NOVEMBER 21-24, 2020 Volume 30 - No. 92 • 2 Sections – 18 Pages
DATELINE
USA
FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
Leaders, researchers discuss outreach, advocacy of AAPI electorate beyond 2020 IN a year marked by strife and struggle, the 2020 election stands out as a key learning experience in racially and ethnically inclusive outreach and visibility. Across all races, a politically diverse fellowship of Asian Americans and Pacific Islander (AAPI) candidates, operatives and community advocates came to the fore demanding a political and legislative landscape that better represents the growing AAPI community. A product of one of the most devastating modern health crises, the 2020 election was simultaneously unusual and pivotal. In a webinar hosted by the Center for Asian Americans United for Self Empowerment (CAUSE) on Thursday, Nov. 19, AAPI community leaders came together to unpack the preliminary polling that measured the behaviors and attitudes of the AAPI electorate. “We experienced record turnout across the country and we, of course, had to vote under COVID-19 so we also had to shift gears, mov-
Most of California goes under limited curfew to curb COVID-19 by AJPRESS
AS Los Angeles County’s curfew limiting nonessential activities after 10 p.m. began on Friday night, the state imposed a limited stay-at-home order for certain counties starting Saturday, November 21 to
help slow the spread of COVID-19. Earlier this week, LA County officials said that beginning Friday, Nov. 20, nonessential businesses like restaurants, bars, and retail stores must be closed from 10 p.m. to 6 a.m. They must also adhere to a 25% maximum capacity for indoor businesses
PH sees P90-B economic loss from recent typhoons by RITCHEL
MENDIOLA AJPress
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Fear of flying is a COVID-era conundrum
THE holidays are approaching just as COVID-19 case rates nationwide are increasing at a record-breaking pace, leading to dire warnings from public health experts. The Centers for Disease Control and Prevention has issued cautions and updated guidelines related to family gatherings. Dr. Anthony Fauci, a White House coronavirus adviser and director of the National Institute of Allergy and Infectious Diseases, said in interviews that his kids won’t be coming home for Thanksgiving because of coronavirus risks. “Relatives getting on a plane, being exposed in an airport,” he told CBS News. “And then walking in the door and saying ‘Happy Thanksgiving’ — that you have to be concerned about.” Are Americans listening? Maybe not. Especially as airlines, reeling from major revenue blows since the pandemic took hold in March, tell passengers they can travel with peace of mind and sweeten the deal with special holiday fares. The airlines argue more is now known about the virus and recent industry-sponsored stud-
and 50% capacity for outdoor. County officials said that if more than 4,500 cases happen in a five-day period and hospitalizations reach 1,750 patients, all outdoor dining will temporarily shut down. u PAGE A2
SAVE OUR YOUTH. Members of the League of Parents of the Philippines (LPP), Hands Off Our Children, Liga Independencia Pilipinas (LIPI), NGO’s from the Kabalikat ID, and various sectors hold a rally at the Commission on Human Rights (CHR) compound, Quezon City on Thursday, November 19. They called on CHR to file a case against the Communist Party of the Philippines-New People’s Army-National Democratic Front for the exploitation and recruitment of the youth into the communist movement. PNA photo by Robert Oswald P. Alfiler
THE damage caused by the recent typhoons in the Philippines could result in an estimated loss of P90 billion in the country’s gross domestic product (GDP), the National Economic and Development Authority (NEDA) said on Wednesday, November 18. “I think our initial estimate is that it will shed off something like a 0.15 percentage point to the full year. But again, like I said, it is a very initial estimate. It will have to be updated once we get updates from the ground,” NEDA Undersecretary Rosemarie Edillon said in a virtual presser. “In peso terms... I don’t have the exact amount but it will be something like P90 billion,” she added. Edillon noted that the damage caused by Typhoon Ulysses, which caused Metro Manila’s worst flooding in recent years, was still lower compared to the damage caused by Typhoon Ondoy in 2009. “Right now we are seeing that the impact is actually a bit less than the impact of (Typhoon) Ondoy and we think it’s really because in areas like Marikina, we see that the flood actually subsided more quickly than during Ondoy,” she said. u PAGE A2
Trump attends APEC summit, joins leaders in free trade pledge by RITCHEL
MENDIOLA AJPress
UNITED States President Donald Trump on Friday, November 20, attended a virtual summit of Asia Pacific leaders to discuss how to support the global economy battered by the COVID-19 pandemic. The Asia-Pacific Economic Cooperation (APEC) gathering, hosted by Malaysia this year, was attended by leaders of 21 Pacific Rim economies who vowed to use “all available policy tools” to fight the pandemic. “The COVID-19 pandemic has had a lasting impact on the way we view trade and
economic priorities within Apec,” said Malaysian Prime Minister Muhyiddin Yassin in his opening remarks. “We need to trade and invest our way out of the current economic downturn. We must come together and work constructively towards navigating the region along a path of robust, inclusive and sustainable economic recovery and growth,” he added. The APEC leaders pledged to “facilitate the movement of essential goods and services, as well as the essential movement of Philippine President Rodrigo Duterte people in a safe manner,” as well as support the ongoing efforts to reform the World u PAGE A2
Malacañang photo by Norman Alonzo
Duterte approves advance payments, emergency use of COVID-19 vaccines Ambassador Romualdez: The alliance between PH and US is very strong u PAGE A4
by RITCHEL
MENDIOLA AJPress
Philippine Ambassador to the United States Jose Manuel Romualdez Philstar.com file photo
PHILIPPINE Ambassador to the United States Jose Manuel Romualdez on Tuesday, November 17, affirmed the strong ties between the Philippines and the United States. During a virtual event hosted by the Los Angeles World Affairs Council, Romualdez noted that the Philippines and the U.S. have one of the oldest military alliances in the Asia Pacific region. “The PH and the U.S. enjoy one of the oldest military alliances in the Asia Pacific, stretching back since 1951. We have the mutual defense treaty, the secure and defense cooperation which remains the cornerstone of our bilateral relations, also our friendship with the U.S. spans decades of cooperation, encouraging strong historical, cultural, and
economic ties,” he said. “Our shared history in culture connects our two governments, the economies, and of course our people-to-people ties,” he added. Romualdez also said Philippine President Rodrigo Duterte is looking forward to working with President-elect Joe Biden and fortifying the “many comprehensive ties” that the Philippines and the U.S. have between them. “President Duterte conveyed his warmest congratulations and we assured (Biden) of the Philippines’ commitment to continue building on a strong, open, stable, and prosperous Indo-Pacific region,” the envoy said. Romualdez stressed that the relationship between the Philippines and the U.S. will remain strong no matter the president. “The alliance between our two counu PAGE A3
By AJPRESS
PHILIPPINE President Rodrigo Duterte has allowed the government to make advance payments for coronavirus vaccines, Malacañang announced on Thursday, November 19. Presidential Spokesperson Harry Roque said Duterte accepted the proposal of vaccine czar Carlito Galvez Jr. to enter into advance market commitments with private vaccine developers and release advance payments to secure vaccines for Filipinos. “Kasi kapag hindi po tayo pumayag, baka mangulelat doon sa mga bansa na makakuha ng vaccines (If we didn’t agree to this, we might be left behind compared to other countries who will
be getting the vaccines),” Roque said. Recently, pharmaceutical firms Pfizer and Moderna reported their respective vaccines to have 95% and 94.5% efficacy following trials. Duterte previously rejected paying in advance for the vaccines, but changed his mind when he saw the list of countries that paid in advance. “Alam ko po noong una ayaw ni Presidente ‘yan, pero noong nakuha po niya yung listahan ng mga bansang nag-a-advance payment, hindi naman tayo magpapahuli (I know the president was against it at first, but when he saw the list of countries paying in advance, we cannot allow that we will be left behind),” Roque said. u PAGE A2
A NOvemBer 21-24, 2020 • LA WeeKeND ASIAN JOUrNAL
Trump attends APEC...
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Trade Organization (WTO). They also adopted the APEC Putrajaya Vision 2040, which replaced the 1994 Bogor Goals. The bloc’s new long-term blueprint envisions “an open, dynamic, resilient and peaceful Asia-Pacific community by 2040, for the prosperity of all our people and future generations.” The summit was held after 15 Asia-Pacific countries, includ-
ing China and Japan signed the world’s largest free trade agreement, the Regional Comprehensive Economic Partnership, which will facilitate the flow of goods and services and lower barriers to investment. “Amidst a risk of inward-looking temptations in the face of the slump of the global economy, making rules for a free and fair global economy is critically important,” Japanese Prime Minis-
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From the Front Page
Most of California goes under...
ter Yoshihide Suga said Sunday. “While continuing to promote WTO reform, Japan will aspire for the Free Trade Area of the PAGE A1 ange, San Bernardino, Riverside Asia-Pacific,” he added. Following the county, Gov- and San Diego. Leaders who attended the ernor Gavin Newsom and the The state’s order will take efAPEC summit include Suga, Chi- California Department of Public fect at 10 p.m. Saturday, Novemnese President Xi Jinping, Philip- Health (CDPH) on Thursday, No- ber 21 and remain in effect until pine President Rodrigo Duterte, vember 19, issued an order that 5 a.m. December 21. This is the Russian President Vladamir Pu- generally non-essential work, same as the March stay at home tin, and Canadian Prime Minister movement and gatherings must order, but applied only between Justin Trudeau. stop between 10 p.m. and 5 a.m. 10 p.m. and 5 a.m. and only in Trump’s attendance marked in counties in the purple tier, the purple tier counties that are seethe first time he appeared on the most restrictive level in the state’s ing the highest rates of positive global stage after losing the U.S. reopening plan. cases and hospitalizations. presidential election to Democrat This limited Stay at Home OrThis comes as the state hit Joe Biden earlier this November. 1.072 million positive cases der is designed to reduce opporHe was the only leader who and 18,557 deaths as of Friday. tunities for disease transmission. refused to use the official APEC LA County confirmed 35 deaths Activities conducted during 10 backdrop which featured the and 4,272 new cases, bringing p.m. to 5 a.m. are often non-esenormous, green-domed Malay- the total to 357,451 infections sential and more likely related to sian prime minister’s office. and 7,396 fatalities. The day be- social activities and gatherings Trump also delivered a speech fore, the county hit 5,031 new that have a higher likelihood of to fellow leaders but it was not cases of COVID-19, the highest leading to reduced inhibition and made available to the media. n number of daily cases it has re- reduced likelihood for adherence to safety measures like wearing corded since march. “The virus is spreading at a a face covering and maintaining pace we haven’t seen since the physical distance. “We know from our stay-atstart of this pandemic and the next several days and weeks will home order this spring, which be critical to stop the surge. We flattened the curve in California, are sounding the alarm,” New- that reducing the movement and som said in a statement. “It is mixing of individuals dramaticalcrucial that we act to decrease ly decreases COVID-19 spread, PAGE A1 transmission and slow hospital- hospitalizations, and deaths,” “Basta meron naman tayong izations before the death count said California Health and Hupondo. Kung kinakailangan ibensurges. We’ve done it before and man Services Secretary Dr. Mark ta mga ari-arian ng gobyerno, Ghaly. “We may need to take we must do it again.” gagawin niya ‘yan (As long as we The curfew applies to 41 of the more stringent actions if we are have the funds. If we have to sell 58 counties, where around 94% unable to flatten the curve quickgovernment assets, he will do it),” of Californians live. These include ly. Taking these hard, temporary he added. Sacramento, Fresno, Ventura, actions now could help prevent The Government Procurement Santa Barbara, Los Angeles, Or- future shutdowns.” Reform Act prohibits Philippine authorities or agencies to buy items that have yet to be produced without the president’s approval. Its implementing rules and regulations stated that advance PAGE A1 she added. payments may only be made after The NEDA official also said During the third quarter of the the President’s approval and will that some recovery in spending year, the Philippines’ GDP connot exceed 15% of the contract amount, unless otherwise direct- could happen in the last quarter tracted by 11.5 percent as the of the year due to the gradual re- country continued to feel the imed by the President. Local firms have committed to opening of the economy as well pact of the COVID-19 pandemic. This resulted in a year-to-date buying doses of the vaccine and as loosening of the restrictions donating 50 to 80 percent of these enforced by the government to economic growth that averaged to the government for distribution mitigate the spread of COVID-19. at -10 percent. “It will still be challenging Edillon assured that the govamong the poor. because we still want people to ernment will remain fiscally pruRoque also said Duterte has approved the suggestion to allow the practice social distancing,” she dent in its crisis response while reviving the economy. Food and Drug Administration to said. “If you are talking about a year“We still want to maintain fisacknowledge Emergency Use Auon-year growth, then it would still cal prudence because as you thorizations (EUAs) acquired by foreign vaccine developers from be much lower than what we had know, if you stock up on borrowlast year because last year we ing, then it will be the next gentheir own governments. Once an executive order is is- didn’t have the COVID-19. But I eration who will be paying for it, sued, vaccines can be used locally suppose with respect to a quar- so we are being very prudent and after 21 days, cutting down the ter-on-quarter, then hopefully very strategic about all this,” she current six-month requirement it will be an improvement and said. that’s also what we hope to see,” “It’s really about making sure for verification. n
Duterte approves advance payments, emergency use...
