working visas); L1 (intra-company executives trans-
ferees); and J1 visas (seasonal workers in the hospitality industry, students on work-study summer programs and au pairs who arrive under other auspices). The proclamation does not ban other visas such as those for visitors, fiancés, students and investors, among others. So as soon as the U.S. Embassy opens to provide their regular consular services, applicants for the other types of visas that are not included in the proclamation may still pursue their application. Also, those who are in possession of non-immigrant visas not enumerated in the proclamation may still use their validly issued visas to travel. 5. A beneficiary of an approved visa petition was issued a printed immigrant visa on his passport after an interview with the consular officer at the U.S. Embassy. He was not able to enter travel to the U.S. yet and now wants to plan on going to the U.S. He is afraid that the Trump Proclamations will apply to him and would result in his inability to travel to the U.S. Will this individual be prevented from entering the United States because of the Proclamation? No. The Proclamation does
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The Maria Ressa case – when in a war zone, watch out for mine fields
Street Talk GREG B. MACABENTA MY dear departed friend Alex Esclamado, publisher and editor of Philippine News, had a practical advice for members of his editorial and reportorial staff: “If you are not 100% sure of your facts, use the modifier ‘alleged.’ It allows you a way out of a libel case.” However, he would add that there was no substitute for truth, accuracy and proof to back up a news story. Alex used the Philippine News, a weekly and the only nationally circulated Filipino newspaper in the US at the time, to wage an unrelenting campaign against the martial law regime of President Ferdinand Marcos, He was offered several million dollars to stop the attacks, but he and his family decided that their journalistic integrity was worth much more than money. Unfortunately, advertisers were “persuaded” to stop supporting the paper. Thus, Alex had to borrow money from ev-
eryone in sight to keep on publishing. Remarkably, Philippine News did not miss a single issue until Marcos was deposed. For his courage, Alex was conferred the Philippine Legion of Honor by President Corazon Aquino, after the People Power revolution. However, the Esclamados found themselves deep in debt. Having known Alex, I can appreciate the courage and zeal of Maria Ressa, editor and CEO of the online news medium, Rappler. Ressa and a researcherwriter, Reynaldo Santos, Jr., have just been found guilty of cyber libel by a Manila court. Ressa also faces other charges, including alleged tax evasion and alleged violation of the Constitutional prohibition against foreign ownership of Philippine news media. Notice how I have studiously used the term “alleged” – you see, what I know about the case is what I have heard and read in the news, and from my own research. Ressa believes that they are being persecuted, rather than prosecuted, for Rappler’s re-
ports on the administration of President Rodrigo Duterte, particularly his bloody war on drugs (some estimates have placed the death toll at over 20,000). For sure, the “drug war” stories have been gruesome, particularly the allegations of extrajudicial killings. Human rights activists around the world have condemned Duterte for these killings and have threatened charges of genocide. That could hound Duterte after he vacates the presidency. Ressa has remained stoical and appears ready to face whatever the fates may bring. For her courage, Ressa was named Time Magazine Person of the Year for 2018 and has been extolled in the international media. This has also meant a bad image for Duterte and the Philippines. But Duterte’s spokesmen have denied any hand in the cyber libel verdict, pointing out that it is not about Rappler’s reports on the government’s drug war, but for a news item that came out on May 29, 2012 bylined by Reynaldo Santos, Jr.
The story was headlined, “CJ using SUVs of controversial’ businessmen” It was about then Chief Justice Renato Corona who was facing an impeachment trial in the Senate. The news item stated: “MANILA, Philippines - Even as the Corona impeachment trial comes to a close, controversy continues to hound the Chief Justice. He appears to have a penchant for using vehicles registered under the names of controversial personalities. “His black Chevrolet Suburban, a sports utility vehicle he used to travel to and from the Senate – when he appeared on May 22 and 25 before the impeachment court – is being linked to questionable transactions and persons.” Manila Times columnist, Rigoberto Tiglao, who has not been shy about his defense of the Duterte administration, wrote the following commentary, excerpts of which read: “IT is quite despicable that Maria Ressa and her Yellow crowd have been shouting to the world that her criminal conviction for libel for a Rappler
article was suppression of the press... “The complainant is not Duterte or the Philippine government but a Filipino-Chinese businessman, Wilfredo Keng… “The target of the May 29, 2012 libelous article written by one Reynaldo Santos Jr. was not really businessman Wilfredo Keng, who filed and won the libel case against him and Ressa... “As is obvious from the article’s title itself...its aim was to smear Corona’s integrity, suggesting that Keng was Corona’s crony, who the article claimed was ‘under surveillance by the National Security Council for alleged involvement in illegal activities, namely human trafficking and drug smuggling…’ ”Keng was also accused of ‘smuggling fake cigarettes and granting special investors residence to Chinese nationals,’ the article claimed. “Although the low-profile Keng isn’t known even to most media members, he was listed by Forbes magazine as the 23nd (sic) richest Filipino in 2010 with a net worth of $100
million... Now do you understand why Keng was so angry at the article that he pursued his libel case? What’s the use of your money if some media would destroy your reputation in such a cavalier manner?” Pundits think that Ressa has, in fact, been given the “Al Capone Treatment” – also referred to as “Gotcha!” The Chicago mobster was arrested and imprisoned for tax evasion rather than for the many crimes, including multiple murder, that the FBI had long tried but failed to pin him down for. The tax case was what got Capone. Gotcha! There are technical legal issues surrounding the cyber libel case, such as the claim of Ressa’s defense that the law had not yet been passed at the time the story came out. The prosecution, on the other hand, points out that the story was published again in 2014 when the cyber crime law was already in effect. While I cannot claim to know enough about that law, I did notice that the Rappler story used definitive, accusatory language,
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Dateline PhiliPPines
SWS: Filipinos expect life to worsen in next 12 months Mendiola AJPress
A RECENT Social Weather Stations survey found that 43% of Filipinos expect their quality of life to worsen in the next 12 months. “The 43% proportion of ‘pessimists’ in May is the new peak in the 37-year history of 135 SWS surveys, breaking the previous record of 34% in March 2005,” the pollster said Tuesday, June 22. 24% of Filipinos, on the other hand, expect their quality of life to stay the same. Meanwhile, the remaining 24% expect their quality of life to improve. “The May 2020 net optimism score of -18 (optimists minus pessimists) is the worst in survey history, breaking the previous record -13 in October 2000 and March 2005,” SWS noted. “The score plummeted from +44 in December 2019,” it added. “Pessimists” is the term SWS used for those who said they’re expecting life to get worse, while “optimists” is the term used for
those who expect their life will get better. According to SWS, only 12 out of the 135 SWS surveys since 1984 have a net optimism score of zero or lower. Of the 12, the score reached very low levels in only four instances: October 2000 (-13), March 2005 (13), May 2005 (-12) and May 2020 (-18). “Negative ratings in 1984, 2000 and 2005 were associated with political unrest in the late Marcosera, the impeachment crisis of Joseph Estrada and the controversial 2004 election of Gloria Macapagal Arroyo,” SWS said. “The last time the score was negative was in June 2008 at -6. Thereafter, the score has been positive in all 46 surveys between September 2008 and December 2019. Moreover, all scores have been high (+20 to +29) or better since September 2009,” it added. The pollster attributed the latest nationwide net personal optimism score of -18 to the low or very low scores in all areas, specifically the
record-lows in the Visayas and Mindanao at -37 and -32, respectively. The score, meanwhile, reached -16 in Metro Manila and -5 in Balance Luzon. SWS also pointed out that the net personal optimism score is lower in General Community Quarantine (GCQ) areas at -25 than in Enhanced Community Quarantine (ECQ) areas at -13. Malacañang, in response to the survey, said the recovery process would not be easy. “We all know that there was an economic shutdown and the entire country suffered, in fact the world, not just the Philippines. We all need to recover from this. The process of recovery is not easy. We understand the people’s sentiments,” said presidential spokesperson Harry Roque. The SWS survey was conducted from May 4 to 10 among 4,010 working-age Filipinos, 15 years old and above, nationwide through mobile phone and computer-assisted telephone interviews. n
The Maria Ressa case – when in a war zone... PAGE A6 t
citing intelligence reports. That, understandably, had to be proven in court. Eventually, the court decided that Rappler “did not offer a scintilla of proof” in the allegations against Keng and that it was not enough to quote an intelligence report. The Philippines is considered among the most hazardous for media, a virtual war zone. For this reason, crusading journalists like Maria Ressa should remember this piece of advice: In a war zone, watch out for mine fields. As
Alex Esclamado would have put it, use the modifier “allege.” But there is no substitute for truth, accuracy and proof. The cyber libel conviction carries with it a jail term of up to six years, although I understand that it is still subject to elevation to the Court of Appeals and, perhaps, the Supreme Court. I recall two other Philippine journalists who were judged guilty by a court for libel. Philippine Star’s Louie Beltran and Max Soliven. The complainant was President Cory Aquino her-
A
Is your family’s American dream at risk...
