July 31-August 2, 2019 Volume 29 - No. 59 • 2 Sections - 16 Pages
Duterte not taking at face value China’s ‘first shot’ remark by ALEXIS
ROMERO Philstar.com
PRESIDENT Rodrigo Duterte is not taking at face value Beijing’s claim that it “won’t take the first shot” because it adheres to the principle of self-defense, Malacañang said Tuesday, July 30. Last Monday, July 29, Chinese Ambassador Zhao Jianhua gave assurance that China would “follow the path of peaceful development” and would never seek hegemony nor establish spheres of influence. Speaking during the 92nd anniversary of China’s People’s Liberation Army in Makati, Zhao said Beijing “won’t take the first
DATELINE
shot” since it adopts a military strategy of active defense that adheres to the principles of defense, self-defense and poststrike response. The Chinese envoy also claimed that China develops its military “entirely for the purpose of self-defense” which aims to defend the country, to provide the people with a peaceful environment, and to ensure that they are free from the disasters and calamities of war. Despite China’s assurance, Duterte’s presidential spokesperson Salvador Panelo said the chief executive anticipates possible scenarios that may arise from the West Philippine Sea
row. “We do not take words of other countries on their face value. The president will always think beyond those words,” Panelo said in a press briefing. “The president is mandated to protect the security of this country, as well as the Filipino people, hence he will anticipate what may come out of any aggressive action that this country may undertake vis-à-vis the conflict in that area,” he added. When reminded that Duterte believed in Chinese President Xi Jinping’s statement that there SITUATION BRIEFING IN BATANES. President Rodrigo Duterte holds a situation briefing with members of his Cabinet and local government would be trouble if the Philip- officials at the Basco Airport on Sunday, July 28, to discuss disaster response measures in the aftermath of the earthquake that hit Batanes. pines insists on its plan to dig oil Duterte ordered the construction of a new P40-million hospital in Itbayat, saying it would be costly to repair the one damaged by a series of
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earthquakes on Saturday, July 27.
Malacañang photo by Albert Alcain
Duterte lifts suspension on PCSO lotto games
USA
by CHRISTINA
MENDEZ
Philstar.com
FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
California Republicans demand state divert housing settlement funds to struggling homeowners
MANILA — Let the lotto games resume. President Duterte has ordered the resumption of the popular lotto, four days after operation of all gaming schemes by the Philippine Charity Sweepstakes Office (PCSO) was ordered suspended Photo shows a Philippine Charity Sweepstakes Office branch in Mandaluyong City. Following President Rodrigo Duterte’s suspension of all gaming activities, signs outside all PCSO offices were put up to inform the public that the agency will due to massive corruption. “The suspension of lotto operaPhilstar.com photo by Michael Varcas AFTER a California court found that the state continue to serve the public through charity services and programs. was misappropriating funds from a past settlement with a housing counseling organization, state Republicans are urging Gov. Gavin Newsom to restore the funds to the state’s mortgage fund. As previously reported by the Asian Journal, While the court deferred acting the California Supreme Court on Thursday, by NEIL IRWIN MERCADO on the IBP motion for withdrawInquirer.net July 18 sided with the National Asian Amerial, it asked the IBP to “provide can Coalition (NAAC) and ordered the state to THE Supreme Court on Tues- adequate proof that the 20 other restore funds from a 2012 settlement — $311 million in total — to the National Mortgage day, July 30, asked the Integrated clients have actual knowledge of Bar of the Philippines (IBP) to the contents of their petition.” Special Deposit Fund. The court asked the IBP to The National Mortgage Special Deposit Fund prove that the fishermen in the petition seeking to protect the “exert more efforts to reach was established to fund housing resources for homeowners who are financially struggling. West Philippine Sea had “actual their clients through means of communication they have estabThis fund provides, among many things, coun- knowledge” of the petition. Last July 19, the IBP decided lished when they engaged them seling, legal assistance and fraud prevention to withdraw the writ of kalikasan as their clients” and to “provide services. petition after Solicitor General legal justification that the Motion u PAGE A5 Jose Calida accused it of defraud- to Withdraw as Counsel may be ing the fishermen included in granted while leaving most of the the petition. Some of the fisher- petitioners without representamen, Calida said, denied having tion.” knowledge of the petition. The court gave the IBP seven The IBP also filed a motion to days to comply with the requirebe discharged as counsels of 20 ments. Senator Cynthia Villar Inquirer.net photo other fishermen in the petition. u PAGE A2
tions is lifted immediately,” Presidential spokesman Salvador Panelo said on Tuesday night, July 30 in a TV interview. Executive Secretary Salvador Medialdea relayed the information to Panelo, saying investigators found no anomalies in the conduct of lotto operations. “The sanctity of lotto remained untainted and all regulatory rules have been followed,” Medialdea
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PH Supreme Court tells IBP: Prove Villar: It’s not yet time to pass divorce bill fishermen knew of WPS petition
US gives P2B to boost quality early education in Bicol, W. Visayas
THE United States has given P2 billion to aid the Department of Education (DepEd) in implementing innovative approaches to ensure quality early education to at least two million young students in the Bicol and Western Visayas regions. The program, which was launched at the Bulwagan ng Karunungan at the DepEd Main Building in Pasig City on Tuesday, July 30, is dubbed as the ABC + Project: Advancing Basic Education in the Philippines. The five-year program will be supported by the U.S. Agency for International Development (USAID). “Education has always been one of the big components of the work that AID is doing here and through their work with the Department of Education, they’ve identified one of the most important areas [and that is] obviously when kids are little,” U.S. Embassy in the Philippines Char-
by MAILA
AGER Inquirer.net
THIS is not the time yet to pass a divorce bill in the Philippines, Senator Cynthia Villar said on Tuesday, July 30. The proposal has been revived in the Senate with the filing of separate bills by Senators Pia Cayetano and Risa Hontiveros. But Villar, who has been against divorce, said the proposed legislation would have a “hard time” in the Philippines. “Kasi (because) we’re a predominantly Catholic country. Medyo ‘di ba ayaw ‘yan ng Simbahan, madaming gulo (it’s disapproved by the church, it’s messy),” she said in an interview at the Senate. “But I think it will be filed every
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DILG orders mayors to clear roads in 60 days by RITCHEL
MENDIOLA AJPress
DEPARTMENT of the Interior and Local Government (DILG) Secretary Eduardo Año on Monday, July 29, ordered mayors nationwide to clear roads of illegal structures and illegally obstructing activities within 60 days. “All local officials are enjoined to exercise their powers essential to reclaim public roads which are being used for private ends and in the process, rid them of illegal structures and construction,” said Año in his order. “Within 60 calendar days, significant results must be achieved, documented, and u PAGE A2 reported together with the efforts of the lgus
to sustain the same,” he added. Año urged Metro Manila mayors to prioritize the clearing of primary and arterial roads that contribute to vehicular congestion on main roads — Commonwealth Avenue, Osmeña Highway, Aurora Boulevard and C5 Road in particular. The DILG order came from President Rodrigo Duterte who asked local chief executives nationwide to reclaim public roads which have been used for private purposes. “My request, my pleading to the MMDA (Metropolitan Manila Development Authority) and all concerned local officials in Metro Manila to undertake immediate action to In this July 25, 2019 photo, some Metro Manila mayors and officials of the Metro Manila ensure smooth flow of traffic…Reclaim all Development Authority and Department of Interior and Local Government meet ahead of the
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Metro Manila Council meeting.
Contributed photo
A July 31-august 2, 2019 • soCal asIaN JOuRNal
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From the Front Page
Duterte not taking at face value...
PAGE A1 in the West Philippine Sea, Panelo said: “We took it as an anticipation of what may happen.” “Even without those saying that, we always think of the security of the Filipino people,” he added. Duterte has been using the statement of Xi to rebuke crit-
ics who accuse him of not doing enough to assert the Philippines’ rights in the West Philippine Sea. Xi reportedly made the remark during a meeting with Duterte in Beijing three years ago. The Philippine leader has repeatedly said he would not go to war with China over the maritime row, saying it would result in a
Presidential spokesperson Salvador Panelo Philstar.com photo
“massacre” of Filipino forces. He has also challenged the United States to take the lead in confronting China over its aggressive actions in disputed areas. Panelo said the Philippines would continue to negotiate with China to resolve the South China Sea dispute. “We will repeat our position. We said that the conflict in that region will be the subject of continuous negotiation between the two countries. And by such mechanism, we hope to solve and/or resolve the conflict, whatever they are,” the presidential spokesman said. n
Villar: It’s not yet time to... PAGE A1 Congress and there will come a time that we will pass it. But I don’t think this is the time that we will be able to pass it. It’s a matter of adjusting the mind of the people,” Villar added. Asked about her personal opinion on the issue, the senator said, “E hindi naman ako magdi-divorce (I won’t get divorced).” But when a reporter jokingly asked about the other party wanting to get a divorce, she also said jest, “Kaya nga e. Ayoko nga e. E ‘di advantage sa kanya ‘yun (That’s why. I don’t want to. That’s his disadvantage).” Villar is married to former Senate President Manny Villar, the richest Filipino billionaire based on Forbes Magazine’s 2019 list of wealthiest people on the planet. n
Duterte lifts suspension on PCSO... PAGE A1 said. Panelo said franchise holders and operators of lotto outlets can now re- sume with their operations. Howeer, the rest of all gaming with franchises, licenses or permits grant- ed by the PCSO, such as Small-Town Lottery (STL), Keno and Peryahan ng Bayan (PNB), will remain suspended. These gaming operations are still undergoing investigation, Panelo said. He added that the Office of the President will be evaluating probe results from the concerned agencies. New sources The government earlier said it would look for other sources of funds to continue providing medical assistance to the poor following the closing of all gaming outlets of PCSO. In an interview with “The Chiefs” on Cignal TV’s One News last Monday, July 29. Health Secretary Francisco Duque III said the administration’s economic managers must identify funding sources to augment PCSO funds. “They have to be imaginative on where to get the funds. The PCSO funding is huge and can render anemic the capacity of the Malasakit centers to be able to maximize support to poor patients,” Duque said. “The shortfall must be filled.” He said revenue collection from sin taxes could be one of the possible fund sources. According to Duque, revenue from sin taxes may help generate additional funds to realize the objective of the University Health Care (UHC) law. He said the Department of Health (DOH) could also provide help through its medical assistance programs for the poor. Without the charity funds from PCSO, Duque said the Philippine Amusement and Gaming Corp. (Pagcor) may also be required to boost its income generation to be able to help more indigent patients. Local government units can also extend medical aid to residents in their areas, Duque said. The health chief noted that nearly half a million people receive financial support annually from the PCSO for their hospitalization and other medical needs. Duque said the charity agency also provides P1.5 billion yearly
Lotto outlets along Visayas Avenue in Quezon City were closed on Saturday, July 27, in compliance with the directive of President Rodrigo Duterte to stop the operation of all outlets of the Philippine Charity Sweepstakes Office’s (PCSO) Lotto, Small Town Lottery (STL) and Peryahan ng Bayan in the country due to “massive corruption”. PNA photos by Gil Calinga
for the implementation of the UHC law. Under the UHC law, a family of five should receive P800 worth of primary health package from the PCSO funds. Pagcor will provide P40 billion for the UHC law implementation. According to Duque, a majority of the UHC funding will go to preventive healthcare programs such as immunization. He said the government is far from reaching the required P257billion fund for the first year of implementation of the UHC law. The UHC law will be initially implemented on a limited scale covering 33 sites. Duque said if he had been consulted by Malacañang about the suspension of PCSO gaming outlets, he would inform them of its possible impact on healthcare services. He expressed hope that the closure of small town lottery (STL) draw centers would be temporary. Beneficiaries of the PCSO who are affected by the suspension of its gaming schemes could still get medical assistance from other government agencies such as Pagcor, Department of Social Welfare and Development and Office of the President, presidential spokesman Salvador Panelo said. “They will not lose their life lines for medical subsidies and burial assistance. The govern-
ment will continue providing medical assistance,” he said. Panelo said the president wants to stop corruption in the PCSO. “But it doesn’t mean that the medical assistance to those in need will also end,” added. In Negros Occidental, the closure of PCSO gaming activities has displaced at least 13,000 STL agents and lotto workers, according to provincial branch acting manager Jose Manuel Villagracia. Villagracia said the PCSO continues to give financial aid to the needy since they have budget until the end of the year. He said the agency is extending P504,000 daily to beneficiaries. This is on top of the P245,000 given directly to the Corazon Locsin Montelibano Regional Memorial Hospital in Bacolod City. PCSO services The PCSO said it continues to provide services to the public despite the gaming ban imposed by President Duterte. The agency said a total of 1,300 IMAP clients were able to get financial assistance from PCSO branch offices across the country. The PCSO also received requests for medicine donation and conduct of medical mission. A total of 167 lottery winners claimed their prizes at the PCSO head office despite the gaming ban. n
US gives P2B to boost quality early education... PAGE A1 gé d’Affaires John Law told reporters on the sidelines of the launch. “When you can get them in their kindergarten years, in those very first years, if you can establish those good habits of reading, of literacy, of interest in mathematics as well as…social skills, kids are gonna have a successful educational experience,” he further explained. The program will be implemented from July 2019 to June 2024 throughout schools in the Bicol and Western Visayas regions. “The focus is on fundamental literacy—I think the challenge in Bicol and Western Visayas is we have so many languages—also fundamental mathematical literacy, numeracy, an ability to work with numbers because that opens up a whole world of science and technology as well,” Law said.