COVID-19 case rates increased by approximately 50% in California during the first week of November. As a result, Governor Newsom and California’s public health officials have announced a list of measures to protect Californians and the state’s health care system, which could experience an unprecedented surge if cases continue their steep climb. On Monday, November 16 the state pulled an emergency brake in the Blueprint for a Safer Economy putting more than 94% of California’s population in the most restrictive tier. The state will reassess data continuously and move more counties back into a more restrictive tier, if necessary. California is also strengthening its face covering guidance to require individuals to wear a mask whenever outside their home, with limited exceptions. Late last week, the state issued a travel advisory, along with Oregon and Washington, urging people entering the state or returning home from travel outside the state to self-quarantine to slow the spread of the virus. The travel advisory urges against nonessential out-of-state travel, asks people to self-quarantine for 14 days after arriving from another state or country, and encourages residents to stay local. n
PH sees P90-B economic loss from recent... that we may use up all the tools that are available there so it doesn’t have to be all the fiscal measures,” she added. Meanwhile, Finance Secretary Carlos G. Dominguez III said the government’s fiscal response remains on track. In a separate statement, he said: “What we are really facing is a problem of people’s confidence in the system. No matter what fiscal response you have, if you don’t have confidence, no one is going to spend. So essentially, we are looking at increasing people’s confidence in not getting sick and making sure that they understand that the health infrastructure of the government can support whoever gets sick.” n
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LA WEEKEND ASIAN JOURNAL • NOvEmBER 21-24, 2020
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Nat’l coalition launches ‘Get Covered 2021’ Ambassador Romualdez: The alliance between... urging America to mask up, get insured PAGE A1
SACRAMENTO – On Thursday, November 19, a broad coalition of states, consumer and patient groups, and health care providers from across the country launched “Get Covered 2021,” a new national initiative designed to help uninsured Americans enroll into health insurance and promote COVID-19 safe practices. As part of the Thursday launch, Get Covered 2021 announced tools and information available through a new website www.GetCovered2021.org, where Americans will be connected to their state or federal marketplace to enroll immediately in coverage provided through the Affordable Care Act. Get Covered 2021 is cochaired by Get America Covered Co-Founder Joshua Peck, Kentucky Cabinet for Health and Family Services Deputy Secretary Carrie Banahan, and Covered California Executive Director Peter V. Lee. “COVID focused everyone’s attention on the need for access
to health care. Without comprehensive, high-quality, and affordable coverage, care for COVID or anything else can be out of reach for millions of people in this country,” Peck said. “COVID underscores why getting covered matters but not just because of the pandemic. Coverage is much more affordable than people think, with millions of consumers qualifying for plans that cost them zero dollars per month. Anyone who wants insurance should visit GetCovered2021.org, shop around, and find the option that is right for them. Together, let’s mask up, get covered, and ensure Americans have the health care they need when they need it the most.” Current data shows that of the 28 million Americans currently uninsured, more than half of them – over 16 million – are eligible for financial help to pay for their health insurance costs or for free coverage through Medicaid. With the President-elect committing to build on the progress made under the Affordable Care
Act, Get Covered 2021 is focused on the 16 million who are eligible right now financial help to lower their health insurance costs. Of those eligible for financial help, 6.7 million are eligible for free or very low-cost coverage through their state’s Medicaid program and 9.2 million are eligible for financial assistance through their state or the federal insurance marketplace. Currently among those enrolled with coverage through marketplaces, 86 percent receive financial assistance and the average monthly help per household is $742 – covering 85 percent of the total premium -- leaving the average household responsible for less than $130 per month in premium costs. The Get Covered 2021 initiative is supported by elected officials, national health leaders, health care providers, and celebrities committed to raising awareness of the inextricable link between health and coverage, and that financial help is u PAGE A4
Learning from 2020: AAPI leaders, researchers... PAGE A1 ing in large part to mail-in ballots across the country,” said Manju Kulkarni, executive director of Asian Pacific Policy and Planning Council (A3PCON), a leading advocate organization that has tracked the anti-Asian sentiments (and politicians’ attitudes thereof) amid COVID-19. “We understand that like their fellow citizens, [Asian and Pacific Islanders] cast votes in record numbers exceeding the number of votes in 2016 and 2018,” Kulkarni added. In the research area of ethnic voting blocs in the United States, AAPI visibility is scant. Mainstream media regularly disaggregates voter groups by race, but too often the AAPI community is either unrecognized — often labeled as “other races” — or ignored entirely. According to the U.S. Census Bureau (not counting the latest census count), the AAPI community represents 6% of the overall U.S. population, and according to longstanding projections, that will double by the year 2040. When it comes to the attitudes of AAPI voters this past election cycle, President Donald Trump played a huge role in the increased turnout, according to exit polls. In addition to the vocal minority of Trump-supporting AAPI voters, on the Democratic side, voters led with anti-Trump motivations. In other words, a majority of people were motivated to vote for Democratic candidate Joe Biden, not because they support his specific promises and policies, but because they were more inclined to get Trump out of office, according to Karthick Ramakrishnan, public policy and political science professor at UC Riverside and founder of the research organization AAPI Data. “I think it will be interesting to see what kind of governance implications that will [bring] because there’s a lot of diversity in terms of what the kinds of agendas and what should be the priority in the first hundred days [of Biden’s presidency],” Ramakrishnan said, emphasizing that the current data does not present the clearest picture, but more survey results should be available in early 2021. The presidential race was only the tip of the iceberg when it comes to the overall ballot, especially in California where several contentious races and ballot measures were decided upon by voters. The highly contentious Prop 16, which would have overturned a 1996 ban on affirmative action, did not pass, and people like Ramakrishnan attributed that to confusing language on the ballot itself and the fact that the legislature submitted the proposal later than usual. AAPI leaders in California, by and large, asserted that Prop 16 would benefit the community in terms of hiring, college admissions and the granting of government contracts to small business owners, but the overall messaging of the ballot measure — as well as the contrast between both the Yes on 16 and the No on 16 campaigns — led to its defeat. “We don’t have exit data on Prop 16, but my guess is it probably would not pass in the Asian American community, given the high level of uncertainty,” Ramakrishnan added. “Voters, when they don’t fully understand propositions are more likely to vote no than yes.” When it comes to gathering data that could help explain why AAPIs vote the way they do, the execution of the many surveys and polls often leaves out the nuances of this community that
comprises hundreds of different cultures within each community. This blind spot among many national pollsters and organizations that conduct voter surveys (like the Associated Press and NPR ones, for example) highlights the importance of disaggregated data. But AAPI community organizations over the last several years have been working to fill that void by intensively getting to know the ins and outs of every community. Lian Cheun, executive director of Khmer Girls in Action, noted that within the Cambodian American community, civic engagement is often hindered by trauma. It’s an uphill trek to civically engage the larger AAPI community, but as Cheun notes, the solutions lie in mobilizing younger voters to hopefully bridge the generational gap and educate older, immigrant community members. But incremental change, as Cheun stresses, should begin at the neighborhood level where solutions could involve interactive cultural events (like a Halloween “scare-fest” that the KGA hosted in October that showed “what would happen if you don’t turn out to vote”) that can energize members of the fastest-growing voting bloc in the country. “We need to be able to show up and say that our story matters and the solutions that we propose matter, and all that effort is really important, and I think we’re beginning to see some
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY RFP No. MS289-22 TRACK AND SIGNAL INFRASTRUCTURE MAINTENANCE AND SUPPORT SERVICES The Southern California Regional Rail Authority (Authority) invites proposals from qualified firms to provide track and signal infrastructure maintenance and support services for its commuter rail service known as Metrolink. The Request for Proposals (RFP) is accessible at: https://www.metrolinktrains. com/about/doing-business. The contract to be awarded is funded in part under grants issued by the U.S. Department of Transportation, Federal Transit Administration. Proposers will be required to certify that they have not been suspended or debarred from participation in federally-funded contracts. Full compliance with all applicable Safety and Health standards, DBE requirements, Equal Employment Opportunity and Americans with Disabilities Act laws and regulations will be required of the successful proposer. As a condition of financial assistance agreements between the Authority and U.S. DOT, the Authority has established a Disadvantaged Business Enterprise (DBE) Program and overall annual DBE goal in accordance with Title 49 CFR, Part 26. SCRRA’s Overall DBE Goal for Federal Fiscal Years 2019-2021 is 12%. The Authority has established a goal of 18.6% for DBE participation on this project. Electronic Proposal Submittals are due on December 17, 2020 at 5:00 p.m. (PST). 11/21/20 CNS-3412403# ASIAN JOURNAL (L.A.)
of that shift,” Cheun said. “The election [helped] us shift the terrain in how we organize and advocate. It’s important because it means that we have an opportunity to deepen what democracy can be and we could build power in a different landscape.” (Klarize Medenilla/AJPress)
tries remains very strong and it doesn’t matter who the president of either country is,” he said. “We feel that this relationship is so strong that it has withstood many wars and many conflicts in the past worldwide, and perhaps even some issues we may not agree on, but at the end of the day, because of our special relationship, it has endured,” he added. Romualdez also expressed optimism that the Philippines will not have any problems with the Biden administration. VFA termination According to Romualdez, the dynamics between the Philippines and the U.S. shifted after the U.S. rejected most of China’s maritime claims in the South China Sea. Early in July, U.S. Secretary of State Mike Pompeo announced that the U.S. stands with its Southeast Asian allies, stressing that Beijing’s claims to offshore resources across most of the South China Sea are “completely unlawful.” “We all know Secretary Pompeo announced that the U.S. recognized the arbitral award and we were extremely pleased with that. And that has changed the dynamics, as far as our relationship is concerned with the U.S.,” Romualdez said. “I think there is now a stronger commitment in our mutual defense treaty. There seems to be some teeth to it now,” he added. However, Romualdez maintained that the Philippines is a sovereign nation, and that the
country wants to strengthen its own armed forces. “You have to have a mutual defense treaty but we also want to strengthen our own armed forces. We want to be able to contribute to that defense treaty,” he said. “We want to be able to defend ourselves but when the time comes — and we certainly hope it will never come — is that we need to be together and repel any kind of aggression from countries that would take advantage of the instability of the area,” he added, referring to the South China Sea. On the Visiting Forces Agreement (VFA), Romualdez expressed hope that the Philippines and the U.S. could craft another one that is more “mutually beneficial.” “So the VFA, we know it’s an important part of our relationship, but we also would like to reserve the right that when the time comes, we would like to be able to do things on our own,” he said. “But at the same time, perhaps we could have a different kind of VFA, which would be more mutually beneficial,” he added. The envoy also said that it’s possible that the VFA abrogation will see another extension next year. “We are open to extending it,” Romualdez said. “Everything’s been suspended because of this pandemic. We were supposed to have a bilateral strategic dialogue between the U.S. and the Philippines that happens every year. We also
have the mutual defense treaty board with both the U.S. and the Philippines, that also has been suspended. But we are hoping that before the August deadline comes into play, we’d be ready to talk about how we can strengthen that alliance we have with the U.S.,” he added. On Nov. 11, Foreign Affairs Secretary Teodoro Locsin Jr. announced that Duterte has extended the suspension of the VFA “to enable us to find a more enhanced, mutually beneficial, mutually agreeable, and more effective and lasting arrangement on how to move forward in our mutual defense.” “The past four years have changed the South China Sea from one of uncertainty about great powers’ intentions to one of predictability and resulting stability with regard to what can and cannot be done, what will and will not be acceptable with regard to the conduct of any protagonist in the South China Sea. Clarity and strength have never posed a risk. It is confusion and indecision that aggravate risk,” Locsin said. He also attributed the renewal of stability and security in the region to the efforts by the governments of the Philippines and the U.S. “A great deal of credit for the renewal of stability and security goes to deft diplomacy, unequivocal expressions of policy, sturdy postures of strength combined with unfailing tact, and pragmatic national security advice exhibited by both our governments in the same period,” he said. n
A NOvemBer 21-24, 2020 • LA WeeKeND ASIAN JOUrNAL
Fear of flying is a COVID-era... PAGE A1
ies show flying is just as safe as regular daily activities. They also tout policies such as mask mandates and enhanced cleaning to protect travelers from the coronavirus. Time for a reality check. Americans who do choose to fly will be subject to evolving COVID safety policies that vary by airline, a result of the continuing lack of a unified federal strategy. Under the Trump administration, government agencies such as the Federal Aviation Administration and the Centers for Disease Control and Prevention have failed to issue and enforce any national directives for air travel. And, though President-elect Joe Biden has signaled he will take a more robust federal approach to addressing COVID-19, which may result in such actions, the Trump administration remains in charge during the upcoming holiday season. Here’s what you need to know before you book. Airlines say it’s safe to fly during the pandemic. Is it? The airline industry pins its safety clearance to a study funded by its leading trade group, Airlines for America, and conducted by Harvard University researchers, as well as one headed by the Department of Defense, with assistance from United Airlines. Both reports modeled disease transmission on a plane, assuming all individuals were masked and the airplane’s highly effective air filtration systems were working. The Harvard report concluded the risk of in-flight COVID-19 transmission was “below that of other routine activities during the pandemic, such as grocery shopping or eating out,” while the DOD study concluded an individual would need to, hypothetically, sit for 54 straight hours on an airplane to catch COVID-19 from another passenger. But these studies’ assumptions have limitations. Despite airlines’ ramped-up enforcement of mask-wearing, reports of noncompliance among passengers continue. Most airlines say passengers who outright refuse to wear masks will not only be refused boarding, but will also be putting their future travel privileges at risk. Recent press reports indicate Delta has placed hundreds of these pas-
