JULY 25-28, 2020 Volume 30 - No. 58 • 2 Sections – 18 Pages
DATELINE
USA
FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
California continues to break coronavirus records as cases, deaths once again skyrocket
Young Filipino US soldier found dead cracks down on businesses, infection rate among younger adults increases near Texas Army base LA County most COVID-19 cases in the country with over 409,000 24, 9,718 new cases were reported and the statewide K M Third death of soldier near base within past month
A YOUNG Filipino U.S. soldier was found dead last week near the Fort Hood Army base in Texas, marking the third soldier death in the area within the past month. Private Mejhor Morta, 26, was found unresponsive on July 17 in the vicinity of Stillhouse Lake, about 20 miles from the base, officials said on Tuesday, July 21. “The Black Knight family is truly heartbroken by the tragic loss of Private Mejhor Morta,” said Lt. Col. Neil Armstrong, commander of 1st Bn. 5th Cav. Regt. “I would like to send my heartfelt condolences to his family, friends, and loved ones.” He added, “My thoughts and prayers are with them during this difficult time. Private Morta was a great Trooper and his loss is felt by every member within our formation.” Morta lived in Pensacola, Florida before u PAGE A3
by
LARIZE EDENILLA AJPress
AS CALIFORNIANS grow more restless over the coronavirus pandemic, the state continues to break its own records. This week, California now, cumulatively, has the
cases, surpassing New York, the former leader in cases, according to the Coronavirus Resource Center at Johns Hopkins University. On Wednesday, July 22 alone, 157 deaths were recorded, marking it as the state’s highest one-day toll so far, pushing fatalities up to 8,000. By Friday, July
Maria Ressa denies tax evasion charges by RITCHEL
MENDIOLA AJPress
48 Fil-Am elected officials, leaders endorse Biden for president FORTY-EIGHT Filipino American elected officials and leaders are among the over 250 Asian American and Pacific Islanders (AAPIs) who have publicly thrown their support behind former Vice President Joe Biden. The Fil-Ams include elected officials, California Assemblymembers Rob Bonta and Todd Gloria; Artesia Councilmember Melissa Ramoso; Peter Urscheler, Phoenixville, Pennsylvania mayor; and Hawaii state Senators Donovan Dela Cruz and Lorraine Inouye. Other high-profile names include actors Lou Diamond Philipps, Tia Carrere and Mark Dacascos. Overall, the group consists of AAPI elected officials, community leaders, small business owners, activists and artists around the country. “2020 is truly the most critical election of our lifetimes because the choice before us — and the consequences of our choices — could not be more stark. We need to elect a president who will bring leadership back to Washington, who can help re-center our nation’s moral compass, heal our nation’s u PAGE A3
7-day average shot up to 9,881 cases per day, up by nearly 1,000 from the previous week. The rise in cases and deaths, coupled with the public’s growing impatience with the stay-at-home order. Los Angeles County, in particular, has been scramu PAGE A2
CONSTANT REMINDER. A larger than life mural painting of comic Pinoy superhero, Captain Barbel, dons a face mask along Maginhawa Street in Quezon City on Friday, July 24. This is to remind passersby to wear a face mask in the fight against COVID-19. PNA photo by Joey O. Razon
RAPPLER co-founder and chief executive officer Maria Ressa on Wednesday, July 22, pleaded not guilty to her fifth tax evasion case before the Pasig Regional Trial Court (RTC). Ressa was arraigned by Pasig RTC Branch 157 Judge Ana Teresa Cornejo-Tomacruz over her alleged failure to supply correct information to Rappler’s value-added tax (VAT) return for the second quarter of 2015 which amounted to P294,258.58 (US$5963.29). The Rappler CEO said that during the hearing, the charge sheet was asked to be amended by the Department of Justice and the Bureau of Internal Revenue to include Rappler Holdings Corporation as her co-accused. The timing of the amendment, done just right before her arraignment despite the case being filed two years ago, was questioned by Ressa. “The information or the charge sheet for the criminal charge for the five tax evasion charges was written in such a hasty manner that they forgot to put the u PAGE A2
US donates P14.8M worth of PPE to PH by AJPRESS THE United States recently donated P14.8 million ($300,000) worth of personal protective equipment to the Philippine General Hospital and other coronavirus treatment centers in the Philippines. The U.S. Embassy in Manila said that the donation was made through the Defense Threat Reduction Agency (DTRA) and in coordination with the U.S. Agency for International Development (USAID). It also noted that the latest donation brought the overall U.S. assistance to the Philippines for COVID-19 response efforts to nearly P981 million ($19.8 million). “This delivery of PPE demonstrates our
ongoing commitment to the Philippines to stop COVID-19,” said U.S. Ambassador to the Philippines Sung Kim in a statement on Monday, July 20. “During this month, which began with a commemoration of Philippine-American Friendship Day, we are honored to support our Filipino friends, partners, and allies with the PPE they need to assist communities confronting the pandemic,” he added. The donation’s recipients were determined by a needs assessment based on pandemic infection rates, current PPE supply levels, and projected future needs. Meanwhile, Dr. Robert Pope, director of DTRA’s Cooperative Threat Reduction DTRA and USAID staff met with Philippine General Hospital Director Dr. Gerardo Legaspi (left), u PAGE A4
and delivered a donation of more than P3.6 million in PPE (right). Photo courtesy of the U.S. Embassy in Manila
Philippine government suspends Nursing homes to receive $5 billion non-essential outbound travel anew funding, Trump administration says by RITCHEL
MENDIOLA AJPress
MALACAÑANG on Thursday, July 23, announced that the Inter-Agency Task Force (IATF) for the Management for Emerging Infectious Diseases has once again suspended nonessential outbound air travel of Filipinos. According to Presidential Spokesperson Harry Roque, only one travel and health insurance company agreed to cover rebooking and accommodation expenses should a traveler contract the novel u PAGE A3
by RAE
ANN VARONA AJPress
The United States Department of Health and Human Services (HHS) will be providing $5 billion to nursing homes among other actions to help them deal with the coronavirus pandemic, the Trump administration said Wednesday, July 22. The fund is part of the Provider Relief Fund authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. “Nursing homes in higher risk OPLAN SITA. Members of the Quezon City Police District in Kamuning Station 10 check the driver’s license of motorists passing along Scout Ybardollaza Street in Quezon City on Tuesday, July 21. areas will be receiving more funding,” President Donald Trump “Oplan Sita” aims to enhance crime prevention by beefing up police visibility in the city. PNA photo by Robert Oswald P. Alfiler said in his coronavirus briefing.
“This money can be used to address critical needs, including the hiring of additional staff, increasing testing and providing technology support so residents can connect to their families.” Centers for Medicare and Medicaid Services (CMS) Administrator Seema Verma said after the briefing that CMS would announce the official mandates in a forthcoming rule. In order to qualify to receive the funding, nursing homes will be required to participate in a “Nursing Home COVID-19 Training” created by CMS in partnership with the U.S. Center for Disease Control and Prevention
(CDC), according to the agency. Increased testing will also be required for nursing home personnel in “states with the worst outbreaks,” Trump added. Testing was previously recommended, but not required. Under the new testing requirement, all nursing homes in states that have a 5% positivity rate or higher will be required to test their staff weekly. This comes after HHS and CMS announced last week that all nursing homes would be receiving rapid point-of-care diagnostic devices. u PAGE A4
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From the Front Page
Maria Ressa denies tax evasion... PAGE A1 t
company, they only included the target individual, Maria Ressa,” she said. “I can only laugh,” she added. In October 2018, Ressa was charged by the DOJ with five counts of tax evasion — four of which were filed before the Court of Tax Appeals. The fifth count, which was below the CTA’s 1-million-peso threshold, was filed in Pasig. According to the DOJ, RHC was a “dealer in securities,” noting the volume and frequency of its securities transactions. Around 119 million common shares were purchased by RHC from Rappler, Inc., which owns the news website Rappler, from 2014 to 2015. It also issued Philippine Depositary Receipts (PDR) to NBM Rappler and Omidyar Network Fund LLC. A PDR is a security that grants the holder the right to buy shares of stock of a corporation, but is not considered evidence of ownership.
Rappler co-founder and chief executive officer Maria Ressa attended the hearing on Wednesday, July 22 at the Pasic RTC Branch 157. Photo from Twitter/@mariaressa
State prosecutors noted that profits from RHC’s transactions worth P162.5 million are taxable under the Tax Code. Ressa, for her part, maintained that the charges are politicallymotivated. “If I don’t get justice now, I’ll get it later, these charges are politically-motivated, they are meant to harass, intimidate, to try to make us afraid to keep re-
porting. The best response to it is to keep reporting,” she said. Meanwhile, Malacañang said FISH DELIVERY. Workers wearing facemask deliver fresh farm-grown bangus and tilapia on Friday, July 24 to the Sta. Monica Market Novaliches Ressa is playing the victim card. in Quezon City. Food and produce deliveries have been essential, especially this time of the global coronavirus pandemic when travel and PNA photo by Oliver Marquez “It is evident that Maria Ressa mobility have been restricted. is playing the victim card,” said presidential spokesperson Harry Roque. “There is no truth to her allegation. The media can keep on reporting as long as they are not PAGE A1 t Notably, the rate of infection in COVID-19 transmission that violating any laws,” he added. n bling to remedy the disaster-level among younger residents is in- coincided with the re-opening of increases in cases and viral trans- creasing as well. According to large swaths of the economy that mission. The county reported 44 state officials, 70% of positive began on May 8. Though it was new deaths and 1,949 new cases cases are among individuals under designed to be a “slow reopening” of COVID-19 on Friday. (Accord- the age of 49. Although younger with a roadmap, the reopening of ing to the county, the case number people are less likely to severely shops, restaurants, grooming serreflects a tally lower than the actual suffer from the COVID-19 virus, vices, gyms and bars — that were number “due to lab result report- they can still transmit the virus to supposed to mandate social dising delays in the state electronic those who are more vulnerable to tancing and face coverings — led lab system” and that the number the fatal effects of the virus. to more and more people physiof cases is expected to increase in “The hospitalizations among cally socializing. the coming days.) younger adults are increasing, but Throughout the summer, more But despite widespread frustra- 75% percent of those who are dy- and more groups of Californians tion with the limitations of stay- ing right now are still older adults. started breaking social distancat-home orders, officials are now This is alarming and all these ing rules. Californians across considering a second, stricter it- numbers represent individual the state participated in family eration of the order. people who are missed, who are gatherings, nightlife and dinner On Thursday, July 23, LA County, loved and who are unwell,” said outings and other social convocawhich continues to see increased Dr. Muntu Davis, LA County’s tions in which bodies congregate cases and deaths, announced a Health Officer. in close quarters, leading to the new crackdown on businesses that In April, California lawmak- conclusion that residents’ frustraviolate COVID-19 protection pro- ers were hailed as leaders in the tions with safer-at-home orders tocols and mandates. That means battle to contain the pervading outweighed the collective effort businesses that don’t comply with pandemic. to shrink disease transmission via the statewide face covering or soCalifornia was the first state to quarantining. cial distancing mandates will be institute its own emergency shelNicholas Jewell, a biostatistics fined between $100 to $500 start- ter-in-place order, shutting down expert at UC Berkeley, told the ing at the end of August. most “non-essential” businesses Los Angeles Times that California So far 100 businesses were shut and encouraging all residents to “started to exit shelter-in-place down, LA County Public Health wear face masks and only leaving sometime around Memorial Day, reported. the house if absolutely necessary. both emotionally and physically, “We want to be reasonable and This resulted in relatively low and we are paying the price for work with business owners, but case and death numbers com- that.” we also know that time is of the es- pared to those of states like New He continued, “It’s like we sence to slow the spread of this vi- York and New Jersey that looked should be tip-toeing out on the ice rus and protect the health of work- to California for advice on how to [when] what we did instead was ers, customers and their families,” mitigate the spread. all run out on the ice, some not too Barbara Ferrer, LA County Public But by June, California became cautiously. And a lot of people fell Health Director, said. a hotbed of the virus, a sharp spike through the ice.” n
California continues to break...