The said project, which would ensure access to quality education for children in areas of greater need, seeks to improve basic life skills of children in grades 2 and 3. “This program is focused…in two regions to start off, but we’re really looking forward to have a tremendous impact on those initial years when kids are learning, that’s just gonna catapult them to success as they’re older, we believe,” Law said. “We’re really excited about this program, we think it’s gonna be tremendously successful and if it is [successful], we wanna build on that success, and I’m sure the Philippine government would want to build on that success as well,” he added. In achieving its goal, the project would invest in professional development and support for teachers
to achieve improved instruction and learning delivery. The program would also introduce innovative approaches to teaching materials development to make them available in a variety of languages. “Indeed it takes a village to raise a child…Partnerships with various sectors of the community are essential to helping our children reach their maximum potential, together we put our stakes in the future of our children, transforming them, making them dream differently and achieve,” DepEd Assistant Secretary Salvador Manala III said in his closing remarks during the launch. “We look at ABC+ as a potent tool and as a vehicle to improve basic life skills of our children and thus help us bring about a stronger society,” he added. (Christina Marie Ramos/Inquirer.net)
DILG orders mayors to clear roads... PAGE A1 public roads that are being used for private ends,” Duterte said in his fourth State of the Nation Address (SONA) on July 22. According to Año, “significant results” will be measured in the clearance of roads, with the priority for high-traffic roads.
He also warned mayors who would fail to reclaim roads of administrative complaints, using the Local Government Code. “There is no room for compromise on this issue. It’s either black or white. I will not hesitate to submit to the president the names of stubborn local chief
executives. If it all leads to a suspension, so be it. It is for the benefit of the people anyway,” Año said. He also reminded mayors to take measures to provide alternatives for the displaced persons that would be affected with their clearing operations. n
SC tells IBP: Prove fishermen knew of...
PAGE A1 The IBP earlier said it had decided to withdraw the petition after talking to some of the fishermen in Palawan and Zambales
who were included the petition. The IBP said it had tried to locate 20 other fishermen but failed. In its motion to withdraw, the IBP said it had tried to comply
with all the court directives of the court, but “unfortunately the Solicitor General has tainted the intended orderly proceedings of this case.” n
California Republicans demand state divert housing... PAGE A1 On Monday, July 22, Republican lawmakers sent a letter to the governor urging him to release details on how the settlement money has been spent and ordered it be moved to the mortgage fund per its original intent. In 2012, then-Governor Jerry Brown had illegally diverted the funds to balance the state’s budget that year and to pay off state debts. “The court’s decision is unambiguous. The state must return this money to the mortgage fund so it can be used on behalf of distressed homeowners,” California Republicans wrote in their letter. “Many homeowners are strug-
gling in an economy that has seen inconsistent growth and still feel the effects of the recent recession and downturn in the housing market. This funding will allow thousands of homeowners statewide to stay in their homes by preventing unnecessary foreclosures.” The state gained the $311 million as a result of a 2012 settlement with the five largest banks in the nation which committed fraudulent lending practices. This lead to millions of homeowners losing their homes because of mortgage delinquencies and foreclosures. Along with co-plaintiffs, the NAAC sued Brown and state fi-
nance officials in 2014 in order to return the funds to the National Mortgage Special Deposit Fund. “The state’s highest court has weighed in and agreed that the governor needs to return the $331 million originally allocated to help struggling homeowners,” Senate Republican Leader Shannon Grove (R-Bakersfield) said in a statement sent to the Asian Journal. “Legislative Republicans have requested that the governor create a plan to return this money and stop playing hide and seek with the funds. Otherwise, this is just another broken promise out of Sacramento.” (Klarize Medenilla/AJPress)
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A
Philippines named ‘deadliest’ country for Sotto hits Amnesty International; Robredo bucks death penalty environmental defenders – Global Witness by Paolo
romero Philstar.com
by Divina
nova Joy Dela Cruz Inquirer.net
LONDON-based watchdog Global Witness has named the Philippines as the “deadliest” country for environmental defenders with the most number of deaths recorded in 2018. In its annual report, Global Witness documented 30 people killed in the Philippines, including the victims of “Sagay 9” in Negros Occidental. The Philippines has surpassed Brazil, which has held the top spot since 2012. “Sagay 9” refers to the nine sugarcane farmers who were gunned down and their tents burned by unknown assailants on October 20, when they occupied a plot of land at Hacienda Nene in Barangay Bulanon, Sagay City where there was an ongoing regional land dispute. Among the victims, were three women and two teenagers. “Theirs is not an isolated case. The Philippines has consistently ranked as one of the deadliest countries in the world for people protecting their land or the environment,” Global Witness said. “The ecological agriculture that landless farm workers have painstakingly carved out of the vast monoculture plantations of Negros sugar barons have been irrigated with blood and bullets. Since 2017 to date, at least 87 land and environment defenders have been murdered by military,
paramilitary troops, and other state forces for carrying out land occupation and cultivation campaigns across the island,” Leon Dulce, national coordinator of local environmental group Kalikasan People’s Network for the Environment (Kalikasan PNE) said in a statement. “The killing fields of Negros is the single biggest driver of environmental defenders in 2018. Scores more are being killed by the military rampage as we speak,” Dulce said. Global Witness also highlighted said that 15 of the killings were linked to agribusiness. Following the Philippines in the “deadliest” list were Colombia with 24 killings, India with 23, and Brazil with 20. A “massacre” in India, which killed 13 people in a protest over a copper mine in Tamil Nadu, catapulted it to the top 3 deadliest countries. Global Witness has documented a total of 164 land and environmental defenders killed worldwide in 2018, which could translate to more than three in a week. Most of the killings were linked to the mining sector “with 43 defenders killed protesting against the destructive effects of mineral extraction on people’s land, livelihoods and the environment,” the report said. It also noted the steep increase in killings related to water sources and dams with
4 people killed in 2017 to 17 in 2018. Other cases were linked to agribusiness with 21, logging with 13, poaching with 9, fishing with 2, and wind power with 1 case. Global Witness said impunity has made it difficult to identify perpetrators and found that 40 of the cases were linked to state security forces. Some 40 other cases were linked to private sectors such as hitmen, criminal gangs and landowners as suspects. It also found that “criminalization” and “aggressive civil cases” were “being used to stifle environmental activism and land rights” defense globally. “This year, for the first time, Global Witness also sounds the alarm about the criminalization of activists and their communities. Evidence from across continents shows that governments and companies are using countries’ courts and legal systems as instruments of oppression against those who threaten their power and interests,” Global Witness said in a separate statement. “As detailed in Global Witness’ report, for example, indigenous activists in the Philippines have faced death threats, been thrown in jail and had their homes demolished for opposing the use of their land to grow bananas for sale on global markets,” it added. n
19 Filipino seafarers held in Mexico allegedly for drugs – DFA by Christa
marie Inquirer.net
ramos
NINETEEN Filipino seafarers are presently being held in Mexico allegedly over illegal drugs, the Department of Foreign Affairs (DFA) said on Tuesday, July 30. DFA said in a statement that crewmen of Cypriot-flagged vessel UBC Savannah were detained in Mexico on July 27 for allegedly violating the illegal drug law of that country. A total of 22 seafarers – 19 Filipinos and three Polish nationals – are aboard UBC Savannah, according to DFA.
DFA said it is “actively monitoring” developments concerning the detention of the 19 Filipino seafarers through the Philippine Embassy in Mexico. “Embassy representatives were able to speak with seven of the Filipino seafarers currently detained for questioning,” DFA said. “The group is generally in good spirits, and informed the Embassy representatives that their families have been informed of what happened.” DFA assured that the Philippine Embassy in Mexico is closely coordinating with both Mexican authorities and the law firm representing the ship’s
crew. “At this point, no formal charges have been filed against any seafarer. The DFA stands ready to provide any form of assistance, including legal assistance if still necessary, to protect the Filipino seafarers’ right to be heard in court,” it noted. “However, should they be found to be guilty by the proper court of the charges against them, they have to face the legal consequences of their actions,” it added. DFA then reminded the Filipinos working abroad follow the laws in their countries of destination. n
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SENATE President Vicente Sotto III hit back at Amnesty International (AI), saying the push for the reimposition of the death penalty was only for those who are convicted of heinous crimes, particularly high-level drug traffickers. Sotto said other countries have a longer list of crimes that are punishable by death. He also cited reports that the Trump administration in the U.S. has reinstated the federal death penalty. “For us, I only seek it for highlevel drug trafficking. Those in AI have so many complaints,” Sotto said. Sotto earlier said the death penalty bill, which is strongly opposed by many lawmakers and other groups, may have a chance of being passed by Congress if it will be limited to high-level drug trafficking and possibly plunder. For her part, Vice President Leni Robredo thumbed down the efforts to restore the death penalty, saying capital punishment does not deter crimes. “We had death penalty before and data show that it’s not a de-
Senate President Vicente Sotto III Philstar.com photo
terrent,” Robredo said. “What’s more important is to fix the justice system, what’s important is for us to implement the laws properly. Death penalty is not the solution for people not to commit a crime,” she stressed. Meanwhile, detained Sen. Leila de Lima strongly denounced presidential spokesman Salvador Panelo for his claim that President Duterte prefers death by hanging to lessen expenses amid the administration’s aggressive push to revive the death penalty.