‘BUSINESS AS USUAL’. Unlike other fathers who won’t let this day pass without celebrating Father’s Day, this man has to earn a living first by selling guavas to motorists along Katigbak Parkway in Manila on Sunday, June 21. Father’s Day was first celebrated to honor fathers on the third Sunday of June in 1910. PNA photo by Avito C. Dalan
by Ritchel
LA WEEKEND ASIAN JOURNAL • JUNE 27-30, 2020
self. She charged the two for falsely reporting that she had hidden under her bed during one of the coup attempts against her government. The Supreme Court subsequently overturned the verdict. Hopefully, Duterte’s term of office will have expired, before a final judgment is made, and that a more sympathetic administration will not object if the higher courts overturn the guilty verdict – just like the case of Beltran and Soliven. (gregmacabenta@hotmail.com)
PAGE A6 t not affect those who are in possession of immigrant visas. Although he has not received his actual green card, he is considered to have gone through a completed process for him to be considered as an immigrant visa holder, hence, he can travel to the United States. 6. If the individual who was issued a non-immigrant employment-based visa (H1B, L or J) or immigrant visa by the U.S. Embassy is not ready to travel to the United States during this COVID-19 pandemic, will he risk losing his immigrant visa by revocation? No. Valid non-immigrant visas issued before the June proclamation and that were not used for travel will not be revoked under this Proclamation. 7.An adjustment of status applicant left the United States for a temporary visit abroad, will this adjustment applicant be able to return with his advance parole document? Yes. Advance parole is considered as a travel document not covered by the Proclamation, hence this individual may
travel back to the U.S. using his advance parole document. 8. A lawful permanent resident plans to file a visa petition for his minor children, will he be permitted to file a visa petition with the USCIS? Yes, lawful permanent residents may still file for visa petitions on behalf of their minor children. What the Proclamation prohibits is the issuance of visas for these individuals. The proclamation exempts only minor children and spouses of U.S. citizens. 9. A visa petition was approved for a parent of a U.S. citizen. The parent was already interviewed before the Proclamation effectivity date of April 23, 2020 but no visa has been issued yet. Can this parent follow up on the issuance of his visa and travel to the United States? No. Clearly, under the April Proclamation, which effectivity was extended until December 31, 2020, parents of U.S. citizens who have not been issued visas or are not in possession of visas may not be allowed to immigrate temporarily. They
are covered by the Proclamations and are not exempt from the ban. 10. A child beneficiary of a preference immigrant visa petition is turning 21 years old and will age out during the period of suspension, what steps can s/he take before losing the opportunity to immigrate as a minor derivative child? One of the categories of visa applicants that is part of the national interest exemptions refers to children who are aging out or turning 21 years old. This category will be exempt from the ban. So it is important to take steps and seek to qualify the aging out child as an exempt visa applicant quoting the provision under the national interest exemptions. * * * Gel Santos Relos has been in news, talk, public service and educational broadcasting since 1989 with ABS-CBN and is now serving the Filipino audience using different platforms, including digital broadcasting, and print, and is working on a new public service program for the community. You may contact her through email at gelrelos@icloud.com, or send her a message via Facebook at Facebook.com/Gel.Santos.Relos.
A june 27-30, 2020 • LA WeeKenD ASIAn jOuRnAL
Dateline PhiliPPines
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2019 Bar passers take oaths online by evelyn
Macairan Philstar.com
MANILA — Following the online oath-taking of 2019 successful Bar candidates, the Supreme Court (SC) is exploring the possibility of a digital version of the Bar examinations. SC Associate Justice Marvic Leonen, chairman of the 2020 Bar exams reset to next year, made the announcement during yesterday’s first online oath-taking ceremony at the SC Session Hall. In his 23-minute speech, Leonen said the SC would be embarking on reforms in future Bar exams. Aside from having two venues for the 2020 Bar – Manila and Cebu, he said he has been given the go-signal “to drive a project and examine the various digital platforms for a pilot test in computerizing the Bar, including how applicants answer the exam questions.” In jest, he said computerizing Bar exams would eliminate the problem of reading bad handwriting of some examinees. “This would be a relief to those
who would come after you, with writing as bad as many of the justices of the Supreme Court,” he said. A total of 2,103 Bar takers passed the 2019 exam. More than five million people watched the ceremony online. In her message to the new lawyers, Justice Estela PerlasBernabe said: “Today, you take your oath as lawyers in the midst of unprecedented times. Historically, you will not only be known as the first batch of lawyers to have been sworn in online, but to a greater extent the first batch to have commenced your legal practice during a debilitating global pandemic.” Bernabe said the legal profession needs the new lawyers’ youthful exuberance and proficiency in new technologies. For her part, 2019 Bar topnotcher Mae Diane Azores said “holding the ceremony online may be anti-climactic for some of those who passed the Bar, but it does not eradicate the importance of the oath – a reminder and a commitment of every lawyer to weigh our actions at all
times in accordance with our sworn duties to the bench, the Bar, the society and to our clients.” Leonen said he would like to trigger conversation on the real nature of the Bar and instill that the Bar is merely a qualifying examination, not a determinant of how good they would be as lawyers. The SC had to resort to an online oath-taking ceremony because it did not want to risk infection or spread of the coronavirus disease that continues to affect the country and many parts of the world, he said. “Reports said this pandemic would cause one of the most malignant recessions in our history. Close to one billion human beings would become poorer. Many would lose their jobs. Seeing one’s children go hungry SHOCK TROOPERS Over 100 personnel of the Philippine National Police-Special Action Force gather at Pier 15 in Manila on Thursday, June 25 to board the BRP Gabriela Silang enroute to Cebu City to enforce the government’s health protocols against Covid infection. Cebu City could lead to so many acts of is experiencing a surge in the number of virus cases and has been put under enhanced community quarantine. desperation. Law will take part ManilaTimes.net photo by Rene Dilan in the narrative in providing succor as well as remedies when needed,” Leonen said. The oath-taking was administered by SC Clerk of Court lawyer Edgar Aricheta. n
De Lima appeals court prohibition on joining Senate sessions online by Kristine Joy
Philstar.com
Patag
MANILA — Detained Sen. Leila De Lima filed an appeal before a Muntinlupa court’s dismissal of her motion to be allowed to participate in Senate proceedings through videoconferencing. De Lima appealed the Muntinlupa Regional Trial Court Branch 205’s junking of her motion to be allowed to take part in Senate sessions, committee hearings and meetings via teleconferencing from her detention place. A copy of De Lima’s motion for reconsideration, filed through her lawyer Teddy Rigoroso, was made public on Friday. The court, in rejecting the detained senator’s plea, said granting her motion “is no different from allowing her to attend there physically.” But her lawyer argued that Kenneth Glenn Manuel, a graduate of the University of Sto. Tomas and sixth placer in the 2019 Bar, looks at a computer screen as he takes his oath as a new lawyer from his house in Manila on Thursday, June 25. Philstar.com photo by Edd Gumban
Cases of violence vs women drop –PNP by eMManuel
tuPas
Philstar.com
MANILA — Rape and other cases of violence against women and children went down by 55 percent during the community quarantine, the Philippine National Police (PNP) reported
on Thursday, June 25. Brig. Gen. Alessandro Abella, director of the PNP Women and Children Protection Center, said 962 cases of abuse were recorded from March 15 to May 31. The figure was lower by 55.29 percent compared to
2,152 cases posted during the same period last year. From January to May, a total of 2,914 cases of abuses were recorded nationwide, lower compared to 4,859 incidents in the same period last year, for a decrease of 40.02 percent. n
20 arrested at Pride march against anti-terror bill in Manila by Bella
Perez-ruBio Philstar.com
MANILA — Police arrested 20 protesters on Friday during a lesbian, gay, bisexual, transgender and queer (LGBTQ+) community-organized protest against the controversial anti-terror bill in Mendiola Street, Manila. This was confirmed by Police Lt. Col. Carlo Manuel, Manila Police District spokesperson, to GMA News. Rights group Karapatan said 20 individuals from groups Bahaghari, Gabriela and the Children’s Rehabilitation Center, were arrested — 13 of whom are members of the LGBTQ+ community. Bahaghari also confirmed that Rey Valmores-Salinas, the group’s campaign spokesperson, was among those arrested. In a video posted by Twitter user JL Javier, police are seen refusing to answer the media when asked which quarantine guidelines were violated by the protestors being arrested. “They were not informed of any charges when they were accosted. What a way to commemorate pride in [the Philippines, national police!]” Karapatan Secreteray Cristina Palabay said. Police Brig. Gen. Rolly Miranda, MPD chief, later told GMA News that the protesters were arrested for not having a rally permit and for violating general community quarantine (GCQ) guidelines.