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A
Philippine government suspends non-essential... Young Filipino US soldier found dead near... PAGE A1 t coronavirus. “Isa sa mga kondisyon doon ay ang pagkakaroon ng travel at health insurance to cover rebooking and accommodation expenses if stranded at hospitalization kung sakaling may infection (One of the conditions was to have travel and health insurance to cover rebooking and accommodation expenses if stranded and hospitalization in case there’s an infection),”Roque said in a virtual Palace briefing. “Ang malungkot na balita po, iisang insurance company lamang sa Pilipinas ang pumayag ng ganitong travel and health insurance kaya sinuspendi muna ng IATF ang non-essential outbound travel (The sad news is that only one insurance company in the Philippines agreed to this travel and health insurance that’s
why the IATF suspended nonessential outbound travel),” he added. Roque said that non-essential outbound travel will be suspended until more insurance companies are willing to provide coverage. “Ipadadala po natin ang communication sa Insurance Commission para sila na po ang humingi sa mga insurance companies na kinakailangan magbigay ng ganitong insurance coverage (We will send the communication to the Insurance Commission so that they will ask insurance companies to give this type of insurance coverage),” he said. Earlier, the IATF lifted the ban on non-essential outbound travel imposed last March provided that traveling individuals would submit confirmed roundtrip tickets for those traveling on tourist visas, trav-
el and health insurance, proof of allowed entry by the destination country, and a declaration acknowledging the risk of the travel. Roque, however, assured that passengers with confirmed bookings as of July 20 will be allowed to travel outside the country. He likewise said that the IATF approved the essential outbound travel of Filipinos but passengers would be subject to certain conditions like executing a Bureau of Immigration (BI) declaration acknowledging the risks involved in traveling, including the risk of delay in their return trip, to be provided for at the check-in counters by the airlines. The spokesman added that passengers should follow the guidelines of the National Task Force (NTF) for overseas Filipinos upon their return. n
48 Fil-Am elected officials, leaders endorse Biden... PAGE A1 t
soul, and bring us back to the path towards justice, equality, and integrity,” it said in a statement. The endorsement comes as Asian Americans are the fastest-growing segment, making up close to 5% of all eligible voters this year. Chinese, Filipino and Indian Americans comprise the top three groups in the U.S. Asian electorate, according to a recent report from Pew Research Center. California, New York, Texas, New Jersey and Hawaii are among the states with the largest share of Asian American eligible voters, it added. In a 2018 Asian American Voter Survey released by APIAVote and AAPI Data, 46% of total Asian Americans surveyed said they were not contacted by the Democratic Party, while 56% said they received no communication from the Republican Party. The same survey found that 22% of Filipinos surveyed said they had a “very favorable” impression of Trump, while 38% said “very unfavorable.” Meanwhile, 32% of Filipinos said they had a “somewhat favorable” impression of the Democratic Party and 28% said “somewhat favorable” of the Republican Party.Though AAPI voters have been often overlooked by the major political parties, the bloc may continue to show influence in key races and districts, especially in battleground states like Nevada, Wisconsin, Michigan, Florida and Arizona. The Trump campaign in May launched “Asian Americans for Trump,” co-chaired by FilAm Utah Attorney General Sean Reyes and Arizona State Treasurer Kimberly Yee. The advisory board includes six individuals of Filipino descent in various leadership positions. The full list of Fil-Ams supporting Biden include: AAPI Caucus Leadership: Dan Santos, Clark County (NV) Democratic Party AAPI Caucus Chair; Cora Quisumbing-King, New Hampshire Democratic Party AAPI Caucus Co-Chair; Joshua Ang Price, Arkansas Democratic Party AAPI Caucus Chair; Melissa Ramoso, California Democratic Party AAPI Caucus Chair; and Angelito Tenorio, Democratic AAPI Caucus of Wisconsin (Ad Hoc) Co-Chair State elected officials: Sen. Regine Biscoe Lee, Guam Legislature; Del. Kriselda Valderrama, Maryland General Assembly; Sen. Donovan Dela Cruz, Hawai’i Senate; Sen. Gil KeithAgaran, Hawai’i Senate; Sen. Lorraine Inouye, Hawai’i Senate; Rep. Della Bellati, Hawai’i House of Representatives; Rep. Romy Cachola, Hawai’i House of Representatives; Assemblymember Rob Bonta, California State Assembly; and Assemblymember Todd Gloria, California State Assembly Local elected officials: Brandon Elefante, Honolulu City Councilmember; Joey Manahan, Honolulu City Councilmember; and Peter Urscheler, Phoenixville, PA Mayor Former elected leaders: Ben Cayetano, Former Governor of Hawai’i and Velma Veloria, Former Washington State Representative Appointed officials (past and present): Jason Tengco, Former Deputy Director for the White House Initiative on Asian Americans and Pacific Islanders and Mike Ancheta Nisperos Jr., Chair of Vallejo Civil Service Commission Policy leaders & advocates: Maria Lourdes Tiglao, Truman National Security Project DC Chapter Director and Nelson Garcia, President of the Washington Intergovernmental Professional Group National community leaders: Fritz Friedman, Co-Founder of
Coalition of Asian Pacifics in Entertainment; Irene B. Bueno, Board Member at Asian American Action Fund; and Irene Natividad, Co-Chair for Endorsement at Asian American Action Fund State & local political leaders: Gerald G. Gubatan, Past President of the Pilipino American Los Angeles Democrats; Mary Grace Barrios, Past President of the Pilipino American Los Angeles Democrats; Brickwood Galuteria, Former Chair of the Hawai’i Democratic Party; Constantino “Coco” Alinsug, Massachusetts Democratic Party State Committee Member; Bertran D Palacios, Democratic Party of the Northern Mariana Islands Central Executive Committee Member; Shawna Indalecio, Democratic Party of the Northern Mariana Islands Central Executive Committee Member; and Sophia Perez, Democratic Party of the Northern Mariana Islands National Delegate Community leaders: Loren Nadres, Board Member at Asian American Action Fund; Teodora Gaite Schipper, Past President of the Filipino American Association of Pittsburgh Inc; and Brad Baldia,Co-Chair of Pennsylvania AAPIs for Biden Candidates for office: Marvin Lim, Candidate for Georgia General Assembly Arts & media: Lou Diamond
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY IFB No. JO136-21 TRACK AND TIE REHABILITACION SERVICES The Southern California Regional Rail Authority (Authority) is seeking Bids for a Job Order Contract (JOC) for TRACK AND TIE REHABILITATION SERVICES. The total value of the work to be performed under the contract shall not exceed $4,900,000, and the term of the contract shall not exceed one year. Beginning July 10, 2020, Invitations for Bid (IFB) documents may be obtained via download by visiting Authority’s website at https://www. planetbids.com/portal/portal. cfm?CompanyID=13821&Bid ID=73997 Electronic Bid Submittals are due at 2:00 p.m. on August 3, 2020. The contract to be awarded will be funded in part by grants under the U.S. Department of Transportation, Federal Transportation Administration and is subject to a DBE Participation Goal of 13%. Bidders must possess a valid Class “A” General Engineering California Contractor’s License at the time of contract award. All listed Subcontractors must also possess a valid California Contractor’s License for the type of work to be performed at the time of contract award. Payment of prevailing wages and compliance with all required employment and training programs established by the State of California Department of Industrial Relations is required. Compliance with Davis-Bacon regulations will be required. For further information contact: Yamil Ramirez Roman, Contract and Compliance Administrator at email RamirezY@scrra.net. 7/25/20 CNS-3382755# ASIAN JOURNAL (L.A.)
Phillips, Actor and Director; Mark Dacascos, Actor; and Tia Carrere, Actress and Singer Activist & advocates: Joselito Laudencia, California; Loreto Quevedo Dimaandal, California; Erin Pangilinan, California; Patricio N. Abinales, Hawai’i; Alberto Manalo, New Hampshire; Frances A. Castro, Northern Marianas Islands; Maria Tenorio Camacho, Northern Marianas Islands; and Ditas Valenzuela, Northern Marianas Islands. (AJPress)
PAGE A1 t joining the Army in September 2019 where he served as a Bradley Fighting Vehicle mechanic. Since May, Morta was assigned to the 1st Battalion, 5th Cavalry Regiment, 2nd Armored Brigade Combat Team, 1st Cavalry Division. Morta also received three awards — the Global War on Terrorism Service Medal, the National Defense Service medal, and the Army Service Ribbon. A Facebook page appearing to belong to Morta says that he is from Davao City, Philippines. “I reached out to his sister today and they are currently in the Philippines,” Hunter Proffitt, a friend of Morta, told 25 News. “He literally came over here, he joined the U.S. Army to help move his family over here. He wanted to move his family. He wanted to make a better life for himself and then we find out that this happens.” Morta’s body was found in the man-made lake by fishermen sometime after midnight last Friday, NPR reported. The sheriff’s department said the fishermen were in a boat near the base of the lake’s dam. Justice of Peace Garland Potvin ordered an autopsy that had a preliminary result showing the cause of death being “consistent with a drowning,” the sheriff’s department added. The medical examiner’s office in Dallas, Texas was performing a full autopsy report. Morta’s death marks the third
Private Mejhor Morta was discovered dead on July 17 near Fort Hood Army base. Photo courtesy of U.S. Army
time in a month that a soldier was found dead near the Fort Hood area. Officials said Tuesday that the incident was currently under investigation by the Bell County Sheriff’s Department. On June 21, skeletal remains were found in a field in Killeen, Texas, about three miles from the base. The remains were identified to have belonged to 24-year-old soldier Pvt. Gregory Scott Morales, also known as Gregory Wedel, who was missing since August 2019. On July 1, the body of Fort Hood soldier Pfc. Vanessa Guillen was found dismembered about 20 miles east of the base, after she had been reported missing since April. Another soldier, Aaron Robinson, was a suspect in the case and killed himself as police came to arrest him. Robinson’s girlfriend,
Cecily Aguilar, was arrested and charged with conspiracy to tamper with evidence. Following the death of Wedel and Guillen and before Morta’s, State Senator Carol Alvarado who represents Texas Senate District 6 said that the events could not be “ignored or overlooked.” “Ft. Hood is broken and it calls into question the competency of their leadership. As such, an independent and thorough investigation into the leadership at Ft. Hood is well within reason,” said Alvarado, adding that her office has been working with Congresswoman Sylvia Garcia’s office in a coordinated investigation effort. There is no indication that the deaths of Morales, Guillen, and Morta are connected as of press time. (Rae Ann Varona/ AJPress)
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Southern California Filipino businesses push through amidst latest shutdowns Asian American labor force and businesses disproportionately disrupted by COVID-19 compared to whites, UCLA report finds by Rae
The City of Glendale, California is urging residents to wear a mask or face a fine of up to $2,000.
City of Glendale to give $400 fine to those not wearing a mask GLENDALE is the latest Southern California city that has approved imposing a fine to those who are not wearing a facial covering in public. The city council on Tuesday, July 21 approved a measure that would fine individuals with $400 for a first violation. The fees escalate to $1,000 for a second violation and $2,000 for a third time. The order also allows businesses to refuse service to any-
one who does not cover their face or fails to comply with social distancing. “Businesses must also take all reasonable steps to ensure those in line or entering their business wear face coverings and comply with physical distancing requirements,” the city said in a statement. The city reminded residents and visitors to wear a face covering when in public, with excep-
tions, such as children under the age of 2, individuals with certain disabilities, or anyone who has trouble breathing “or is unconscious, incapacitated, or otherwise unable to remove the Face Covering without assistance.” The latest mandate follows other cities that have begun fining, such as Beverly Hills, West Hollywood, Santa Monica, Manhattan Beach and Calabasas. (AJPress)
US donates P14.8M worth of PPE...
PAGE A1 t Program, said they are proud to support “brave Filipino medical workers to ensure they are safe and healthy while providing essential medical care to those affected by this deadly virus.”