“This statement only shows how barbaric and inhumane this government is. It’s really in their blood being sadistic, cruel and violent,” De Lima said. She reiterated that restoring the death penalty for heinous crimes would not deter the commission of crime but instead would only affect poor Filipinos. “The simplistic equation that death penalty will result in greater crime deterrence reflects an elitist, anti-poor and misdirected mindset,” she said. De Lima has offered an alternative to death penalty when she filed Senate Bill 187, which seeks to impose qualified life imprisonment on extraordinary heinous crimes, such as drug cases and plunder. If enacted into law, the measure will impose qualified reclusion perpetua without parole on persons found guilty of treason, piracy, murder, infanticide, kidnapping and serious illegal detention, robbery with violence against or intimidation of persons, destructive arson, rape, plunder and violations of Dangerous Drug Act of 2002. PAGE A4
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Dateline PhiliPPines
Damaged Batanes heritage homes face demolition Cayetano sees smooth passage of OFW department bill by glee Jalea
by Michael
Punongbayan Philstar.com
MANILA — Initial damage to infrastructure caused by the earthquakes that hit Itbayat island in the province of Batanes on Saturday, July 27 has been placed at P72 million, while hundreds of houses may be demolished because these are no longer habitable. The National Disaster Risk Reduction and Management Council (NDRRMC) and other government agencies have yet to assess the damage to other public and private properties. Another aftershock, measuring magnitude 3.4, shook Itbayat on Monday, July 29. According to the Philippine Institute of Volcanology and Seismology (Phivolcs), the tremor happened at 2:03 p.m., with its epicenter traced 18 kilometers southwest of Itbayat. During a briefing on the situation in areas hit by the earthquake, Interior Secretary Eduardo Año said failure to comply with the building code was one of the gaps observed while officials were responding to the effects of the disaster. “I would like to commend the LGUs (local government units), particularly the provincial government and their governor Marilou Cayco and (Itbayat) Mayor Raul de Sagon, for immediately acting and getting response. They were able to convene the local DRRMC and designated an emergency operation center,” Año said. “But we have seen some gaps. Like for example, most of the houses were actually (built during the) Spanish era... and they did not follow the building code. So aside from the 15 houses, probably some of those houses will not be livable anymore. We have to assess the structural integrity and ensure that the building code will be followed,” he added. Housing and Urban Development Coordinating Council (HUDCC) chief Eduardo del Rosario agreed, saying some houses in the province do not have any steel because they were built more than five decades ago. The HUDCC also warned Itbayat residents that damaged houses declared condemned due
ManilaTimes.net
HOUSE Speaker Alan Peter Cayetano sees the smooth passage of the bill seeking the creation of the Department of Overseas Filipino Workers (OFWs), which was certified urgent by President Rodrigo Duterte. The former Foreign Affairs secretary cited the need to have a department that will look after the welfare and protection of OFWs. “I was able to prove when I was at the Department of Foreign Affairs (DFA) that no matter the care of the DFA secretary, the President to the OFWs, someone has to be in charge to ensure their welfare and protec-
File photo shows a traditional stone house in Batanes. Several of these houses, made of limestone, wood and thatch and constructed to withstand typhoons, were damaged during the quakes that hit Itbayat town last Saturday, July 27. Philstar.com photo by Michael Varcas
to the earthquake would be demolished. “Yes definitely, they will not be allowed to live there anymore because if something happens, we will be having casualties,” Del Rosario told reporters on the sidelines of the 7th Asia Pacific Housing Forum in Makati City. Philippine Navy spokesman Capt. Jonathan Zata revealed on Monday that estimated damage to infrastructure so far is at P72 million, according to the joint task force of the NDRRMC, Department of Health (DOH) and the Batanes provincial government. The NDRRMC, in a separate report, said P47 million in infrastructure damage refers to the Itbayat District Hospital and Itbayat Rural Health Unit. Among the other structures damaged were the Mayan Elementary School and Itbayat National Agriculture High School but damage costs are yet to be assessed. The death toll remained at eight, with one missing and 63 others injured. The NDRRMC said 911 families or 2,963 individuals affected by the earthquakes from five different barangays are at the Itbayat Plaza. Zata said the government has
been assisting residents and the Philippine Navy has led the relief and restoration of affected areas. Displaced families have received food and other items from the DOH, Department of Social Welfare and Development (DSWD) and provincial and local disaster risk reduction management offices. Also helping in relief operations are private firms and nongovernment organizations like Meralco, Globe Telecom and GMA Kapuso Foundation. Tent plaza Governor Cayco said electricity and communications were restored in the island municipality of Itbayat yesterday morning. Cayco said President Duterte made an aerial survey of Itbayat on board a helicopter last Sunday. She said most of the 3,600 residents of the island are living in tents at the town plaza. The governor appealed to tourists visiting Batanes to avoid Itbayat that has no facilities to accommodate visitors. Itbayat is famous for its 19th century structures and limestone houses. Duterte reminded local officials to comply with the building code to minimize damage caused by earthquakes. n
tion, and to help them seek better work opportunities, hence we have a House version of the Department of Overseas Filipino Workers and Foreign Employment,” Cayetano said in a mix of English and Filipino on Sunday, July 28. “If we hold job fairs, operate the Public Employment Service Office programs, then we should have an agency looking for opportunities for Filipinos to work abroad,” he added. Out of over 2,000 House bills and resolutions tabled in the first week of the regular session of the 18th Congress, House Bill 2, or “an Act creating the Department of Overseas Filipino Workers and Foreign Employment,” had been tabled for first
reading. The bill defined the department’s powers, fund appropriation, organization and functions. The measure was authored by Cayetano, his wife Taguig First District Rep. Maria Laarni Cayetano and Deputy Speaker Paolo Duterte. Cayetano expressed confidence that the Senate version of the measure would be approved in no time. “This is also a priority by Sen. [Christopher Lawrence “Bong”] Go in the Senate. The President said that he wants this. So, now, we are looking at least three departments: the Department of Disaster Resilience, the Department of Water and the Department of OFWs,” he said. n
BI: More Chinese barred from entering Philippines by evelyn
Macairan Philstar.com
MANILA — The Bureau of Immigration (BI) has barred the entry of 2,351 foreign nationals, including 1,129 from China, during the first six months of this year. In a statement, BI Port Operations Division (POD) chief Grifton Medina reported to Immigration Commissioner Jaime Morente that the foreigners were stopped at the different international airports in the country. Statistics from the BI-POD travel control and enforcement unit showed that almost half of those turned away were Chinese, followed by 106 Indians, 87 Americans, 52 Taiwanese and 67 Koreans. “They were turned back after undergoing primary and secondary inspection by our immigra-
tion officers and were declared unfit for admission into our country for a variety of reasons. They were issued exclusion orders and booked on the first available flight to their ports of origin,” Medina said. These aliens were barred after they were found to be either registered sex offenders, wanted fugitives, suspected international terrorists or blacklisted and previously deported. The entries of others were denied for being “public charges” or classified as persons without visible means of supporting themselves and whose purpose of coming here was doubtful. Morente said those excluded for being a public charge or whose entry is a threat to public order and safety would be barred from re-entering the country. Several others were turned
back for being rude and disrespectful toward immigration officers and for having incomplete travel documents. Out of the 2,351 foreigners, Medina said, 1,920 were turned away at the Ninoy Aquino International Airport while the rest were stopped at the airports in Mactan, Clark, Kalibo, Aklan and Davao. “Our immigration officers are working hard day and night to protect our borders from these threats. We are serious in our drive against illegal aliens and we are doing the best so we can stop them from entering the country,” Morente said. He added that the BI is “not targeting specific nationalities” but is instead “targeting illegal and undocumented individuals who try to enter the Philippines.” n
PNP eyes stronger ties between public, drug-free communities by eMManuel
TuPas
Philstar.com
MANILA — The Philippine National Police (PNP) it wants the public to forge a strengthened partnership with drug-free communities and police in yet another bid to end the country’s drug problem. PNP spokesman Brig. Gen. Bernard Banac said anti-drug partnerships and stakeholders will promote evidence-based approaches to reducing drug demand by improving prevention
and wellness programs. “The PNP is always ready to reach out to the Filipino people and to show them a role model in communities to whom the public may entrust their lives and who will guard their rights and ensure safety to live and do business,” Banac said in a statement. Banac attended training at the Mid-Year Training Institute on July 14 to 18 in Dallas, Texas together with Undersecretary Jose Marlowe Pedregosa of the Dangerous Drugs Board.
The training, wih the theme “Transforming Communities, the Power of Prevention,” was organized by the Community Anti-Drug Coalitions of America through the efforts of the International Narcotics and Law Enforcement Affairs Office of the U.S. embassy in Manila. “The training is timely and applicable as it gives importance to initiatives in forming broad anti-drug coalitions to sustain the gains we have achieved in our campaign to reduce drug demand and abuse,” Banac said. n
‘Bikoy’ now under police custody after surrender THE hooded narrator of a video series linking President Rodrigo Duterte’s family and allies to illegal drug activities has surrendered and is now under police custody, Philippine National Police (PNP) Chief Oscar Albayalde said. Peter Joemel Advincula, alias “Bikoy,” who appeared in the “Ang Totoong Narcolist” videos, gave himself up before the Criminal Investigation and Detection Group (CIDG) at 7 p.m. on Monday, July 29 amid a pending arrest warrant. “Yes, sumuko siya kasi lumabas yung cyberlibel in connection the complaint of Mr. Co na inimplicate niya na sinasabi na nagmemaintain ng drug lab sa Bicol (Yes, he surrendered because of [the] cyberlibel [case] in connection with the complaint of Mr. Co, who accused him of maintaining a drug lab in Bicol),” Albayalde said in a chance interview with the reporters. The Legazpi City Regional Trial Court Branch 5 released the arrest warrant dated July 11 against Advincula with a recommendation for a P10,000 bail. Co is Bicolano businessman Elizaldy “Zaldy” Co who, on May 14, filed a P1-billion cyber libel suit against Advincula and Rodel Jayme, owner of MetroBalita.net, which uploaded the controversial videos. Facebook and Google are also co-respondents in the case. Advincula accused Co in the
Peter Joemel Advincula, alias “Bikoy,” who appeared in the “Ang Totoong Narcolist” videos Inquirer.net photo
fifth installment of the video series of being the leader of Quadrangle Group operating in Bicol, alleging that a basement inside Misibis Resort and Hotel Management Inc. was used as a drug laboratory. Aside from the cyber libel case, Advincula is also facing sedition. Albayalde said that the arrest warrant was for the violation of Republic Act 10175 under Cybercrime offenses in relation to Article 353, 354, and 355 of the Revised Penal Code. In his affidavit, Advincula claimed that the videos were
part of a plot to oust Duterte, which Vice President Maria Leonor “Leni” Robredo and 35 others were allegedly involved in. Robredo, former senators Benigno “Bam” Aquino 4th and Antonio Trillanes 4th; Otso Diretso candidates Jose Manuel “Chel” Diokno, Romulo Macalintal, former Solicitor General Florin Hilbay, Samira Gutoc and former congressman Erin Tañada are co-respondents in the sedition charges which the PNPCIDG and the Department of Justice (DOJ) had filed. (Darwin Pesco/ManilaTimes.net)
Sotto hits Amnesty International; Robredo bucks... PAGE A3
In addition to qualified reclusion perpetua or imprisonment of 50 years with no possibility of parole, those guilty of extraordinary heinous crimes will be fined P5 million under the measure. Buhay party-list Rep. Lito Atienza, for his part, said if the death penalty is re-imposed, police scalawags are likely to use capital punishment to commit “horrific abuses” against citizens. “There are many corrupt officers everywhere. In fact, no less than President Duterte himself at one point tagged the police as ‘rotten to the core’ and reckoned that four out of every 10 officers are engaged in all sorts of criminal activities,” he said.