sengers on a no-fly list. Some passengers may still try to skirt around the rule by removing their mask to eat or drink for an extended time on the flight, and flight attendants may or may not feel they can stop them. And though public health experts agree that airplanes do have highly effective filtration systems spaced throughout the cabin that filter and circulate the air every couple of minutes, if someone who unknowingly has COVID-19 takes off their mask to eat or drink, there is still time for viral particles to reach others seated nearby before they get sucked up by the filter. Public health experts said comparing time on an airplane with time at the grocery store is apples and oranges. Even if you wear a mask in both places, said Dr. Henry Wu, director of Emory TravelWell Center and associate professor of infectious diseases at Emory University School of Medicine, the duration of contact in both locales can be very different. “If it’s a long flight and you are in that situation for several hours, then you are accumulating exposure over time. So a one-hour flight is 1/10 the risk of a 10-hour flight,” said Wu. “Whereas most people don’t spend more than an hour in the grocery store.” Also, both studies analyzed only one aspect of a travel itinerary — risk on board the aircraft. Neither considered the related risks involved in air travel, such as getting to the airport or waiting in security lines. And public health experts say those activities pose opportunities for COVID exposure. “Between when you arrive in the airport and you get into a plane seat, there is a lot of interaction that happens,” said Lisa Lee, a former CDC official and associate vice president for research and innovation at Virginia Tech. And while Wu said he agrees that an airplane cabin is likely safer than other environments, with high rates of COVID-19 in communities across the U.S., “there is no doubt people are flying when they’re sick, whether they know it or not.” Another data point touted by the airline industry has been that out of the estimated 1.2 billion people who have flown so far in 2020, only 44 cases of COVID19 have been associated with air
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travel, according to data from the International Air Transport Association, a worldwide trade group. But this number reflects only case reports published in the academic literature and isn’t likely capturing the true picture of how many COVID cases are associated with flights, experts said. “It’s very difficult to prove, if you get sick after a trip, where exactly you got exposed,” said Wu. The low count could also stem from systemic contact-tracing inconsistencies after a person with COVID-19 has traveled on a flight. In a recent case, a woman infected with the coronavirus died during a flight and fellow passengers weren’t notified of their exposure. That may be due to the decentralized public health system the U.S. has in place, said Lee, the former CDC official, since contact tracing is done through state and local health departments. The CDC will step in to help with contact tracing only if there is interstate travel, which is likely during a flight — but, during the pandemic, the agency has “been less consistently effective than in the past,” said Lee. “Let’s say there is a case of COVID on a flight. The question is, who is supposed to deal with that? The state that [the flight] started in? That it ended in? The CDC? It’s not clear,” said Lee. Is now the time to fly? Most airlines have implemented safety measures beyond requiring masks, such as asking passengers to fill out health questionnaires, enhancing cleaning on planes, reducing interactions between crew members and passengers, and installing plexiglass stations and touchless check-in at service desks. But many have also stepped back from other efforts, such as pledging to block middle seats. United relaxed its social distancing policy for allowing empty middle seats between customers at the end of May, though there were complaints from customers before then about flights being full. American Airlines stopped blocking middle seats in July. Other airlines plan to fill seats after the Thanksgiving holiday, with Southwest stopping the practice of blocking middle seats starting Dec. 1,
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PAYOUT. A woman checks the list of beneficiaries of the Social Amelioration Program (SAP) posted outside the Barangay Pinyahan Hall in Quezon City on Friday, November 20. In a recent advisory posted on its Facebook page, the Quezon City government said the Department of Social Welfare and Development and Starpay have begun the payout for 248,406 beneficiaries from the first batch and those waitlisted to receive aid under the program. Beneficiaries will receive either P8,000 or P16,000. PNA photo by Robert Oswald P. Alfiler
Nat’l coalition launches ‘Get Covered 2021’... PAGE A3
available for millions of Americans who might not know it. “The Affordable Care Act has reduced the number of uninsured from 45 to 28 million by providing financial help and a wide variety of coverage options, but even so, we must do more to increase awareness of these options, especially in diverse communities,” Lee said. “The COVID pandemic has put a new spotlight on a longstanding problem – the fact that too many Latinos and AfricanAmericans face worse health outcomes. Getting health coverage to all Americans is essential to our efforts to address health disparities. We’re asking America’s governors and mayors, celebrities to join with millions of Americans to help spread the word and get people enrolled.” From November 19 launch, Get Covered 2021 is driving toward a national “Get Covered America Day” on December 10th, and will continue through the open enrollment period and into the new year. The goal on December 10th is to drive enrollment across the nation, through united voices in the press and on social media. “December 10 is Get Covered America Day, and on that day, we’re urging everyone to wear a mask and post a picture of them-
selves on social media, including a personal message about why having insurance matters, sharing our website GetCovered2021. org and using the hashtag #GetCovered2021,” Banahan said. “We all know someone whose life has been changed because of the lifesaving care they received. It could be your mother, grandfather, daughter, or best friend. So, right now, as we face the challenges of COVID, let us also work to make sure everyone has the same access to care that is provided by having insurance coverage.” The organizations and individuals that endorse Get Covered 2021 are unified in their commitment to ensuring Americans have coverage that keeps them safe, healthy, and strong. This commitment is based on the recognition that both responding effectively to COVID and getting everyone possible insurance coverage is about health equity and addressing the disparities in health status and care delivery. Health equity begins with access to care, and access to care comes with having health insurance. Get Covered 2021 is committed to getting all Americans, who are eligible for coverage today, covered. These groups come together in their agreement on the need
to address the COVID pandemic and in the need to provide coverage to Americans to prevent and address other health conditions – including many that have higher impacts on communities of color. If the 16 million uninsured Americans eligible for financial help have the same health profile as Americans generally, not only would about 525,000 of them have been infected by COVID – with many being admitted to the hospital, but 1.8 million would be living with diabetes and over 85,000 would be living with and needing care and treatment for some form of cancer. “America today understands that achieving health equity means ensuring that all people have the same access to insurance coverage and clinical care,” American Public Health Association Executive Director Georges C. Benjamin, MD said. “COVID exposed for all to see the significant health disparities facing communities of color. Get Covered 2021’s focus on helping people get quality, affordable health insurance coverage is essential to helping all people stay healthy during this terrible pandemic. Coverage for all is also a critical step towards ensuring a more equitable society.” (Covered CA Release)
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LA WEEKEND ASIAN JOURNAL • NOvEmBER 21-24, 2020
Dateline PhiliPPines
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Marawi rehab — eyed completed by December 2021— has 30% progress dahil kung ang target natin ay makumpleto ang rehab ng siPhilstar.com yudad by December 2021 how MANILA — Government on could we be saying now na kahit Thursday, November 19 said the may shortfall tayo ng [19 billion] rehabilitation of the war-torn city ay ‘di na kakailanganin,” Hontiof Marawi is at 30%, with only veros said. at least a year left before its own target completion by December 2021. The months-long siege in 2017 by Islamic State-inspired Maute Group had reduced the city to rubble, displacing over 370,000 and causing at least P17 billion in damage. At a Senate budget deliberation, the human settlements department reported that 2,859 transitory shelters have so far been completed out of its targeted 4,852. Some 2,800 families are still in temporary shelters with government continuing to extend assistance and livelihood, according to Sen. Risa Hontiveros who sponsored the agency’s funding. But the proposed P5 billion budget for rehabilitation this year had concerned Sen. Francis Pangilinan, a view that Minority Leader Franklin Drilon raised on Wednesday. “The indicative amount for the entire program is P60 billion and the indicative deadline as manifested by the secretary is December 2021. But the actual amount being appropriated is P5 billion,” he said. “I don’t think there is a way of accomplishing the targets by the deadline.” The senator was referring to a vow by Human Settlements Secretary Eduardo del Rosario in September that reconstruction efforts would be completed by December of next year, months before President Rodrigo Duterte steps down. Hontiveros said some P36.1 billion had already been released throughout the years for the rehabilitation and the P5 billion would bring the amount to P41 billion. Still, she said, this would leave a remaining P19 billion from the P60 billion budget, but added that Del Rosario said it may no longer be used. “I will need to ask for further clarification from the secretary by chRistian
Carvey Ehren Maigue
Photo courtesy of James Dyson Foundation
Filipino student takes home int’l award for sustainable invention by Ritchel
Mendiola AJPress
FILIPINO student Carvey Ehren Maigue on Thursday, November 19, bagged the first-ever sustainability prize at the James Dyson Award for his invention. The 27-year-old electrical engineering student from Mapua University in Manila triumphed from more than 1,800 entries worldwide with the AuREUS System Technology — a new material, made from rotting fruits and vegetables, which converts UV light into renewable energy. AuREUS can be attached to a pre-existing structure or surface to harvest UV light and convert it into visible light to generate electricity in a way that traditional solar panels can’t. It can also function fully even when not in direct sunlight. According to Maigue, his invention was inspired by the science behind the northern lights He first submitted his idea to the James Dyson Award in 2018, but did not progress to the Awarding stages of the competition. The loss didn’t deter him from improving his idea until renowned inventor James Dyson handpicked him to be the first ever global Sustainability winner at this year’s James Dyson Award. “AuREUS is impressive in the way it makes sustainable use of waste crops, but I’m particularly
impressed by Carvey’s resolve and determination. Having failed to make the national stage of the Award in 2018, he stuck at it and further developed his idea — this will be a very important character trait as he embarks on the long road to commercialisation,” said Dyson in an interview on its site. “I wish him every success because, as a farmer, I have always been concerned about covering fertile, food-producing, agricultural land in photovoltaic cells. Carvey’s invention demonstrates a convincing way to create clean energy AuREUS uses waste crops on existing strucPhoto courtesy of James Dyson Foundation tures, like windows, “I want to create a better form within cities,” he added. Maigue received £30,000 of renewable energy that uses (around ₱1.9 million) as part of the world’s natural resources, is close to people’s lives, forging his prize. “Winning the James Dyson achievable paths and rallying Award is both a beginning and an towards a sustainable and regenend. It marked the end of years of erative future,” he added. The James Dyson Award (JDA) doubting whether my idea would find global relevance. It marks is an annual international design the beginning of the journey of award that celebrates, encouragfinally bringing AuREUS to the es and inspires the next generation of design engineers. n world,” said Maigue.
deipaRine
(If our target is to complete the city’s rehabilitation by December 2021 how then could we be saying that we would no longer need the P19 billion in shortfall?) In October, a watchdog moni-
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OPiniOn
A potential game-changer
FeatURes
ONE major deterrent to the revival of tourism and several other businesses is the requirement on flights and travel establishments for a realtime polymerase chain reaction swab test – the so-called gold standard in testing for COVID-19. Prices for the RT-PCR test range from P3,500 in the Philippine Red Cross to a high of P12,000 in some private facilities. Marikina residents have access to the local RT-PCR for less than P1,900, but the supply is limited. So every effort must be made to speed up the approval of a cheaper, faster and equally accurate way – according to scientists – of detecting the COVID-causing coronavirus: the saliva test. The Philippine Red Cross finally has the saliva testing kits from the United States, which have undergone trials in the US and now in the Philippines beginning on Sept. 18. Samples were processed at PRC laboratories in collaboration with the University of Illinois at Urbana-Champaign and the University of the Philippines. With results out in about three hours, and at an estimated P2,000 per test, the PRC saliva test can revitalize the battered domestic travel and tourism industry. More local governments and private companies may be able to afford giving the tests for free to residents and employees. It’s not the saliva test developed in Israel,
which produces instant and accurate results at a much cheaper price, or the one now being used in Japan, which has allowed more flights and travel on other modes of mass transportation in that country. The government should work to obtain these saliva tests. Still, the PRC tests are a good start for a better, faster, less invasive way of COVID testing. With the Red Cross tests leading the way, the saliva tests could be a game changer, speeding up economic recovery as the country waits for several more months before vaccines now being rolled out in the United States and other countries reach the Philippines. The PRC said the tests are awaiting approval from the Department of Health. The approval should not become entangled in any red tape. (Philstar. com)
The Fil-Am Perspective
We are losing the war against COVID-19
Editorial
GEL SANTOS-RELOS COVID-19 did not magically disappear. It did not miraculously go away in the spring nor in the summer. COVID-19 is, in fact, surging uncontrollably and we are losing the war against the coronavirus. FACTS: On Thursday, November 19, the United States hit a new record high of 187,428 new cases in one day alone. A new record high in hospitalization rate with nearly 80,700 people were hospitalized with COVID-19 in the U.S. on Thursday. As of Friday, the U.S. was averaging 74,063 current hospitalizations over the last 7 days — up 19.13% compared to the week prior. Skyrocketing nearly 12 million coronavirus cases Tragic heartbreaking truth: 253,000 Americans have died and counting. NO, it is not just that we are testing more. The facts reveal that the hospitalization rate and the death rate have escalated as well. Testing reveals the truth. Testing helps in isolating those who are infected
so that they will not infect more people. Testing helps in contact tracing so that those who are potentially exposed may be quarantined while awaiting test results to help stop the spread of the virus. From 16 confirmed cases on March 2, we have seen an uptick in the general direction of the infection rate of this deadly virus. There were three surges in new cases so far: Spring: 36,741 on April 24 Summer: 75,687 on July 16 Fall: 197,428 on November 19 There have been 1,962 Americans who have died on November 19 alone. These aren’t just numbers. These are human beings who died from COVID-19 without a family member beside them to hold their hand, to pray with them, to say goodbye to, to say “I love you” to for the last time, to say “I forgive you” and “Forgive me” to. These aren’t just numbers. They are mothers, fathers, siblings, daughters, sons, grandmothers, grandfathers, uncles, aunts, friends, and neighbors. The empty chairs this Thanksgiving and the holiday season will be an excruciating sight to behold. It is real. The virus is real. COVID-19 is real.