“We value our longstanding partnerships in the Philippines. One day, we will look back on these events and know that our partnership helped enable a robust response that saved lives and prevented further con-
tagion in the Philippines and the surrounding region,” he added. As of writing, there are now 76,444 confirmed COVID-19 cases, with 1,879 fatalities and 24,502 recoveries. n
ann VaRona AJPress
LAST week, California Governor Gavin Newsom announced that closures were once again being put in place as cases in the state continue to rise. On Friday, July 24, the state reached yet another grim milestone of 159 new COVID-19 related deaths. Effective since July 13, all California counties had to close indoor operations in dine-in restaurants, wineries and tasting rooms, movie theaters, family entertainment centers (i.e., bowling alleys, miniature golf, batting cages, and arcades), zoos and museums, and cardrooms. Bars and breweries across the state also had to close, regardless of whether they offered outdoor seating, unless they offered sitdown outdoor dining. Those buying alcohol are required to purchase it in the same transaction as a meal. Additional guidelines were made for counties that have remained on the County Monitoring List for three consecutive days, including all of Southern California counties. Counties on the watchlist were required to close gyms and fitness centers; places of worship and cultural ceremonies; offices for non-critical infrastructure sectors; personal care services, like nail salons, body waxing and tattoo parlors; and indoor shopping malls. Exceptions were made available for businesses and operations modified to operate outside or for pick-up. A number of Filipino businesses have found themselves among those having to adjust to federal and local ordinances. In Los Angeles’ San Fernando Valley, Fork & Spoon, Cuisine of the Philippines in Woodland Hills has joined other restaurants in providing outdoor dining, takeout, pickup, and delivery through their website and through apps like Doordash, Grubhub, and Postmates. “It has been very tough financially for the restaurant,” its owner Paul Fuentes told the Asian Journal. “But we will do our best to remain open all throughout the pandemic to continue to serve the Filipino community and our neighbors of the west of San Fernando Valley by serving, ‘Filipino food made from the heart.’” In Downtown Los Angeles, Filipino restaurants LASA in Chinatown’s Far East Plaza and Sari Sari Store in Grand Central Market have continued offering takeout and delivery in addition to their usual outdoor dining areas. Filipino-owned OSkin Med Spa has adapted to the ordinances by offering online skin consultations through Zoom and continuing to sell products online for shipping and curbside pickup at its Los Cer-
ritos Center location. Eagle Rock Plaza, which has long been a hub for Filipino shoppers, has transitioned to facilitating curbside pickup. “During these unprecedented times, the focus on the health and safety of shoppers and employees, resiliency, and innovation have been the priorities,” Amy Wang, the marketing manager of CBRE, which manages the property told the Asian Journal. Among the retailers and restaurants listed on their site offering curbside pickup are Filipino-owned Eye Q. Optometry, Chowking, Jollibee, Seafood City Supermarket, and Valerio’s Tropical Bakeshop. “Retailers and Eagle Rock Plaza have adapted and will continue to be flexible to meet the needs of our valued shoppers, operating mandates and recommendations,” she added. In ordering the shutdowns on indoor operations, Newsom did not give any specific date as to when ordinances would be lifted, but that the shutdowns would be in effect for at least three weeks. Report: Asian American labor force and businesses disproportionately disrupted by COVID-19 compared to whites The challenges felt by the FilAm community and its business owners as a result of the pandemic extends to the nation’s greater Asian American population. Asian Americans have been experiencing greater economic impacts as a result of the COVID-19 pandemic compared to non-Hispanic whites, according to a new UCLA report released Thursday, July 23. Researchers from the UCLA Center for Neighborhood Knowledge, the UCLA Asian American Studies Center, and Ong & Associates used information from unemployment claims, population surveys, and U.S. Census Bureau data in making their analyses. The economic impact on the nation as a whole was great as evidenced by the dramatic increase in unemployment. Between mid-February to midApril, approximately 25 million jobs were lost as the unemployment rate rose 14.7% in April. The report added, however, that the fact that the novel coronavirus originated in Asia may have affected Asian Americans to a greater degree due to xenophobia and racism. “Along with the rest of America, Asian Americans are highly impacted by this economic recession,” the researchers wrote. “However, the virus’s Asian origins may affect Asian Americans to a greater degree as racial and xenophobic tensions mount.” They cited a recent Pew survey report that said while Black and Asian Americans were more likely than Hispanics to experience racial slurs or jokes, Asian American
adults were also most likely to report having experienced such discrimination since the beginning of the outbreak. Looking at unemployment, the analysis found that Asian American unemployment rates were comparable to those of their white counterparts for the months of January and February at 3%. But as the coronavirus pandemic progressed, “both the Asian unemployment and jobless rates increased faster than the comparable white rates,” the report added. Using data during March and May of this year, the analysis found that the unemployment rate was nearly the same for Asians and whites in April at 14.5% and 14.2% respectively. But while official unemployment rates for May 2020 went down for the U.S. as a whole, the unemployment rate for Asian Americans increased to 15%, and estimated joblessness remained at 21%. In comparison, whites experienced a 12% unemployment rate and a 16% estimated joblessness rate. In California and New York, the unemployment impact on Asian Americans was further emphasized by Unemployment Insurance (UI) claims data. “Asian Americans comprise a larger number of workers making initial Unemployment Insurance claims,” the authors wrote. Despite making up 16% of California’s labor force in February, Asian Americans accounted for 19% of initial UI claims from mid-March to May. In New York where Asian Americans make up 9% of the state’s labor force, they filed 14% of initial UI claims by mid-April. One of the reasons for the disparate economic effects on Asian Americans had to do with the fact that Asian Americans are heavily concentrated in a small number of states and work in industries that are most affected by shelter-inplace mandates. Being that small businesses have long been a part of the Asian American economic landscape, the researchers also estimated that about 233,000 Asian American small businesses closed from February to April, representing a decline of 28% over the twomonth period. Over the same period, non-Hispanic white small businesses declined by 17%. “An important question for future research is if these disparities [will] continue as the economy reopens,” the researchers wrote. One policy recommendation is to extend UI benefits and small business assistance loan programs like the Paycheck Protection Program (PPP) and Economic Injury Dislocation Loans Programs. “We need to invest in all workers to ensure a robust recovery,” they wrote. n
Nursing homes to receive $5 billion funding...
PAGE A1 t
Trump said that over 600 testing devices were to be shipped this week, with more than 15,000 devices planned to be sent out over the next few months. CMS said that a list of nursing homes with increased cases will also be sent to state governors each week to “ensure states have the information needed to target their support to the highest risk nursing homes.” The new funding comes as an addition to a previously an-
nounced $4.9 billion fund meant to offset COVID-19 related costs incurred by nursing homes. The announcement also comes after presumptive Democratic presidential candidate Joe Biden announced a $775 billion family caregiver plan meant to expand access and fund child care, in-home elder care, and long-term care for those with disabilities. Nursing homes continue to be among environments with the high risk of contracting the coronavirus.
In California, poor quality of care in nursing homes played a major role in infection control, according to CalMatters. Of the more than 73 nursing homes that reported over 10 coronavirus related deaths, about half of them had “below average” or “much below average” ratings by Medicare. According to the California Department of Public Health, there have been 3,039 COVID-19 related resident deaths across 1,223 skilled nursing facilities in the state as of Thursday. n
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LA WEEKEND ASIAN JOURNAL • JULy 25-28, 2020
Dateline PhiliPPines
A
SWS: Most Filipinos still worry about getting COVID-19 Philippines seeks access to US COVID-19 vaccine by Ritchel
Mendiola AJPress
A MAJORITY of Filipinos in the Philippines are still worried about being infected with COVID-19, according to a survey released on Thursday, July 23. The latest survey by the Social Weather Stations (SWS) showed that 85% of Filipinos were worried that anyone in their immediate family might get COVID-19. Of the total percentage, 67% were “worried a great deal,” 18% were “somewhat worried,” while 8% “worried a little.” The remaining 7% said they were “not worried” about contracting the disease. “This hardly changed from the 87% worried (73% worried a great deal, 14% somewhat worried), 7% worried a little, and 7% not worried about catching the virus in May 2020,” the SWS said in its report. “Compared to past SWS surveys, worry about catching the COVID-19 is greater than worries about catching previous viruses such as Ebola, Swine Flu, Bird Flu, and Severe Acute Respiratory Syndrome (SARS),” it added. The pollster noted that Metro Manila recorded the highest number of Filipinos worried about catching the virus at 92%, followed by Balance Luzon at 87%, Visayas at 85%, and Min-
by chRistina
Mendez, delon PoRcalla
EARNING A LIVING. Karen Miranda, 34, a former overseas Filipino worker from Parañaque City who lost her job due to the pandemic, sells health and safety items under a footbridge in Cubao, Quezon City on Monday, July 20. Karen, a solo parent with two children, prepares and starts to sell gloves, face masks, sanitizers, and other items before dawn and earns an average of P300 daily. PNA photo by Robert Oswald P. Alfiler
danao at 77%. “Compared to May 2020, worry about catching the virus stayed at 92% in Metro Manila, while it rose slightly from 85% in Balance Luzon,” SWS said. “However, it declined from 91% in the Visayas, and from 85% in Mindanao,” it added. The survey also found that worry about catching COVID-19 rose among those aged 18 to 24, up from 84% to 88%. It also revealed that college graduates worry the most at
89%, followed by junior high school graduates at 86%, elementary graduates at 80%, and non-elementary graduates at 79%. The SWS survey, conducted from July 3 to 6 among 1,555 respondents, used mobile phone and computer-assisted interviewing. It had sampling error margins of ±2% for national percentages, ±6% for Metro Manila, ±5% for Balance Luzon, ±5% for the Visayas, and ±5% for Mindanao. n
HEALTH RISK. Two garbage collectors on top of a hauler truck are seen not wearing face masks as they pass along the Langit Road, Bagong Silang-Kanan, Caloocan City on Wednesday, July 22. Health authorities are always reminding the public on the importance of washing hands and wearing personal protective equipment including masks for front-liners to stop the spread of the coronavirus disease 2019. PNA photo by Ben Briones
standard for testing suspected carriers of the new coronavirus. Philstar.com Its result is determined in three to five days. MANILA — Ambassador to Those who undergo the sothe United States Jose Manuel called rapid test, which yields Romualdez has made represen- results in just hours, are still subtations with Washington to allow jected to RT-PCR. the Philippines access to a vacRomero, a congressman repcine against COVID-19 once it becomes available. This was announced yesterday by presidential spokesman Harry Roque Jr., who stressed that President Duterte is serious about procuring a vaccine at whatever cost just to ensure the safety of the Filipino people. “From what I know, there are countries which are already in the third stage of trial for the vaccine… China, England and America. Ambassador Romualdez has coordinated with the manufacturer of one of the vaccines so we can buy them,” Roque said. He also said the Philippines is also looking at China and the United Kingdom as possible sources of vaccine for COVID19. Roque said Chinese President Xi Jinping has assured Duterte of access to any vaccine developed in China. “When it comes to China, President Xi has assured our President that we will be one of those who will benefit from the vaccine,” Roque said. As for the Oxford vaccine being developed in the United Kingdom, medical experts have declared willingness to sell it for as low as $3 per unit. “University of Oxford promised they will not sell (the vaccine) at high price,” he said. As the wait for a COVID vaccine continues, a House leader said the Department of Health (DOH) should set a single, common price for the reverse transcription polymerase chain reaction (RT-PCR) swab test for suspected virus carriers. “I suggest that the DOH fix a common standard rate for this test for the guidance of our people,” Deputy Speaker Mikee Romero said following persistent reports that private and government hospitals are charging vastly different rates for the RTPCR process. RT-PCR is reportedly the gold
resenting 1Pacman party-list, said he learned that among nine private and government hospitals in Metro Manila, the cost for the gold-standard test ranges from P3,500 to P8,150. He said the Philippine Red Cross offers the cheapest swab screening at
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A6 JULY 25-28, 2020 • LA WEEKEND ASIAN JOURNAL
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OPiniOn
Unnecessary distraction
FeatURes
MALACAÑANG officials have said Charter change is no longer a priority of President Rodrigo Duterte. Politicians are of course free to discuss their ideas about amending the Constitution, even if the president did not even mention the issue in his State of the Nation Address last year. The only problem is the timing. The country is battling a still raging pandemic, with coronavirus disease 2019 infections and deaths still rising. As of Friday, July 24,, 1,505 new COVID cases in the country brought the total to 74,390, with 1,871 deaths and 24,383 recoveries. Analysts from the University of the Philippines, whose COVID-19 projections have so far proven to be frighteningly accurate, have warned that infections could hit a high of 80,000 by the end of August. The COVID-19 response calls for all hands on deck, with no distractions, especially self-serving political initiatives. Making the simplest amendment to the Constitution is a tortuous, politically contentious and divisive process that requires people’s approval in a national referendum. The result could be elevated to the Supreme Court. There is no way this latest Charter change initiative can be fast-tracked in the last two years of the Duterte administration. Simply finding funds for the Cha-cha initiative, which is backed by the Department of the Inte-
rior and Local Government, raises questions about the priorities of the administration. The government cannot even find enough funds to provide assistance under the social amelioration program to those hardest hit by the economic dislocation from the pandemic. There are debates on whether the government can even afford a stimulus package for private enterprises to prevent a deeper economic contraction. Local government units are in the forefront of efforts to prevent the further spread of COVID. And yet municipal mayors, backed by the DILG, are being distracted by the latest Cha-cha effort. While the mayors maintain that they simply want to institutionalize a greater share in national revenues and ease foreign ownership restrictions, their group’s president has disclosed a preference for a longer five-year term for themselves, with no limits to reelection. so people can make an informed choice during the The best time to initiate Cha-cha is at the start of referendum on the changes. a new administration, when there is enough time to Two proposed draft Charters, one for shifting to draft the proposals and present these to the public federalism, have been passed under the Duterte ad-
Editorial
Philstar.com photo
ministration. Both ended nowhere. The latest effort is an unnecessary distraction that raises questions about the capability of the government to contain a killer pandemic. (Philstar.com)
Dear Filipinos in America: The urgency of applying for dual citizenship if you need to visit the Philippines during the age of coronavirus
The Fil-Am Perspective GEL SANTOS-RELOS COVID-19 has made us realize how far away we are from the Motherland despite the conveniences of modern technology and apps like cellphones, Facetime, Viber, Zoom, Facebook, etc. While these help us keep in touch with our families back home, we have come to terms with the sad fact that without freedom of navigation, these could never take the place of seeing our loved ones face-to-face, holding them, being with them, especially during challenging times when they are sick, hurting and lonely. Worse, we could not be there during their end of life, not because we do not want to, but because we just could not. We could not board that plane and enter the Philippines as we used to during life before coronavirus pandemic, not just out of safety concerns, but because the Philippine government would not allow us to do so. As shared by San Francisco Consul General Henry Bensurto Jr, as of 22 July 2020: ALL FOREIGN PASSPORT HOLDERS (i.e., U.S., EU, ASEAN, Chinese, Japanese, etc) are TEMPORARILY not allowed to travel to or enter the Philippines during the pandemic. Per the ConGen’s info: A particular category of “BA-
LIKBAYAN” pertaining to “a former Filipino citizen and his family” is a foreigner holding a foreign passport. This particular category of BALIKBAYAN is defined as a former Filipino who lost his/her citizenship by naturalization in a foreign country (i.e. U.S.) or other similar modes of losing PH citizenship. By definition, therefore, this category of Balikbayan is not a Filipino citizen unless he/she reacquires Filipino citizenship under RA 9225. Until he/she reacquires his/her Filipino citizenship, he/she is not entitled to a Philippine passport or Travel Document. Obviously, as a foreigner, this particular category of Balikbayan only holds a foreign passport (such as U.S. or EU). Before the pandemic, this category of Balikbayan was able to enter the Philippines even with a foreign passport and without the need for a visa to the Philippines. HOWEVER, because of and during the pandemic, this particular category of Balikbayan who has not reacquired PH citizenship under RA 9225 and who only has foreign passport is TEMPORARILY not allowed to enter the Philippines under current regulations of the Bureau of Immigration and Deportation. In due time, this TEMPORARY RE-
