NOVEMBER 28-DECEMBER 1, 2020 Volume 30 - No. 94 • 2 Sections – 18 Pages
Balikbayans, family allowed to enter PH visa free starting Dec. 7 by RITCHEL
MENDIOLA AJPress
FORMER Filipino citizens or “balikbayans” will be allowed to enter the Philippines visa-free starting December 7, Malacañang said on Friday, November 27. Their spouses and children, regardless of age, are permitted entry into the country without a visa requirement as well. According to Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) Resolution No. 85, they are allowed to enter into the country provided that they have a quarantine facility booked and a swab test scheduled at any Philippine airport. “They, too, must be subject
to the maximum capacity of inbound passengers at the port and date of entry,” the resolution read. Filipino citizens’ foreign spouses and children are likewise permitted entrance to the country. Presidential Spokesperson Harry Roque said that the Philippine Bureau of Immigration has been directed to formulate guidelines to ensure the policy’s smooth implementation. The Philippine Department of Tourism, meanwhile, was directed to issue separate guidelines on providing sufficient accommodation for returning spouses and children of Filipinos. Tourism Secretary Bernadette Romulo-Puyat
welcomed the decision to allow balikbayans to return to the Philippines during the Christmas season. “This not only bodes well for our ailing industry but is good tidings for our kababayans who have been clamoring to be reunited with their loved ones from abroad, especially this yuletide season,” she said in a statement on Friday. She also noted that balikbayans are considered as a viable source market to the Philippines’ tourism sector. “Balikbayans are considered as a viable source market of the country for tourism, particularly extending to the second and third generation dependents who have yet to discover their u PAGE A2
OPEN AGAIN. Philippine Tourism Secretary Bernadette Romulo-Puyat and other officials walk through the “sapot” or web-style view deck during the reopening of the Masungi Georeserve in Baras, Rizal on Wednesday, November 25. The Department of Tourism has been very supportive of efforts to promote sustainable tourism and its role in the conservation of nature, livelihoods, and addressing climate change. PNA photos by Robert Oswald P. Alfiler
US places 18th, PH LA County officials prepare for holiday COVID-19 cases spike, introduce more safety measures 46th in global COVID DATELINE USA More than 5,000 cases reported on Thanksgiving as more residents ignore government recommendations to stay home for the holidays Fil-Am coach Mike Magpayo resilience ranking FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
intent on opening doors for other AAPI coaches
BACK in July, Filipino American coach Mike Magpayo made history by becoming the first U.S. NCAA Division 1 head coach of Asian descent. He was named head coach of University of California (UC) Riverside, which is a feat in and of itself. Mike Magpayo “People of Asian Photo courtesy of UC Riverside descent make up a disproportionately small number of professional athletes in the majority of professional leagues, as well as in the NCAA,” Sports Illustrated wrote in its feature on Magpayo published Wednesday, November 25. “More than 18.6 million Asians live in the United States. Of the more than half a million NCAA athletes who compete every year, u PAGE A5
For nurses feeling the strain of the pandemic, virus resurgence is ‘paralyzing’ FOR Christina Nester, the pandemic lull in Massachusetts lasted about three months through summer into early fall. In late June, St. Vincent Hospital had resumed elective surgeries, and the unit the 48-year-old nurse works on switched back from taking care of only COVID-19 patients to its pre-pandemic roster of patients recovering from gallbladder operations, mastectomies and other surgeries. That is, until October, when patients with coronavirus infections began to reappear on the unit and, with them, the fear of many more to come. “It’s paralyzing, I’m not going to lie,” said Nester, who’s worked at the Worcester hospital for nearly two decades. “My little clan of nurses that I work u PAGE A4
related cases, hospitalizations and deaths continue to surge throughAJPress out the county. DESPITE the persistent urging LA County Department of THE United States ranked 18th and the Philippines of lawmakers to stay at home for Public Health confirmed 24 new 46th among 53 countries when it came to handling the the holidays, Los Angeles County deaths and 4,544 new cases of novel coronavirus pandemic most effectively, according residents continue to break social COVID-19, as of Friday, Nov. 27. to a Bloomberg study released this week. distancing and pandemic proto- The five-day average of new cases In the report entitled ‘The Best and Worst Places to cols to celebrate as coronavirus- is 4,751. Be in the Coronavirus Era,’ published on Tuesday, Nov. 24, Bloomberg surveyed 53 economies of over $200 billion on several key metrics such as increase