The pandemic is real no matter how much the President of the United States has downplayed its threat because he did not want to hurt his reelection bid. He lied not because he did not want Americans to panic. Trump lied because he was already in a panic knowing that safety restrictions must be imposed to mitigate the spread of the virus to save lives would mean closing down businesses, places of worship, schools, and wherever people gather. He knew this would lead to people losing their jobs, and the pulling down of the stock market index, the GDP and other numbers he needed to boast on for re-election. These are the numbers that matter most to him — to his personal interest and political agenda. And so he lied to us, the American people. He gave the impression with his doublespeak that this virus was a hoax; in fact, many people who believed in him died not knowing nor admitting it was COVID that killed them. He doubled down on going against public safety measures advised by health officials and scientists, despite how he, family members, some staff
I won, I won’t, I want
Street Talk GREG B. MACABENTA DONALD Trump, outgoing president of the United States, has 65 days left in his term as president (as of this writing), but knowledgeable quarters believe that he may have already gone on “bereavement leave - the kind of leave people take when someone in the family dies. Trump probably feels that he has lost something more precious to him than a son or daughter or wife. He has lost the presidential election. Now, Trump faces the prospect of vacating the most powerful position on the planet. According to reports, Trump has virtually dropped the ball on the presidency and has been plotting to reverse the results of the election in-between golf games. When Trump won the U.S. presidency in November 2016, he could hardly believe it. It was like winning the Super
Lotto. But he soon got over his disbelief and began to consider it as his Manifest Destiny. He began congratulating himself for his political genius, and began to attribute to himself the almost god-like power to command fanatical loyalty from his supporters, almost like that of members of a religious cult - the kind of power that Jim Jones held over the 900-plus members of his People’s Temple who committed suicide on his orders in the South American jungle of Guyana in November 1978. Trump even boasted that he could shoot a person in the middle of Manhattan and not lose a single follower. Sadly, Trump has proven much of that boast to be true. In spite of exposes of moral, ethical, intellectual, management, business and political flaws, he has commanded the loyalty of most of his voter base. The recent presidential election motivated more voter participation than any political exercise in American history. For sure, his opponent and eventual winner, former Vice-President
Joe Biden enjoyed more votes — over 78 million — than any presidential candidate in history, but Trump also broke all records for a loser, keeping the count close in the battleground states. Even worse, Trump succeeded in poisoning the minds of his followers, convincing them that he actually won the election and that Biden’s “victory” is fraudulent. Even before the election, Trump began feeding the lie that the only way he could lose would be if his opponent were to cheat. Thus, to this day, Trump has refused to concede defeat — defying all past electoral tradition and fanning unrest among his followers. A few days ago, thousands of Trump followers converged in Washington D.C. shouting incendiary slogans and refusing to accept the victory of Biden. This resulted in clashes with pro-Biden demonstrators, the arrest of dozens and the stabbing of one person. It is feared that this would not be the last outbreak of violence, before President-elect Biden and Vice
Philstar.com photo
and Republican Party leaders reportedly contracted the disease. Worse — he denigrated them and advised his followers not to comply with them. He did not support testing, contact tracing, social distancing, avoiding crowds and even held crowded political rallies that added to the infection, hospitalization and death statistics. This is THE major reason why he lost the election. This is THE major reason why people trusted President-elect Joe Biden more to lead the country in the next four years. After the election, we see Joe Biden and Vice Presidentelect Kamala Harris hard at work talking to health experts and scientists and people in the front line in the hospitals, businesses and schools and the American people in general on what we can all do together to stop the virus from spreading and help save more lives. The new leaders advocate for the need to wear masks, and practice social distancing, hygiene and avoiding crowds and work with state leadership and health officials toward a national goal and strategy to defeat the virus because it is an important pre-requisite to
building back the country’s economy better. But President Donald Trump has conceded defeat from the virus and has not spoken to the American people about this for a long time, has not empathized with families bereaved, and has not met with his coronavirus task force for five months now. Yet, Trump would not concede that he lost and Biden won, and so he has ordered his administration not to recognize Biden as Presidentelect, refusing to cooperate with Biden in the orderly transfer of executive power so there would not be a disruption in the government’s ability to provide national security and essential services to the American people, pursuant to the President Transition Act of 1963. He denied sharing briefing, information with the Biden transition team and has withheld the release of funds appropriated toward this transition. The light at the end of the tunnel come in the form of two vaccines, which have shown promise in defeating the virus: Moderna with 94.5% effectivity rate, and Pfizer and BioNTech with 95% effectivity rate.
These vaccines could be rolled out next summer and it takes time for the government to plan on its effective distribution to help save as many lives as possible. Trump is blocking this effort because of his delusion that he won, contrary to Biden’s win over him in both popular and electoral votes, and because of his vindictiveness against the Democrats. The pride and ego matter more to him than to save the lives of the American people he has sworn to defend and protect. We are losing the war against COVID-19 because Trump sided with the invisible enemy. ***
President-elect Kamala Harris take the oath of office on January 20, 2021. Trump’s supporters have also filed several dozen lawsuits in the battleground states, alleging electoral fraud, in a futile attempt to overturn the victory of the Biden-Harris team - futile because so far none of the lawsuits has been found meritorious by the courts, due to lack of evidence or proof of “massive” cheating that could affect the results of the election. Trump apparently isn’t giving up. He has threatened to elevate his lawsuits to the Supreme Court in the belief that the Associate Justices that he appointed during his tenure will vote in his favor. Meanwhile, most leaders of the Republican Party have either not attempted to make Trump accept defeat or, worse yet, have actively supported his baseless claims. It is said that they are “enabling” Trump’s recalcitrance because of a coming run-off election in January in Georgia between two Republican Senate incumbents and two Democratic challengers. The results could change the balance of power in the U.S. Senate and deprive the Repub-
licans of its control of Capitol Hill where the Democrats already dominate the House of Representatives. Other Republican leaders also want to avoid offending Trump for fear of earning the wrath of his voter base, thus jeopardizing their political future. Some political observers, among them New York Times columnist Tom Friedman, have expressed concern that the unrest could escalate into a civil war. Cooler heads, including Biden himself, have minimized this possibility, pointing out that America is still a country of laws and not a banana republic or a dictatorship like Russia, China or North Korea. Biden has chosen to speak calmly while proceeding to make preparations for his assumption of the presidency - this in spite of the refusal of the Trump administration to accord him and members of his team the traditional courtesies needed for a smooth transition. Biden, however, has expressed concern over the effects of Trump’s refusal to give his team access to information
on national security matters, as well as current government readiness to combat the COVID-19 pandemic. To date, some 11 million Americans have been infected by the virus and the daily death rate has reached record levels. Meanwhile the weeks leading to the end of Trump’s term are regarded with anxiety by officials concerned over the security of the U.S. Already, Trump has fired top defense officials and has begun to ask about sensitive security matters that could result in a war. Trump continues to dig in and boot-lickers in the White House keep fantasizing about a “smooth transition” to a “second Trump term.” “The longest two months” is how observers describe the last days of Trump who insists, “I won, I won’t concede and I want to remain in the White House.” Me? I worry. ***
The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
*** Gel Santos Relos has been in news, talk, public service and educational broadcasting since 1989 with ABS-CBN and is now serving the Filipino audience using different platforms, including digital broadcasting, and print, and is working on a new public service program for the community. You may contact her through email at gelrelos@icloud.com, or send her a message via Facebook at Facebook. com/Gel.Santos.Relos.
The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
*** gregmacabenta@hotmail.com
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Dateline PhiliPPines
Under the United Nations Convention on the Law of the Sea, a coastal state has sovereign rights to explore, use, conserve and manage the natural resources in its 200-nautical- mile EEZ. Recto Bank, known internationally as Reed Bank, is within the Philippines’ EEZ. Contributed photo
DOE urged to advise Filipino firms to continue West Philippine Sea exploration even without China by Bella
Perez-ruBio Philstar.com
MANILA — Sen. Risa Hontiveros on Friday, November 20 called on the energy department to discourage service contractors from entering into joint venture agreements with China-owned companies in their oil and gas exploration in the West Philippine Sea. “Unless China honors our victory over our Exclusive Economic Zone in the WPS, there can be no genuine joint venture,” Hontiveros said, adding that even Filipino companies allowed to explore in the area should be one with the country’s call to protect its sovereignty. “It is undeniable that our economy will be strengthened by the resources provided by WPS. So we must protect it, take care of it, and take possession of it. Not just because we need it, but because we have the right to it,” she added in Filipino. The senator specifically referred to Filipino company PXP Energy Corp., which she said started joint venture discussions with China National Offshore Oil Corporation, one of the largest national oil companies owned by the People’s Republic of China, after President Rodrigo Duterte lifted the moratorium on oil exploration in the disputed waters last month. When the Department of Energy opened bids for nominated areas under its Philippine Conventional Energy Contracting Program in September, Manuel V. Pangilinan-led PXP Energy submitted a bid for nominated area 6, which is located in the resource-rich Recto Bank Basin of
the West Philippine Sea. Hontiveros pointed out that a PXP Energy survey ship was harassed by Chinese boats in the very same area in 2011. “We must not forget such incidents because China started this hostility in our own waters. What assurance can Beijing give that it will not do the same now?” she said. Dennis Uy-led Udenna Energy Corp. submitted bids for nominated areas 7 and 8, which are also located in the Recto Bank. For the senator, “the wealth of gas and oil in Recto Bank alone must urge the DOE to claim it unilaterally.” Citing the energy department’s own study, Hontiveros said that Recto Bank can provide natural gas worth an estimated $19.9 billion as well as oil worth $2.1 billion. She also cited experts who said that the reserves at Recto Bank alone can supply the Philippines natural gas and oil for as long as a century. Sen. Win Gatchalian, chair of the Senate energy committee, last month said the lifting of the moratorium was a welcome development, given “the dwindling supply from the Malampaya reservoir which accounts for 20% of power supply of the country and almost 30 percent in Luzon.” The Malampaya deep-water gas-to-power project — the only local producer of indigenous natural gas — has been operating since 2001. Its concession contract will expire in 2024. Is joint exploration inevitable? A day after Energy Secretary Alfonso Cusi announced that the moratorium on oil and gas exploration would be lifted in the West Philippine Sea, the Chinese foreign minister said Beijing and
Manila had come to an agreement on the subject. “China and the Philippines have reached consensus on joint exploration of oil and gas resources in the South China Sea and set up relevant consultation and cooperation mechanisms. We hope the two sides will work together for new progress in the joint exploration,” Zhao Lijian, spokesman for the Ministry of Foreign Affairs of the People’s Republic of China, said during a regular press conference on October 16. While the Department of Foreign Affairs has not explicitly echoed these sentiments, both the ambassadors to China and the US have indicated that an agreement regarding joint exploration is in the works. Chito Sta. Romana, Philippine envoy to China, in an October 22 virtual briefing aired over state-run PTV said that negotiations between Beijing and Manila on exploration of the disputed area had been stalled by the pandemic. Given this, he said private companies could start their own discussions while awaiting official movement from the intergovernment committee. More recently, envoy to Washington Jose Romualdez told a California-based non-profit on Wednesday that a deal between China and the Philippines regarding joint exploration may soon be inked. “Our foreign affairs secretary was in China about a month ago... and I think there’s already some kind of an agreement of some sort as far as that joint exploration is concerned. Hopefully, we’ll be signing an agreement fairly soon,” Romualdez said. n
LA WEEKEND ASIAN JOURNAL • NOvEmBER 21-24, 2020
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A NOvemBer 21-24, 2020 • LA WeeKeND ASIAN JOUrNAL
Dateline PhiliPPines
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2020 English Proficiency Index: Philippines out of world’s Top 20 but is No.2 in Asia MANILA — The Filipino people’s English competency in 2020 placed seven spots lower on a global proficiency index compared to last year. International company Education First ranked the Philippines 27th in its 2020 English Proficiency Index (EF EPI), with the country garnering a score of 562 out of 700. For comparison, the highest ranking country, the Netherlands, garnered a score of 652. The country’s English competency in Asia is ranked second only to Singapore which garnered a score of 611 and is ranked 10th on the index overall. From 2016 to 2018, the Philippines managed to remain in the top 15 of the index, placing 13th, 15th, and 14th, respectively al-
though the number of countries in the index varied. It included 88 countries in 2018 and 72 in 2016. In 2019, when the index grew to include a total 100 countries, the Philippines fell six spots compared to the year previous, but managed to remain in the Top 20. Philippines maintains ‘high’ proficiency The country’s “Proficiency Band,” which is based on score rather than rank, has consistently remained at “high” from 2016 to 2020. The proficiency bands range from very low proficiency to very high. According to Education First, those with a high proficiency band can accomplish the following tasks: • Make a presentation at work