STRICTION will be lifted when the pandemic conditions change and determined to be safe. Finally, FOREIGN PASSPORT HOLDERS who are SPOUSES or CHILDREN of Filipino citizens can ENTER the Philippines when traveling together with the Filipino spouse or parents. If NOT traveling TOGETHER with the Filipino spouse, the foreigner husband or wife must show proof of marriage, or in the case of foreigner children, proof of filiation DUAL CITIZENSHIP is the only way for us Filipinos in America who have already naturalized to visit despite the aforementioned limitations due to COVID-19. The good news is, the application and processing can be expedited. REQUIREMENTS: Applicant must personally appear and present the following documents: 1. Original and Photocopy of the following documents: Birth Certificate from the National Statistics Office (NSO)/ Philippine Statistics Authority (PSA) [apply here ] (The NSO/ PSA Birth Certificate must indicate/show Filipino as your nationality/citizenship) For those who elected Philippine citizenship: NSO/PSA Birth Certificate, Certified True Copy/ Certification issued by a Philip-
pine local civil registrar (LCR) that the statement of electing Philippine citizenship and oath of allegiance to the Philippines is registered with their office. • Foreign Naturalization Certificate OR A COMBINATION OF TWO (2) Documents FROM THE PHILIPPINES and ONE (1) Document FROM THE FOREIGN COUNTRY: In the absence of Item 1 a: Acceptable Philippine Documents (The Philippine documents must show the same name, date of birth and Filipino as your nationality/citizenship) • Old Philippine Passport • Philippine Birth Certificate registered with the Local Civil Registrar of the place of birth • Philippine Marriage Certificate registered with the Local Civil Registrar of the place of marriage • ID issued by a Philippine Government Agency with your photo, full name, date of birth and nationality indicated (ex. LTO driver’s license and Postal ID) In the absence of item 1 c: Acceptable Foreign Document • Foreign Passport with Notarized Affidavit of Explanation for not submitting Naturalization Certificate 2. Completed Dual Citizenship Application Form
3. Three (3) 2X2 COLORED ID Photos with WHITE Background without eyeglasses or colored contact lens taken within six (6) months from application The Consular Officer reserves the right to request additional documents from the applicant • For those applying with derivative dual citizenship: For each of the applicant’s child below 18 years old, the applicant shall present the original document and photocopy of the following documents: a) Child’s Birth certificate; b) Child’s Foreign passport and c) Child’s three (3) 2X2 COLORED ID Photos with WHITE Background without eyeglasses or colored contact lens taken within 6 months from application Note: Only children below 18 years old of age of former natural-born Filipinos may qualify for derivative dual citizenship. A derivative dual citizenship must be distinguished from a dual citizen by birth. A dual citizen by birth is a natural-born Filipino born in the US/foreign country that allows dual citizenship; thus all that person/parent’s of the person needs to do is Report the Birth [click here for requirements] FEES (Payable in Cash, Cashier’s Check or USPS Postal
Money Order) Dual Citizenship Processing: $50 per applicant Affidavit of Explanation: $25 per applicant Derivative Dual Citizenship Documents: $25 per derivative Certification/Certified True Copy of Dual Citizenship Documents: $25 per certificate or certified true copy SCHEDULE AT THE CONSULATE (Mondays-Fridays Except Holidays) Processing Time Oath Taking Schedule 9:00 am to 10:30 am Approximately 12 pm 1:00 pm to 2:30 pm Approximately 4pm WHAT ARE SOME OF THE BENEFITS? Filipinos who have re-acquired their Filipino citizenship under this Act may once again enjoy full civil and political rights under existing laws of the Philippines. Examples of these rights are: Right to vote in Philippine national elections Right to own land and property in the Philippines Right to engage in business or profession as a Filipino DO I NEED A PHILIPPINE PASSPORT TO TRAVEL TO THE PHILIPPINES? No, just bring your valid US/
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The problem is political illiteracy, not oligarchy and political dynasties
Commentary
ANTONIO P. CONTRERAS WHEN President Rodrigo Duterte began his war with the oligarchs while maintaining his close ties with many oligarchic clans and cliques, he betrayed not only the fundamental inconsistency in his actions, but also his sheer lack of familiarity with what oligarchy truly means. A call was earlier made by elected politicians such as Sen. Franklin Drilon and by my fellow academics in the discipline, for the President to be consistent in his war against oligarchs and to take on the crusade against political dynasties. They argue that political dynasties enable oligarchy, in that the concentration of power in only a few families is its very backbone. They want the President, who is actually the patriarch of a dynasty, with all his children by his first wife serving in elected positions, to certify as urgent the proposed anti-dynasty bill, and finally enable what has
been mandated in the 1987 Constitution but has yet to be enacted into law. This is where I offer a different take on the issue. The solution to the problems brought about by oligarchs and political dynasties is not legislative but culturalstructural. Banning political dynasties will not bring about the collapse of the oligarchy when the core of power is from rentseeking behavior and political patronage. While dynasties indeed enable the oligarchy, the latter is deeply rooted in the structural inequalities in wealth and power, and the weakness of our political institutions such as the political party system. The main lynchpin of Philippine politics lies in the ability of those who possess material wealth to influence political decision making. In the absence of strong political institutions, the boundary and rules governing the separation of the political elites from the economic elites become porous. Our political economic landscape is inhabited by wealthy families at the core of a moral economy that legitimizes
patronage. This is a direct outcome of weak social protection mechanisms, thereby forcing people to rely on patrons and personal ties, and not on impersonal rules and formal institutions. It is in this regard that the concentration of power and influence flows through capital — licit or illicit. Even without political families to serve as its conduit, capital will find a way to control the political process. This is the curse, and the cross, that we have to bear when politics is not autonomous from the economy. Even if you legislate against political dynasties, if it is at all possible, the economic elites will find a way, like water seeking its natural level, to influence the political process. They will now find a new nesting ground in political mafias and cliques that are no longer connected by blood but by affinity, that will continue to enable the concentration of power on a few political elites, which is the core of the oligarchy. We may have laws to prevent the children of any future president to run for office, but this will not stop wealthy
businessmen from befriending him to obtain favorable contracts inimical to the public interest. An anti-dynasty law will also not be sufficient to ban friends, fraternity brothers, kababayan and alalay from getting elected and become the new conduits that would enable the concentration of power inthe few. The real enemy here is the concentration of power. Oligarchy and political dynasties are just symptoms and structural manifestations of it. And the concentration of power in the political and economic elites is enabled because the people have abdicated their role as the sovereign, and their duty of actively participating in politics as empowered, rational and wellinformed citizens. The antidote to this is not a law banning political dynasties, although that may help. The solution is political literacy and education for people to become active citizens, to reclaim their sovereign power, at all levels. It is a reality that we live in a political landscape of extreme inequality. And to address this,
citizens will have to learn the virtue of criticism and the value of dissent. Political theorists Ernesto Laclau and Chantal Mouffe, whose ideas are labeled as part of the agonistic stream of the radical brand of democracy, argue that the oppressive power structures and relations in society should be made visible, renegotiated and changed through a kind of democracy that focuses on difference and dissent, and not just on equality, participation and consensus. Another agonistic theorist, Roberto Unger, has argued that what is needed is an empowered democracy, where radical political transformation in social institutions occurs at the level of the people, who empower themselves to affect change. Sheldon Wolin coined the term “fugitive democracy,” as he asserts that the core of politics are the ordinary people. It is really a contradiction when people demand that political dynasties cease to exist, but are averse to political participation even in their own organizations. It is odd when you have a
problem with oligarchs but are not active in your local communities. You have a problem with concentration of power, but you do not do something about it in your very own families and organizations. Academics need to go beyond their ranting and turn their scholarly endeavors into venues to speak truth to power, and not just to amass citations to win recognition as outstanding scientists or academicians. Political literacy is not about taking a formal course in political science. It is not just about being active in politics, more so when it is not for the public interest, but for you own selfinterest. You may not be part of the oligarchy, but you are an enabler of its toxic potential. Being politically literate is about learning to become responsible, well-informed and assertive agents of dissent. This is the only way we can diminish the power of oligarchs and render dynasties irrelevant. The only way to prevent the concentration of power in a few is for us the many to take it back. (ManilaTimes.net)
The views expressed by our Op-Ed contributors are solely their own and do not necessarily reflect the predilection of the editorial board and staff of Asian Journal.
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Dateline PhiliPPines
DOJ: Supreme Court to rule on merit, not number of lawsuits vs anti-terror law by Ritchel
Mendiola AJPress
Determining the legality of the Anti-terrorism Act of 2020 would be up to the Philippine Supreme Court, Justice Secretary menardo guevarra said on Friday, July 24. the justice secretary argued that resolving the legal challenges is under the purview of the high court based on the merits of the suits, not the number of petitions filed. “All these petitions, no matter how many they are, will boil down to a common set of constitutional issues,” he said. “the Supreme Court will resolve these issues on the merits of the arguments advanced by the parties concerned, and not on the basis of their number or personal or professional stature,” he added. As of writing, there are 19 petitions filed against the anti-terror law since President rodrigo Duterte signed the measure into law on July 3. the first petition was filed by a group of lawyers on July 4, seeking the issuance of a temporary restraining order and a writ of preliminary injunction to stop the law’s implementation. “[We] respectfully pray that judgment be rendered by the Honorable Supreme Court issuing a temporary restraining Order, Writ of Preliminary injunction and/or Other injunctive remedies to prevent the enforcement of the anti-terrorism act beginning July 19, 2020, the same having been published in the Official gazette on July 3, 2020,” the group, led by law professor and lawyer Howard Calleja, said. the latest petitions filed on Friday were by leaders of churches led by Catholic Bishop Broderick S. Pabillo; a coalition of women’s organizations represented by the general Assembly of Women for reforms, integrity, equality Leadership and Action, inc. (gabriela); and the Alternative Law groups, inc. (ALg). in Pabillo’s petition, the church leaders said they were “alarmed about the passage into law of the Anti-terrorism Act of 2020.” “the Honorable Court must have heard of people active in social advocacies who are accused of being communists. even bishops, priests, and the religious were included among those charged
Former House Rep. Lorenzo “Erin” Tañada III, Dean Jose Manuel “Chel” Diokno of the De La Salle University, and former House Rep. Jose Christopher “Kit” Belmonte file the 12th petition against the Anti-Terrorism Act before the Supreme Court on Thursday, July 23. ManilaTimes.net photo by Rene Dilan
by the Philippine national Police with crimes of sedition and inciting to sedition, solely because of their social advocacies,” they added. the ALg’s petition, meanwhile, pointed out that “a law which cannot specify the acts that it prohibits cannot be valid.” gabriela, for its part, said the anti-terror law’s definition of terrorsm “gives its implementing body, the Anti-terrorism Council, unbridled discretion and give it room to implement the law as an ‘arbitrary flexing of the government muscle’ against its perceived enemies.” the anti-terror law took effect on Saturday, July 18, despite the lack of implementing rules and regulations. guevarra said that the drafting of the irr is “just about to start” and will be ready within 90 days. “the law will take effect even without the irr because the promulgation of the irr is not a condition for the effectivity of the law. Some provisions are self-executing, like the organization of the AtC,” he said. “But there are provisions where operational details need to be spelled out or standards clearly defined in the irr for proper implementation of the law,” he added. Under the anti-terror law — which expands on the Human Security Act of 2007 — incitement of terrorism can be done “by means of speeches, proclamations, writings, emblems, banners or other representations…without taking any direct part in the commission of terrorism.” those arrested and detained may be held for 14 to 24 days. the new law enables the sus-
pected “terrorist” to also be placed under surveillance for 60 days, extendable by up to 30 more days, by the police or the military. Acts punishable under the law include: • engaging in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life; • engaging in acts intended to cause extensive damage or destruction to a government or public facility, public place, or private property; • engaging in acts intended to cause extensive interference with, damage, or destruction to critical infrastructure; • Developing, manufacturing, possessing, acquiring, transporting, supplying or using weapons; and • releasing of dangerous substances, or causing fire, floods or explosions. • Any person who proposes, incites, conspires, participates in the planning, training, preparation, and facilitation of a terrorist act, as well as those who will provide material support to terrorists and recruit members in a terrorist organization, will also be penalized by life imprisonment without the benefit of parole. meanwhile, anyone who threatens to commit terrorism, and those who propose any terroristic acts or incite others to commit terrorism, will suffer imprisonment of 12 years. this goes the same for anyone who voluntarily and knowingly joins any organization, association or group of persons knowing that such is a terrorist organization. n
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AFP: No more foreign terrorists in PH by Romina
CabReRa Philstar.com
MANILA — The military has confirmed the statement of Defense Secretary Delfin Lorenzana that there are no more foreign terrorists in the country. “Hanap kami nang hanap sa kanila. Talagang parang hindi na, walang traces of their presence. Ganun pa man, we do not lower our guard. We maintain our security posture,” Western Mindanao Command (Westmincom) chief Lt. Gen. Cirilito
ROLLING STORE. A man sells mobile phone charger and accessories, face mask, arm visor and headband with his “rolling” cart along Araneta Avenue in Quezon City on Wednesday, July 22. Ambulant vending is a popular source of livelihood in the country as they go around different parts of an area selling their wares. PNA photo by Joey O. Razon
Dear Filipinos in America: The urgency... PAGE A6
Foreign passport and your Dual Citizenship Documents when you go to the Philippines. HOW CAN I GET A PHILIPPINE PASSPORT? Present these documents to the passport processor: (1) Dual Citizenship Documents (2) Old Philippine Passport or in case of loss, Affidavit of Loss (3) Completed Passport Application Form and (4) Birth Certificate from the National Statistics Office/Philippine Statistics Authority (5) Marriage Certificate from the National Statistics Office/ Philippine Statistics Authority for females wishing to use their married surname for the first time. Check additional information here HOW LONG CAN I STAY IN THE PHILIPPINES? You can stay in the Philippines indefinitely provided that upon your arrival in the Philippines you present before the Philippine Immigration Officer your valid US/Foreign passport and your Dual Citizenship Documents. EXCEPTION: when you travel with your Foreign Husband/Wife/Child. You and your foreign husband/wife/child are entitled to a visa-free entry to the Philippines for a period of one (1) year from arrival in the Philippines, among other privileges, provided you all have round trip/ return tickets with the same return flight schedule to the US. OVERSEAS FILIPINO CITIZENS? (i.e., natural born,
naturalized, dual) They can enter the Philippines even during this pandemic. FILIPINO CITIZENS to be able to travel back to the Philippines, they must have the following documents with them: 1. A valid Philippine passport; or 2. A valid (one-way) Travel Document (issued in emergency cases only i.e., lost PH passport) A former Filipino who reacquired or retained his/her Philippine citizenship via RA 9225, Citizenship Retention and Reacquisition Act of 2003 (as dual), is a FILIPINO CITIZEN. Therefore, as a Filipino citizen, he or she can travel back to the Philippines. To be able to travel, he or she must have the abovementioned documents (Valid PH passport or valid Travel Document). If he/she does not have either of this, he/she may present the following documents in lieu of a PH passport: 1. Original copy of Identification Certificate (IC); 2. Original copy of the Order of Approval; 3. Original Copy of the Oath of Allegiance FOREIGNERS Beginning August 1, 2020, foreigners with WITH LONGTERM VISAS to the Philippines WILL BE ALLOWED ENTRY into the country. LONG-TERM VISAS pertain to the following: 1. Section 13 of Commonwealth Act 613 (13 quota, 13A,
13B, 13C, 13D, 13E, 13G visas); 2. RA 7919 Visa (Legal residence status granted to certain foreign nationals through a Social Integration Program in the Philippines under certain conditions as provided under RA 7919); 3. EO 324 Visa (Foreign nationals who have acquired permanent residency under Executive Order No. 324); and 4. Native Born Visa (Foreign nationals born in the Philippines whose parents, either or both, are lawful permanent residents) The ENTRY of FOREIGN NATIONALS is also SUBJECT to the following CONDITIONS: 1. Foreign nationals must have valid visas upon entry into the Philippines. 2. With pre-booked accredited quarantine facility; 3. With pre-booked COVID-19 testing provider; 4. Subject to the maximum capacity of inbound passengers at the port and date of entry. (IMPORTANT NOTE: This is without prejudice to applicable immigration laws, rules and regulations.) * * * 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.