Members and allies of the LGBTQ+ community protested against the anti-terror bill on Friday, June 26. Photo courtesy of League of Filipino Students
Bahaghari said in a tweet that they were complying with social distancing and minimum health standards issued by the government against COVID-19. Rep. Sarah Elago (Kabataan party-list) slammed the arrests, saying the right to peaceful assembly is not suspended during public health emergencies. The Commission on Human Rights made a similar statement on June 10, saying authorities cannot “halt fundamental rights including freedom of peaceful assembly and activism” even amid community quarantine. Police also attempted to arrest an intern of independent news group Manila Today who was covering the protest. The College Editors Guild of the Philipines (CEGP) said cops
also took protesters’ car keys. PNP spokesperson Brig. Gen. Bernard Banac told PSN that they are monitoring reports on the incident from the National Capital Region Police Office (NCRPO). Palabay in a statement pointed out that today’s arrests were “not the first time that the police and other law enforcement officials attacked the LGBTQ+ community under the guise of enforcing lockdown measures.” She was referring to an incident reported by Rappler, wherein three members of LGBTQ+ community in Brgy. Pandacaqui in Mexico, Pampanga were ordered to kiss each other and to inappropriately dance in front of a minor for violating the city’s curfew. n
“there is nothing in the law” that prevents De Lima from performing her legislative duties so long as she stays in her place of detention. They argued that SC rulings on former Sen. Antonio Trillanes IV and ex-Rep. Romeo Jalosjos, lawmakers who continued their duties while detained, “are clear on this.” The senator also said that the court has not intervened with her dispensation of duties as a senator, so long as these were rendered from her detention cell. “There is no reason now why the Honorable Court would treat this case on teleconferencing differently.” Early in May, the Senate amended its rules to allow the conduct of teleconferencing for its sessions, prompted by the COVID-19 pandemic and the implementation of stronger mea-
sures to curb its spread. While De Lima’s lawyer admitted that the reason of her not being physically present at the Senate is neither due to force majeure or an emergency situation, “there is no legal barrier in the application of these Senate rules.” They insisted De Lima is still a senator, and “there is no reason why Senate rules that would aid and benefit her in performing these functions and availing of these prerogatives should not be applied to her.” De Lima has been detained at the police headquarters since February 2017 over drug-related charges. She is accused of having a hand in the proliferation of illegal drug trade at the New Bilibid Prison during her stint as justice secretary, an allegation she vehemently denied. n
Nearly a month into GCQ, gov’t uncertain on jeepney’s fate by Franco luna Philstar.com
MANILA — The return of jeepneys on the road next week is anything but certain with transport officials still unable to provide clear plans how Filipinos’ iconic vehicles will carry passengers, and drivers allowed to earn a living, nearly a month under a more relaxed quarantine regime. Almost like a script, transport agencies, when asked, have repeatedly cited health risks on riding the “King of the Road” while the threat of coronavirus disease-2019 (COVID-19) infection persists. A solution proposed is a shift to a modernized public utility vehicle (PUV) under a program where drivers, getting fuel subsidies from the government, are asked to pay bank loans slapped with 6% interest. Apart from infection control, the Department of Transportation also insisted on a “hierarchy” of transport systems, under which jeepneys and UV Express vans come in last because they carry the least passengers— even as smaller tricycles, supervised by cities and municipalities, are already back since June 1. “Following the hierarchy of transport, traditional jeepneys may be allowed to operate starting next week, when there is a lack in supply of buses, modern PUVs and UV Express,” said Vicky Apacible, the agency’s officer-incharge for communications. “Provided, that they comply with roadworthiness standards, as well as health, safety, sanitation, and security protocols,” Apacible said in a text message on Thursday evening. This latest statement only made the fate of 55,000 traditional jeepneys in the Metro hazier than before. No less than the Land Transportation Franchising and Regulatory Board (LTFRB) said on Wednesday that jeepneys
would be allowed back by next week, but when asked how will this be facilitated, the transport department appears unsure, three days before Monday. “I think what the LTFRB is currently drafting is the guidelines for the operation of UV Express vehicles,” Transport Assistant Secretary Goddes Hope Libiran told reporters on Thursday. PUV modernization With the hierarchy enforced, only buses and modern jeepneys were permitted to carry passengers. In Metro Manila, where a more relaxed general community quarantine is in place since June 1, 2,807 buses with 27 varying routes were deployed as of June 18. On top of these, three rail systems currently accepting 10-12% of their typical capacity, are also running, while 90 buses are arranged daily as part of the Metro Rail Transit-3 augmentation program. For modern jeepneys, 24 routes were opened, but the goal is to open 100. These jeepneys are installed with an automated cash collection systems, a GPS navigation device and use a more environment-friendly fuel, the same vehicles officials want jeepney drivers to partially pay for under the PUV modernization program. The program, initiated from 2015, has come and go because drivers and operators feeding their poor families refuse to shoulder a large chunk of the P2.4 million price tag of one modernized jeepney. Recently, the government doubled its subsidy for the vehicle to P160,000, but only because the vehicle’s cost also increased. The PUV modernization is being pursued, at this time, when a pandemic is not even allowing drivers to earn a living. “Drivers and operators are hoping they can go back to earning a living. They’re ready to follow regulations, like putting up
dividers in jeeps to ensure the public’s health and safety,” Mody Floranda, national president of Pinagkaisang Samahan ng mga Tsuper at Operator Nationwide (Piston), a transport group, told Philstar.com. “For three months drivers have suffered without earnings, and for three months the public has had a difficult time without serviceable transport, so we’re really hoping we can go back to work,” he said in Filipino. Shortages A compromise was offered. The transport department insisted traditional jeepneys can run if current ride options appear insufficient. The agency did not provide data on how many passengers are getting serviced by existing routes, but the need for more transport options is glaring and rising as lockdowns ease. Since June 1, 23.9 million workers have returned to work nationwide, 58.6% of whom or 14.04 million were located in Metro Manila, Calabarzon, and Central Luzon, areas where workers travel to work from home daily, as well as Cagayan Valley, Central Visayas and Zamboanga. Anecdotal evidence of transport shortage is also not scarce. The government was hit for being unprepared in the first few days of GCQ, with videos and photos of people returning to work swarming the roads to look for rides. The resulting public backlash led to the opening of more bus and modern jeepney routes, but commuter options have remained limited. “If we assume that 50% of trips resume during COVID-19, there will be 14 million trips by public transport, walking, or cycling. If we continue to stop jeepney operations, around 4.8 million trips will not be served,” Move As One Coalition, a commuter advocacy group, said in a webinar last Wednesday. n
OSG mulls appealing Supreme Cout dismissal... PAGE A5
a different company from ABSCBN Corp. In its comment filed before the SC, the media giant explained that “PDR holders’ rights are not equivalent to the full beneficial ownership rights of the shareholders of ABS-CBN.” In a hearing last June 11, Securities and Exchange Commissioner Ephyro Amatong said, as quoted in a CNN Philippines report, there was the “prevailing opinion” that when ABS-CBN Holding issued PDRs in 1999 and 2013, that these “were not
evidence of ownership.” Amatong had also said that as far as the SEC is concerned, both ABS-CBN and GMA acted in good faith when they offered PDRs to the public and that no violations were committed by the two companies. Quo warranto vs ABS-CBN’s Convergence still pending Calida also noted that his quo warranto petition against ABS’CBN subsidiary, Convergence Inc., remains pending before the SC. “Notably, the [SC] did not
delve on the issues in the case of ABS-CBN Convergence Inc.,” the statement read. The company, however, issued a disclosure at the Philippine Stock Exchange saying that Convergence’s legislative franchise expired on March 17. ABS-CBN’s petition for certiorari against the National Telecommunications Commission’s Cease and Desist Order issued May 5 also remains pending before the tribunal. (With reports from Ian Nicolas Cigaral/Phil- Jeepney drivers on Thursday, June 25 check their engine at Tandang Sora Jeepney Terminal in Quezon City. Philstar.com photo by Michael Varcas star.com)
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LifestyLe Consumer Guide Community marketpLaCe
Trump extends and expands Kris remembers dad on day proclamation ‘suspending’ immigration renaming NAIA proposed apply to: a. Existing green card holders, who may be outside the U.S. on a trip or vacation b. Any alien seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional, who will help in combating COVID-19, or recovering from COVID-19, including their immediate family c. Aliens coming to perform temporary labor or services that are essential to the U.S. food supply chain. This could mean people who will pick or harvest fruits and vegetables. d. Spouses and children of U.S. citizens and members of the Armed Forces and their families,