• Understand TV shows • Read a newspaper Education First said it came up with the index by administering its English Standard Test to over 2.2 million individuals across 100 countries and regions, 54% of whom were female and 46% of whom were male. The median age of test takers, the company said, was 26 years old and 94% of them are below the age of 60. Key findings The following is a summary of the 2020 EPI’s key findings: • English proficiency is improving • English and innnovation go hand in hand • Countries with high English proficiency are fairer and more open • Technology spreads English • Adults in their late twenties speak the best English • Managers speak the most English • Non-English speakers cluster in specific job functions • The gender gap is narrow • European English skills are polarized • Asia spans the spectrum of proficiency • Latin America’s proficiency is turning around • Africa’s English competency skews high and low • The Middle East’s English proficiency is improving The EF Standard English Test Students in uniform answer their learning modules during an online class under DepEd_s can be taken here: www.efset. org. (Bella Perez-Rubio/Philstar. blended learning system this year due to the COVID-19 pandemic. Philstar.com photo by Miguel de Guzman com)
FOR TYPHOON VICTIMS. Marikina City Mayor Marcelino Teodoro (2nd from right) talks to an official of the Filipino Chinese Community Calamity Funds (FCCCF), which donated thousands of food and other relief packs on Wednesday, November 18 at Marikina Sports Center. Most of the city residents’ homes were submerged in floodwater at the height of Typhoon Ulysses. PNA photo by Joey O. Razon
SWS: 6 of 10 Filipinos willing to get COVID-19 vaccine by Catherine
Valente ManilaTimes.net
SIX of 10 Filipinos have expressed their willingness to get vaccinated now if the vaccine against the coronavirus disease 2019 (Covid-19) is available, according to the latest Social Weather Station (SWS) survey. The SWS poll from September 17 to 20 among 1,249 adult Filipinos nationwide showed that 66% of adult Filipinos were “willing to get the Covid-19 vac-
cine if it is available now.” SWS noted that this included 32% who indicated that they would “definitely get the vaccine” and 34% who indicated that they “probably would get the vaccine.” The survey also showed that there were 31% who were unwilling to get vaccinated, including 14% who indicated that they “would not get the vaccine” and 17% who “definitely would not get the vaccine.” The same SWS survey also
Philippine Justice Secretary Menardo Guevarra
showed that Filipinos were more willing to get the Covid-19 vaccine than they were willing to get Dengvaxia as a 2019 survey of the firm showed that 62% of Filipinos disagreed with the selling of Dengvaxia in the country. Results also showed that more Filipinos in Mindanao were willing to take the vaccine at 73%. This was followed by Visayas with 69%, Metro Manila with 64%, and Balance Luzon with 61%.
Philstar.com photo
OVP won’t be spared in corruption probe – DOJ by robertzon
ramirez
Philstar.com
MANILA — The Office of the Vice President will not be spared from any investigation by the task force created by President Duterte to probe corruption in the entire bureaucracy, Justice Secretary Menardo Guevarra said. “If there is complaint about any corruption, yes,” Guevarra, head of Task Force Against Corruption (TFAC), said when asked if the Vice President Leni Robredo’s office would be included in the list of government offices set to be investigated for irregularities. Duterte ordered the creation of the task force supposedly to rid the bureaucracy of misfits before the end of his term in 2022. But Guevarra clarified that there is no order from Malacañang to initiate an investigation of Robredo’s office. Robredo is head of the opposition Liberal Party. In his weekly televised address late Tuesday, Duterte accused Robredo of making it appear to the public – especially on social media – that he was nowhere to be found during the onslaught of Typhoon Ulysses and other recent weather disturbances. The Vice President, who was spearheading relief operations in typhoon-ravaged areas, had never made such claim. Members of the TFAC are the Office of the Ombudsman, Commission on Audit, Civil Service Commission, Presidential AntiCorruption Commission, and the Office of the Special Assistant to the President. The Anti-Money Laundering Council, the National Bureau of Investigation (NBI), and the National Prosecution Service are
also part of the TFAC. The task force will prioritize offices considered most tainted by corruption – Department of Public Works and Highways (DPWH), the Bureau of Internal Revenue and the Bureau of Customs. The Land Registration Authority, an attached agency of the DOJ, and the Philippine Health Insurance Corp. will also be given extra attention. DOJ spokesperson Emmeline Aglipay-Villar said the operations center secretariat of the TFAC and the action centers of the DOJ are still consolidating the complaints filed against various government agencies. She said that there has been a sudden increase in complaints filed since the opening of the action centers. “Estimated number is more than 60 already,” she added. She has inhibited herself from the investigation of DPWH due to conflict of interest, as she is the wife of Public Works Secretary Mark Villar. Meanwhile, DPWH Assistant Secretary Mel John Verzosa said they are tracking down a certain “Alex” who was claiming to be part of the department’s own task force against corruption to solicit information by phone from district engineering offices purportedly for audit and investigation purposes. Verzosa heads the task force. He said the impersonator was using mobile number 0963 254-4485. “For confirmation of official members of the task force and for reporting of similar incidence or any suspicious transaction, the public is advised to coordinate with the Office of Asec. Verzosa thru +632-5304-3301,” Verzosa said. n
Marawi rehab — eyed... PAGE A5 t toring Marawi’s rebuilding had lamented the seemingly slow progress in the reconstruction, including the lack of funds for it. The Marawi Reconstruction Conflict Watch said there had been no “real liberation” since the president declared it in 2018, with no compensation for damage to properties and many staying in temporary shelters. “With only 16 months left until the 2021 year-end deadline of completing reconstruction projects,” the group said, “can the Duterte administration still deliver its promise that Marawi will rise as a prosperous and peaceful city again?” Duterte had since responded to critics of the efforts, as he
sought to explain that clearing lands of explosives and settling land titles are among the factors prolonging it. His spokesman Harry Roque has said too that while the president is satisfied with the progress, he would want the rehabilitation fast tracked. Estimates by the Asian Development Bank showed that the cost of damage in Marawi is at P11.5 billion, with losses at P7 billion. Displaced persons also numbered to nearly 370,000 or around 77,170 families. The war had resulted in 168 casualties from state forces, with 114 civilians, 270 unidentified individuals and 924 men from rebel forces, still based on figures from ADB. n
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Dateline PhiliPPines
Baguio City’s swan boats are used as transportation for flood-hit residents of Barangays Anquiray and Abollo in Amulung, Cagayan. Photo courtesy of PNP Cordillera
Baguio’s swan boats used as transpo for Cagayan flood-hit residents MANILA — Baguio City’s swan boats that used to among the attraction in Burnham Park, were repurposed to help transport flood-stricken residents in Cagayan. On Thursday, November 19, Public Information Agency Cordillera reported that swan boats from Baguio reached Amulung Cagayan, which is one of the flood-hit areas in Cagayan Valley or Region II. It said that these swan boats are used as transportation for for residents in Barangays Anquiray and Abollo. The boats are also used for recreational purposes
for children who were traumatized by the heavy flooding following the onslaught of Typhoon Ulysses. The boats were lent by private citizen and proprietor Vivian Celso, who coordinated with the Baguio City Police after learning the need for rescue operation. She sent four pontoon boats and swan boats. These are being used to carrying tourists in Burnham Lake. The Philippine National Police Cordillera said pontoon boats can carry ten persons at a time. These are ideal boats “since the fiberglass hulls are not easily
punctured as compared to that of rubber boats.” Some of the boats were transported on board boat trailer from PNP Maritime Group based in Pangasinan. Last Friday, #CagayanNeedHelps trended after the region composed of the provinces of Batanes, Cagayan, Isabela, Nueva Vizcaya and Quirino experienced heavy flooding caused by“accumulated effects” of recent typhoons that struck the country. The widespread flooding is also attributed to the water release in Magat Dam. (Rosette Adel/Philstar.com)
Fear of flying is a COVID-era... PAGE A4
and JetBlue planning to increase capacity to 85% on Dec. 2. In January, Alaska Airlines plans to stop blocking middle seats and JetBlue will fly at full capacity. Delta announced this week that it will continue to block the middle seat until March 30. This policy change is a result of airlines’ lack of cash on hand, said Robert Mann, an aviation analyst. It also reflects a rising demand from consumers who feel increasingly comfortable traveling again, especially as holiday gatherings beckon. “It was easy to keep middle seats empty when there wasn’t much demand,” said Mann.
Now, they’re instead hoping that new COVID-era services will calm passengers’ fears. American, United, Alaskan and Hawaiian, among others, offer some form of preflight COVID test for customers traveling to Hawaii or specific foreign destinations that also require a negative test or quarantine upon arrival. JetBlue recently partnered with a company to offer at-home COVID tests that give rapid results for those traveling to Aruba. Airlines are likely to expand their preflight COVID testing options in the next couple of months. “This is the new dimension of airline competition,” said Mann.
But is it a new dimension of travel safety? Emory’s Wu said there is certainly a risk of catching the coronavirus if you travel by plane, and travelers should have a higher threshold in making the decision to travel home for the holidays than they would in years past. After all, COVID case rates are surging nationwide. “I think the less folks crowding the airports, the less movement in general around the country, will help us control the epidemic,” said Wu. “We are worried things will get worse with the colder weather.” (Victoria Knight/Kaiser Health News)
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Immigration Corner
IN a previous article, I wrote on how Joe Biden has been declared the winner of the 2020 presidential election, and has proposed sweeping changes and reforms to our immigration laws and policies, including possible amnesty for Dreamers and/or the approximate 11 million other undocumented immigrants in the U.S. Although these changes and reforms are not yet in effect, people could already start preparing for these immigration changes by gathering vital documents and clarifying their immigration status, situation, and options. If there is an amnesty, there will likely be a surge or rush to apply. That is why I’m suggesting that you already start preparing. The following are some documents I believe would be necessary to gather. I based this on past amnesties, executive actions, and documents required for several other immigration benefits. I want to clarify that this is not an “official” list of required documents, as no immigration reform has yet been implemented. It is simply a guide to give you a head start once such reforms hopefully are implemented: 1. Your current, unexpired passport, and the passport you originally entered the U.S. on. 2. Entry documents, such as your entry visa and I-94. If you entered the U.S. under a different/ assumed name, that would still be considered an “entry.” 3. Identity documents, including your birth certificate, state I.D. or driver’s license. If you have U.S. citizen children, their U.S. birth certificates or proof of immigration status. 4. Docs showing your continuous presence in the U.S. from the
date you arrived until the present. Previous amnesties required people to demonstrate they were in the U.S. before a certain date, and remained in the U.S. continuously since then. There are lists of the types of documents USCIS would accept to document your continuous presence in the U.S. 5. Documents on your U.S. immigration history, including all petitions filed for you, applications, other filings, denials, records of any deportation/removal proceedings, etc. It is important to obtain these documents, to determine and evaluate a person’s current immigration status and to determine if any of the reforms or proposals could apply to them. If the person no longer has their records (they threw them out, moved and lost track of them, etc.), there are ways to obtain their complete immigration file from DHS. 6. Documents relating to any criminal matters. Were you ever charged, arrested, tried, or pled guilty to any crime? It’s important to determine what those crimes were and the effect they would have on a person’s immigration status and eligibility. Sometimes, a conviction for a particular crime would make a person ineligible for immigration benefits, even if there are reforms or amnesties. Sometimes it’s possible to go back to state court and have the criminal matter or sentence modified to lessen the immigration consequences. These documents are useful not only in connection with possible future immigration reforms and changes, but are important when applying for current immigration benefits as well. At my office, we treat clients as though they were patients about to go into surgery: The surgeon would want to see the patient’s medical history, take x-rays, and run other tests before
giving treatment. In the same way, a person should not just blindly file for immigration benefits without first considering their immigration status, history, and eligibility. That’s why a person should already consult with an attorney in preparation for possible reforms (just like a person might go to a doctor for a “checkup” in connection with a possible future surgery). It doesn’t mean you’re going to be “operated on” right now, just like you would not be filing right now. But it is best to already gather appropriate documents and determine eligibility and possible issues/problems in your case in preparation for these reforms. *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different, and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader. WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelLaw, Twitter @GurfinkelLaw and Youtube: US Immigration TV Call Toll free to schedule a consultation for anywhere in the US: 1-866-487-3465 (866) – GURFINKEL Four offices to serve you: LOS ANGELES ∙ SAN FRANCISCO ∙ NEW YORK ∙ PHILIPPINES
entertainment industry is in peril because Filipinos are falling for “faux-cinderella” stories. The Buy Bust fim director’s notes were made after the top ten most viewed on video streaming site Netflix for the Philippines showed K-dramas — mostly love stories. K-drama fans stood up against Matti, saying that not all Korean shows are simply about love, saying that there are more behind the love plot of the stories. Also, some individuals said that Matti
should not blame viewers for finding more interesting stories as Philippine movies and shows have become dull. Television shows in the country have become the subject of memes as they point out funny plot holes and outrageous show titles which range from being a laughing stock to outright crazy. People commenting on Reyes’ post — artists, celebrities, and ordinary viewers — have given their two cents about the issue. Actress Ina Feleo — daughter of director
Laurice Guillen and late famed actor Johnny Delgado — left a comment which appeared as a light-hearted admission of guilt. “My curls are shaking,” she said, before posting a photo of her with curly hair in a role which she plays as an antagonist. On a more serious note, most of the reactions agree with what Reyes said: that the Philippine entertainment industry needs a reboot, and has to think outside the box if it does not want to lose its viewers.