Atienza said once Congress revives the death penalty, these police crooks “will surely brandish capital punishment as the Sword of Damocles to hang over the heads of their potential victims of kidnapping, extortion and evidence-planting.” “Abuses are guaranteed to inflame once twisted officers have the ‘deathtrap’ at their disposal. They will have a heyday shaking people down with false or fabricated evidence,” he added. Besides the kidnapping-forextortion and murder of South Korean businessman Jee IckJoo by anti-narcotics agents, Atienza cited the case of a police officer in Manila who raped a 15-year-old girl in exchange for the freedom of her parents
who were arrested for alleged drug offenses. He said Sen. Panfilo Lacson’s proposal to also impose the death penalty on lawmen engaged in planting evidence would not deter police rascals from perpetrating abuses. “As demonstrated in previous cases, shady officers operate like syndicates and connive not only in committing abuses, but also in protecting themselves against possible discovery,” Atienza said. To suppress illegal drug trafficking, Atienza urged the Duterte administration to first address rampant corruption at the Bureau of Customs. (With reports from Jess Diaz, Helen Flores/Philstar.com)
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SoCal ASIAN JOURNAL • JULy 31-AUgUSt 2, 2019
A
A6 JULY 31-AUGUST 2, 2019 • SoCal ASIAN JOURNAL
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OPINION
While we’re sleepin
FEATURES
IT was a tragic, dramatic illustration of the importance of being prepared for disasters, especially in the most unguarded moments. Last Saturday, as authorities carried out what was touted as a nationwide “shake drill” at 4 a.m., a real earthquake rocked the country’s northernmost province of Batanes. Like many other people across the country, most of the Batanes residents were still asleep. The quake at 4:16 a.m. lasted only a few seconds. But with a magnitude of 5.4, followed by a magnitude 5.9 temblor about three hours later, the quakes were powerful enough to destroy a Catholic church and several dwellings, some of them heritage houses in picturesque Itbayat town. Eight people were killed while about 100 were injured. On Monday, July 29, a ninth fatality was found in a cave. Fearing aftershocks, families fled to safety, learning belatedly the inadequacy of the mass evacuation capability of their province. July is the same month in 1990 that the magnitude 7.7 earthquake devastated large swaths of Luzon, killing at least 1,621 people mostly in Nueva Ecija and Baguio City. Some areas felt the quake at up to Intensity 9. The quake was so powerful it created a ground rupture 125 kilometers long from the province of Aurora to Cuyapo in Nueva
Ecija. Soil liquefaction partly swallowed residential and commercial structures in Pampanga. Since the catastrophe, there have been improvements in earthquake preparedness. The impact of the recent quake in Batanes, however, shows that more can be done. Structural experts are reminding residents or custodians of buildings made of limestone – a typical material used in heritage churches across the country – to fortify the buildings against earthquakes. The inadequacy of evacuation centers in Batanes also gives urgency to proposals for the upgrading of such facilities across an archipelago that is visited regularly by powerful typhoons and earthquakes, torrential floods and killer landslides. The Batanes earthquake is just the latest reminder of seismologists’ warning that Metro Manila and neighboring areas are ripe for the so-called Big One along the East and West Valley Faults. The fault system runs from Doña Remedios Trini-
Editorial
Philstar.com photo
dad in Bulacan through parts of Rizal and Metro Manila up to Cavite and Canlubang, Laguna. When the faults finally move, experts estimate that some 35,000 people could die in Metro Manila alone from the earthquake itself apart from the fires that are bound to break out, with thousands more injured and displaced. Millions would suffer from
disruptions in basic services and supply chains, and health facilities could be overwhelmed. Local government units play a critical role in disaster preparedness and mitigation around the clock. The earthquake in Batanes is the latest sad reminder that disaster can strike, even while we’re sleeping. (Philstar.com)
Revealing inside story of Gel Santos Relos’ 12 years as anchor of ‘Balitang America’ and 25 years as kapamilya at TFC
The Fil-Am Perspective GEL SANTOS-RELOS TWELVE YEARS ago, my family had just settled in California, coming from Minnesota where we lived for four years as my husband completed his training in surgery. I thought my career in broadcasting was over after I said goodbye to my very fulfilling career in radio and television at ABS-CBN headquarters in Manila to immigrate to the United States with my family in 2001. I started my real estate business while raising my kids in the United States without yayas, a driver, and extended family support to help my husband who was then just getting a humble stipend as a resident in surgery. On the side, I also ventured into the distribution of The Filipino Channel (TFC) satellite and subscription. TFC then was just growing after it was launched in 1994 in the United States and based in California, giving kababayans access to Filipino television programs from ABS-CBN, the parent company of TFC. I would even give my Filipino clients — mostly Filipino nurses in Minnesota — TFC satellites as gifts for their new houses and they were so grateful as it helped ease away their homesickness and kept their parents longer to take care of their kids as husband and wife worked. During this time in 2002-2005, I would also file stories for the weekly “Balitang America,” which was launched on September 28, 2002, post 9/11 tragedy and in preparation for the upcoming elections in the United States, under the leadership of Ms. Ging
Reyes, who was then the North America News Bureau Chief. When my husband finally finished his surgical training in 2005, my family moved to Northern California upon his acceptance of a job with Kaiser Permanente. His service area then was in Stockton, where I also eventually practiced real estate. But before this, we visited the Philippines for the first time since we left in 2001. Our visit to Manila coincided with the “Hello Garci” scandal of the Gloria Macapagal Arroyo presidency. When my colleagues at ABS-CBN knew I was in town, they invited me to be a guest on a talk program where I shared how kababayans in Minnesota felt about the chaos in politics in the Philippines. Little did I know that this TV appearance would open the doors for me to go back to my first love — broadcasting. Upon returning to California from our visit to Manila, I was contacted by one of TFC’s production bosses Maritess Militar to invite me to co-host “Citizen Pinoy” with Atty. Michael Gurfinkel. Even earlier than this, TFC chief Rene Encarnacion called me and talked about the future plans of TFC to produce more local programs and he said he could see me moderating town hall meetings and hosting talk shows. When I heard this, something lit up within me, fired up my belly and made me feel like flying. This was how I knew where my passion was even after my hiatus from broadcasting. And so that started my comeback to ABS-CBN as an on-cam personality after four years, co-
hosting “Citizen Pinoy” from 2005 to 2008. But I did not know then something bigger was coming. During the first quarter of 2007, Ging Reyes and ABS-CBN big boss Gabby Lopez had a teleconference with me to invite me to anchor “Balitang America” daily newscast, which they wanted to launch in the second quarter of that year in the new studio and headquarters of TFC in Redwood Shores, California. While I was thrilled by the prospect of anchoring the news daily again as I used to do in Manila, I had some reservations within me. My family just bought a house in Stockton and the TFC studio was more than 90 miles away from Redwood Shores. And, I had a booming career in real estate in Stockton which I was doing full time. I had to decline the offer. BUT Ging Reyes was relentless and even pleaded with me to just help establish the daily newscast and then I could leave anytime. She said I should just look at it as a “long lunch break” from my real estate day to day grind. TFC offered to help me in every way possible to make it worth my time and effort to anchor the news again albeit the distance. AND SO on May 7, 2007, we launched the “Balitang America” daily newscast, starting off with just 15 minutes airtime. I would drive from Stockton to Redwood Shores, every day from Monday to Friday, around noon time, traversing more than 180 miles round trip, taking me easily about a four-hour round trip commute amid all the road constructions
and traffic, passing through so many hills and valleys — all this for 15 minutes of taping every day. And then the newscast became 30 minutes in length, and we started doing town halls and specials in the service to the Filipino American community. That light in my spirit, that fire in my belly, that feeling that I could fly when Rene Encarnacion talked to me about the future of TFC — they all manifested not just with a vision, but with the realization of that vision. And so, I left my real estate business. We moved to the San Francisco Bay Area near TFC. With the support and blessing of my husband, I put my wholehearted commitment to my relationship with TFC and the shared mission we have — to be of service to the Filipinos in America, empowering them with news and information, giving them a platform to make their voices heard. For 12 years I had been a part of the evolution of “Balitang America,” recalibrating, reinventing and keeping up with the demands, challenges and opportunities of the changing times — from the end of the George W. Bush years to Barack Obama’s two terms as president to Donald Trump being catapulted to the presidency. “Balitang America” has been serving the Filipinos in North America daily for more than 12 years, through recession and recovery, through the failures and triumphs of our kababayans in America, through the changing culture brought about by leaps and bounds changes and innovations in technology, through
analog to digital. And now 12 years hence, “Balitang America” has to change with the times, and maximize the use of digital technology to expand our reach to even more Filipinos in America and around the world. Hence, on July 26, I taped my last episode as the anchor for “Balitang America,” as the newscast transitions to being taped and anchored in Manila using news stories gathered by our reporters in different parts of North America. This is a strategic business decision so that beyond the newsroom and the conventional newscast, TFC can venture further into digital news, creating new ways of storytelling that cater to the younger generation as well. HOWEVER, TFC carries on with its strong commitment to be of service to our core audience, who has been our loyal subscribers and viewers of our programs for decades. This is how my partnership and collaboration with TFC continues and evolves beyond “Balitang America,” maximizing the use of digital technology to serve our Filipino American community and help them even better as they navigate their new life here in the United States. I have almost come full circle in TFC’s 25 years of service - being watched by Fil-Ams through my programs produced in Manila like “Hoy! Gising!”, “Tatak Pilipino”, “Compañeto y Compañera”, “Pulso”, “Headlines”; on TFC’s locally produced programs “Citizen Pinoy” and “Balitang America; and listening to me on radio DZMM while they
were still living in the Philippines for news and information. Moving on and looking forward to the future, I will reach out to our kababayans through this new platform and format that will deliver all the value and service of the programs I have been a part of on radio and television in the past to serve our kababayans using digital technology. ABANGAN: A podcast/teleradyo para po sa inyong lahat, mga Kapamilya! We will talk about information you need to help you in your day to day challenges in America, all the heartaches and pains and worries that keep you up at night, and all the problems we are facing hoping to find help and solutions. I will continue to serve you as a true Kapamilya — your “Ate,” “Tita” or simply your kapamilya “Gel,” who will strive to make you feel you are not alone as you adapt to your new life in the United States. Send your topic requests, messages to: Facebook.com/Gel.Santos.Relos. You may also email me: gelrelos@icloud.com. That light in my spirit, that fire in my belly, that feeling that I could fly — they are all here in me burning stronger than ever as we embark on this new adventure together. “Change is inevitable but growth is optional”. Let us continue to grow together, Kapamilya. Maraming salamat po! *** Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www. facebook.com/Gel.Santos.Relos
Reincarnating the death penalty
Commentary
vengeful anger. When it’s the government that’s confronted with the question, however, the query beJOEL RUIZ BUTUYAN comes secondarily an emotional inquiry, and primarily a probe IF your wife or daughter is into policy. The objective of obraped or murdered, would you taining retribution or revenge not want to kill the culprit?” in behalf of the victim’s famThis is the leading question ily remains a crucial purpose usually asked by advocates of in imposing a penalty against the death penalty by way of con- the offender. But the overridfronting those who are against ing consideration for the state it. “Of course I would want to” is whether the penalty imposed would be my ready answer. But is an effective instrument of dethat’s my answer, because the terrence against future commisquestion solicits an emotional sion of the crime. response. There’s an abundance of reThe question is no different search findings showing that from this: “If you are punched in the imposition of the death penthe face, wouldn’t you feel like alty has never been an effecpunching back?” I will not only tive deterrence against heinous punch back, but I will also kick crimes. These findings are valiand stomp on the offender in dated in studies across nations.