visas issued by October 1, 2020. That will not happen, at least until next year, assuming Pres. Trump doesn’t further extend this ban. In addition, people who have waited years for the priority date on their employment or family-based petiAtty. MichAel tions to become current, are now Gurfinkel, eSQ left in limbo if they are outside the U.S., because they cannot be issued immigrant visas under this ON June 22, 2020, President proclamation. Trump issued another ExecuIf you or a family member may tive Order (EO) or Proclamation, be affected by these changes in extending his April 22, 2020 immigration or your case is subproclamation to December 31, ject to this proclamation, you may 2020, and expanding its scope to want to consult with an attorney also include H-1B, H-2B, J-1, and to evaluate your situation and the L-1 non-immigrants and their deeffects of Trump’s proclamations rivative spouses and children from on your case. entering the U.S., as they may *** compete for jobs with unemMichael J. Gurfinkel has been ployed Americans caused by attorney for over 35 years and the COVID-19 pandemic. The proclamation will expire an is licensed, and an active member Some highlights are: 1. The ban on entering December 31, 2020, and could of the State Bars of California and New York. All immigration servthe U.S. until December 31, be “continued as necessary,” ices are provided by, or under the 2020 applies to: a. Immigrant visa applimeaning this ban could go on supervision of, an active member the State Bar of California. Each cants (both employmentuntil Trump believes the U.S. of case is different and results may and family-based cases) as depend on the facts of the particuwell as H-1B, H-2B, J-1, and unemployment situation is lar case. The information and opinL-1 non-immigrants and under control. ions contained herein (including their derivative spouses and testimonials, “Success Stories”, children who are outside the endorsements and re-enactments) U.S. on the effective date. Therefore, it would not affect and aliens whose entry would be are of a general nature, and are not intended to apply to any particular case, people in the U.S. applying for in the “national interest.” The proclamation will expire and do not constitute a prediction, waradjustment of status, change, or December 31, 2020, and could ranty, guarantee or legal advice regardextension of status. b. The person does not yet have be “continued as necessary,” ing the outcome of your legal matter. No an immigrant (or non-immigrant) meaning this ban could go on attorney-client relationship is, or shall visa that is valid on the effective until Trump believes the U.S. be, established with any reader. WEBSITE: www.gurfinkel.com date of the proclamation, meaning unemployment situation is under Follow us on Facebook.com/Gurfinan immigrant or non-immigrant control. Many of us hoped Trump’s kelLaw, Twitter @GurfinkelLaw and visa has not yet been issued in original April 20, 2020 proclama- YouTube: US Immigration TV their passport. Call Toll free to schedule a consultac. They do not have any other tion would expire in 60 days. But kind of official travel or entry now, he’s extending it through tion for anywhere in the US: 1-866-487-3465 document, such as advance pa- the end of the year and including (866) – GURFINKEL role, boarding letter, etc. that non-immigrant workers and their Four offices to serve you: allows them to enter the U.S. in families. Tens of thousands of people LOS ANGELES ∙ SAN FRANCISCO ∙ NEW lieu of having an immigrant or applied for their H-1B visas on YORK ∙ PHILIPPINES non-immigrant visa. 2. This proclamation does not April 1, 2020, hoping to have their (Advertising Supplement)
Immigration Corner
by Ratziel
San Juan Philstar.com
ACTRESS Kris Aquino said she fondly recalled her parents’ memory on the day that several lawmakers in the House of Representatives — including presidential son and District Rep. Paolo Duterte (Davao) — proposed to rename the Ninoy Aquino International Airport (NAIA) to the “Paliparang Pandaigdig ng Pilipinas.” “Yesterday, I could really feel the LOVE & GUIDANCE of my parents,” Kris posted earlier on Friday, June 26. “From my Father’s Day post: COME WHAT MAY, ano man ang PAGSUBOK, GAGAWIN ko ang makakaya ko para tumulong sa kapwa para MAKABANGON tayong muli...” Previously the “Manila International Airport,” the airport was renamed to NAIA in 1987 by virtue of Republic Act No. 6639. Its namesake, Martial Law opposition figure Benigno “Ninoy”
A young Kris Aquino with dad and National Hero Ninoy Aquino Jr. Photo from Instagram/@krisaquino
Aquino Jr., was notoriously assassinated there on August 21, 1983. A few days ago, on Father’s Day, Kris shared a rare footage of her and her dad that her nephews found on YouTube. “Taken from our departure on May 8, 1980 for the [United States] for my dad’s triple heart bypass surgery followed by our 3 years in
Boston. Opo, ganun ako ka ‘confident’ na bata, at just 9 years old may ‘binibilin’ ako sa Dad namin na mga dapat nyang gawin,” Kris described the video. She said that even her family thinks she is her dad’s female counterpart. Her age today, 49, is just a year younger when Ninoy PAGE B3
Showbiz industry mourns Ramon Revilla Sr.’s passing
love and prayers, as we ask for continuous prayers for the eternal repose of his soul.” Bong’s video was viewed over VETERAN actor and former senator Ramon Revilla Sr. passed 180,000 times while over 16,000 away Friday at 93 years old, his expressed their sympathies, inson, actor and senator Ramon cluding showbiz personalities. “Oh No!!!! So sorry... so sorry “Bong” Revilla Jr., announced Sen. RIP Sir Ramon Revilla sr. My through a Facebook live video. “After 93 full years, our father condolences to the family,” actress former Senator Ramon Revilla, Sr. Elizabeth Oropesa wrote. “My prayers amd condolences succumbed to heart failure at 5:20 this afternoon. He is now free from to your family!!!!” film producer physical pain and is in the loving Noel Ferrer said. “May his soul Rest in Peace... arms of our Creator,” Bong anSen. Ramon Revilla Sr. Condonounced in a separate post. “Thank you very much for the lences Sen. Bong Revilla. You and by Deni RoSe M. afiniDaD-BeRnaRDo Philstar.com
your family are in my thoughts as you grieve this loss. All my love,” actress Vivian Velez commented. Born José Acuña Bautista Sr. on March 8, 1927 in Imus, Cavite, Ramon Sr. is the youngest of 10 children of entrepreneurs Ildefonso Bautista and Andrea Acuña. A graduate of Bachelor’s degree in Commerce from Far Eastern University, Ramon Sr. was the father of actors Bong, Princess Revilla, Ram Revilla and Marlon Bautista. Ramon Sr. began his showbiz career playing small parts in films, PAGE B3
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Pia speaks up during Pride Month By Cha Lino Inquirer.net
IN celebration of Pride Month this June, Miss Universe 2015 Pia Wurtzbach talked about learning more about the LGBTQIA+ community and how to affirm them. Wurtzbach stressed the importance of upholding LGBTQIA+ rights and being receptive to these, as seen on her Instagram post on Thursday, June 25. “Learning is always a two-way process,” she said. “[We] listen as we understand each other’s points of view.” The beauty queen and model defined being an ally as “someone who gives a sense of a safe and affirming space for our loving community.” Wurtzbach wants to provide “higher platforms” for discussion, where members of the LGBTQIA+ community could address their concerns. She explained that “we can discuss our differences and remind ourselves that we are together on this journey, and achieve our shared goals for equality.” “Let me just make a stand that our friends and family in the LGBTQIA+ community have the right to take up space in our society,” Wurtzbach said. “[That] their voices should be heard, that we don’t invalidate [transwomen]
The Prophetic Voice ReveRend Rodel G. BalaGtas “WHOEVER receives a prophet because he is a prophet will receive a prophet’s reward.” (Matthew 10:41) Time flies fast, as we always say. It will be a year on July 1 since I started my ministry at Incarnation Church. It has been a good year for me despite the coronavirus pandemic’s challenges on our church and personal lives. It’s because my parishioners have continually supported our parish have kept their trust in God and belief in the teachings and mission of Jesus Christ. Moreover, the staff and the leaders of our parish and school, and my brother priests
Pia Wurtzbach
as women.” LGBT is an abbreviation for lesbian, gay, bisexual and transgender. It is an umbrella term used to refer to the whole community, according to the LGBTQIA Resource Center of the University of California, Davis. Some use the term LGBTQIA to raise awareness on other sexual orientations included in the community, including queer, intersex and asexual.
Photo from Instagram/@piawurtzbach
CASE REVIVED AFTER NVC TERMINATES IT FOR FAILURE TO APPLY FOR VISA WITHIN ONE YEAR – FULL STORY ON CITIZEN PINOY. Khalidha (second from right) was petitioned by her mother Shami (center) in 2004. In 2011, the National Visa Center (NVC) sent a notice that Khalidha’s visa was available and gave her one year to reply. However, Khalida never received any notice, until she finally received one advising that her visa petition had been terminated, for failure to respond to the NVC within one year. The family went to two lawyers, to a U.S. senator, and to a congressman, but none were successful in reviving the case. Finally, a Filipino co-worker (and fan of Citizen Pinoy) suggested they consult with leading U.S. immigration attorney Michael J. Gurfinkel. After going through hundreds of pages of documents, and diligently reviewing the case history, Attorney Gurfinkel was able to convince the NVC to reopen the case and issued visas for the entire family. Watch this success story on an encore of CITIZEN PINOY on Sunday at 6:15 pm (PST) on TFC. (Advertising Supplement)
Sexual orientation is someone’s “enduring physical, romantic and/or emotional attraction to members of the same and/or opposite sex,” as per the Gay and Lesbian Alliance Against Defamation (GLAAD). People do not necessarily need to have a specific sexual experience to PAGE B1 know their sexual orientation. was assassinated. The organization said that some “Marami nang nagsabi (my do not need to have any sexual mom included) that i really took experience at all. after my dad at ako ang female version nya... i have matured enough, would you believe i am now just 1 year younger than he was when he was assassinated in 1983, for me brutality in our country. We to realize i have so much more to
Kris remembers dad on day...