Sobejana said. Lorenzana had earlier said the military is focusing on local terrorist groups, such as the Abu Sayyaf and Bangsamoro Islamic Freedom Fighters or Dawla Islamiyah. Sobejana said they are keeping a watchlist to ensure that these terrorists would not recruit civilians. ”Ang importante hindi sila makaporma, hindi sila makarecruit. Tinitiyak natin sa mga kababayan na ang ating security posture remains at its
highest,” he said. Sobejana said they had earlier identified eight foreigners from among the 59 terrorists on their watchlist in Mindanao. He said the location of these terrorists and their links with the Islamic State is being verified. Sobejana appealed to the public for their cooperation and support as he stressed that security is a shared responsibility between the state and civilians. n
Philippines seeks access to US COVID-19... PAGE A5
P3,500. He said a private hospital in Quezon City, which has a branch in Taguig City, reportedly charges P4,300, if one schedules an appointment, but the cost goes up to P8,000 for the drive-thru swab. He added that the government-owned Lung Center in Quezon City offers screening for P4,600. “The cost hospitals incur in doing the RT-PCR screening should not be much different. I am assuming that they are doing the same process and using the same equipment, and the personnel involved have the same training and experience,” Romero stressed. He pointed out that fixing a single price would prevent suspected coronavirus carriers from flocking to one or two hospitals offering lower rates – even if these are far from their places of residence or work – so they could save on cost. “It would enable more of our people, even those asymptomatic, to avail themselves of the services of these centers for their protection and peace of mind,” he said. At the same time, the House leader suggested that government hospitals and local government units with DOH-accredited laboratories offer the lowest cost possible for RT-PCR. He said DOH hospitals should also speed up gold-standard testing for their own doctors, nurses and other personnel who have been exposed to infected colleagues or patients. He lamented that some nurses of government specialty hospitals in Quezon City have had to
go to private test facilities to undergo testing. Sen. Bong Go, for his part, said the DOH and other concerned agencies should ensure the “availability, accessibility and affordability” of medicines needed by Filipinos in the light of the current health crisis. “We should not let a few take advantage of the situation where the poor die just because they can’t buy medicines,” Go said in Filipino. “There should be equality; not only the rich should be able to buy much needed medicines.” The chairman of the Senate committee on health and demography noted several reports of alleged overcharging of medicines in hospitals. He urged concerned Filipinos to report such abuses and called on the DOH to investigate the matter immediately. “Patients have no choice but to buy those medicines so they can go home,” he said. “I also learned that there are medicines that are not readily available,” he added. Go also said he wants a review of the list of Maximum Drug Retail Price (MDRP) of certain drugs and medicines, pursuant to Executive Order 104, signed by President Duterte last Feb. 17, and in accordance with the Cheaper Medicines Act of 2008. By expanding the MDRP list to include drugs and medicines vital to COVID-19 treatment, Go said the government can assure Filipinos of protection against abusive business practices. “As I have said many times before, healthcare is a right, not a commodity. We must prioritize the general welfare of our people over the business profits
of a few,” he said. The senator also cited the need for a National Vaccine Program so that the general public would have ready access to COVID-19 vaccine if and when it becomes available. Earlier, Surigao del Norte Rep. Robert Ace Barbers said he was “clueless” as to why Health Secretary Francisco Duque III – who has been widely criticized for his alleged ineptness – doesn’t want the “cheaper but world-class” test kits made by Filipino scientists from the University of the Philippines. “I’m clueless and wondering why the DOH is giving UP-NIH a hard time in allowing the use of cheaper but reliable Filipinomade test kits. The DOH appears to prefer non-FDA approved and more expensive China-made test kits with questionable usage reliability,” he observed. NIH stands for National Institutes of Health while FDA stands for Food and Drug Administration, the government agency tasked to test and accredit all forms of medicine and formula before being released into the local market. The UP test kits were funded by the Department of Science and Technology. The UP-developed test kit was approved by FDA for commercial use and manufacturing with an estimated cost of less than P2,000, or 75 percent cheaper than the imported test kits that were pegged at P8,000 per kit. “In my opinion, the swelling of cases of COVID-19 in the country is mainly due to Duque’s refusal to allow the use of world class and 75 percent cheaper Pinoy-made test kits,” Barbers said in Filipino. n
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Neurosurgery, Forever Changed: The Work of Tao Song
A
by Simon Zhang
Many people today do not consider that the average human life expectancy used to not exceed over 40 years, and even younger just a few centuries before. As society develops, so does our knowledge and ability to live healthier, longer lives—all things that people in the medical field strive to improve every day. One of these hardworking individuals is Tao Song, a neurosurgeon from China who specializes in spinal nerve function and treatment research. Inspired by his father, who was also a neurosurgeon, Song carried on his family’s legacy by becoming just as influential of a medical practitioner. Song’s contributions and insights have, without a doubt, permanently impacted the field of neurosurgery in China. For instance, he was the one who introduced the concept of using microsurgery to work with atlantoaxial dislocation to the Shandong province. In the past decade, he has also overseen the development of the Shandong Provincial Pain Medical Association Mini-Invasive Neurospinal Branch and has been constantly trying to bring more awareness towards spinal neurology. Song is currently a director of Shandong Provincial Hospital’s Neurosurgery Department, where he has already performed over hundreds of cases with great precision and success. The man’s work toward bettering the neuroscience field in Shandong does not just stop there— Song oversaw the progress of the Shandong Province Key Research and Development Plan, which was a project dedicated to researching how miRNA affects the growth and movement of pituitary tumor cells. Due to his accomplishments and ceaseless efforts in furthering
neuroscience in not just Shandong, but the world, Song has also received formal awards and recognition. Almost over two decades ago, he was awarded the third place Qingdao Science and Technology Advancement Award for his work on clinical applications of pituitary blood and surgery. Candidates for this award must have their work evaluated by a designated committee, and the winners are considered individuals who have made important innovations in a scientific or technological field. No more than six people are recognized for this award per year. A few years later, Song continued to become the recipient of the 2004 Bronze Shandong Science and Technology Award for his findings and insights in his project on improving the clinical and surgical treatment of hydrocephalus, a rare condition in which there is an excess of fluid in the brain that can cause cognitive issues and damage the organ. This award is only given to a select few people in their respective Chinese provinces per year, and those who received it have been considered as significant contributors to scientific innovation and breakthroughs. As such an influential medical professional, Song is also a member of various organizations and groups, many of which are dedicated to creating a network of others in the neurosurgery field. In 2016, Song was appointed a member of the Shandong Province Labor Committee and given the role of gauging workers’ health. This position is only given to those with “senior level” experience in the medical field and who have been judged to be people of good character and repute. In the same year, Song also became a part of the
standing committee of Shandong Medical Doctors Association’s Neurosurgery department. The organization has been operating since 2003 and has since formed over 92 official committees of talented physicians. Additionally, Song was appointed as the chairman of the Shandong Association of Pain Medicine’s Second Minimally Invasive Neurological Rehabilitation Professional Committee. This organization, founded in over three decades ago, aims to connect people across over thirty different medical disciplines who have had noteworthy impacts in their fields. Song is also a member of the standing committee for the International Chinese Federation of Neurological Sciences, the first international organization for the field in China. The federation also holds an academic conference on neuroscience research every two years. Song is also heavily involved in neuroscience association events and conferences. In 2018, he was chosen to attend the 10th Chinese-Japanese Friendship Neurological Symposium held in Odawara, an event targeted towards connecting people of the field from both countries. During that event, Song was gifted a Certificate of Appreciation. A year later, the Chinese Medical Association, which has existed for over a century, personally invited him to partake in the 2019 National Symposium that was focused on spinal surgery. Not only has Song performed remarkably as a neurosurgeon and member of the community, but he has also assisted in providing his knowledge toward academia. He has collaborated with others in writing valuable scholarly articles such as “Surgical treatment
for atlantoaxial dislocation combined with Cranio-cervical connection area formation (8 cases report),” featured in a volume of Journal of Shandong University (Health Sciences). He also has a position as an editor for Shandong Medical Journal, which has been a valuable academic source for compiling reviews, lectures, and research about medical technology and science since its inception in 1957. Song’s academic work has not only contributed to the knowledge of the Chinese neuroscience and by extension, the country’s overall medical field, but to the entire world. For instance, his work in articles such as “Effect of miR-106b on Invasiveness of Pituitary Adenoma via PTENPI3K/AKT” was featured in Medical Science Monitor, an international academic journal that has been a valuable source for those in the medical research field since 1995. He was also an author for an article regarding cell growth being blocked by Icariside II that was featured in the global journal, Molecular Medicine Reports, published by Spandidos Publications. With the new decade, society is being reminded of how essential medical practitioners are now more than ever. The journey to becoming a professional in the medical field is a long and arduous one, with no shortage of work to do even once one is properly licensed. However, as evidenced by individuals such as Tao Song, studying medicine and health has led to tremendous breakthroughs that have helped countless people across many different walks of life. Song especially as a pioneer figure in his field will, without a doubt, continue to improve neurosurgery and bring it to heights we have yet to see.