Death penalty supporters rely on two grievously wrong assumptions. First, they sweepingly assume that criminals are always caught red-handed, or the evidence against them is airtight. However, so many cases are filed based mainly on testimonial evidence. Many policemen are either indolent in gathering forensic evidence that is more reliable than verbal evidence, or they have inadequate equipment, budget and training to gather such evidence. Consequently, judges rely on “he said, she said” evidence that is so prone to manipulation. It’s very difficult to distill truth from oral statements laden with the imperfections of the witnesses’ behavior, education and morals, as well as the
competence or incompetence of the lawyers, prosecutors and judges. Second, death penalty advocates fatally assume that our courts are infallible when they convict a criminal and impose the death penalty. However, our Supreme Court has essentially revealed that our justice system is a dreadfully imperfect institution unworthy of being given the power to divine life or death for accused criminals. In the case of People v. Mateo (July 2004), our Supreme Court disclosed that in 71.77 percent of lower court decisions imposing the death penalty, the judges were wrong. That’s a staggering number of errors. The Supreme Court made these revelations: “Statistics would disclose that within the
eleven-year period since the reimposition of the death penalty law in 1993 until June 2004, the trial courts have imposed capital punishment in approximately 1,493, out of which 907 cases have been passed upon in review by the Court. In the Supreme Court, where these staggering numbers find their way on automatic review, the penalty has been affirmed in only 230 cases comprising but 25.36% of the total number. Significantly, in more than half or 64.61% of the cases, the judgment has been modified through an order of remand for further proceedings, by the application of the Indeterminate Sentence Law or by a reduction of the sentence. Indeed, the reduction by the Court of the death penalty to reclusion perpetua has been
made in no less than 483 cases or 53.25% of the total number. The Court has also rendered a judgment of acquittal in sixtyfive (65) cases. In sum, the cases where the judgment of death has either been modified or vacated consist of an astounding 71.77% of the total of death penalty cases directly elevated before the Court on automatic review that translates to a total of six hundred fifty-one (651) out of nine hundred seven (907) appellants saved from lethal injection.” So why do the President and Congress insist on giving our courts the power to impose the death penalty, when our highest court has confessed that hundreds of lives came very close to being erroneously put to death? (Inquirer.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
SoCal ASIAN JOURNAL • JULY 31 - AUGUST 2, 2019
BUSINESSJ& COMMUNITY ournal
BSP warns banks on dealing with virtual currency exchanges
BSP Deputy Governor Chuchi Fonacier issued Memorandum 2019 – 021 reminding BSP-supervised institutions to ensure the soundness and adequacy of risk management policies and practices when dealing with virtual currency exchanges (VCEs). Philstar.com file photo by Geremy Pintolo by Lawrence
agcaoiLi Philstar.com
THE Bangko Sentral ng Pilipinas (BSP) has cautioned banks and financial institutions on dealing with money service businesses, particularly those involved in virtual currencies including bitcoins. BSP Deputy Governor Chuchi Fonacier issued Memorandum 2019 – 021 reminding BSP-supervised institutions to ensure the soundness and adequacy of risk management policies and practices when dealing with virtual currency exchanges (VCEs). “As a safeguard against unregistered virtual currency exchanges, BSP-supervised financial institutions, upon onboarding and during transaction monitoring, should exercise extra caution and vigilance as well as perform enhanced due diligence, as necessary, in accordance with their Money Laundering and Terrorist Financing Prevention Program as prescribed under existing regulation,� Fonacier stated in the memo dated July 23. Cryptocurrency is a type of virtual currency that uses cryptography – a method of storing and transmitting data in unreadable
form so that only the intended receivers can read and process it. Bitcoin is the first and most popular cryptocurrency to date, introduced in 2009. Fonacier said banks should only deal with virtual currency exchanges registered with the BSP for the appropriate authority to engage in a specified business activity as mandated under Circular 944 issued in February 2017. Likewise, she added financial institutions should conduct risk assessment of the virtual currency exchanges, considering relevant factors such as business operations, types of customers, product/service availed, distribution channels, jurisdictions they are exposed to and expected account activity. Aside from obtaining proof of BSP registration and conducting validation procedures, the BSP official said banks should also perform enhanced due diligence including evaluating and understanding the business operations, distribution channels, customer profile, and obtaining the purpose of the BSFI account and anticipated account activity. Furthermore, registration with the Anti Money Laundering Council (AMLC) to comply with the re-
porting requirements should also be verified. Fonacier said banks should proactively monitor virtual currency exchanges transactions including personal accounts of the owners or proprietors based on appropriate parameters or alerts scenarios that capture their financial profile and behavioral account activities. The BSP said banks should implement robust systems to identify unusual movements of funds or transactions of the virtual currency exchanges for further investigation and determination if filing of suspicious transaction report is warranted. Latest data from the BSP’s Technology Risk and Innovation Supervision Department showed the value of transactions involving virtual currencies almost doubled to $390.37 million last year from $189.18 million in 2017. The BSP’s Monetary Board has given 11 companies the green light to operate virtual currency exchanges. These are Bexpress, Coinville Phils., ABA Global Phils., Betur (Coins.ph), Rebittance, BloomSolutions, Virtual Currency Philippines, ETranss Remittance International, Fyntegrate, ZyBi Tech and Bitan MoneyTech Co. Ltd. Inc. n
A
PH seeks $500-M WB loan
Fresh funding to improve country’s disaster resiliency by Ben
o. de Vera Inquirer.net
THE Philippines is seeking a fresh $500-million loan from the World Bank to sustain its ongoing initiatives aimed at making the country more resilient and immediately respond to natural disasters. World Bank documents showed that the proposed Third Disaster Risk Management (DRM) Development Policy Loan (DPL) with a Catastrophe Deferred-Drawdown Option (CAT-DDO) is being considered for approval of the Washington-based multilateral lender’s board in March next year. The new development policy financing to be implemented by the Department of Finance will “strengthen the policy and institutional capacity of the government of the Philippines to reduce disaster risk, respond to and recover from natural disasters,� the World Bank said. “This will be achieved by supporting policy actions aimed at further strengthening the policy, regulations and institutional
framework for disaster risk reduction, and further enhancing the capacity to respond and recover from disasters,� it added. The Philippines earlier secured $500 million each in credit lines for CAT-DDOs 1 and 2 in 2011 and 2015, respectively. The 2011 CAT-DDO was the first-of-its-kind liquidity facility in the Asia-Pacific region. According to the World Bank, the Philippine government requested for a third DRM DPL with CAT-DDO to “not only access immediate liquidity in the aftermath of severe disasters but more importantly access to technical support from the World Bank in strengthening their overall DRM policy reforms and developing institutional capacity to implement the reforms at the national and local levels.� “This operation also builds on the previous two DRM DPLs with CAT-DDOs,� the lender added. The World Bank noted that the Philippines remained highly vulnerable to adverse natural events, which creates risk to achievements in poverty reduction and long-term
growth. “Seventy-four percent of the population is vulnerable to natural disasters and 60 percent of total land area is exposed to multiple hazards. The most frequent and widespread of natural hazard events from 2005 to 2015 were climate-related. Around 90 percent of damage in recent years was from typhoons, and Super typhoon ‘Yolanda’ alone killed 6,300 and caused $12.87 billion in damage in 2013, hampering economic growth by about 0.9 percent,� the bank noted. As a result of the disaster, it said an additional 2.3 million people were estimated to have fallen below the poverty line. The frequency and severity of typhoons and flooding are expected to increase with climate change and will be most felt in coastal and urban areas. “In addition to this, a projected magnitude 7.2 earthquake on the West Valley Fault [in Metro Manila] could cause 48,000 fatalities, $48 billion in economic losses, and catastrophic impact on government and business continuity,� according to the World Bank. n
Inflation seen easing to 2.3% in July – economist by anna Leah
e. gonzaLes Manilatimes.net
INFLATION likely decelerated further to 2.3 percent in July from 2.7 percent the month before on the back of lower food and oil prices, according to an economist. In a report over the weekend, Security Bank Corp. chief economist Robert Dan Roces said “domestic prices of basic goods and services are expected to have felt the benefits of a strong peso throughout the month, which made imported raw materials cheaper to buy.� Prices of food and non-alcoholic beverages were also lower last month, he added, noting that the “restrictions and resulting supply pressures in pork imports from African swine flu (ASF) high-risk countries might not have affected the index as much when these were offset by lower prices in oth-
er major foodstuffs, notably rice.� Electricity prices also went down in July as the Manila Electric Co. slashed rates by P0.107 per kilowatt hour in July — a downward adjustment from May’s P0.57/kWh — on the back of lower transmission charges for residential consumers. “Moreover, pump prices of gasoline went down with falling global prices due to fears of weakening demand and supply surplus,� Roces said, adding that the “price of Brent [was] already at [the] $63-per-barrel level from June’s $66.55 per barrel.� The report comes after the Philippine Statistics Authority (PSA) said early this month that consumer price growth in June eased from 3.2 percent in May, and was the lowest posted since August 2017’s 2.6 percent. Earlier, members of the interagency Development Budget
Budget Coordination Committee slashed this year’s inflation forecast to between 2.7 percent and 3.5 percent from between 3.0 and 4.0 percent. Budget department officer-incharge Janet Abuel said the lower projection was due to the government’s decisive steps to stabilize the general price level. “These include the full implementation of presidential directives issued last year to increase the food supply and the passage of the Rice Liberalization Act, which opened up the rice sector and helped bring rice prices down,� she added, referring to Republic Act 11203, which President Rodrigo Duterte signed on February 14. Inflation assumption for 2020 and 2022 remained at between 2.0 and 4.0 percent. The PSA will release official inflation data for July on August 6. n
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cover story The Asian Jour nal MDWK MAGAZINE - July 31, 2019