Atty. MichAel Gurfinkel, eSQ
MORE ANSWERS TO YOUR IMMIGRATION QUESTIONS THIS SUNDAY ON CITIZEN PINOY! Heidi of Waipahu, HI (center) asks if she can take over the petition of her husband, who died last year, so her child can immigrate faster. From Pangasinan in the Philippines, Kai (right) asks about her grandfather’s 2015 petition for her father, even though NVC is only processing cases with 2011 priority dates. They already received a welcome letter in August, and the grandfather has paid for the affidavit of support fee. Should they be paying all other fees as soon as they can? Or should they wait for the priority date to be current? Answers to these questions and more, on a brand-new episode of “Citizen Pinoy: Your Tanong, My Sagot” this Sunday, November 22 at 6:15 pm PST/EST (9:15 pm EST thru select Cable/Satellite providers). (Advertising Supplement)
Director laments sorry state of PH shows vs K-drama: We’re stuck with stereotypes By Gabriel
Pabico lalu
Inquirer.net
A RENOWNED local writer and director has lamented the sorry state of Philippine movie and television shows in comparison to the country’s Korean neighbors, saying that the country has been stuck with storylines revolving on worn out stereotypes. According to movie and TV director Jose Javier Reyes, the different K-drama series being watched by Filipinos right now — like the still ongoing corporate romance series “Start-up” or the psychological drama “It’s Okay to Not be Okay” — has overtaken the plot of local shows aired in TV and silver screens. He added that local shows still revolve on similar, uncreative, and overused stories — storylines which have been present even before the 1990’s. “START UP is about setting up businesses. IT’S OK NOT TO BE OK is about mental health. LIFE is about health care and business. ITAEWON CLASS is about dignity in ambition. SKY CASTLE is about parents and education. RECORD OF YOUTH is about choices in life and the sacrifices you make,” Reyes said in a Facebook post on
Director Jose Javier Reyes Inquirer.net photo
Wednesday. “THIS is KDRAMA TODAY,” he noted. Meanwhile, he stressed that Philippine movie and television stereotypes still exists — like babies being mixed-up in hospitals, antagonists with curly hair and martyr protagonists with long straight hair, the police being inefficient, rich people being bad, and bad in-laws — all of which seem to be out of touch with reality. “Eh, tayo nagkakapalitan pa rin ang mga babies sa ospital, may nawawalang diary, may kabit na kampon ni Satanas , kulot pa rin
ang buhok ng kontrabidang babae habang banat ang inaaping martir na bidang babae, laging late pa rin ang pulis sa krimen,” Reyes continued. (But in our case, babies are still being interchanged in hospitals, diaries are lost and found, people have affairs with the henchmen of the devil, female antagonists still have curly hair while pitiful protagonists have straight hair, police are still late to the crime scene.) “Palpak ang lahat ng kidnappings, alagad ng kadiliman ang lahat ng mga mayaman, hindi nilikha ni Lord ang mabait na biyenang babae at stepsister at laganap pa rin ang hindi magamotgamot na amnesia na mas masahol pa sa COVID19. DIYOS KO, ‘DAY!” he exclaimed. (Kidnappings are poorly executed, all rich people have shady and bad attitudes, God has not created the good mannered mother-in-law and stepsister, and the seemingly incurable amnesia appears to be worse than COVID-19. My god!) Despite Reyes’ praise of Korean offerings and critique of locally-offered shows, not all directors share his viewpoints. Last August, director Erik Matti drew controversy over his observations that the local
Preparing for Biden’s proposed immigration reform
(Advertising Supplement)
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Answers to questions about familySeafood City Supermarket based petitions take the spotlight on launches ‘My Online Suki’ rewards this Sunday’s ‘Citizen Pinoy: Your Tanong, program, holiday meal packages My Sagot – Social Distancing Style’ THIS Sunday, a brand-new episode of Citizen Pinoy’s “Your Tanong, My Sagot� has leading U.S. Immigration Attorney Michael J. Gurfinkel answering questions related to family petitions. Heidi of Waipahu, HI asks about humanitarian revalidation: Her husband petitioned their daughter, but died before the priority date was current. She applied for humanitarian revalidation at the California Service Center, but it was denied. Is there anything else she can do?
Kai from Pangasinan, Philippines is inquiring about her grandfather’s F-2B petition for her father with an August 2015 priority date, although NVC is only processing cases with 2011 priority dates. They would like to know if they should start paying all relevant fees since they already got a Welcome Letter last August 2020. Or should they wait for their priority date to become current? Other questions include a student visa holder whose petition for her by her parents just became current in September
2020, but she also just got engaged to a U.S. citizen. She is now asking which is the better route to take for a green card? A gentleman is asking if his fiancĂŠe, who is still married to a Filipino citizen, can get an annulment or divorce in the U.S. so he can legally marry her. These questions and more will be answered on an all-new edition of “Citizen Pinoy: Your Tanong, My Sagotâ€? this Sunday, November 20 at 6:15 pm PST/ EST (9:15 pm EST thru select Cable/Satellite providers). (Advertising Supplement)
Giving thanks during this pandemic
have to cooperate with our gov- and others for them. We thank God for the blessernment leaders and medical exPastor’s perts to stop the spread of virus ings of families and friends who are with us when the going gets infection and more deaths. Notes To stop feeling resentful and tough. We thank God for our angry about the holiday restric- jobs, our communities, and our tions, we may need to empathize churches. We thank God for with those who suffer and grieve faith-filled people who inspire ReveRend from the effects of this pandem- us to keep doing our work, fulRodel G. BalaGtas ic. Many people lose their loved fill our responsibilities, and trust WE’RE all struggling during this ones this year, and there are in God amid this pandemic. We pandemic — struggling that does those whose significant others thank God for those who care for not seem to end. We all wish that are confined in the hospital and us when we are sick, lonely, and we can celebrate Thanksgiving, could not even see them. There scared. Our celebrations this year may Christmas, and New Year without are doctors, nurses, and other be limited, but not any restrictions. But the thoughts of God’s here we are. We’re told to keep our in- To stop feeling resentful and angry about t goodness to us when we look at the entire door gatherings he holiday restrictions, we may need to history of our lives small and refrain from traveling to pre- empathize with those who suffer and grieve and the world. So, I hope that we could vent the further rise from the effects of this pandemic. still say a heartfelt of COVID-19 cases. and profound prayer It is challenging for many of us who come from caregivers who have to spend of gratitude to God at Thanksgivlarge families to follow these re- long hours on these holidays to ing dinner despite the absence of family members. Whether two, strictions. It’s hard for most of us take care of the sick. It may just be this year that we three, four, eight, or even alone, who love to celebrate the holidays. What would Christmas be won’t be able to celebrate our we give thanks to God for his without Midnight Mass and other traditional celebration of Thanks- blessings, abundant or scarce. *** church gatherings? What would giving, Christmas, and New Year the holidays be without seeing until an effective vaccine arises. The opinions, beliefs and viewpoints parents, grandchildren, nieces, This year we’ll just have to make expressed by the author do not necessacrifices for the common good. sarily reflect the opinions, beliefs and and nephews? Without minimizing these de- There will be our usual celebra- viewpoints of the Asian Journal, its manpressing sentiments, we need to tions next year and in the follow- agement, editorial board and staff. *** look at these restrictions as sacri- ing years. Still, I hope that the pandemic Fr. Rodel “Odey� Balagtas is the pastor fices not only for individuals and families but also as a nation. If will not stop us from reflecting on of Incarnation Church in Glendale, Caliwe care for everyone’s health, we our blessings and thanking God fornia.