Li Zhao and CCSER – Finding Children Across Oceans by RichaRd Yang
Children have always been beacons in our society; they are symbols of innocence, familial love, and ultimately, a better future for us all. At the same time, children are arguably the overall most vulnerable group of people in the world. Across the globe, there are hundreds of thousands of missing children’s cases every year, of which many go unsolved. It is also undeniable that a number of these cases are not just simply cases of children wandering off, but kidnapping cases where the children are taken away, usually to be trafficked. However, there are also individuals in this world such as Li Zhao who want to confront the reality of this situation, get these children found, and brought back to their families. Trafficked and abducted children is a global issue, people have reported instances of having their children abducted within seconds of looking away. Even children who have barely learned how to walk have been subjected to kidnappings. Some families had to go through immense hardships to spread the word about their missing children, which is a daunting task in such a large country. Ms. Zhao came up against the challenge and put in tremendous amount of effort to promote the establishment of a countrywide emergency response mechanism for missing children in China. While countries such as the United States had more immediate alert systems for missing children such as the decades-old AMBER Alert model, China did not have a lot of means for early notifications about missing children. That is, until Zhao decided to rise up and change that fact. In response to the need for more resources and technological means to help with finding missing children, in 2015, Li Zhao established a
non-profit organization called China’s Child Safety Emergency Response (CCSER). Thanks to Zhao’s efforts with the group, CCSSER is equipped with technology that allows “protectors” with the CCSER application to easily send alerts about missing children to the application. The alerts are sent in 3 “phases” that depend on the protector’s closeness to the site where the child was reported missing. The messages are reviewed by CCSER staff and updates about the case are given to ensure there is no repetitive case reporting to confuse users. Zhao’s organization takes information and authenticity very seriously and collaborates with various sectors to ensure all the information being uploaded is true. When a child’s information is sent to the application, it must be from someone who has a legal connection to said child, such as their parents or relatives. Additionally, the uploader’s identity is confirmed through authorities to ensure the authenticity. CCSER also collaborates with other associations and
successful, there are nuances to how each operates when compared to each other. NCMEC’s scope is mainly missing children in the United States and like CCSER, works with other firms and law enforcement. NCMEC is also the main platform for receiving messages regarding released AMBER Alerts and operates primarily through discussing information through phone calls. In contrast, ICMEC handles missing children cases in approximately 30 different countries across the world. Roughly a year ago, ICMEC began to use a search engine program called GMCNgine that uses facial recognition to scan for photos
of the children. GMCNgine can narrow down its search to specific time frames, locations, and etc. in hopes of finding a match online to the child. ICMEC’s use of technology with GMCNgine can be comparable to CCSER’s own online “protector” system. During the meeting, all three representatives discussed on building upon their current techniques on finding missing children, particularly through technology. Issues such as how to mitigate trafficker’s ability to see personal information and how to make searching a more flexible process were also discussed. Through this roughly 3-hour long conversation, Zhao received great feedback on CCSER’s application while she also learned more about how missing children’s cases are handled in the United States and other countries. With this exchange of valuable information, Zhao and CCSER as a whole are looking at good prospects in becoming official partners with
ICMEC and cooperating in the future. A partnership between the two organizations could prove to be especially useful as ICMEC does not have any major connections or partners in China at the moment. When confronting such a widespread issue, sharing resources and educating each other on new methods on helping missing children can open countless new doors to improve and find new methods. While the issue of missing and abducted children persists strongly to this day, people are also growing more and more determined to find ways to find these children and return them to their families. Now, thanks to the efforts of organizations like CCSER and people like Li Zhao who are constantly using new technology, awareness about missing children is both quickly spread and more accessible. The future is uncertain and forever subject to change, but the determination to reunite these children to their loved ones will always remain.
businesses to establish “safe spots” where children know they can run to in case of an emergency or danger. CCSER has over 30,000 “protector” stations across China, most of them supermarkets that children can easily find access to when they need to. And while CCSER has been growing since 2015 and has helped over 1000 children over the past few years, Zhao has brought her sights to expanding the scope of children and families she can help. On January 17th, 2020, Li Zhao traveled to the International Centre for Missing and Exploited Children (ICMEC)’s headquarters in Washington D.C. to meet with the organization’s director, Caroline Humer, and the National Center for Missing and Exploited Children (NCMEC)’s Program Specialist, Carly Tapp. The three organizations’ representatives congregated to discuss how to utilize their collective experience and technology to improve from each other. Although all three organizations are united in their goal to make finding missing Ms. Li Zhao, 3rd on the left, at International Centre for Missing and Exploited Children in Washington DC children easier and more
A10 july 25-28, 2020 • lA WEEKEND ASIAN jOuRNAl
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B Saturday, J ULY 25, 2020
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The Asian Journal
WKND
August 2020 priority dates Immigration Corner
The Priority dates for the Philippines are as follows: FAMILY CATEGORY: First Preference
Atty. MichAel Gurfinkel, eSQ EACH month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a v isa, mea n i ng i m m ig ra nt visas (or green cards) would be available for persons whose pr ior it y date is earlier t han the cut-off date listed below. If your priority date was “current,” but later retrogressed (or “moved backwards” and became unavai lable) before your immigrant visa was issued (or before you adjusted status in the U.S.), you would have to wait until it becomes current again. Beginning in October 2015, t he for mat of t he Visa Bu lletin changed, in that a new column was added, called the “Application Filing Date.” If a person’s priority date is earlier t han t he Appl icat ion Fi l i ng Date, they can already file for adjustment of status and work authorization (provided they a r e ot her w i se el ig ible a nd USCIS indicates on its website it will use the Application Filing Date for t hat mont h). This could allow people to obtain work authorization much sooner t h a n befor e, wher e they had to wait for the priority date to be current (in the Visa Issuance or Final Action Date column) in order to both file for adjustment and be eligible for a green card.
Unmarried sons and daughters of US citizens (over 21 years of age)
Application Filing Date
Visa Issuance Date
June 08, 2012
September 01, 2011
(2A) Spouse and Second Preference minor children (below 21 years old) of green card holders
July 01, 2020
Current
(2B) Unmarried sons and daughters (21 years old or older) of green card holders
December 01, 2011
April 01, 2011
Third Preference
Married sons and daughters of US Citizens
August 22, 2002
November 15, 2001
Fourth Preference
Brothers and sisters of US Citizens
May 08, 2002
September 01, 2001
LABOR CERTIFICATION:
Application Filing Date
Visa Issuance Date
Second Preference Advanced Degree (Masters)
Current
Current
Third Preference
Professional/ Skilled Workers
April 01, 2020
April 01, 2019
Other Workers
Non-Skilled Workers
April 01, 2020
April 01, 2019
*** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained h e rei n ( i n cl u d i n g tes ti m o n ia ls , “Success Stories”, endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty,
LifestyLe Consumer Guide Community marketpLaCe
Kelsey Merritt back in Sports Illustrated Swimsuit issue for another year By Ritchel
Mendiola AJPress
FILIPINA American model Kelsey Merritt is once again featured in the 2020 issue of Sports Illustrated Swimsuit. The 23-year-old model took to Instagram to express her excitement. “Soooo excited for Sports Illustrated Swimsuit to come out on newsstands July 21st!” she wrote under a photo from her shoot in the Dominican Republic. Merritt, who was born and raised in Pampanga, Philippines, was part of the magazine’s “rookie class” last year. She previously hailed Sports
Photo courtesy of Sports Illustrated Swimsuit
SB19 in new high at top 3 of Billboard Social 50, after BTS and EXO By niña
V. Guno
Inquirer.net
P-POP group SB19 marked a new high in the Billboard Social 50 as it landed the third spot on the chart, just after K-pop superstar groups BTS and EXO. Billboard announced the weekly Social 50 top 10 on Tuesday, July 21. The chart has been continuously dominated by K-pop groups. SB19 thanked fans for its. Km” all-time high ranking on Twitter yesterday, July 22: “We’re still in awe as we climbed up at #3 on Billboard Social50!” “Maraming maraming salamat sa lahat ng sumusuporta sa aming grupo. Tagumpay ito (Advertising Supplement) ng A’TIN at ng ating bansa.
guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader. WEBSITE: www.gurfinkel.com Fo l l ow u s o n Fa ce b o o k .co m / GurfinkelLaw, Twitter @GurfinkelLaw and YouTube: US Immigration TV C a l l To l l f re e to s c h e d u l e a consultation for anywhere in the US: 1-866-487-3465 (866) – GURFINKEL Four offices to serve you: LOS ANGELES ∙ SAN FRANCISCO ∙ NEW YORK
Illustrated Swimsuit as “a powerful and iconic brand that celebrates women of all color, size, age, and ethnicity.” “Whenever I see them do something groundbreaking that no one else has done before, I am in awe that I get to call this brand my family,” she shared. “They continue to shatter ceilings for inclusivity. I am so proud and honored at the same time to be amongst the company of strong, confident women that encourage everyone to be their true authentic self,” she added. Merritt made history as the first Filipina to walk on the Victoria’s Secret fashion show runway in 2018.
Filipino boyband SB-19 continues to climb the international charts. Photo from Facebook/SB19Official
Mabuhay ang musikang Pilipino!” (Thank you very much to all those supporting our group. This is the success of A’TIN [SB19 fans] and of our country. Long live the Filipino music!) The Social 50 chart ranks
musical artists based on their online popularity by tracking their activity on social media platforms. SB19, composed of Sejun, Josh, Stell, Ken and Justin, is set to release an album on July 31.
B July 25-28, 2020 • lA WEEKEND ASIAN JOuRNAl
EntErtainmEnt
Alice to tell all about her Robinsons Galleria ‘taong ahas’ story has long plagued the fitting rooms of Robinsons Galleria. The myth that has spawned ACTRESS Alice Dixson is set countless variations revolves to reveal her personal experi- around a serpent monster that ence involving the infamous preys on women, devouring “taong ahas” urban legend that those it likes through a trap by
Ratziel San Juan Philstar.com
door on the floor of the said mall’s fitting rooms. “Mahal kong kababayans... hindi ko gustong buhayin ang chismis; that is the farthest from my intention. Nais ko lng linawin ang mga naganap sa Robinson’s Galleria nun dalaga pa ako,” Alice announced on social media earlier this week. The 50-year-old said that she would tell all in an upcoming YouTube vlog narrating the events from her early adulthood. “I made promise to a dear friend - I said I would tell my side of the story this year at dahil 30 year anniversary na this month, it is NOW time. Yes, 3 decades na. And I’ve never said a word or explained my side.” In a preview Alice posted on Instagram, she is seen revisiting the site of where her yet-tobe-told experience transpired. “I am revisiting where it all happened so ikekwento ko po sa inyo lahat ng detalye ng naganap noong araw na iyun.”
Alice Dixson Photo from Instagram/@alicedixson
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Pechanga Resort Casino welcomes you back to golf at Journey with new health, safety measures JOURNEY at Pechanga, the par 72, 7,219-yard golf course at Pechanga Resort Casino, is now open with limited operations to maintain the health and safety of guests, team members and the community. The greens on all 18 holes were aerified before opening in late April to provide the best playing conditions possible for many months to come. Golfers at Journey at Pechanga are required to wear face coverings, practice social distancing of six feet or more from other individuals, and ride one person per golf cart. Golfers must also make tee times online or via phone or online before arriving to Pechanga. To make a tee time, guests may visit Pechanga.com/indulge/journey and click the “Reserve Now” button, or call (951) 770-8210. The Journey at Pechanga golf shop is open every day from 7 a.m. to 3 p.m. First tee time available is 7:45 a.m. Pechanga Cares For your convenience: • All golf carts have been properly sanitized prior to each use. • Food & Beverage orders may be placed by calling 951770-8202. Orders are available for pickup at Journey a la Carte next to the putting practice facility. • Daily essentials, as well as apparel and other items in the pro shop, are available for purchase. • Only four people are allowed in the golf pro shop at one time. Player Provisions: • Face coverings must be worn at all times. • A safe distance of 6 feet from others must be observed. • Play is limited to foursomes. • One player per golf cart unless riding with a household member. • Greens hole is fitted with an insert preventing golf balls from reaching the bottom. • All bunker rakes have been removed.
• All trash receptacles, ball washers, and sand bottle boxes have been covered. • Return golf cart to the checkin location. • Please refrain from gathering in the parking lot or common areas. • Dispose of any trash at the designated receptacles before departing. Pechanga Resort Casino offers one of the largest and most expansive resort/casino experience anywhere in the United States. Voted the number one casino in the country by USA Today and rated a Four Diamond property by AAA since 2002, Pechanga Resort Casino provides an un-
paralleled getaway, whether for the day or for an extended luxury stay. Offering the hottest slots, table games, world-class entertainment, hotel rooms and suites, dining, and golf at Journey at Pechanga, Pechanga Resort Casino features a destination that meets and exceeds the needs of its guests and the community. Pechanga Resort Casino is owned and operated by the Pechanga Band of Luiseño Indians. For more information, call toll free (877) 711-2946 or visit www.Pechanga.com. Follow Pechanga Resort Casino on Facebook and on Twitter @ PechangaCasino.