in cases to the overall mortality rate, testing capabilities, lockdown impact, community mobility, GDP growth forecast, and agreements on vaccine supply. The news organization then gave the economies a score from 0 to 100, with 100 being the best. by RITCHEL MENDIOLA Baguio in Benguet, Lucena in The United States managed to nab a spot in the top 20, AJPress Quezon, Batangas City in Batandespite having the highest number of COVID-19 cases gas, Capas in Tarlac, Davao City MAKATI, Baguio and Davao and fatalities globally. It ranked 18th with a score of 66.5. in Davao del Sur, and Pagadian in It also has a total of 776 deaths per million and a test City are among the areas in the Zamboanga del Sur. Philippines at high-risk for coropositive rate of 14%. These high-risk areas are la“The lack of an effective response to the virus by the navirus transmission, according belled as such due to their high to a new report. U.S. has been one of the most stunning developments of Experts from the Octa Research daily cases, high positivity rate, the pandemic,” Bloomberg said. Group on Wednesday, November high attack rate, or high hospital “The superpower leads the world in cases and deaths, occupancy due to COVID-19. and its reaction to the crisis has lagged from the start, 25, listed several parts of the PhilThe research group recomippines as high-risk after observfrom a shortage of medical equipment and PPE supplies, mended that local government to the absence of coordination on testing and tracing ef- ing an uptick in new COVID-19 units establish increased testing, cases for the past several days. forts and the politicization of mask-wearing,” it added. In its latest report, Octa clas- contact tracing and isolation to However, the U.S.’ singular focus on treatments and sified as high-risk areas the fol- slow down the spread. u PAGE A2 lowing: Makati in Metro Manila, “Furthermore, in the identified by RITCHEL
MENDIOLA
by KLARIZE
MEDENILLA AJPress
The department introduced a new health order to take effect on Monday, November 30 since the five-day average of cases has consistently been over 4,500. Public and private gatherings with individuals outside of one’s household are prohibited, except u PAGE A4
Makati, Baguio, Davao among areas marked high-risk for transmission
high-risk LGUs, the implementation of more aggressive and effective localized lockdowns with stricter border controls is urgently needed to suppress further viral transmissions,” it added. The experts also warned the public against holding social gatherings among households as they could drive the increase of infections during the holiday season. “To prevent a similar wave here in the Philippines, we encourage the government and u PAGE A2
Trump to nominate retired Fil-Am Army major general as US rep to ASEAN by AJPRESS PRESIDENT Donald Trump intends to nominate a Filipino American retired Army major general to serve as the United States’ representative to the Association of the Southeast Asian Nations (ASEAN), the White House announced on Tuesday, November 24. Major General Eldon P. Regua, who is Filipino and Mexican American, will be nominated to represent the country to the ASEAN with the rank and status of Ambassador Extraordinary and Plenipotentiary. The U.S. Mission to ASEAN, based in Jakarta, Indonesia, works with
ASEAN-member countries like the Philippines to advance “U.S. interests in a peaceful, prosperous, and integrated Southeast Asia that respects the rule of law, upholds the dignity of its people and actively addresses regional and global concerns.” Issues covered include the South China Sea, peace and stability in the region, and trade facilitation. Regua’s father Phillip immigrated to the United States from the Philippines in 1929 and became an agricultural laborer. Regua, a San Jose native, served in the U.S. Army and Army Reserve for 36 years before his retirement in
2013. He last served as Deputy Commanding General/Chief of Staff (Wartime) for the United States Eighth Army headquartered in Seoul, Korea. Prior to that he was the Commanding General of the 75th Training Division of the United States Army Reserve in Houston, Texas. He also served as the Chief of Staff, Assistant Division Commander and then Commanding General of the 104th Training Division in Vancouver, Washington, according to his biography sent by the White House. As of 2010, Regua was the senior most active, or reserve, non-retired u PAGE A2 Major General Eldon P. Regua of the U.S. Army (retired)
A NOvemBer 28-decemBer 1, 2020 • LA WeeKeNd ASIAN JOUrNAL
Balikbayans, family allowed... PAGE A1 t date, has reached about 10 milparents’ roots,” she said. lion. That is why we deem im“The Filipino diaspora to portant the Filipino communi-
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ties abroad as staunch partners in driving visitors to the Philippines,” she added. n
US places 18th, PH 46th in global... “The swelling caseload and risPAGE A1 ing deaths mean it would be 11 vaccines boosted the country in rungs lower otherwise,” Bloomthe rankings. berg explained.