COVID-19 harm reduction tips become urgent as cases surge California Department of Public Health issues safety measures to reduce risk of COVID-19 spread With one million COVID-19 cases FRQ̑UPHG LQ &DOLIRUQLD WR GDWH D QHZ WUDYHO DGYLVRU\ ZDV MXVW LVVXHG DQG KHDOWK R̓FLDOV DUH FRQFHUQHG DERXW WKH VXUJH ZH DUH H[SHULHQFLQJ 7KHUH LV DQ XUJHQW QHHG WR HGXFDWH WKH SXEOLF DERXW ZKDW WKH\ &$1 $1' 6+28/' '2 WR SURWHFW WKHLU IDPLOLHV DQG WKHLU FRPPXQLWLHV 12: ,6 7+( 7,0( WR KHOS HGXFDWH &DOLIRUQLDQV DERXW VSHFL̑F ZD\V WKH\ FDQ SLWFK LQ DQG GR WKHLU SDUW WR VORZ WKH VSUHDG VWDUWLQJ ZLWK \RXU RZQ FRPPXQLW\ 7KH IROORZLQJ JXLGDQFH IURP WKH &DOLIRUQLD 'HSDUWPHQW RI 3XEOLF +HDOWK &'3+ FDQ KHOS PHPEHUV RI \RXU FRPPXQLW\ SODQ VDIHU JDWKHULQJV DQG KHOS ORYHG RQHV UHGXFH SRWHQWLDO KDUP 3OHDVH XVH DQ\ RU DOO RI WKHVH JXLGHOLQHV IRU VPDOO JDWKHULQJV DQG WLSV IRU D KHDOWKLHU KROLGD\ VHDVRQ WR KHOS HGXFDWH DQG LQIRUP \RXU FRPPXQLW\ +HUH DUH VRPH VSHFL̑F WLSV WR VKDUH Check your county’s status WR ̑QG RXW ZKDW W\SHV RI DFWLYLWLHV DQG JDWKHULQJV DUH SHUPLWWHG LQ \RXU FRXQW\ EDVHG RQ WKH FXUUHQW VSUHDG RI WKH YLUXV Wear a mask in public settings OLNH RQ SXEOLF DQG PDVV WUDQVSRUWDWLRQ VKRSSLQJ DQG LQ VWRUHV DQG DQ\ZKHUH \RX ZLOO EH DURXQG SHRSOH ZKR GR QRW OLYH ZLWK \RX Wear a mask QRW RQO\ ZLWK SHRSOH \RX GR QRW NQRZ EXW with anyone you don’t live with LQFOXGLQJ FORVH IULHQGV DQG IDPLO\ :KLOH ZH IHHO VDIH DQG FDQ HDVLO\ OHW RXU JXDUG GRZQ DURXQG ORYHG RQHV WKH ULVN RI WUDQVPLVVLRQ LV VWLOO WKHUH Keep your distance ȅ 6WD\ VL[ IHHW DSDUW IURP LQGLYLGXDOV RXWVLGH \RXU KRXVHKROG HVSHFLDOO\ IURP ROGHU IDPLO\ PHPEHUV DQG WKRVH ZLWK FKURQLF KHDOWK FRQGLWLRQV Do not gather indoors with other households LI \RXU FRXQW\ SURKLELWV LW ,QGRRU JDWKHULQJ LV SURKLELWHG LQ SXUSOH WLHU FRXQWLHV ,I \RX DUH LQ D FRXQW\ ZKHUH LQGRRU JDWKHULQJ LV SHUPLWWHG ZKHQ LQGRRUV keep windows and doors open VR IUHVK DLU FLUFXODWHV DQG FRQWLQXH WR SUDFWLFH VDIH
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SEAFOOD City Supermarket and Grill City introduce “My Online Suki,� which offers customers exclusive online frequency rewards and specials through the supermarket’s mobile app. Customers who register online can now enjoy exclusive introductory rewards from Seafood City and Grill City after shopping a number of times. These include a free case of 24 pack SFC bottled water from Seafood City, or free 2 item combo meal from Grill City on a customer’s third time to shop; free 10lbs of Long Life calrose rice from Seafood City, or free 4pcs of BBQ value from Grill City on the sixth time; free 12 pack of Pamana champorado from Seafood City or 1pc crispy pata from Grill City on the ninth time; and free 25lbs of Pamana jasmine rice from Seafood City or 1pc Cebuchon from Grill City on the 12th time. Seafood City has a $60 minimum purchase to count as a frequency transaction, while Grill City has a $20 minimum purchase. Through their online apps, customers can now also preorder products online to avoid the rush brought by the holiday season. For Seafood City, customers need to select the shop or store they prefer on the app, reserve the date and time of the delivery, and choose whether they want pickup or delivery. With Thanksgiving and Christmas approaching, Grill City is encouraging customers to place their orders for party packages and trays in advance to avoid the holiday rush. Through the app or Grill City’s hotline (1-877-446-4969), customers can reserve the date and time of the delivery, and choose whether they want pickup or delivery. The pre-orders have a lead time of 15 days before pick-up or delivery, giving enough time for the stores to meticulously prepare the orders and successfully serve their customers. Grill City has also announced
a Holiday Party Package for $109.99 (plus tax) that can feed between six to eight individuals. The options include: the Cebuchon Party Package with a full Cebuchon slab, 2 pieces of Hardinera, half tray of pancit bihon and 2 leche flans; the Crispy Pata Party Package with 3 Crispy Patas, 2 pieces Hardinera, half tray of pancit bihon and 2 leche flans; the Crispy Bagnet Party Package featuring a 4.5 lb bagnet, 2 pieces Hardinera, half tray of pancit bihon and 2 leche flans; or the Barbecue Party Package with 18 pieces of pork or chicken BBQ, 2 pieces Hardinera, half tray of pancit bihon and 2 leche flans. The promo is available at any Grill City U.S. location and should be ordered at least three days before pick-up. Famous for its Filipino-style pork and chicken barbecue, Grill City serves authentic Filipino grilled favorites. It offers delicious grilled choices like inihaw na liempo (grilled pork belly),
stuffed squid and fish (tilapia, pompano and bangus). As side dishes, classic Pinoy viands are available like adobo, kare-kare, sinigang, nilaga, bopiz, kaldereta and menudo. With Grill City, families can enjoy delicious grilled and classic favorites with authentic Pinoy ingredients, without the hassle of cooking and grilling at home. Seafood City Supermarket offers quality and authentic Filipino specialties at the most affordable prices. Launched in 1989, it was the first-ever grocery store that Filipino-Americans could go to, which had led to more stores opening all over California, followed by stores in Nevada, Washington State, Hawaii and Chicago. Seafood City’s locations included iconic Filipino brands like Jollibee, Red Ribbon, Chowking, Philippine National Bank, Atlas Remittance and other brands popular to Filipinos anywhere in the world. (Advertising Supplement)
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Andi on third baby: ‘Main source of hope in dark times’ By Ryan
aRcadio Inquirer.net
ANDI Eigenmann reflected on her journey as a mother as she prepares for the birth of her third baby, whom she calls a “main source of hope� in these trying times. The actress reminisced on the time she was pregnant with her second child when she shared a photo of her current baby bump on Nov. 18. “Looking back on all my pregnancy photos with Lilo reminds me of how different of a time that was,� she said on her Instagram page. “Makes it seem like the summer of 2019 was so long ago,� Eigenmann added. “I remember being so excited to take a new photo of my growing belly every week, sharing updates on here and happily reading your comments and stories that reassure me that I am not alone.� But now, 30 weeks into her third pregnancy, the actress is
EMPLOYMENT
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Derek defends Andrea as he confirms breakup By Ratziel
San Juan Philstar.com
KAPUSO couple Derek Ramsay and Andrea Torres have officially split. Derek finally confirmed the breakup on Thursday, ending days of speculation that began when fans noticed that Andrea unfollowed him and the couple deleted each other’s pictures on Instagram. “The breakup has happened so fast. Maybe two people are just not meant to be,� he wrote on social media. In the actor’s birthday post for his mother, a follower commented that he and Andrea only dated for Andie Eigenmann Photo from Instagram/@andieigengirl a year compared to his previouss simply taking photos of her baby times have been,� Eigenmann long-term relationships. They said that Andrea is at fault and that expressed. bump “before [it’s] too late.� Eigenmann revealed that she Derek should not be blamed for “Feels odd, but I’d really like to look back on this time was pregnant with her third the breakup. Derek, however, came to his with our youngest to come, to child last August—her second show that s/he was our main with her partner, professional ex’s defense. “Please don’t point the finsource of hope and strength surfer Philmar Alipayo. She that allowed us to find the silver shares her first child, Ellie, with ger at anyone. There is nothing wrong with Andrea. She is a great lining no matter how dark these fellow actor Jake Ejercito.
EMPLOYMENT
Andrea Torres and Derek Ramsay
woman,� he replied. “Please respect us na lang. We shared our love to all of you... sana naman we can keep this to ourselves. Mahal ko si Ada kaya di ako magsasalita pero if I hear lies about her I will defend her.� Derek also denied accusations
GMA photo
of infidelity: “There is no third party!!!!� Andrea, meanwhile, has yet to release a statement on the breakup. The co-stars of “The Better Woman� first confirmed their relationship in September 2019.
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Tax Tips VictoR Sy, cPA, mBA & RogeR L. oRieL THE expected Blue Wave for Democrats did not happen. Republicans kept control of the Senate. This forms a split government with Democrats at the White House and lower House while Republicans remain in control of the Senate. This limits President-elect Biden’s full-blown venture into tax and healthcare programs. Energy Regulation of the oil and gas industry will likely increase as President-elect Biden goes for clean energy. President Trump
LA WEEKEND ASIAN JOURNAL • NOvEmbER 21-24, 2020
Stock losers in a One senior qualifies for Chapter 13, while Biden presidency another gets Chapter 7. Why the difference?
was hostile to renewable energy; instead, he tried to revive the coal industry. Biden wants to generate clean, American-made electricity to achieve a carbon pollution-free power sector by 2035. Renewable energy (wind and solar) is likely the biggest energy winner. Senate Minority leader Chuck Schumer proposed to rapidly turnover the nation’s automobile fleet by offering cash voucher incentives to trade gas-powered cars for plug-in electric, hybrid or hydrogen fuel cell cars. Shades of Cash for Clunkers from years back. Financials A divided Congress may be negative for financials. Round
two of stimulus package may be lower than would have been in a blue wave. *** Victor Santos Sy graduated Cum Laude from UE with a BBA and from Indiana State University with an MBA. Vic worked with SyCip, Gorres, Velayo (SGV Andersen Consulting) and Ernst & Young before establishing Sy Accountancy Corporation in Pasadena, California. *** He has 50 years of experience in defending taxpayers audited by the IRS, FTB, EDD, BOE and other governmental agencies. He is publishing a book on his expertise - “HOW TO AVOID OR SURVIVE IRS AUDITS.” Our readers may inquire about the book or email tax questions at vicsy@live.com.
4 ways filing for divorce can benefit your immigration case Barrister’s Corner Atty. Kenneth URSUA ReyeS COUPlES get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. Four situations in which filing for divorce can be beneficial to your immigration case are as follows: 1. Married Sons and Daughters of US Citizens If you were petitioned for legal permanent residence by your US Citizen parent as a married son or daughter 21 years old or over, you are classified in immigration law under family sponsored third preference (F3) which usually carries a long wait time. The wait time for Filipinos for example is currently 22 years. The priority date is normally the date the petition was initially filed by your US Citizen parents. If you get divorced, you revert back to single status and your category automatically becomes reclassified to first pref-
Tapat Sa Batas Atty. RheA SAmSon ANG isang karaniwang paraan upang makakuha ang dayuhan ng green card ay sa pamamagitan ng spouse petition ng asawang U.S. citizen (USC). Ngunit may mga pagkakataon na may karahasan na ginagawa ang USC sa kanyang asawang dayuhan at ang dayuhan ay nagtitiis at nananatili sa kasal dahil sa kanyang immigration status. Noong 1994, isinagawang batas ni Pangulong Bill Clinton ang Violence Against Women Act (VAWA). Kinikilala ng VAWA ang epekto ng karahasan sa mga asawang dayuhan at sa kanilang mga menor de edad na mga anak. Sa ilalim ng VAWA, may mga paraan pa rin ang dayuhang biktima ng domestikong karahasan para maging legal ang kanyang immigration status kahit hiwalay na siya sa USC. Ang dayuhan ay maaaring mag-VAWA self-petition. Dito, kailangang niyang ipakitang siya ay may good faith marriage sa asawang USC, at noong kasal, siya ay napailalim sa mga pangaabuso o kalupitan sa kamay ng USC. Kinakailangan ding ipakita ng dayuhan na sila ng USC ay nagsama bilang mag-asawa, at ang dayuhan ay may good moral character. Ang dayuhan na may divorce decree na sa USC ay maaari pa ring mag-VAWA self petition kung itong self-petition ay kanyang ifile sa USCIS sa loob ng dalawang taon mula sa petsa ng divorce decree. Ayon sa batas, maipapakita ang karahasan o kalupitan kung ang dayuhan ay biktima ng mga akto ng karahasan mismo o kaya mga pagbabanta ng karahasan, mga pisikal o mental na pinsala, sikologikal na pang-aabuso, abusong sekswal tulad ng panggagahasa, pagmomolestya o prostitusyon. May mga pang-aabuso rin na maaaring isaalang-alang bilang karahasan tulad ng pangaabusong emosyonal dahil ito ay parte ng kabuoang karahasan. Ang mga pang-aabuso, kalupitan o karahasan ay kailangang ginawa ng USC sa dayuhang asawa o sa anak nitong menor de edad, at ang mga ito ay dapat naganap noong sila ay kasal pa at nagsasama pa bilang mag-asawa. Ang VAWA self-petition ay kailangang may kasamang edidensya ng citizenship ng USC
B
erence (F1) where the waiting time is substantially shorter. For example, for Filipinos the wait time under F1 category is 10 years shorter than F3 category. This means if your parents filed your immigration petition 12 years ago, then you can adjust to a green card now instead of waiting another 10 years. 2. Married Sons and Daughters of legal Permanent Residents If your parents are legal permanent residents, getting divorced will convert you back single status making you eligible to be petitioned by your legal permanent resident parents under the family based second preference (F2b) category if you are 21 years old or older or under the family based second preference A (F2a) if you are under 21 years of age. For those who married after they were petitioned by their lPR parents (F2A and F2B), the petition is automatically revoked under operation of law the moment you get married and cannot be reclaimed by a divorce. In theory, it can be argued that filing a subsequent petition after your divorce under the same category inherits the previous petition’s priority date under 9 FAM 42.43 N10 and 8 CFR 204.2(h), Part 205. However, success of such argument is not clear since the old petition was automatically revoked the moment you married. The best thing that can be done in this situation is
to have your lPR parent repetition you as an F2A or F2b even if you are unable to reclaim the previous petition’s priority date. 3. Conditional Legal Permanent Residents in failed Marriages For those who obtained their legal permanent residence status through marriage based petition by their US Citizen spouse of less than 2 years marriage, the legal permanent residence status conferred is usually a “conditional legal permanent residence” valid only for 2 years. The couple would need to sign and file a joint petition to remove this condition prior to the expiration of the 2 years or the conditional legal permanent resident spouse would fall out of status. The problem arises when the marriage is in trouble. Often it becomes difficult to obtain the cooperation of the US Citizen spouse specially when the couple has separated. US Citizen spouse often refuse to sign the I-751 for or appear at the I-751 interview if one is set by the USCIS. Filing for divorce would terminate the marriage and allow you to file a “waiver” of the joint petition to remove the conditional lPR status based on entering into the marriage in good faith. Terminating the marriage by filing a divorce is a requirement in order to file the “waiver.” It is important to time this correctly as PAGE B6
VAWA self-petition