(Advertising Supplement)
Senior needs fresh start Chapter 7 for $80K credit cards after becoming a widow Debt Relief
Atty. LAwrence yAng THE client is 67. Her husband passed away five years ago after a long fight with kidney failure. He was on dialysis for eight years waiting for a kidney transplant. It’s a long wait to get new kidneys from a donor. The average waiting period is 10 years. However, just because it’s been 10 years already doesn’t guarantee that a kidney will be available. That’s just the way it is. So the government pays for all dialysis treatment and the transplant when or if it happens. In the meantime, your world is turned upside down. You won’t
be able to do anything much because for three or four times a week, you have to undergo dialysis for several hours each time. Your kidneys don’t work anymore so you depend on mechanical filtration done through dialysis. There are just too many people on the waiting list for a healthy kidney vs. a shortage of donors. We don’t want to be on dialysis. I pray that our loved ones and we never have to need it. So take care of your kidneys. If you have hypertension, get that under control immediately. Uncontrolled hypertension is a major cause of kidney failure because there’s too much blood going through them requiring your kidneys to be working overtime at full throttle every day. Many people don’t know this simple fact because doctors don’t tell you this. In this regard, many
doctors are just negligent in giving the correct advice to their patients. The client’s husband died while on dialysis. His blood pressure dropped too low while on it. I had another client who was so bold as to go abroad expecting to be treated for dialysis while abroad. He also died while on dialysis abroad because his blood pressure went down too low. After her husband passed away, the client found out that they owed $80,000 in credit cards. The husband took care of their finances and the client was unaware that the husband was making minimum payments of $2,400 every month to keep their $80,000 of credit cards current. Their combined household income was about $150,000 so even if $2,400 a month for credit card minimum payments was PAGE B5
On discerning who to vote for The Prophetic Voice reverend rodeL g. BALAgtAs A FRIEND of mine called me to say that he needed to talk. He and his aunt just had a heated conversation about the coming U.S. presidential election. “I’m confused, Father,” he told me. “I’m not sure who to vote. As a Catholic, I need to vote for someone who upholds our values.” We then discussed the issues that influence a Catholic vote: abortion, euthanasia, death penalty, immigration, religious liberty, the disparity between the rich and the poor, traditional marriage, gay rights, racism, sexual harassment, respect for women, and violence. We both realized that it would take a great deal of discernment and prayer to vote for a rightful candidate in this coming election. At the end of our conversation, I told him, “Let’s vote
according to a well-informed conscience.” He agreed, but still with some apprehension. Indeed, along with resurging of coronavirus cases and deaths in our country, we’re facing another challenge, the presidential election and the deep division it ensues among us citizens. As many people have shared with me, we have to pray earnestly for our country. Our Scripture readings this Sunday may help us in our discernment during the coming election. The First Reading from the Book of Kings (1 Kings 3:5, 712) tells the story of Solomon. The Lord appeared to Solomon in a dream at night. He told him, “Ask something of me, and I will give it to you.” After expressing his fear of merely being a youth and not knowing how to act, Solomon answered, “Give your servant, therefore, an understanding heart to judge your people and to distinguish right from wrong.” What we need a leader of this country is someone with a listening and understanding heart, someone with a mind that attends carefully and closely to people and appre-
ciates the complexity of their situation to discern right from wrong. It is someone who upholds dearly the Gospel and our moral values, notably respect for the dignity of every human person, compassion for the poor, and promotion of the common good, not one’s personal interest. It is someone whose values, vision, and mission are aligned with the “purpose of God,” as St Paul tells us today’s Second Reading (Romans 8:28-30) Let’s pray that we can be like the fishermen in this Sunday’s parable (Matthew 13:4452), who, after they haul a net full of fish, sit down to put what is good into buckets and throw away what is bad. Let’s have a prayerful discernment to make the right decisions in life, particularly in this coming presidential election. In your discernment, I invite you to read the USCCB pastoral letter, “Forming Consciences for Faithful Citizenship, A Call to Political Responsibility from Catholic Bishops of the United States.” * * * Fr. Rodel “Odey” Balagtas is the pastor of Incarnation Church in Glendale, California.
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LA WEEKEND ASIAN JOURNAL • JULy 25-28, 2020
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Seven tips in dealing with federal How to obtain custody and penalties for underpayment of taxes visitation rights for unmarried dads Tax Tips Victor Sy, cPA, MBA & roger L. orieL IRS penalties have been consolidated into two groups: A uniform accuracy-related penalty and a fraud penalty. 1. Accuracy-related penalties are computed at 20% of underpayments attributable to any of the following: A. Negligence or disregard of rules or regulations,
Tapat Sa Batas
B. Substantial understatement of income tax, C. Substantial valuation overstatement, D. Substantial overstatement of pension liabilities. 2. Taxpayers who are hit with the 20% penalty for negligence or disregard of rules may try to establish reasonable cause for the underpayment and show that you acted in good faith. (TIP: there is no longer a presumption that failure to include amounts from W-2, 1099 or K-1 is negligent). 3. The IRS may impose the 20% penalty where there is a substantial understatement of tax. This exists when the understatement exceeds the greater of 10% of the
tax required or $5,000 ($10,000 for regular “C” corporations). You may avoid this penalty by showing good faith or reasonable cause. (TIP: Avoid this penalty by providing substantial authority and disclosing relevant facts. Use and attach Form 8275 to your return. Feel free to call our office for a blank Form 8275). 4. The IRS may also assess the 20% penalty for substantial valuation overstatement of basis if the value of any property claimed is 200% or more of the correct basis (Beware: the penalty rate increases to 40% if you claim 400% or more of the correct amount). 5. The 20% accuracy-related PAGE B6
Fiancé(e) petition
deng magpakasal sa US sa loob ng 90 araw mula sa pagdating ng beneficiary bilang K1 nonimmigrant. Atty. rheA SAMSon Ang USCIS ay may discretion upang mag-waive ng requirement ANG isang U.S. citizen (USC) ng personal na pagkikita ng USC ay maaaring mag-file ng peti- petitioner at ng beneficiary kung tion upang madala ang kanyang ang personal na pagkikita ay magfiancé(e) bilang K1 nonimmigrant dudulot ng lubos na pagpapahirap at magpakasal sila sa US. Kailan- o extreme hardship sa petitioner, gang maipakita ng USC ang mga o kung ang kanilang personal na sumusunod: (1) sila ay nagkita ng pagkikita ay magiging labag sa personal sa loob ng 2 taon bago i- mga mahigpit na mga kaugalian, file ang fiancé(e) petition (2-year kultura, o mga kasanayan ng lirequisite period); (2) sila ay may punan ng beneficiary. Sa detertotoong intensyon na magpakasal; minasyon ng USCIS ng extreme (3) sila ay maaari at legal na pwe- hardship ng petitioner, tinitingnan
ng USCIS kung sa loob ng 2-year requisite period ay may mga pangyayari na (1) wala sa kontrol o di mapipigilan ng petitioner; at (2) ang mga pangyayaring ito na wala sa kontrol ng petitioner ay magtatagal. Sa isang kasong napagdesisyonan ng Administrative Appeals Office (AAO), ang petitioner ay nag-file ng fiancée petition noong Agosto 2015. Kaya’t kailangang nagkita sila ng personal ng beneficiary mula Agosto 2013 hanggang Agosto 2015. Sinabi ng petitioner na hindi siya nakapagbiyahe upang personal na makipagkita sa PAGE B5
ESTABLISHING parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father does not automatically make you the natural father of the child. Under the family code, there are competing presumptions of paternity which allows the non biological father to be deemed the natural father of the child. A typical situation is when boyfriend gets girlfriend pregnant. Girlfriend for some reason decides to exclude boyfriend from baby’s life so she breaks up with boyfriend, does not give the boyfriend any information about her delivery, and does not state the boyfriend as the father in the birth certificate or decides to name someone else as the father. Girlfriend does this because her parents disapprove of the ex boyfriend. One way a presumption of Paternity is created is by executing a voluntary declaration of paternity. A Voluntary declarations executed before 1997 give rise to a conclusive presumption of paternity and can be overcome only by blood or genetic tests ordered on noticed motion
Barrister’s Corner Atty. Kenneth UrSUA reyeS by the mother or presumed father must be made within three years of the date of execution of the voluntary declaration Family.Code. § 7576; Kevin Q. v. Lauren W. (2009) 175 CA4th 1119, 1133, 95 CR3d 477, 485 If the voluntary declaration of paternity is executed after 1996, it is not characterized as a conclusive presumption. Instead, it “shall establish the paternity of a child and shall have the same force and effect as a judgment for paternity issued by a court of competent jurisdiction” and trumps §7611 presumptions discussed below. A post 1996 voluntary declaration of paternity “shall be recognized as a basis for the establishment of an order for child custody, visitation, or child support.” Family .Code §§ 7573, 7644; Kevin Q. v. Lauren W., supra, 175 CA4th at 1132, 95 CR3d at 485; In re J.L. (2008) 159 CA4th 1010, 1019, 72 CR3d 27, 33. Another way of establishing presumed father status is if you fall under any of the categories listed (a) to (f) under family code §7611: (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a judgment of separation is entered by a court. (b) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true: (1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce. (2) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation. (c) After the child’s birth, he and the child’s natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and either of the following is true: (1) With his consent, he is named as the child’s father on the child’s birth certificate. (2) He is obligated to support
the child under a written voluntary promise or by court order. (d) He receives the child into his home and openly holds out the child as his natural child. (e) If the child was born and resides in a nation with which the United States engages in an Orderly Departure Program or successor program, he acknowledges that he is the child’s father in a declaration under penalty of perjury, as specified in Section 2015.5 of the Code of Civil Procedure. This subdivision shall remain in effect only until January 1, 1997, and on that date shall become inoperative. (f) The child is in utero after the death of the decedent and the conditions set forth in Section 249.5 of the Probate Code are satisfied. An alleged biological father who does not meet any of the § 7611 conditions for presumed father status has no constitutionally-protected “liberty interest” in establishing a parentage relationship with a child as against the rights of a presumptive father who has an extant parentage relationship with the child. Dawn D. v. Super.Ct. (Jerry K.) (1998) 17 C4th 932, 940–942, 72 CR2d 871, 876–877. The facts get even more complicated if the girlfriend, whom boyfriend gets pregnant is married to another man because the law provides a conclusive presumption of paternity to the husband of the girlfriend. Under Family Code §7540, the child of a wife cohabiting at time of conception with her husband, who is not impotent or sterile, is “conclusively” presumed to be a child of the marriage. This conclusive presumption may be challenged by showing that the husband was sterile. It may also be challenged by filing a motion for blood or genetic testing under Family Code §7541 but this has to be done within 2 years of the childs birth. In addition, only persons with standing can bring this motion which is limited to the husband, child, mother and a presumed father as listed in Family Code §7611 and 7612. Even absent a recognized rebuttal, the court has discretion as a matter of due process not to apply § 7540 conclusive presumption of paternity when it would not further the statute’s underlying policies of preserving the integrity and stability of an extant marital family, protecting children from the stigma of “illegitimacy,” and promoting individual rather than State responsibility for child support ... as where the ostensible § 7540 presumptive father never developed a parental relationship with the child and the only established parent-child relationship is with a third person. Brian C. v. Ginger K. (2000) 77 CA4th 1198, 1200–1201, 92 CR2d 294, 296; In re Kiana A. (2001) 93 CA4th 1109, 1115, 113 CR2d 669, 675. PAGE B5
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Senior needs fresh start Chapter 7 for...
BAHALA NA MOTHER TOOK HER TIME IN PETITIONING HER MAKULIT DAUGHTER. Nanay Rosita (2nd from right) went to the U.S. in 1984, leaving behind her children. It was in 1994 when she finally got her green card, and she was able to get all her children, except for Apet (left) who aged out at that time. Nanay became busy juggling two jobs, so she kept putting off the petition for Apet, even when Apet kept hounding her mother. At Apet’s urging, Nanay finally reached out to leading U.S. Immigration Attorney Michael J. Gurfinkel (right) in 2005 to consult and sign up, but it took Nanay another two years before she completed the forms and sent the necessary documents. Meanwhile, Apet was anxious and wanted to expedite the process, so she wrote to the National Visa Center (NVC) without the knowledge of the Law Offices of Michael J. Gurfinkel, when the visa was not even available, creating confusion with the NVC. After follow-ups and monitoring by Atty. Gurfinkel and his team, they were able to reunite Apet and Nanay Rosita in the US, and were also able to bring in Apet’s daughters, Tracy and Nicole (2nd from left). Watch this family reunion, years in the making, on an encore episode of CITIZEN PINOY on Sunday, July 26 at 6:15 pm (PST) on TFC. (Advertising Supplement)
Fiancé(e) petition...
PAGE B4 beneficiary dahil siya ay full-time na estudyante ng isang unibersidad, siya ay Arizona National Guard, at siya rin ay nasa US Army ROTC. Ang petitioner ay hindi rin nakapagbiyahe sa mga dahilang pinansyal at pangkalusugan. Ibinigay ng petitioner sa USCIS ang kanyang university transcript, uniformed service identification card, at medical records na magpapakita na siya ay nagkaroon ng back injury noong Hulyo 2015. Dahil sa back injury, ang petitioner ay nagkaroon siya ng limitadong paggalaw, sinundan pa ng surgery at 6 linggong pagpapagaling. Sinabi ng AAO na hindi napatunayan ng petitioner ang extreme hardship na naging balakid sa kanyang pakikipagkita ng personal sa beneficiary sa requisite 2-year period. Hindi siya nagbigay ng kanyang mga dokumentong pinansyal para patunayan na siya ay walang pera para magbiyahe. Hindi rin naipakita ng petitioner kung paano naging balakid sa pakikipagkita sa beneficiary ang kanyang pagpasok sa unibersidad, kung may mga obligasyon niya sa National Guard na humadlang sa kanyang pagbiyahe sa loob ng 2-year requisite period, at kung paano naging hadlang ang kanyang back injury sa pakikipagkita sa beneficiary. Ayon din sa AAO, kung hindi makapagbiyahe ang petitioner para makita ng personal ang beneficiary, maaari namang ang beneficiary ang magbiyahe upang makipagkita sa petitioner. Ngunit hindi nila ginawa ito. Da-
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hil hindi naipakita ang extreme hardship, hindi naaprubahan ang waiver ng personal na pagkikita ng petitioner at beneficiary at ang fiancée petition ay hindi naaprubahan. Sinabi ng AAO na maaaring mag-refile na lang ang petitioner ng fiancée petition kapag siya ay nakasunod na sa lahat ng mga alituntunin tungkol dito. A U.S. citizen (USC) may petition to bring a fiancé(e) to the U.S. under K1 nonimmigrant classification. The USC must establish that the parties (1) have previously met in person within 2 years before the date of filing the fiancé(e) petition (2-year requisite period), (2) have a bona fide intent to marry, and (3) are legally able and actually willing to conclude a valid marriage in the US within 90 days of the beneficiary’s admission as a K-1 nonimmigrant. USCIS maintains the discretion to waive the requirement of an in-person meeting between the two parties if compliance would either result in extreme hardship to the petitioner, or violate strict and long-established customs of the beneficiary’s foreign culture or social practice. When determining whether extreme hardship prevented a petitioner from meeting beneficiary, USCIS looks at whether during the 2-year period, there existed any circumstances that were (1) not within the power of the petitioner to control or change; and (2) likely to last for a considerable duration or the duration could not have been determined with any degree of certainty.