This Filipino chocolatier wants the Philippines to be known globally as a great source of chocolates about our chocolates, specially our brand,” he said. Summer Fancy Food Show IT was a sweet victory Before he became a 2019 for five Philippine chocolate chocolatier, Chua was in the CITEM, the marketing arm brands at the 2019 Academy of Information Technology (IT) Chocolate Awards in London field, working as a programmer of the Philippine Department of Trade and Industry culast June when they garnered a in Pittsburgh. While writing rated the list of ten companies, total of 24 awards across varisomething on the side about including Theo & Philo that ous categories. chocolates, he learned in his joined in this exhibition at the AuroChocolate (Davao), research that the Philippines Fancy Food Show. Dalareich Food Products is one of the few areas in the In the course of our in(Bohol), Malagos Agri-Ventures world where cocoa trees grew terview, a number of people Corporation (Davao), MS3Agri- and that inspired him to know passed by the booth and Ventures (Davao), and Theo more about it. and Philo Artisan Chocolates That was his “aha moment” complimented Philo for the beautiful packaging of the (Davao) impressed more than as he pondered on the single chocolates, and when they 100 expert judges who make origin chocolate bars that he tried some of the variants, they up the panel. This year’s board saw in stores and why there all expressed their hearty apof judges include leading was nothing like that from the chocolatiers and some of the Philippines when there’s plenty proval. Chua shared that he made UK’s most prominent food writ- of cacao over there. a conscious effort to come up ers and bloggers. History with a great product, and that These five brands bested After years of working in included beautiful, artsy and over a thousand entries from the United States, he eventuclose to 50 countries. Their ally returned to the Philippines classy packaging. “When I was younger, I was chocolates were judged not in 2007 and just after a couple just on the taste but were of years of trial and error there, into arts and design. Part of the thing that also attracted marked for appearance, depth he started Theo & Philo, makme here was you could express of aroma and flavor, length, ing premium artisanal chocoyour creativity not just with and complexity over a rigorlates. ous 25 session judging process “It became a hobby of mine the chocolates but also on the packaging,” Philo explained. over a three-month period. when we started,” he said, “From the get go, we really Theo & Philo, one of these laughing. “I really wanted to wanted to show something PH brands, made it to this go back home and maybe do different, so the flavor, the year’s Summer Fancy Food something with food, medyo packaging reflected that.” Show at the Jacob Javits Connagsawa na rin kasi ako sa IT.” Theo & Philo has been in vention Center where we had a He took a chance and existence for about nine years chance to chat with its founder gambled. now and year after year, it has Philo Chua. For the first time “If it failed, okay lang. At been pushing Philippine chocothis year, the Philippines had least I tried,” he said. late in the tough and highly a pavilion called Food PhilipFortunately for him, it pines. worked out, eventually. Theo & competitive global market. “We’ve been improving Philo became the first beanevery year, and the chocolate to-bar, single-origin chocolate industry in the Philippines has maker in the Philippines. been growing every year as Theo comes from theobrowell. We can see more imma cacao, which is the cacao provement, and more people tree’s scientific name. That, getting into the chocolate incombined with Philo, which dustry in the coming years,” he also means love in Greek (philos), and you get Theo & Philo, said. “The government is doing a very good job in promoting chocolate and love. the industry and the cacao inNow, his goal for Theo dustry is beginning to boom.” & Philo is for it to become a Chua considers making a global Filipino brand. “That is the ultimate dream, mark in the history of the chocolate world in the Philippines that when people think about The design of the chocolates as his biggest achievement in the Philippines, they also think the past nine years or so. They are the first one to do the “bean to bar” concept there, creating premium chocolate bars using only the local cacao beans. Looking back, he said he is happy that he was able to help start this particular movement of chocolate from the Philippines that can compete globally. Theo & Philo started back in 2010 with just two variants: 70% dark and milk chocolates. The other flavors came about during the Christmas Theo & Philo’s display at the Summer Fancy Food Show in New York. season the same year when AJPress photo by Momar G. Visaya they decided to make someby MoMar
G. Visaya / AJPress
Theo & Philo became the first bean-to-bar, singleorigin chocolate maker in the Philippines.
thing special for the holidays. They realized that people responded to their special flavors so they decided to continue them and make them a staple. He takes pride in saying that their chocolates are distinctively and Filipino, some of them inspired by classic Pinoy dishes and snacks such as adobo and turon. Now, they have about a dozen variants, including ginger & mint, black sesame and barako coffee. His personal favorite is the dark chocolate with calamansi and their bestseller is green mango & sea salt. “I am also proud of our adobo because it is something very unique,” he stated. The idea was to come up with an iconic Filipino flavor, so what could be more iconic than adobo, the Philippine national dish. Using soy sauce in chocolate was a bold step, something unheard of before, but Chua took the risk and it paid off. People gravitated towards this flavor because it is savory and sweet, like bacon and chocolate, and he realized that his clients are getting used to this kind of combination. “It’s not anymore as weird as before so we decided to give it a chance,” he quipped. Two of the variants that Chua mentioned (adobo and green mango & salt), along with their labuyo, cashew & pili and pili nuts & pinipig, were among the award winners at the 2019 Academy of Chocolate Awards in London,
Theo & Philo has about a dozen variants, such as adobo, dark chocolate with calamansi, and green mango & sea salt.
The chocolate company’s founder, Philo Chua.
considered the Oscar Awards for chocolates. Locally sourced Tony Meloto, in a speech he made in Boston about 15 years ago, talked about how Switzerland is most famous for their chocolates but they don’t produce a single cacao bean. He then asked, how is it that the Philippines, which produces a lot of cacao, is not able to come up with chocolate that could compete with other world class chocolates? “Exactly! That’s true. We’re the first one in Southeast Asia to have cacao because of the Manila-Acapulco Galleon Trade,” Chua exclaimed. Theo & Philo chocolates are all locally sourced from farmers in the Davao region of
AJPress photo by Momar G. Visaya
the Philippines, where majority of the cacao comes from. The company has been working with Gawad Kalinga communities through the years. They source their raw cacao and other ingredients from GK communities in the Malabog area of Davao province, helping provide a sustainable livelihood for farmers and others who work on the farm. “After being in the U.S. for seven years, I saw the stark contrast of how differently some Filipino people were living and how they could use help,” Chua told NetSuite in an interview. “Growing up and in school, I was always involved in organizations that helped people out, so it was a natural thing.”
Catriona opens up on dealing Donny: Yes, there’s life after DonKiss with recent ‘low moments’ forever.” I think many people don’t know you very well. Let’s talk UP to now, even with about your family. How much DonKiss gone (hopefully not for- are you like your mom (Maricel ever but for the meantime?), the Laxa) and how much like your ardent fans of Donny Pangilinan dad (Anthony Pangilinan)? and Kisses Delavin continue to “I am a mommy’s boy. I got shed tears, not quite above hurl- my physical features mainly from ing darts here and there while my mom. We are both naturally lamenting over what-mightintroverted as well. I think my have-been. Sadly, it’s Donny who personality though is a lot like is getting much of the “blame” my dad. Many of my friends who even as he claimed that he gave know my dad personally would “my very best” to the team-up. say that I act a lot like him, like But fans shouldn’t fret. Even my gestures and the way I talk. if Donny and Kisses are pursuing “My dad likes to compete different directions, big things as well, and he pushes himself are for sure waiting for them. to test his potential. I’ve seen Yes, there’s life after DonKiss. that in me, too. Both my parents Let’s get to know Donny bet- want to put God first, but admit ter in an exclusive post-DonKiss it isn’t always so. I think that’s interview. what I cherish the most, and I So now that DonKiss is hope I really embrace that for over, can you share about that always.” experience? How would you How were you and your Photo from Instagram/@catriona_gray now tag your relationship with siblings raised by your parKisses? ents? of bullying and bashing—on“I gave my very best to the “They raised us with love line and off. It is never, ever partnership, as Kisses herself and of course discipline. ‘Love okay to put someone down did. I think everyone saw that, and Logic,’ they call it. Stuff for the sake of ‘expressing solid fans and ‘ships,’ too. As my they learned over time. They your opinion.’” management and I have shared, were the right amount of ‘strict.’ After the Pacquiao-Thurit seemed like we had different Growing up was a roller-coaster man fight, a video of her expectations from the LT (Love ride because we were four and Narvacan mayor Chavit Team), and so projects ended siblings who all slept in the same Singson went viral as he was as Star Magic reviewed the room as kids. There were times caught falling asleep beside partnership.” when we’d all play and have fun, her. The moment has been When was the last time but there would also be times teased as Singson attempted you talked to Kisses, and how when we would fight and our a move on her, though he has would you now tag your relaparents had to step in. Well, apologized for it because he tionship with her? sometimes, they fought, too! was “jet-lagged.” President “I haven’t spoken to Kisses “We traveled a lot and Rodrigo Duterte has also recently…not sure how to tag did sports such as triathlon as weighed in on the video, to the situation at present, but a family. I am grateful for my which he said, “May the next my friendship with her will stay parents and siblings. We are not mission be accomplished.” by ricky Lo Philstar.com
by Niña
V. GuNo
Inquirer.net
CATRIONA Gray exudes light and positivity as Miss Universe 2018, but she confessed to experiencing “low moments” recently. The beauty queen said in an Instagram post on Monday, July 29: “It’s been a really challenging last couple of weeks, I’ve felt really low in my spirit. I just wanted to write this post to share that low moments happen to all of us.” Gray gave advice on dealing with situations in which she feels “down and overwhelmed”: “It helps to remind myself that the only person I can control is myself, to count all the things I have to be grateful for and to plan and look forward to the dawn of a new day.” She also left reassuring words to anyone facing tough times: “So if you’re feeling down in the dumps, you’re never alone. Situations and life are tough…but so are you. #KeepCalmAndLavaWalk.” Her latest Instagram post on Monday shows that she is rising above the negativity as she posted a picture of herself strutting on a New York crosswalk. To say Gray has a hectic work schedule would be an understatement. After her visit to the Philippines in June, she
Catriona Gray
headed to Thailand for the Miss Universe competition in the country. She then flew to New York where she keeps busy with photoshoots and promoting advocacies. On the weekend of July 20, she was in Las Vegas to fly the Philippine flag for boxing champion Manny Pacquiao’s fight against Keith Thurman. In July, she was hit with body-shaming comments from a Thai beauty queen. She did not directly address it, but when asked about the issue of body-shaming, she said on Twitter, “Obviously I stand firmly against any form
Donny Pangilinan
Photo from Instagram/@donny
a perfect family, but I would not trade them for the world. As my co-managers with Star Magic, my parents give my career a new dimension. We are constantly testing, redefining boundaries. Sometimes, we find ourselves in conflict. But in the end, I think the whole experience prunes us all.” How would you describe your showbiz journey so far (mention what you think are the “upside” and “downside” of showbiz)? “It has been a crazy ride so far. Obviously, there are plenty of ups and downs in showbiz just like almost all things in life. When I decided to jump into it, it shocked my parents because I was the last they expected to join, me being introvert and all. I am thankful for the breaks given to me to start my career. But breaks don’t make you, they only make you stronger. I worked and studied hard to get Continued on Page 4
The Asian Jour nal MDWK MAGAZINE - July 31, 2019
entertainment The Asian Jour nal MDWK MAGAZINE - July 31, 2019
Donny: Yes, there’s life after...