A prophet’s reward
have always walked beside me as I lead the parish, offering me their assistance and insights on how to overcome our obstacles to make our church a great one. It has not been easy since we worry about the impact of the pandemic on the economy. But with God’s grace, we continue to carry out the mission of Jesus Christ—reopening the doors of the church for the Sacraments, preaching the Gospel, and sharing our time, talents, and treasures. Our faith in Jesus and his teachings keep us secure. It will continue to strengthen and guide us as we deal with the deep divisions in our country, especially this coming presidential election. We commit ourselves to pray for unity, peace, justice, economic progress, and especially the end of racism and
may have differences of opinions on church and political life. Still, we promise to unite ourselves for every person’s dignity and the common good in the Spirit of the Gospel. Jesus promises his rewards to those who help carry His mission in this world. He says, “Whoever receives a prophet because he is a prophet will receive a prophet’s reward, and whoever receives a righteous man because he is a righteous man will receive a righteous man’s reward.” It’s how I feel towards my parishioners who have accepted me and believed in my leadership. Indeed, may they receive in abundance a prophet’s reward! *** Fr. Rodel “Odey” Balagtas is the pastor of Incarnation Church in Glendale, California.
learn: humility, self sacrifice, and the willingness to serve with every drop of my blood before i can truly be worthy of that compliment.” Although Kris thinks she is not worthy to be called her dad’s woman version, she assured her fellowmen that she got her deep love for her country from her parents.
Showbiz industry...
PAGE B1 which prompted him to leave showbiz for a while to become the head of Bureau of Customs’ Secret Service Unit in 1965. He also created his own film outfit, Imus Productions, through which he starred in almost 300 films in almost six decades or until 2005. Most notably, he rose to fame portraying the Cavite gangster “Nardong Putik” (1972) and the seemingly invincible crime crusader “Pepeng Agimat” (1973) in movies. These characters gave him the image of having superhuman powers through the help of his “anting-anting” (amulets). In 1973, he won as Famas Best Actor Award for “Hulihin si Tiyagong Akyat,” together with his
son Marlon for a Famas Best Child Actor Award of the same movie. His Imus Productions was awarded as Outstanding Film Production in 1975. The following year, he bagged the Outstanding Producer of the Year award. He was hailed as Most Outstanding Actor and Box Office King in 1979, while in 2011, the 33rd Catholic Mass Media Awards Night conferred Ramon Sr. the Lifetime Achievement Award. In 1992, Ramon Sr. became a senator and held office until the end of his two terms in 2004. Among his achievements included an amendment to the country’s Family Code Law that enables illegitimate children to use the surname of their father “if their affiliation has been expressly recognized by the father
“BUT i share with both my parents an unwavering LOVE for the Philippines and Filipinos, come what may, ano man ang pagsubok, mahal ko ang bayan natin at gagawin ko ang makakaya ko para tumulong sa kapwa para makabangon tayong muli. That is the best Father’s Day gift i can give Ninoy Aquino.” through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father.” “The child should not suffer the stigma of his illegitimacy,” Ramon Sr. was once quoted as saying. He fathered at least 72 children from 16 women. Last Father’s Day, Bong honored his father by giving everyone a virtual tour of his dad’s room, photos and memorabilia. On his 90th birthday last 2017, Ramon Sr.’s 10-meter bronze statue by Filipino sculptor and National Artist Eduardo Castrillo was unveiled in his home in Bacoor, Cavite, alongside the opening of “Memo Revilla,” a museum showcasing his old pictures and film memorabilia, including his famous “anting-anting” and “Panday” sword.
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Netizens root for Bea-Vico
met for the first time over the By Christina alpad weekend. ManilaTimes.net They even took the liberty of IT took one Instagram photo suggesting what nickname to give of actress Bea Alonzo Alonzo and the love team with #BeVico and Pasig City Mayor Vico Sotto and her #BeyVico on top of the list. caption, “Hi Mama! Nakilala ko na Alonzo and Sotto, however, met ang paborito mo!” to give birth to for a meaningful purpose. The social media’s newest “ship.” former led her co-founded charity, Netizens were instantly giddy “I Am Hope” in turning over relief and shipped — a slang that de- bags and disinfectants for the frontThe post that got netizens shipping Bea scribes a fan’s desire for two people liners of Pasig. to be in a romantic relationship “In line with Father’s Day, we Alonzo and Pasig City Mayor Vico Sotto. Photo from Instagram/@beaalonzo — the two when they apparently intend to celebrate the fathers who choose to serve the community by cleaning the streets and picking up our garbage. Maraming salamat po sa mga tatay na street sweepers at garbage collectors sa pagtulong sa ating kumunidad at sa pagtatrabaho ng marangal para sa kanilang pamilya,” Alonzo noted in her post. The actress’ opening line for “Mama” by the way tickled Alonzo’s fans because it was actually for Coney Reyes — Sotto’s mom in real life — who played her onscreen mother in the film “Four Sisters and A Wedding.” It was an iconic line Alonzo’s character uttered when she accused her mother she is playing favorites among her children. Shortly after posting the picture, Pasig’s 31-year-old mayor wrote in the comments, “Thank you for helping and congrats for the success of I Am Hope!” Alonzo, 32, replied, “You’re welcome! We at I Am Hope, are so inspired seeing how the people of Pasig look up to you and respect you. Thank you for the warmth.” The post has earned 408,000 likes as of this writing and almost 10,000 comments, some of which came from celebrities as well. “Hindi mo ba alam yung 3 feet rule, Basha? Happy for you paps. #BeVico #BeyVico,” wrote Janus del Prado referring to his co-star Alonzo’s character in the movie “One More Chance.” Dimples Romana, who was also part of the movie, backed del Prado and commented, “#BeyVico pasok!” In a separate comment she added, “Ay o, napangiti ako. Kind hearts.” Finally, writer and creative producer G3 San Diego put into words what everyone in the comments section wanted to point out: “Imagine all the good you can do together.” Alonzo has been single since her public falling out with former boyfriend Gerald Anderson, while Sotto is single and labeled himself as “no girlfriend since birth.”
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In loving memory of
Melba Aguirre Tugade
March 3, 1919 (Cadiz, Negros Occidental, Philippines) June 14, 2020 (San Gabriel, California) MELBA was born on March 3, 1919 in Cadiz, Negros Occidental to Simplicio Aguirre and Nicolasa Pineda. Melba was the eldest of five siblings – Ernesto, Cesar, Hector, and Serafin. Education and learning were always priorities for Melba. She attended Negros Occidental Provincial High School, where she was known as the “brains and beauty of the school.” She earned a Bachelor of Science in Education from Philippine Normal School (University). While at university, Melba met her future husband, the late Attorney Dominador T. Tugade, who was attending law school nearby in Manila. Melba and Dominador married on March 2, 1949. Melba obtained her Elementary Teacher’s Certificate, and taught elementary school in Manila. She went on to pursue graduate education, with grants to study at Iowa State University for two years, and in the U.K. for two years. She received a Master of Arts in Education from Far Eastern University in 1953. She later received a Ph.D. in Statistics at the University of Santo Tomas. Melba used her education to advocate for improved access and quality of education, first as the Division Chief of Measurement and Evaluation for the Philippine Bureau of Education, then travelling the world to meet educators and raise funds for children across Southeast Asia for Innotech: Innovation in Technology Center in Southeast Asia, an initiative of the Southeast Asia Ministers of Education. Melba’s travels spanned Europe, North and South America, Africa, and the rest of Asia. Melba would go on to become a professor for the Ph.D. program at Arellano University in Manila. Among her many achievements, Melba contributed to the SAT (Scholastic Aptitude Test). Melba and Dominador had four children, Thelma, Isabelo (Bill), Teresita (Tess), and
Dominador Jr. (Jun), who all graced Melba and Dominador with a number of grandchildren, and even great grandchildren. Melba and Dominador joined their children in Los Angeles in 1996, living with Tess, who used her professional proficiency as a nurse to dedicate decades to taking the best possible care of her parents. Melba would go on to use her expertise to put each of her grandchildren through rigorous SAT preparation and tutelage, much to their chagrin and benefit. She never stopped telling her grandchildren how proud she was of them, and that she was praying for their success and happiness. Melba Aguirre Tugade lived to 101 years old (although she would often say she wanted to make it to 400 years old). Her secrets to long life included her positive outlook, over-thetop-generosity, kindness, love of learning, and her sincere desire to help people around
her without any gain or expectation of something in return. She also ate copious amounts of raw cloves of garlic. When asked what her number one piece of advice was at such an advanced age, she would say that the most important thing in life was to choose a good partner. She kept correspondences spanning years with friends, colleagues, and former students and research assistants, always sharing interesting news clips and exalting in others’ successes. She saw the good in every person, was very optimistic, and had an infectious laugh. She was highly educated, accomplished, strong, focused, and a loving wife, mother, grandmother, friend, and mentor. Melba passed away at home in her sleep on June 14, 2020 in San Gabriel, California. She is survived by her four children, and numerous grandchildren and great-grandchildren.