In a case decided by the Administrative Appeals Office, the petitioner filed the fiancée petition in August 2015 and was therefore required to have met the beneficiary in person at some point from August 2013 to August 2015. The petitioner asserted that he was unable to travel to see the beneficiary because he is a full-time university student, is in the Arizona National Guard, and is in the U.S. Army ROTC. Furthermore, petitioner alleged that he was unable to travel due to financial and health reasons. He submitted his university transcripts and uniformed service identification card. Petitioner also submitted his medical records showing he suffered back injury in July 2015, subsequently had limited functional activity, and underwent surgery followed by a 6-week recovery period. The AAO found that petitioner had not established that extreme hardship prevented him from meeting the beneficiary within the required time period. He did not submit financial documentation to support his assertion that he was unable to travel due to financial reasons, and there was no evidence in the records showing how petitioner’s academic or National Guard responsibilities prevented him from travelling to personally meet the beneficiary during the requisite 2-year period. The AAO found that although petitioner’s medical records showed that he was injured in July 2015, he did not present evidence that such injury prevented him from travelling. It was also not shown why the beneficiary herself did not travel to PAGE B6
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PAGE B4 even bigger than their mortgage payment of $1,950, they could still “afford” their $80,000 of credit cards. The problem of course became apparent when the husband’s $8,000 monthly income was replaced by a pension of $2,000 and no social security benefits because the surviving wife’s social security was bigger than his. So now the client is left with her own social security of $2,000 and the husband’s pension of $2,000, giving her monthly income of $4,000, which is actually good for retirement income. With $4K of retirement income, client has no problem paying the mortgage of $1,950 and other necessary expenses. She has a car lease payment of $500 for a nice Lexus. With these two payments, she still has $1,500 left. With some budget tightening she can actually still save $1,000 a month but for the fact that she’s still saddled with $80,000 of credit cards which requires $2,400 minimum monthly. The math just doesn’t add up. The $80,000 credit cards have to be obliterated. They have to be wiped out. She needs a fresh start without accumulated debt. This step must be taken, there’s no if or buts about it. It’s just the right thing to do. Walt Disney did Chapter 7 twice to get rid of accumulated debt before Disney became a huge success, the same thing for the client in a subdued way. She needs Chapter 7 to get rid of her accumulated debt of $80,000 for her fresh start so she can start saving $1,000 a month in her retirement. Besides, and it’s good for her,
the client now plans to travel the world when things get back to normal. Back to normal means no more Trump virus because the vaccine becomes available in good supply to all Americans and everyone who needs it anywhere in the world. Otherwise, it still won’t be safe to travel. So if it’s still not safe to travel, at least she can start saving $1,000 a month and do whatever she wants with it. In a year she will have saved $12,000, in two years $24,000. She can just invest that in index funds to get hopefully an annual return of 7%. That’s not bad at all. Soon enough she has the $50,000 set aside that will give her $300 a month of additional income, instead of having to squeeze out another $2,400 which she just does not have anymore since her husband passed away. Even big businesses have to go through bankruptcy reorganization when income decreases. Since the “Trump virus” reared its ugly head, many well-known retailers have filed for bankruptcy reorganization, Nordstrom, Sears, 24-Hr Family Fitness, Cirque de Solei to name a few. Yesterday, the owner of Ann Taylor filed. Once income goes down and you have a lot of debt, debt service becomes a big problem because there’s just not enough money coming in anymore. But all is not lost when this happens. We don’t have debtor prisons here. What we have here is the fresh start for those who are burdened by too much debt. You can get rid of accumulated debt, keep most if not all your assets, and get a fresh start in life, just like Walt Disney.
Businessowner uses $200K credit cards to improve now closed restaurant The next client is young. Maybe she’s 40. She started a restaurant from scratch near, of all places Disney walk in Anaheim. The restaurant was doing well and profitable every month until the Trump virus appeared. With the lockdown, her restaurant has just started to reopen but business is really way down. With business not being able to recover to pre-Trump virus levels, she is not able to make minimum payments on her $200,000 of credit card debt. It appears that she used these cards to make improvements on the restaurant. It looks really nice and welcoming with these improvements and people like her food. She was grossing about $100,000 a month before the Trump virus. Now the restaurant it’s doing about $20,000. The rent is $15,000. Let’s not even go to the other expenses, there’s just no money to pay the $6,000 required for minimum payments on $200,000 of credit cards. *** 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)
How to obtain custody and...
PAGE B4 Procedurally, the ex boyfriend should file a Petition for Parentage as soon as the child is born. While the case is pending, the ex boyfriend may seek temporary visitation order although this may be on a limited or even monitored basis. If successful in proving parentage, the ex boyfriend may be granted custody and visitation rights. However, the ex boyfriend would also have the obligation of paying child support based on California guidelines. ***
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, P.C. This article is not a solicitation. *** Attorney Kenneth Ursua Reyes is a Certified Family Law Specialist. He was
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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 or visit our website at Kenreyeslaw.com (Advertising Supplement)
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Off-the-clock and ‘unapproved’ work hours should still be paid
KAREN Martinez worked as a Case Manager for John Muir Health, a health care service corporation operating primarily in Contra Costa County, CA. Martinez was an hourly non-exempt employee who was regularly scheduled to work from 8:00 a.m. to 4:30 p.m., with supposedly a 30-minute unpaid offduty meal period. When the employer instituted cost cutting measures by laying off several employees, those who were retained saw their workloads increase. They were required to perform numerous work duties “off the clock” in order to complete tasks associated with additional patients assigned to them. They would clock out at the end of the workday and would continue to input patient notes and process insurance claims. The employer maintained an electronic system called EPIC which employees used to record their notes and process insurance claims. The EPIC system recorded when employees would be entering data into the system. It also showed that employees made entries into the EPIC system while at work. The employer knew that the employees were working off-the-clock and without pay because employees were physically present at the facility and the EPIC system recorded the time when they were working. When comparing the difference between the time entries from EPIC to the time entries in the KRONOS (the electronic system used to record employee work hours for payroll purposes), it showed that the employees worked a significant amount of time “off-the-clock.” Despite knowing this, the employer al-
Protecting Employee & Consumer Rights Atty. C. Joe SAyAS, Jr. lowed the employees to continue working off-the-clock without pay. Martinez estimated that she was required to work approximately 300 hours off-the-clock and was owed approximately $30,000 in unpaid wages. In addition to the off-the-clock work, the employer also did not provide the employees with meal and rest break periods within 5 hours after the start of a shift, did not provide a second meal period for those who worked more than 10 hours during the day, and did not provide a full 30-minute uninterrupted meal period. Martinez sued the employer in a class action to recover unpaid wages for the off-the-clock work and for the missed meal and rest periods. California law requires employers to compensate employees for all time they are “suffered or permitted to work, whether or not required to do so.” Management must make every effort to enforce a rule against uncompensated work, including taking reasonable steps to investigate suspected work that is done without compensation. Employers cannot sit back or simply stand by while employees do uncompensated work. Off-the-clock hours may be incurred before or after the employees’ scheduled shift. For example, an employee who has a shift from 9:00 a.m. to 5:30 pm may be required to work at 8:00 a.m. or to
Fiancé(e) petition...
PAGE B5 meet with petitioner. As petitioner was unable to show extreme hardship that prevented him from meeting the beneficiary within the 2-year period prior to the filing of the fiancée petition, the fiancée petition was denied. However, this is without prejudice to the filing of another fiancée petition at a future
date once statutory requirements are met. ***
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
finish work at 6:00 p.m. Off-theclock hours are still considered “hours worked” and must be paid to the employee. Off-the-clock work arises in a variety of work situations. Employees may find themselves required to do preliminary work before they actually perform their main job. They may, for instance, be asked to clean or maintain tools or equipment. Employers may also ask them to do postliminary work or complete certain tasks after the end of their shift after their main job is completed. If any off-the-clock work goes beyond 8 hours per day, then the employee is entitled to the overtime rate of 1½ times their regular rate. Those who work beyond 12 hours per day are entitled to twice their regular rate. Also, employees should be paid an extra hour for any missed meal break, and another extra hour for any missed rest break. Rather than continue to litigate the case, the parties agreed to a settlement where the employer agreed to pay a total of $9,500,000 to approximately 6,000 class members. *** The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at nocost. 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)
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)
Can I get a green card if I had a previous marriage petition denied based on fraud? DEAR Attorney Tan, I recently married a U.S. Citizen, who is my second husband. He has filed an immigrant visa petition and a green card application for me. My husband recently received from USCIS a Notice of Intent to Deny the petition that he filed on my behalf. The Notice indicated that the immigrant visa petition could not be approved since the USCIS had determined that I previously entered into a fraudulent marriage to get a green card several years ago. My ex-husband previously filed an immigrant petition on my behalf several years ago, which was denied since USCIS determined that I only married him to get a green card. My second husband and I truly love each other. What are my options? -- In Love but Out of Status Dear In Love but Out of Status, Under INA Section 204(c), a person who “attempted or conspired to enter into a marriage” in order to receive permanent resident status in the US is prohibited from obtaining USCIS approval of an immigrant visa petition. Simply stated, Section 204(c) prohibits the approval of any immigrant visa petition if there has been a finding of “marriage fraud” in a prior marriage-based petition. Based on the above law, your case seems at first glance like an “open-and-shut” case in favor of denial. However, you still have hope of getting a green card—a person can apply for
Legal Advice Atty. DArriCk tAn and get his immigrant petition approved despite the prior finding of “marriage fraud” under certain circumstances. You may ask, how is this possible? Isn’t Section 204(c) straightforward? Not quite. The answer lies in the fact that USCIS must independently examine the prior finding of “marriage fraud” in considering the subsequently filed immigrant visa petition. Before invoking the Sec. 204(c) bar for the approval of a subsequent visa petition, USCIS must make an independent determination of fraud based upon the record, including but not limited to any evidence gathered during the adjudication of the prior visa petition, but may not parrot or rely on the conclusions made by other adjudicators. USCIS must have “substantial and probative” evidence of “marriage fraud.” Matter of Tawfik, 20 I. & N. Dec. 166, 168. The determination is to be made by the USCIS district director while adjudicating the subsequent visa petition. Matter of Samsen, 15 I. & N. Dec. 28, 1974 WL 29995 (B.I.A. 1974). The district director should not give conclusive effect to the determinations made in the prior proceedings, but should reach his own independent conclusion
based on the evidence actually before him. Matter of F-, 9 I. & N. Dec. 684 (BIA 1962). Therefore, in cases such as yours in which the USCIS has indicated it intends to deny the subsequent immigrant visa petition due to the prior finding of “marriage fraud,” new evidence can be submitted that demonstrates that the prior finding of “marriage fraud” was incorrect—i.e., evidence that shows that the prior marriage petition was based on a bona fide marriage, or that explains that the prior denial was based on an incomplete or inaccurate assessment of the facts. In cases in which the subsequent immigrant visa petition has already been denied, this new evidence should be submitted as part of a motion to reconsider. I recommend that you seek an experienced attorney to assist you in properly presenting the law and facts to the USCIS adjudicator to address the Section 204(c) bar. *** 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 and the Consumers Attorney Association of Los Angeles. He has also served on the Board of Governors of the Philippine American Bar Association. *** 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)
Seven tips in dealing with federal...
PAGE B4 penalty also applies to the substantial overstatement of pension liabilities if the actuarial determination is 200% or more of the correct amount. (The penalty is also doubled to 40% if the gross valuation is misstated by 400% or more). 6. The second group of accuracy-related penalty is for fraud. The fraud penalty is imposed at the whopping rate of 75% of any underpayment. If any portion is attributable to fraud, it is presumed that the entire underpayment is
attributable to fraud. Of course, the burden of proof lies with the IRS. 7. There are also distinct and separate penalties for the underpayment of estimated tax. The penalty is equal to the interest that would accrue on the underpayment. There are very few instances when this type of penalty can be waived (forgiven) such as casualty, disaster, or if you are retired after the age of 62 or become disabled during the tax year. (Fill in and attach Form 8210 to see if you meet various exceptions and thereby avoid this penalty).
*** 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.
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LA WEEKEND ASIAN JOURNAL • JULy 25-28, 2020
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B July 25-28, 2020 • lA WEEKEND ASIAN JOuRNAl
http://www.asianjournal.com • (818) 502-0651 • (213) 250-9797