From Page 2 initial roles. My parents insisted I did my best, and it’s an ongoing thing.” Have you become comfortable with being a public figure? “Once you become a public figure, the more you’ll real-
ize that you really can’t please everyone. And that’s okay. It’s important to allow yourself to be sad. Most people see what’s onscreen and online, not backstage and discussions behind closed doors. Sometimes, you just want to tell people all, but you choose not to since you
will break trust, and hurt more hearts along the way. “I’ve learned a lot of lessons from my family through the many years we’ve been in showbiz. One of them is to focus on positivity. I am blessed to be given an amazing support system, and supporters that are there for me through thick and thin. I met a lot of new friends that I now call family, and experienced a number of new things that I never thought I’d ever get to do. Right now, it’s more of me improving my craft, and trying out new projects. I have a lot of things to work on. I want to be the best version of myself and by God’s grace, I am in process.” When did you realize that you are the son of a popular celebrity couple? “Growing up, I knew my parents were somewhat (popular) in the business. We shot commercials as a family when we were really young. I also used to go with my mom to her set and just observe. And we were often in interviews on TV, print and radio. But, one thing for sure, we were brought up just like other regular kids.” You and Kisses have been raised well, God-fearing and respectful. It’s a pity that your “LT” didn’t prosper. “But as I’ve said, my friendship will stay forever.” (Trivia: Donny is 21 and Kisses is 20. Both of them are engrossed in their studies, Donny at UP Open University taking up Multi-Media Studies and Kisses at La Salle taking up Accountancy. Also, they are too busy pursuing their goals to have time for love. Donny is NGSB [No Girlfriend Since Birth] and Kisses is NBSB [No Boyfriend Since Birth]. Sayang, they would have been a perfect match.) Like your parents, you are health-conscious. Let’s do a little “body talk” for a breather. What kind of diet do you follow? “Hahaha!!! I eat anything I want and all the McDo I can consume! I eat so much but never gain weight for some reason. I guess it’s a stage of growth and my metabolism. My dad went through it, too.”
SouthBay Pavilion in Carson gears up for second annual Travel, Trade and Consumer event Two-day event on Aug. 3 & 4 features an array of businesses, entertainment and activities
ALL roads will lead to the SouthBay Pavilion on Saturday and Sunday, Aug. 3-4 in Carson, California as industry players from both the U.S. and the Philippines are poised to participate as exhibitors and resource speakers at the second annual Travel, Trade and Consumer (TTC) expo. The TTC is a multi-zone event that is open to the public, who can freely explore exhibitor booths throughout the mall, attend informational business talks and seminars, and discover Filipino food items and other products. Confirmed exhibitors include Philippine Foodtrade Corporation, the makers of the Tropics Brand of food items and groceries; SMDC Realty, Megaworld, International Package Shipping, AE & Associates, LLC: Health Information Management and Medical Record Coding, and PNB Remittance Centers, Inc. EC Ferrer Customs Broker and Asia Pacific Container Line Inc. facilitated the arrival of goods from the Philippines, including Nutridense’s Rice Mongo Curls. EC Ferrer is also spearheading Import/Export, Procurement and Fulfillment at the B2B Area on Saturday, August 3. Also participating are the Philippine Department of Trade and Investment Center in Los Angeles led by Trade Commissioner Eric Elnar, Planet 63, Filipino American Chamber of Commerce of Greater LA, the Coalition of Filipino American Chambers of Commerce, and Auntie Dees’ Pan De Manila. More Speakers for B2B on August 4 Ferdinand Soriano has been a TTC Business Consultant since its inception. This year, Soriano will speak on marketing products and services to meet global standards. Soriano is focused on consistently improving valued skills as an Event Marketer and Organizer. He is a Product Presenter/Speaker, Social Media Marketer, Relationship Builder, and Business Development Analyst. He also works in Logistics Management, Product Procurement and Fulfillment. Ellen Samson, the current President of the Filipino American Chamber of Commerce of Greater Los Angeles, is one of the dynamic founding board of directors of the Coalition of Filipino American Chambers of Commerce. She is a successful businesswoman herself, as an owner of American Geriatric, which provides health coordination, professional caregiving and family dynamic support services to families of seniors faced with progressing health and memory problems. In pursuing her business, Samson realized the power of working with a Chamber network. She will discuss how to get the most out of a Chamber of Commerce. Katherine Bercasio is an accomplished and indefatigable graphic designer and visual strategist whose works have left an indelible imprint across the globe. She began her career in the Philippines, designing the local editions of Cosmopolitan and Maxim mag-
AJPress photos by Andy Tecson
azines, and as Art and Creative Director for Summit Media and ABS-CBN. Bercasio will speak on strategies for visual impact that she has effectively uses to help businesses develop their image and branding. Redy Babasa-Thompson is a Business Loan Officer at the Pacific Asian Consortium in Employment (PACE). He specializes in Commercial and Consumer Lending, and SBA 7a & 504 Loan Programs. He will help demystify applying for business loans, and proved information on what programs are available for business owners, and how to qualify for them. Entertainment Straight from Bacolod, MassKara Festival dancers will delight the crowd with a festive dance to bring a
piece of the Philippines to Carson. Local artists will be also gracing the stage at the Atrium including the Love of Country Ambassadors, the Union Band, who specializes in danceable Original Pilipino Music, rock vocalist Malou Toler, and up and coming Kim Pidazo, who will be one of the front acts in Martin Nievera and Pops Fernandez’s highly anticipated reunion concert tour, “TwoGether Again” in at the Palace Theatre in Los Angeles on August 10. During the two days, attendees can expect a schedule of activities, including the raffle of a Philippine Airlines roundtrip ticket from LA to Manila. For more information about the TTC on Aug. 3 and 4, visit www.traveltradeconsumer.com.
James gives update on movie with Nadine by Jan
Milo Severo Philstar.com
JAMES Reid had said that he does not have an idea why on- and off-screen partner Nadine Lustre backed out from her Metro Manila Film Festival movie “Miracle in Cell No. 7” with Aga Muhlach. In an interview with the media during the launch of “Iwas BUWIS-it” book where he and Boy Abunda were the ambassadors, James said he was not sure about the reason behind Nadine’s decision. “Actually, I have no idea. Sorry. I’m not sure what’s the reason was,” James said. He also said that their upcoming movie together was “put on hold.” James also backed out from his role in the upcoming movie “Pedro Penduko.” “I had injury during the training,” James briefly said. Viva co-founder Vincent Del Rosario reportedly said that
James Reid with Nadine Lustre
Nadine quit from the project because of medical concerns. “Miss Lustre has begged off the project due to medical concerns and her resulting inability to perform her duties as an actress during the shoot up to the promotion of the film,” the Viva executive said in a letter he wrote for the MMFF committee.
Philstar.com photo by Kat Leandicho
MMFF has reportedly approved Kapamilya actress Bela Padilla as replacement for Nadine. “We believe that Bela Padilla is an excellent actress and a bankable star and she will significantly contribute to the film’s artistry and commercial success,” MMFF said in a statement.
How to obtain custody and visitation rights for unmarried dads 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 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
Barrister’s Corner Atty. Kenneth UrsUA reyes 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 with n 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
Senior with $60K credit cards wants debt relief Debt Relief
Atty. LAwrence yAng THE client is a 70-year-old widow who lost her beloved husband five years ago. She owns a house with a reverse mortgage of half a million, which she took when her husband died. The mortgage accumulates at the rate of $2,000 a month or $24,000 a year. You can keep the balance from increasing if you pay the interest portion only every month. The client did not pay any mortgage payment for the last five years so the reverse mortgage balance has ballooned to $500,000. She can live in the house until she dies even if she hasn’t paid any mortgage from the time she took the reverse mortgage until death. So it lets you live in the house until you are gone without having to pay anything but the mortgage balance goes up every month by the amount of mortgage payment due. Of course, it can eat up even a large equity by the passage of time. This works for many seniors since you can’t bring anything with you to heaven when you die, right. You don’t need a house in heaven because Jesus has prepared a mansion for each one of us there. However, the client is still alive and kicking and beset with credit card problems of $60,000. She pays at least $1,500 a month to keep these cards current. What is her income now at 70? Social security gives her $1,900. And she has a pension of $200 from a previous employer. Her total income is $2,100. She doesn’t have to pay rent or mortgage since she is on a reverse mortgage. Her total living expenses is $1,600. So if you add $1,500 a month for minimum credit card payments to living expenses without rent or mortgage of $1,600, total income needed to meet credit card payments
and living expenses is $3,100. But her income is only $2,100. So she is upside down by $1,000. If she discharges the $60,000 of credit cards, she will free herself of $1,500 a month and her $2,100 income can easily pay her $1,600 of living expenses. Without credit card debt she would still be saving $500 a month! It’s clearly to her benefit to get a Chapter 7 discharge of the $60,000 credit cards now. However, if the current fair market value of her house is such that her equity is a lot more than $175,000, even if she is on a reverse mortgage, she would be better off with a Chapter 13 so as to eliminate any risk of having a problem with a Chapter 7 trustee that would be wanting to sell her house even if her house is on a reverse mortgage. This client’s case needs a novel approach but definitely, she needs immediate debt relief from $60,000 of credit card debt. Chapter 7 trustee stipulates to dismiss adversary against client before trial Client no. 2 is a foreign company that has been supplying a California company with merchandise for eight years on open account. The client gave the company a line of credit of $2 million for the purchase of their product. The company lost a major lawsuit and was forced to file for bankruptcy, leaving the client holding the bag for $300,000. A Chapter 7 trustee filed an adversary complaint against the client for $80,000, representing a preferential payment by the company to the client 90 days before the company filed for bankruptcy. Under bankruptcy law, the trustee can get the $80,000 back from the client; unless the client can prove that ‘new or contemporaneous value,’ was given by the client for the $80,000 This adversary case against client adds insult to injury. The client is already owed $300,000 by the company and here comes the trustee who wants to get the $80,000 that was paid to the client 90 days before the company filed for bankruptcy. It’s like a horror Continued on Page 6
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 child’s birth. In addition, only persons with standing can bring Continued on Page 6
community 5 The Asian Jour nal MDWK MAGAZINE - July 31, 2019
Once upon a time series...