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Advantages of tax-driven (fake) divorce Business owner needs Chapter 7 relief for $100K credit cards Tax Tips
VictoR Sy, cPA, mBA & RogeR L. oRieL WOULD you fake a divorce to save income taxes? I don’t advise it but let’s discuss it anyway benefits this week and drawbacks next week. Medicaid for nursing home: A sick spouse in need of nursing home care might have too much in assets to qualify for Medicaid. You can slowly draw down your assets, deplete your retirement accounts
and pay down the bills. There might be an alternative – divorce that will allow the sick partner to have little assets and qualify for Medicaid. Financial aid for a child: Divorce may help your child qualify for financial aid. A custodial parent who is responsible for filling out an Application for Federal Student Aid, has lower income and lower assets, could get more federal aid for college than a married couple. Marriage penalty: High-earning couples could end up paying more taxes if they file jointly. There’s a so-called marriage penalty that causes them to pay more if their taxable income is
in the 37% tax bracket. Filing as single or heads of household can place each in a lower tax bracket. *** 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.
I-601A provisional unlawful presence waiver Tapat Sa Batas Atty. RheA SAmSon ANG isang dayuhan na ineligible sa pagkuha ng green card sa loob ng U.S. dahil sa unlawful presence ay maaaring magapply ng I-601A Provisional Unlawful Presence Waiver bago siya umalis ng US para sa consular immigrant visa interview. Upang maging eligible para sa provisional unlawful presence
waiver, ang mga sumusunod ang kinakailangan: (1) ang dayuhan ay nasa loob ng U.S.; (2) ang dayuhan ay may 17 taong gulang; (3) ang dayuhan ay nasa proseso ng pagkuha ng kanyang immigrant visa at may nakasalang na immigrant case sa Department of State (DOS) base sa aprubadong I-130 family-based petition o I-140 employment-based petition; (4) maipapakita ng dayuhan na ang hindi pagbigay sa kanya ng immigrant visa ay magdudulot ng extreme hardship sa kanyang “qualifying relative”; (5) naniniwala ang dayuhan na ang kanyang inadmissibility ay dahil lamang sa kanyang unlawful
presence sa loob ng U.S. na mahigit sa 180 araw pero di umabot ng isang taon sa isang pagpunta niya sa U.S., o kaya ay unlawful presence na higit sa isang taon sa isang pagpunta niya sa U.S. Kung ang dayuhan ay nasa removal proceedings, hindi siya maaaring mag-apply ng I-601A waiver hanggat aprubahan ng Immigration Judge ang administrative closure ng kanyang kaso. Ang I-601A Waiver ay kailangang i-file sa USCIS. Kapag naaprubahan na ng USCIS ang I-601A provisional unlawful presence waiver, ang dayuhan ay kinakailangang lumabas ng PAGE B8
Family law issues during the COVID-19 pandemic
THE COVID-19 Pandemic has changed our lives almost overnight. Not only has it changed our lives in terms of our daily routine, jobs, lifestyle, but also our relationship with our family members under the Stay at Home orders in place in major cities such as Los Angeles, Divorce caused by Financial and Emotional Stress China is a few months ahead of the US in terms of the impact of this pandemic on families. Statistics show that the number of couples filing for divorce in China is reportedly way up after long periods
Barrister’s Corner Atty. Kenneth URSUA ReyeS of COVID 19-related confinement. This gives us a glimpse of the months to come after the stay at home order has been lifted. The rapid spread of the corona virus has destabilized every household particularly
those of parents. The closure of schools and child-care facilities has created challenges for scores of parents who must figure out how to keep their children safe while continuing to work from home. The current situation has posed significant challenge to parents with existing custody orders. Many parents are attempting to renegotiate the terms of the existing custody orders at a moment when emotions run high and the Courts are closed for most hearings. Most families have roles to PAGE B7
any way. So, the client had a net of $150,000 after deducting selling commissions and other escrow expenses. Since the sale, the debtor has left the house and the buyer has moved into the house. That Atty. LAwRence yAng appears to be a bona fide (for real) sale to a third party at the THE first client is in his current fair market value at 40s, married with two chil- the time of sale. dren, ages 8 and 9. He doesn’t own a house. The absence of a house makes eligibility analysis easier. If he did own a house, the current equity in the house would come into play and dominate the entire analysis for eligibility. If the equity in the house is more than $100,000, then it’s better all-around to file a Chapter 13, not Chapter 7. For the client in his 40s with a wife and two children, he would be able to exempt $100,000 of equity in the house in Chapter 7. For example, if the current fair market value of the residence were $700,000 and the balance of the mortgage $600,000, then the equity is $100,000 and fully within the homestead exemption 704.730 of the California Code of Civil Procedure. It does not matter if a homestead claim was ever filed, it’s automatic by operation of law that $100,000 is exempt if there is at least one family member who lives with the debtor in the residence. If the debtor lives by himself in the residence, then he can only claim $75,000 as a homestead exemption for the very same house. Analysis of owning a residence The client doesn’t own a house so the house exemption issue does not even come into the equation. Now the next question is did debtor sell or transfer ownership in a house within the last year, two years or four years. If affirmative, the issue that must be resolved first is whether or not that transfer was a bona fide sale to a third person for value, or was it done under suspicious circumstances. What’s a bona fide sale to a third person for value? In this example, let’s say the client sold his house last year for $750,000 to a buyer who is not related to him in
Debt Relief
In that event, the Chapter 7 trustee would not be able to question the legality of the sale. All he can ask the debtor is “what happened to the $150,000 that you received from the sale of the house?” The client would have to explain how the $150,000 was used up. An acceptable explaPAGE B6
B June 27-30, 2020 • LA WeeKenD ASIAn JOuRnAL
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Business owner needs Chapter... PAGE B5 nation would be: well, I had no income so my monthly expense was $5,000 a month, so that used up $60,000. Then I put $50,000 into my business to keep it afloat because business started to slow down a lot starting November of 2019. And I sent $20,000 to my father for his kidney transplant abroad. I still have $20,000 left. The most that the trustee would ask for is documentary proof to corroborate the explanation. What happens to the $20,000 of cash left with the debtor? He can keep the entire amount using the wild card exemption 703.140(b)(5) of the California Code of Civil Procedure. Sale under suspicious circumstances What is a sale under suspicious circumstances? Let’s say the client sold his house to his brother-in-law in exchange for nothing, just a straight out quitclaim. The brother-in-law now holds title to the house in his own name. The client is no longer on the title but who
EMPLOYMENT
lives in the house? The client and his family continue to live in the house. Obviously, this is a spurious sale that can easily be invalidated by the Chapter 7 trustee. When the sale is invalidated, the entire equity of $150,000 would become part of the bankruptcy estate subject to the jurisdiction of the trustee, and the client would not be able to save the $100,000 by claiming it as his homestead of exemption. House not part of bankruptcy estate Certainly, there are many other possible circumstances that may apply. For example, the client can say that even if his name is on the title, the house doesn’t belong to him, that the house belongs to his parents who provided the $100,000 down payment on the house, and all of the monthly mortgage payments were all paid by his parents. If there are documents to prove this explanation, then it should be smooth sailing for the client. There could be a possibility that the trustee may attempt
to challenge this explanation through an adversarial proceeding consisting of a complaint and a trial, but if client documents are adequate, the trial judge would likely rule in favor of the client that the house belongs to his parents, not to him. Therefore, the house is not the property of the bankruptcy estate. This is more easily said than done, and the litigation may take at least a year or two to reach trial but with good documents, the preponderance of the evidence is in favor of the debtor. Why the client owes $100K credit cards But in our discussion, the client has no house and has not been involved in any transfer of any house in the last couple of years. So this is excellent for his qualification for Chapter 7. How did the client get to owe $100,000 of credit cards? It appears that most of the $100,000 went into the financing of his business in the last five years. When the busi-
EMPLOYMENT
ness was good, gross sales were about $15,000 a month with net profit about $3,000 a month. Well, with $100,000 of credit cards, the client needs $3,000 a month for minimum credit card payments to keep the $100,000 current, which wipes out the entire profit. So what’s the point of doing this kind of business when all along, the client is doing is slaving away for Mastercard and Visa every month? There’s no point, right. But if he wiped out the $100,000 of cards with Chapter 7, then his net profit would be $3,000 a month, and he’s still his own boss. All around, that’s a lot better situation to be in. No debt and with $3,000 net profit a month. Then the pandemic showed its ugly face. So from $12,000 a month of gross sales, sales for the last three months have been zero. No sales. Believe it or not, that’s the truth, there’s just no sale at all. He still wants to continue the business even if he files for Chapter 7. Can he do this? Sure he can file for Chapter 7 and still keep the business assuming certain conditions are met. One condition is he must be able to
exempt the fair market value of the business. Another condition is that he must have liability insurance to cover any accidents on the business premises. Pandemic’s throttling effect on business This pandemic has put a throttle on all of us, to say the least. For business people, there’s the added burden of what to do with the business: To close or not to close permanently and start again fresh later with no debt. It is estimated that at least a third of small businesses will opt for filing bankruptcy to deal with this situation. It’s the right thing to do. As I said so many times before, even Walt Disney filed for Chapter 7 twice before Disney became wildly successful. Every businessman knows that a fresh start without accumulated debt is the right way to go. Even Milton Hershey of Hershey Chocolates, the biggest chocolate business in the world today also filed for Chapter 7 once before his chocolate business became successful. What other well-known businesses are under bankruptcy