at ebidensya ng good faith marriage. Ang pangunahing ebidensya ng kasal ay ang marriage certificate na galing sa county recorder, at mga patibay na ang mga dating kasal ng USC at dayuhan ay tapos na o wala nang bisa. Ang good faith marriage ay maipapakita sa pamamagitan ng mga dokumento tulad ng insurance policies, kasunduan ng pagupa, tax returns, bank accounts, at mga testimonya tungkol sa panliligaw, kasal at pagsasama ng mag-asawa. Mabuti ring ebidensya ng good faith marriage ang birth certificate ng mga anak, mga dokumento galing sa police, doctor at korte at mga sinumpaang salaysay ng mga taong may kaalaman tungkol sa relasyon ng mag-asawa. Ang mga ebidensya naman ng karahasan at kalupitan ay mga police report, medical report, mga sulat galing sa eskwelahan, simbahan o social worker. Kung ang dayuhan ay kumuha na temporary restraining order sa kanyang asawang USC o kaya ay tumira sa battered women’s shelter, ito ay mga matibay din na patunay ng pang-aabusong naganap. One of the most common ways to get a green card is by familybased petition through marriage to a U.S. citizen (USC). However, sometimes there is abuse perpetrated during the marriage by the USC spouse and the alien feels that he or she is forced to stay with the USC spouse because of immigration status. The immigrant provisions of VAWA (Violence Against Women Act) provide legal remedies that permit victims of domestic violence to legalize their status independent of their abusers. An alien who is the spouse of a USC may self-petition for immigrant classification under VAWA if the alien demonstrates that he or she entered into the marriage with the USC spouse in good faith and that during the marriage, the alien or a child of the alien was battered or subjected to extreme cruelty perpetrated by the USC spouse. In addition, the alien must show that he or she is eligible to be classified as an immediate relative, resided with the abusive spouse, and is a person of good moral character. An alien who has divorced an abusive USC may still petition under VAWA if the alien demonstrates a connection between the legal termination of marriage within the past 2 years and the battering or extreme cru-
elty by the USC spouse. The phrase “was battered by or subject of extreme cruelty” includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, or prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence including acts that, in and of themselves, may not initially appear violent but that are a part of an overall pattern of violence. The qualifying abuse must have been committed by the USC spouse, must have been perpetrated against the self-petitioner or the self-petitioner’s child, and must have taken place during the self-petitioner’s marriage to the USC spouse abuser. A self-petition filed by the abused spouse must be accompanied by evidence of citizenship of the USC spouse abuser. It must also be accompanied by evidence of the relationship. Primary evidence of the relationship is a marriage certificate issued by civil authorities, and proof of termination of all prior marriages of the self-petitioner. Evidence of good faith marriage may include, but is not limited to, proof that one spouse has been listed on insurance policies, property leases, income tax forms, or bank accounts; and testimonies or other evidence regarding courtship, wedding ceremony, shared residences and experiences. Other types of evidence include birth certificates of children born to the marriage, police, medical or court documents providing information about the relationship; and affidavits of persons with personal knowledge of the relationship. Evidence of abuse may include, but is not limited to, reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel. Persons who have obtained an order of protection against the abuser or have taken other steps to end the abuse are strongly encouraged to submit copies of the relating documents. Evidence that the abuse victim sought safe haven in a battered women’s shelter, documents of physically PAGE B6
Debt Relief
Atty. LAwRence yAng THE first client is 82. He is married. “What’s the problem?” I ask. He says that he owes about $15,000 of credit cards and his wife owes about $10,000 of cards. Together they owe $25,000. He says he doesn’t know how much longer he has before he dies but it doesn’t appear like they can actually finish paying off the $25,000 of cards. I ask him why this pessimism when they both look healthy. “Yeah, I feel ok. In fact, I was still working a regular job before COVID started in March, then I was laid off. The problem is that we’ve been paying for these cards for such a long time and the balances don’t seem to be decreasing at all,” he said. I asked, how much minimum payments they pay. He said they owe about 10 cards and pay a little on each card but it adds up to $1,000 a month. He says he called up the credit card companies and they were told that at $1,000 a month, it would take another 25 years to fully pay off the $25,000 of credit cards. “I don’t think I have another 25 years to live and I don’t want the credit cards to be a problem for their adult daughter who lives with them,” he responded. Of course, he’s making pretty valid points here. Who wants to spend another 25 years paying $1,000 a month to pay off $25,000 of credit cards? That’s $300,000 to pay off $25,000. Yeah, it’s a pretty profitable business for MasterCard and Visa. Go buy their stocks. They keep going up. It may not take all of $300,000 but it’s going to take a whole lot more than $25,000 and a very long time for the client to pay off these credit cards; probably at least $150,000 to pay off $25,000. With minimum payments monthly, you’re just paying current interest so the balance remains the same while you age. Your hair will turn white but you will still owe the same amount of principal after 10 years, 15 years or 20 years. So here we are now with the client just getting the feeling that he’s been paying the
cards for a long time with minimum $1,000 payments a month, but he still owes the same $25,000 so he’s now wondering when he will actually pay them off in full because he’s now 82 and was just told by creditors that it will take another 25 years. The client owns a house. He owes about $100,000 on it. “What’s the current fair market value?” I asked. He said it’s worth about $500,000. I asked him about how many people are on the title, and he said three. This means he and his wife own half, and the other party on title owns the other half. His share of equity would be $200,000 while homestead exemption would be $175,000, leaving non-exempt equity of $25,000. This means he can’t do a Chapter 7 unless he’s willing to lose his half share of the house. In Chapter 7, the trustee has the power to sell his half share, give him $175,000 in cash, and use the $25,000 difference to pay the $25,000 of credit cards. Theoretically, this is the way it should work. But the trustee has administration and selling and legal expenses to cover. These use up a big chunk of money. The trustee may not make any money after giving the client his $175,000 if the house is only worth $500,000. So we check Zillow. It says that Zillow estimates at $640,000. Well, that does it. There’s enough room for the trustee to make money on it at $640K. It’s not safe for the client to file Chapter 7 to wipe out $25,000. “I will only file Chapter 13 for you because I don’t think you want to lose your house in Chapter 7 for $25,000 of credit cards, right?” I tell the client. He agrees. Chapter 13 will protect his house from lawsuits and liens from their credit cards with about $450 monthly payments in a Chapter 13 plan to the trustee for 60 months. That’s already $550 less than the $1,000 he pays monthly for minimum payments. And, there’s no interest. So, after 60 months the $25,000 is fully paid thru the court, so the court enters a discharge order saying the client no longer owes any credit card debt. The client decides to file Chapter 13. Right decision. Better late than never. The second client owes $40,000 in credit cards. He’s much younger at 62. He’s married but they
don’t own a house. They just rent. This actually makes it a lot easier to qualify for Chapter 7 because there is no house to look at. House values now as you know are sky-high because interest is at an all-time low. You can get a 30year fixed-rate mortgage to buy a house at less than 3%. Never heard such low rates ever before. lots of people want to buy houses now even with the pandemic going on. It’s literally once in a lifetime situation with interest this low. So trustees in Chapter 7 are very well aware of how high house values are right now. If there’s a house involved with large or borderline equity it’s the better part of caution to file for Chapter 13 so as not to put the house at risk of being lost in a Chapter 7, unless you really want to cash out on the exempt equity now for whatever reason you may have. I can think of situations where the client would rather get cash of $175,000 being a senior and want to move out of state because houses are cheaper say in TX or AZ and you can get a nice house fully paid for $150,000. No more mortgage to worry about. life becomes a lot easier with no mortgage to worry about having a fully paid house. Most seniors depend on social security, which doesn’t go a long way after the mortgage payment. Some seniors just want to cash out to start a new life elsewhere. In this case, the senior still works and makes about $3,000 a month. The wife does not work. He nets about $2,400 a month. You know the minimum payment on $40,000 of credit cards is at least $1,500 a month. It only takes less than a minute for the client to decide to go for Chapter 7 to wipe out the $40K. Right decision. If you have too much debt and need relief, please set an appointment to see me. I will analyze your case personally. Disclaimer: None of the foregoing is considered legal advice. Each case is different. *** Lawrence Bautista Yang specializes in Bankruptcy, Business, Real Estate and Civil Litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S. Fremont Ave., Mailstop 58, Building A-10 South, Suite 10042, Alhambra, CA 91803. (Advertising Supplement)
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4 ways filing for divorce can... Should employees be paid for on-call or wait time if not free to leave work premises?
PAGE B5 soon as the marriage starts falling apart because by terminating the marriage early on, you might be able to file the waiver before the expiration of your 2 year conditional LPR thus allowing you to extend your LPR status in 1 year increments until a final decision is made in your case. 4. Married Aliens in Non-Immigrant Visas and those without Status For those who enter the US as
a non-immigrant and are separated from their spouse but still married, filing a divorce would open up opportunities in case they meet a new significant other who is a US Citizen and who can petition them as an immediate relative. This is usually the fastest of process in obtaining legal permanent residence. In countries such as the Philippines where there is no divorce, many people come to the US to start a new life after they have been separated from their
old spouse (often still married to them). Even if the alien over stays their status as a visitor, the alien can still adjust to that of a legal permanent residence if petitioned by a US Citizen spouse. If the alien was never inspected, the alien can still adjust to legal permanent residence if they are grandfathered under INA 245(i) and there are no special restrictions on their status. To be grandfathered under INA 245(i), the alien must have been a beneficiary of a legal permanent residence petition filed no later than April 30, 2001. Finally, a common concern of divorcing immigrants is “What happens if my spouse refuses to sign the divorce papers?” The truth is you do not need your spouse’s signature to obtain a divorce in California. You only need to provide your spouse notice that you filed a divorce by personally serving your spouse the divorce petition and summons. In countries that are members of the Hague Convention, special procedures need to be followed to effect service. So yes it is possible to divorce your spouse even if your spouse is in a country that does not recognize divorce among its citizens such as the Philippines. For some immigrants, filing for divorce opens up opportunities in this land of milk and honey. *** Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, P.C. This article is not a solicitation. *** Attorney Kenneth Ursua Reyes is a Board Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APLC. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@kenreyeslaw.com or visit our website at Kenreyeslaw.com (Advertising Supplement)
Protecting Employee & Consumer Rights Atty. C. Joe SAyAS, Jr. EDGAR Orozco was an electrician working as an hourly employee for Ardent Companies, Inc., which provide services to drilling operations off the California coast, including on fixed off-shore oil platforms. Ardent Companies employees work on these oil platforms and travel between them. The workers are assigned to work in “hitches.” During their hitch, employees also spend their time either on vessels traveling to, from, and between oil platforms or being on the oil platforms themselves. The employees’ hitches begin on California soil, where they wait for a vessel to transport them to an oil platform. While they wait, they are required to attend safety briefings. The employees then board their vessel and travel to an oil platform. Some employees travel to and from the platform by helicopter. Regardless of how the employees travel to the oil platform, they must use the transportation provided by the employer. The employees cannot realistically leave their vessel, helicopter, or oil platform. Their confinement ends only upon their return to California soil, when they disembark from the vessel or helicopter. The employer’s policy and practice is to pay their hourly employees for twelve hours each day, regardless of the
amount of time they actually spent during the hitches. Therefore, employees are not paid for controlled stand-by time (e.g., time spent on the platform between 6 p.m. and 6 a.m., and relieving employees who worked the 6 a.m. to 6 p.m. shift), even though this entire time was considered on-call time and even though the employees were deprived of several freedoms during this time. Orozco sued the employer in a class action, alleging, among other things, that the employer violated California law by not paying them all hours worked during the time they were confined to the workplace, i.e., on the employer’s vessels and platforms. In their complaint, the employees asked to be paid for: a. Time spent on the employer’s premises due to the reasonable inability to leave; b. Time spent on-call on the employer’s premises and engaged to wait; c. Time spent wearing, taking off, and retrieving job-related protective gear before and after working their 12-hour shifts; e. All time spent traveling to and back from shore; and g. Time spent sleeping on the employer’s premises during a required shift. Under California law, employees must be paid for all hours worked. Hours worked means “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” An employee who is subject to an employer’s control does not have to be “working” during that time in order to be paid. Whether on-call time should
VAWA self-petition... PAGE B5 injured self-petitioner and affidavits would be also be relevant. *** ATTY. RHEA SAMSON is the principal of SAMSON LAW FIRM, P.C. She has been a member of the State Bar of California for
over 15 years and the Integrated Bar of the Philippines for over 20 years. Atty. Samson received her Legal Management degree from the Ateneo de Manila University and her Juris Doctor degree from the Ateneo Law School. She was a Professor for over 10 years, teaching Obligations and Contracts, Labor Laws and
be paid depends on the extent of the employer’s control. When an employer directs, commands or restrains an employee from leaving the work place and thus prevents the employee from using the time effectively for his or her own purposes, that employee remains subject to the employer’s control. According to the definition of hours worked, that employee must be paid. The employees of Ardent argued that even though they were not technically working during hitches, they were restrained to their workplace for the entirety of their hitches and were not free to leave. They could not use the time effectively for their own purposes and always remained subject to the employer’s control. Rather than proceed to trial, the parties reached a settlement with the employer agreeing to pay $2,325,000 to the class. This case illustrates that employees’ right to wages does not only depend on their actual performance of work. The employers’ obligation to pay arises also in those other occasions when they exercise control over employees that restrict the latter’s ability to leave the work premises. *** The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at nocost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw. com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.] (Advertising Supplement) Social Legislation and Taxation Law. Atty Samson is the author of The Law on Obligations and Contracts (2016), Working with Labor Laws-Revised Edition (2014) and Working with Labor Laws (2005). SAMSON LAW FIRM, P.C., 3580 Wilshire Boulevard, Suite 1710, Los Angeles, CA 90010; Phone: (213) 3815710; Email: info@ samsonlawfirmpc.com. (Advertising Supplement)
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