Immigrant Living: 101 and Beyond
Damaris and the peach tree
Monette AdevA MAgLAyA DAMARIS and her husband, Tom, prayed the rosary together everyday at the same early evening hour after dinner. It wasn’t always their routine but when their son, Henry, was deployed overseas during the war on terror in the Middle East as a young marine on the front lines, they found that prayers brought an unbelievable measure of comfort, protection and peace. And so, prayer time became a daily date with God the couple kept as regular as breathing itself. On the upside, the daily prayer kept the couple close and in synch with the seasons. Prayer was always a lifeline for them, a direct line to God. Damaris’ love for her husband, her son and his wife and everyone in her family grew beyond measure. Damaris was a name plucked by her mother from the Bible for her when she was born. She was the sixth of seven sisters and each one of them had biblical names. Growing up, she didn’t
like her name at first but then when she realized that Damaris was one of the courageous, early women followers of Christ when it wasn’t safe nor expedient to be one, she grew to love the name her mother gave her and her faith blossomed. Though tiny in physical stature, Damaris was larger than life. She was a pint-sized battle axe.
ready immaculate home. Generally, she was a happy camper as she saw the magic and miracle of very simple days. But these days, a nagging feeling of unease gnawed at her. She noticed that her son has been showing signs of straying from the faith. It was gradual but the slide was certain. No longer did he go to mass. Faith wasn’t so important at all to Henry these days. He seems to be toying with darkness. Damaris sought to raise him right in the eyes of God. Somehow during his teen years, he had friends who influenced him about his life’s choices and the unwanted change happened. And there was nothing they could do about it. His mind and his ears were closed off to any talk about the matter. Hubris had taken over and Henry’s heart hardened. Henry felt he is now a grown man and surely he could do what he wanted. Sometimes, her tears would fall at the helplessness of it all. The old tried and tested pattern of showing the young ones the important things of life didn’t hold true anymore against the Continued on Page 6
“ Bend the stubborn heart and will... Melt the frozen, warm the chill; Guide the steps that go astray” — Veni Sancte Spiritus When she puts her mind to anything, she got it done— like a mini-General Patton without the bluster and the cussing. She placed herself last in most things. Thoughtful, kind and considerate, she made it her life’s work to share the gifts she and her husband were blessed with to as many people around their orbit. She took none of the credit. Rarely did a cuss word slipped out of her lips, except perhaps when she stubs her toes or grazes her knuckles while scrubbing some imagined grime on her al-
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Is filing bankruptcy necessary for your situation?
The Asian Jour nal MDWK MAGAZINE - July 31, 2019
Once upon a time series...
From Page 5 unrelenting deluge of liberal, popular, devil-may-care, disposable culture that washed over his son and many in his generation. Somehow the things that Damaris thought truly mattered, like love, faith, respect, kindness, fidelity and hope didn’t matter any more. And so over the years, her son who used to worship the ground she walked on when he was a kid became cold and distant like a stranger. On occasion, he talked with his father. He would call when he needed them of course for some reason or other. And each time, she responded with kindness and quiet generosity. Through it all Damaris held fast. She showed quiet acceptance. “Surely, there is more that I can do than wallow in my own heartache,” she thought. She doubled down on her prayers — not just prayers she learned by rote as a child in the parochial school she attended, but real, back and forth conversations with God whom she felt was so near she could hear him breathe. She was a devout Marian as well, believing that as the Mother of God, Mama Mary understood her pain and interceded on her behalf. There seemed to be a groundswell within her for the steady flow of goodness that emanated from her small life on a daily basis. She discovered ways to make her life, that of her husband and those around her meaningful and dynamic. Gratitude washed over her. Though dark clouds seemed to hover in the horizon, her days were filled with sunshine and hope. In the small garden that she
and her husband, Tom, tended at the back of their house, there was a peach tree that didn’t seem to grow right. It never bore fruit and year after year, they waited. If anything, Damaris thought, it provided a little shade for the birds to shelter in. She hung a cute birdhouse in one of the branches and enjoyed hours of solitude sitting under its shade. Through the dance of the seasons of blistering heat and dryness and of glorious rains and rainbows that followed, Damaris and Tom continued to nurture the little peach tree. They watered it, pruned it and fertilized it, tweaking their methods by looking it up on the internet and asking the gardeners at the local nursery. Still nothing. . . Then one ordinary day, she saw blooms on the tree, hundreds of them, and before long —lo and behold— there grew a wild abundance of plump, fuzzy sweet peaches they gleefully harvested and gladly shared with friends and neighbors. The garden burst to life together with the peach tree. One summer day while sipping cold lemonade under the shade of the peach tree, her cellphone rang. It was her son. “Hi Henry, what’s up, son?” she greeted him warmly and casually adapting to his usual lingo. She expected him to ask for his dad as he always did when he called. But this time he didn’t. He seemed light-hearted as he regaled her of the goings-on in his now married life in the military. Damaris listened intently. Somehow Henry sounded different. Then, after a long pause and without preamble, Henry
EMPLOYMENT
company 90 days before it filed for bankruptcy. But I received counsel’s advise that the trustee is now willing to stipulate to dismiss the adversary complaint against the client. That’s good news for the client and myself. I certainly hope that the N. Korea situation ends up favorably like my client’s case. I pray cooler heads prevail and the dogs of war are not let loose. If you need debt relief, set an
Minding Your Finances
said, his voice unsteady and his speech halting, “Mom, if I haven’t told you lately, I love you. I love you and Dad so much. I realize I haven’t been much of a son for so long but there’s still time right? I’ve seen so much and I know now that there is no one like you and Dad in all the world. I took you and Dad for granted. Please forgive me, Mom. I know I should do this in person but I am afraid that I might lose the courage. Or worse, I may not have time.” Damaris froze in stunned silence. “Mom, are you still there? Henry asked. She couldn’t speak for she was in tears and when she did, her voice cracked with deep emotion. “Henry, I love you son, more than you’ll ever know.” She knew it took a lot of courage for Henry to do what he just did. Damaris knew too, without a doubt, that God has a direct hand in this. Her heart overflowed with gratitude for the miracle that just happened. Then Henry said with laughter in his voice, “I’ve got some great news for you and Dad. Drumroll please…. You’ll be grandparents in about eight months.” Then he added, “Mom, we’d like to raise the baby the way you and Dad raised me. Please pray for us.” Damaris smiled sniffling and scrounging in her pocket for From Page 5 a tissue to wipe her tears, “Al- this motion which is limited to the husband, child, mother and ways, son, always……” a presumed father as listed in *** Family Code 7611 and 7612. Even absent a recognized reNota Bene: Monette Adeva Maglaya is SVP of Asian Journal Publications, Inc. buttal, the court has discretion To send comments, e-mail monette. as a matter of due process not to apply 7540 conclusive presumpmaglaya@asianjournalinc.com tion of paternity when it would not further the statute’s underlying policies of preserving the integrity and stability of an extant appointment to see me. I will marital family, protecting children from the stigma of “illegitianalyze your case personally. macy,” and promoting individual *** Lawrence Bautista Yang specializes in rather than State responsibility bankruptcy, business, real estate and for child support ... as where the civil litigation and has successfully ostensible 7540 presumptive farepresented more than five thousand ther never developed a parental clients in California. Please call Angie, relationship with the child and Barbara or Jess at (626) 284-1142 for the only established parent-child an appointment at 1000 S. Fremont relationship is with a third perAve, Mailstop 58, Building A-1 Suite 1125, son. Brian C. v. Ginger K. (2000) 77 CA4th 1198, 1200–1201, 92 Alhambra, CA 91803. (Advertising Supplement) CR2d 294, 296; In re Kiana A.
(2001) 93 CA4th 1109, 1115, 113 CR2d 669, 675. 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
EMPLOYMENT
EMPLOYMENT
Atty. RAymond BulAon tion also comes from well-meaning friends who don’t know anything about what you are going through. So what often happens is that people who need help so badly end up doing NOTHING for fear of making a mistake.
evaluated by an experienced and knowledgeable attorney who can help you understand legal options that perhaps you didn’t even know existed. By doing this, you can be more pro-active in finding a solution instead of being reactive and just waiting for things to happen. Debt problems often do not go away on their own, unless you take action. As a bankruptcy attorney, I always see people who have been stuck in their financial suffering for years because of their inaction- when they could have acted much sooner before draining all their financial resources. Remember that there is no shame in filing bankruptcy if that is the only solution you have left after trying to do everything on your own with no success. That is what the federal bankruptcy laws are forto help people who can no longer help themselves. For a free attorney consultation, call Toll-Free 1-866-477-7772. We have offices in Glendale, Cerritos and Valencia.
“ Sadly, some of this misinformation also comes from well-meaning friends who don’t know anything about what you are going through.” Don’t get me wrong. Bankruptcy is not the solution to every debt problem. But before you come to that conclusion, you should at least find out what other options exist so that you can find the strategy that works for you. Again, the important thing to remember is that no one solution fits every situation. Your financial situation should be carefully
*** None of the information herein is intended to give legal advice for any specific situation. Atty. Ray Bulaon has successfully helped thousands of clients in getting out of debt. For a free attorney evaluation of your situation, please call Ray Bulaon Law Offices at TOLL FREE 1 (866) 477-7772.
How to obtain custody and visitation...
Senior with $60K credit cards...
From Page 5 story. This would definitely push N. Korea to let their missiles with miniature nuclear bombs fly off over the Pacific Ocean into the office of the Chapter 7 trustee, wouldn’t it? I was all prepared for the trial this month after giving all the client’s evidence to the lawyer of the trustee to prove that the client did indeed supply “new or contemporaneous value” to the
MANY people find themselves facing overwhelming debt, with constant calls from creditors and no obvious way out. For some, a job a loss sent them into a downward spiral and they are now unable to pay their bills and meet their responsibilities. For others, a recent divorce, business losses, disability or a costly medical emergency drained their resources, leaving them in a very vulnerable financial situation. There are a multitude of reasons why people end up being stuck in debt that they can’t pay back. Whatever those reasons might be, you need help- and you need it fast. Why? The reason is that most of the time, the sooner you act in solving the problem, the more options you will have. But if you wait until things get ugly, important legal rights may be lost especially if you have a job, own a home, other real property or other assets. Bankruptcy can oftentimes be used as a tool to help you get back on your feet before things get out of control. Unfortunately, however, a lot of people are fed all kinds of misinformation about bankruptcy. They may have heard that bankruptcy will only make their situation worse and/or that if they do file bankruptcy, it will take them forever to rebuild their credit. Sadly, some of this misinforma-
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 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, P.C. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail “mailto: kenneth@kenreyeslaw.com” kenneth@ kenreyeslaw.com or visit our website at Kenreyeslaw.com (Advertising Supplement)
The Asian Jour nal MDWK MAGAZINE - July 31, 2019
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The Asian Jour nal MDWK MAGAZINE - July 31, 2019