EMPLOYMENT
FOR RENT
right now? Sears, Toys R Us, Hertz Rent A Car and Forever 21, to name a few. You’ve all done business with these companies at one time or another, haven’t you? They are all going through bankruptcy reorganization right now. So don’t feel bad if you have a small business that’s getting killed right now. Another client just obtained $120,000 to cover his payroll from government loans that could become grants. But the entire $120,000 has been spent, and there still no business! Well, that’s another story for another day. *** 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)
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When employees refuse employer’s illegal instructions Protecting employees from retaliation for whistleblowing
SHUJUN Qiu was hired by Three Rivers Provider Network Inc. as its controller. Throughout her employment, Qui excelled at her job and her employer had no complaints about her performance. She was eventually promoted to corporate treasurer. On the fifth month of her employment, Qui was informed by another employee that she was sexually harassed by the owner of the company. Qui immediately reported the sexual harassment to the company’s human resources department. Qui did not know that the head of HR was a long-time friend of the company owner. A few days later, the company owner requested Qui to liquidate a subsidiary bank account. Qui believed that this request was illegal. She went to management and advised that she could not do as the owner asked because she believed this course of action was illegal. One week later, Qui was fired from her job. She alleged that the CEO withheld her final wages in an attempt to force her to sign a waiver and release of claims. Qui refused to sign. The CEO then tried to get Qui to sign a “confidentiality” agreement, where Qui was asked to confirm that she was not aware of any “accounting irregularities” and that she had not reported any. She again refused to sign this document. Instead, Qui filed a lawsuit against her former employer for several violations of the Labor Code, for retaliation under the Fair Employment and
Protecting Employee & Consumer Rights Atty. C. Joe SAyAS, Jr. Housing Act, and for wrongful termination, among others. Qui claimed that the employer’s conduct caused her sleeplessness, anxiety, emotional distress, and mental harm. The employer’s reasons for firing Qui kept changing: 1) her position was eliminated; 2) the employer did not trust her; 3) liquidating a subsidiary bank account was not against the law; and 4) Qui never reported any sexual harassment. Qui argued that the employer’s reasons for firing her were pretext. The real reason, said Qui, was that the employer retaliated against her for disclosing an illegal conduct and refusing to participate in it, and for opposing and reporting the owner’s sexual harassment of a company employee. Under California law, an employer may not terminate an employee for discriminatory or retaliatory reasons. Doing so may give rise to a wrongful termination claim. California specifically enacted the California Whistleblower Protection Act to protect whistleblowing employees from retaliation by their employers. It provides for civil liability against any person who threatens or retaliates against an employee for making a ‘protected disclosure’ as provided by law. An employee who refuses to participate in
unlawful activities is also protected. However, these protections and other important legal rights may be lost if the employee signs a waiver or release. Qui’s employer dangled the final payment of wages to induce Qui to sign a release/waiver. My law firm sees similar situations very often. If there is unlawful employer conduct, employees should not take the bait. An employee does not have to sign a release to get their final wages. Qui was smart to refuse the employer’s “offer” and pursue a legal action instead. Qui’s case went to trial. The jury sided with Qui, finding that she was indeed fired for her whistleblowing activity. She was awarded $4,072,402 in damages. If employees experience retaliation at work, they will do better to consult with an experienced employment attorney to explore their legal options. *** 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. [For more than 25 years, C. Joe Sayas, Jr., Esq. 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)
Family law issues during... PAGE B5 play for each member of the household such as the parents getting up and going to work or the child being in school. When these roles are radically changed in a time that we’re all feeling incredibly stretched emotionally creates major
LA WEEKEND ASIAN JOURNAL • JUNE 27-30, 2020
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Rescinding a removal or deportation order to allow you to apply for a green card WE have all heard the popular saying, “Timing is everything.” Unfortunately, this saying often adversely applies to those persons who have found an avenue from which to obtain a green card, only to be prevented from doing so because he/she has a prior removal or deportation order. A typical scenario involves a person who entered the U.S. years ago on a B-2 tourist visa, overstayed, and was ordered removed by the Immigration Court. Fast forward to today, that person who was ordered removed finds true love and marries a U.S. citizen. Seemingly close to finally obtaining permanent resident status, he/she is precluded from doing so because of the prior removal or deportation order. What options does one have in such a case? A motion to reopen the removal/deportation proceedings and rescind the removal/deportation order can be filed in Immigration Court. If the motion to reopen the proceedings and rescind the removal/deportation order is successful, the alien can pursue whatever relief from removal/deportation that is available to him/her. For the case mentioned in the first paragraph, the relief would be an adjustment of status from a permanent resident via marriage to a U.S. citizen spouse. The relief would be presented in Immigration Court, with the Immigration Judge to decide the merits of the adjustment of status application. Alternatively, if an agreement with the Department of Homeland Security (DHS) can be obtained
Angeles and later the State of California has stirred a lot stress on families. As a result the big stressors that lead to of confusion among divorced of this stress, marriages may divorce. Parents are trying to parents who share custody of fracture and may result to di- figure out how they can sup- their children. Stay at home vorce because the coronavirus port an entire family. orders have required California crisis is causing many families Effect of COVID-19 “Stay residents to remain at home, to experience job loss from the at Home Order” on Custody except if they need to go out massive layoffs caused by the Orders for essential needs such as for shutdown of the economy. FiThe stay at home order is- groceries, medication or health nancial stress is always one of sued by both the City of Los care appointments. People
Legal Advice Atty. DArriCk tAn to terminate the proceedings, a decision on the adjustment of status application can be made outside Immigration Court, by the USCIS. Generally, a motion to reopen removal/deportation proceedings must be filed within 90 days of the date of entry of the removal/deportation order. However, a motion to reopen may be filed past 90 days exist in some circumstances, and are discussed below. Under 8 CFR § 1003.23(b)(4), a motion to reopen can be filed at any time if notice of the proceedings was not received by the person subject to the removal/deportation order, and a removal/deportation order was entered in his absence. Written notice of the time and place of removal proceedings must be given in person to the alien, or shall be given by certified mail to the alien or to the alien’s counsel of record. INA §242B(a)(2)(A). Further, written notice of the proceedings, if provided by certified mail, must be provided at the most recent address reported by the alien. Matter of Grijalva, Interim Decision 3246 (BIA 1995). The requirements for notice of removal/deportation proceedings are strict, and careful analysis of a person’s immigration court file often results in finding evidence that the DHS did not comply with the required procedure, which can be the bacan’t go into work unless they are in certain essential jobs. The stay-home orders restrict travel for unapproved purposes. As a result, divorced parents didn’t know if they were allowed to travel to bring their children back and forth to the other parent during visitation schedules. There is confusion about whether the stay-
sis for reopening the removal/ deportation proceeding. Further, the Immigration Judge has discretionary authority to reopen or reconsider cases on his or her own motion (“sua sponte”) at any time providing a valid basis can be shown. 8 CFR § 1003.23(b)(1). Careful analysis of not only the immigration court file, but also the specific facts and circumstances of a person’s case is necessary to convince the Immigration Judge to reopen the proceedings. Some bases upon which cases I have been able to reopen cases include improper section cited by the DHS attorney in the charging document, insufficient evidence presented by the DHS attorney in proving up the case against the alien, and hardship and humanitarian concerns. If you have a prior removal/deportation order which is preventing you from adjusting status and getting your green card, it is recommended that you consult with an experienced attorney to determine whether a motion to reopen can be filed. *** Darrick V. Tan, Esq. is admitted to practice law in California and Nevada. Mr. Tan is a graduate of UCLA and Southwestern University School of Law. He is a member of the American Immigration Lawyers Association (AILA), the Consumers Attorney Association of Los Angeles (CAALA), and is a former member of the Board of Governors of the Philippine American Bar Association (PABA). *** LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010. Tel: 323-639-0277. Email: info@dtanlaw.com (Advertising Supplement) at-home order trumped the custody order or whether the court order trumped the stayat-home order. Custody and visitation orders are not affected by stay at home orders or other order restricting movement issued by a governmental entity that arises from the COVID-19 pandemic. PAGE B8
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Why most people are scared of bankruptcy
I-601A provisional unlawful presence... PAGE B5 U.S. upang ipagpatuloy ang pagproseso ng kanyang immigrant visa sa isang U.S. Embassy o U.S.Consulate. Ang approval ng provisional unlawful presence waiver ay hindi nagbibigay ng eligibility sa dayuhan para makakuha ng green card sa loob ng U.S. Ang approval ng I-601A Waiver ay maaari lamang maging epektibo kapag: (1) Ang dayuhan ay lumabas ng U.S. para sa kanyang immigrant visa interview; (2) Ang DOS Consular Officer ay nagkaroon ng determinasyon na ang dayuhan ay admissible sa U.S. at eligible para sa immigrant visa. Ang approved I-601A waiver ay maaaring mawalan ng bisa kung may ibang inadmissibility ang dayuhan bukod sa unlawful presence. Ang isa sa mga kailangan para sa I-601A Waiver ay ang pagdudulot ng extreme hardship sa “qualifying relative” ng dayuhan kung siya ay hindi makakabalik ng U.S. Ang “qualifying relative” ay asawa na USC/LPR o magulang na USC/LPR ng dayuhan. Hindi kasama sa “qualifying relative” ang USC/LPR na anak ng dayuhan. Maaari lamang isaalangalang ang extreme hardship sa anak na USC/LPR kung ito ay magdudulot ng pagpapahirap sa “qualifying relative.” *** Immigrant visa applicants who are ineligible to adjust status in the U.S. due to unlawful presence can apply for I-601A Provisional Unlawful Presence Waiver before they
leave the U.S. for their consular interview. To be eligible for provisional unlawful presence waiver, the alien must meet the following requirements: (1) alien is physically present in the US; (2) alien is at least 17 years old; (3) alien is in the process of obtaining his immigrant visa and has an immigrant case pending with the Department of State (DOS) due to an approved I-130 family-based petition or I-140 employment-based petition; (4) alien should be able to demonstrate that a refusal of his admission to the U.S. will cause extreme hardship to a “qualifying relative”; (5) the alien believes that s/he is inadmissible only because of a period of unlawful presence in the U.S. that was more than 180 days but less than 1 year during a single stay or 1 year or more during a single stay. If the alien is in removal proceedings, s/he cannot apply for I-601A provisional unlawful presence waiver unless the Immigration Judge administratively closes the case. Upon approval of the I-601A provisional unlawful presence waiver, the alien is required to depart the U.S. to process his immigrant visa at a U.S. Embassy or U.S.Consulate abroad. The approval of a provisional unlawful presence waiver does not make the alien eligible for adjustment of status in the U.S. The approval by USCIS of the provisional unlawful presence waiver takes effect only after: (1) the alien departs the US and appears for his immigrant visa interview; and (2) a DOS con-
sular officer determines that the alien is otherwise admissible to the U.S. and eligible to receive an immigrant visa. The approved I-601A waiver may be revoked if the consular officer at the U.S. Embassy or U.S. consulate determines that the alien is ineligible for the immigrant visa, including that the alien is inadmissible on grounds other than unlawful presence. One of the requirements for the I-601A Waiver is that the refusal of admission would result in extreme hardship to a “qualifying relative” – a USC/ LPR spouse or USC/LPR parent of the alien. Hardship to the applicant or other family members, like USC/LPR children of the alien does not establish eligibility for the waiver, and can only be considered insofar as it results in hardship to a “qualifying relative.” *** 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) 274-4561; Email: info@ samsonlawfirmpc.com.
(Advertising Supplement)
Minding Your Finances Atty. RAymond BulAon THE word “bankruptcy” is packed with all sorts of negative emotional triggers. It sounds bad — even dirty. It’s embarrassing. (What if people find out?!) People paint ugly pictures of what their lives will look like post-bankruptcy. But it’s not true. Bankruptcy is an opportunity to close one chapter of your life and open a new chapter — a better chapter. In this new chapter of your life, you get to make choices without the constant pressure of creditors breathing down your back. Your days will feel easier, your responsibilities more manageable, and your choices more abundant. How’s that for a change? To make the most of this new chapter, though, you have to face your fears. What I mean by “facing your fears” is this: Instead of worrying about how your bankruptcy will impact your life, make a plan so that you are in control. Intentionally set a course of action to make sure that your bankruptcy does not negatively impact your life. What does “facing your fears”
look like? Below are some practical suggestions that might help. Number 1: Start by making a list of all the things you are worried about with respect to your bankruptcy. This is important because it gives you the power to begin taking action steps to mitigate this fear. If the fear exists in your mind, but you have not put it to paper, you will continue ruminating about all of the what-ifs. This will cause your feelings of fear to intensify. Instead, make a simple list of your fears. This list might include things like: • I am worried that my friends and my family will find out. • I am worried that my boss will find out. • I am worried that I will not qualify for loans or credit cards. • I am worried about my credit score. • I am worried that I will be unable to get a job. Number Two: Now, for each item on the list, make a list of all the things that are within your control that you can do to manage your fears. For instance, let’s say that you are worried that your friends and your family will find out (which is highly unlikely). What are the things that are within your control that you can do to manage your fears? You might decide that you will feel better if you tell them directly about your bankruptcy. If this is your decision, you can then go about deciding when and how you will tell them. (Frankly, it’s none of their business, and no one completely understands what it’s like to be in your situation unless they were in your shoes. But I get it. Whether your fears are reasonable or not, they’re real to YOU and unless they are addressed, they can be paralyzing to the point that they stop you from taking action and moving forward with your life.) On the other hand, you might decide that because friends and family members are unlikely to find out about your bankruptcy, you will refrain from telling them but, instead, create a plan for responding to their inqui-
ries should they somehow find out (which, again, is highly unlikely). There is no right or wrong answer here. The important part is that you face your fears and determine what you can do that is within your control to address them. Having a plan will put many of your fears to rest. What are some of the other things you can do to face your fears? If you are worried about the impact the bankruptcy will have on your credit score, you can learn everything you can about credit-scoring, budgeting, and managing finances so that you feel empowered to make strong financial choices and build a better future for yourself and your family. You can talk to your bankruptcy attorney and ask for tips and advice. You can read books, take courses, or go online and search for free information. The truth is: People file for bankruptcy all the time, and they go on to live lives that are filled with happiness, laughter, and financial security. Your bankruptcy will not be a negative force if you make a proactive decision to face your fears and recover through bankruptcy. If you decide right here and now that your bankruptcy is going to be a positive force, then it will be! If you have not read my book, “What You Need to Know Before Filing Bankruptcy,” you can download it free of charge at www.beforefilingbk.com. For a free evaluation of your case, please call our office at Toll-Free 1-866-477-7772 to schedule a free consultation. Let us help you. *** NOTE: Due to the virus lockdown, I am currently offering consultations via phone or video. Please call the office to schedule your appointment with me. Questions? Email me at gethelp@ rjb-lawoffices.com. *** None of the information herein is intended to give legal advice for any specific situation. Atty. Ray Bulaon has successfully helped over 5,000 clients in getting out of debt. For a free attorney evaluation of your situation, please call RJB Law Offices at TOLL FREE 1-866-477-7772. (Advertising Supplement)
Family law issues... PAGE B7 The stay at home order does not change the existing parent-child custody orders that may be in place. Just the fear of pandemic is not enough to warrant keeping a child from seeing the other parent. If there is an actual threat of harm to the child, the Los Angeles Superior Court is available for ex parte emergency RFO to address these issues. However, parents should attempt to work together first to come up with some kind of temporary agreement that works for both the parents and for the kids that accommodates the problems caused by the pandemic and modify temporarily the existing custody orders as a solution to the current environment. For example, if exercising the father’s alternate weekend visitation exposes the child to other members of the father’s new household, perhaps the parents can temporarily agree to a virtual visitations such as zoom video conferencing, face time, and other apps available that allows the father to see the child and interact the child without exposing the child to the risk of contagion. The Los Angeles Superior Court has been continuing most hearings except for emergency hearings. It would serve the parties best to co-parent and work out a temporary custody agreement which can be turned into a temporary court order. Domestic Violence during Stay at Home Order Many domestic violence victims live with their abusers and are now being forced to isolate with their abusers. Victims may have also lost their source of income and are having a harder time connecting with their support systems such as the victim’s family. Leaving their situation is much more difficult during the pandemic. COVID-19 stay at home order in Los Angeles means victims might be stuck with their abusers. Victims might also be losing their job and income. For the most vulnerable people in the community, stay at home order is the same as putting them in a cage with a dangerous creature. Even though there may be an increase in domestic violence during this period, neither law enforcement nor the family courts may hear about the domestic violence and abuse because it
is usually the community that reports these incidents when children go to school, when people see their friends, when people are in a situation where other people see what’s going on. Now, teachers, childcare providers and, friends are physically cut off from the people and children they normally are in contact with daily. In addition, seeing businesses shuttered and paychecks halted has put intense pressure and hardship on a growing number of people and families who are becoming increasingly depressed. Many are self-medicating at home with drugs and alcohol. Add to that scenario the school closures and children and spouses sheltering together at home can create an extremely hostile, even dangerous, environment for many families. It is therefore important for victims to call the police or avail of the Family Courts by filing an application for a restraining order and a kick out order against the perpetrator. The Los Angeles Superior Court is available during this pandemic to issue such emergency orders to protect the victims of domestic violence. *** 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 is a Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section 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. Visit our website at Kenneth@kenreyeslaw.com. (Advertising Supplement)
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LA WEEKEND ASIAN JOURNAL • JUNE 27-30, 2020
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