The Philippines received a resilience score of 48.9, with 74 deaths per million and a test positive rate of 5.8%. The country fared the worst among the Asian countries measured in the list which includes Malaysia (29th), Indonesia (19th), Thailand (15th), Hong Kong (12th), and Singapore (11th). Japan ranked the highest in Asia, placing second with a resilience score of 85. It was followed by Taiwan (3rd), South Korea (4th), China (8th), and Vietnam (10th). New Zealand emerged at the top of the list due to its “decisive, swift action.” It received a score of 85.4, with a total of 5 deaths per million and test positive rate of 0%. Mexico, on the other hand, placed at the bottom of the list with a score of 37.6. “Many in the top 10 pioneered and modeled what have emerged as the most effective strategies for fighting COVID-19,” Bloomberg noted. “Border control has been a key element, starting with China’s original cordon sanitaire around Hubei province, which largely shielded the rest of the country from infection,” it added. Bloomberg also pointed out that effective testing and tracing was a hallmark of almost all the top 10, citing South Korea’s approach. “The result is an overall score that’s a snapshot of how the pandemic is playing out in these 53 places right now. By ranking their access to a coronavirus vaccine, we also provide a window into how these economies’ fortunes may shift in the future,” it said. However, Bloomberg stressed that its ranking is not a “final verdict.” “The Ranking will change as countries switch up their strategies, the weather shifts and the race intensifies for a viable inoculation,” Bloomberg said. “Still, the gap that has opened up between those economies at the top and those at the bottom is likely to endure, with potentially lasting consequences in the postCOVID world,” it added. n
DONATION. Donated goods are placed on a table to be given to the elderly by News and Information Bureau (NIB) personnel during their outreach program at the Golden Reception and Action Center for the Elderly and other Special Cases (GRACES), Misamis Extension, BagoBantay, Quezon City on Thursday, November 25. GRACES envisions providing a friendly and home-like atmosphere to vulnerable, disadvantaged, and marginalized senior citizens and other special cases. PNA photo by Robert Oswald P. Alfiler
Trump to nominate retired Fil-Am Army major general... PAGE A1 t flag or general officer of Filipino American ethnicity, as previously reported by the Asian Journal. He is the recipient of numerous awards for his military service, including the Army Distinguished Service Medal with Oak Leaf Clus-
ter and the Legion of Merit with Oak Leaf Cluster. Currently, the retired Army general is the vice president of NextStep Technology, Inc. in Springfield, Virginia. “Train your soldiers and love your families,” Regua said during
his retirement ceremony in March 2013, as reported by the Eighth Army Public Affairs. “Take your job seriously but don’t take yourself seriously. Training is everything, and everything is training — continue to train hard, Eighth Army, and I know you will.” n
Makati, Baguio, Davao among areas marked... PAGE A1 t LGUs to enforce the current GCQ limit of 10 persons per gathering in the NCR and to discourage office parties and other social events, especially as we approach the Christmas season,” the Octa Research said. “Family gatherings should be limited in size and should be celebrated outside to mitigate transmission,” it added. The Octa team likewise urged the national government to continue enforcing safety measures to mitigate the spread of COVID19. “We continue to urge the national and the local governments to strictly monitor and enforce compliance with minimum health standards such as physical distancing, the wearing of face masks and face shields and proper hygiene to reverse the increase in transmissions at the
Baguio City Mayor Magalong shows WHO and DOH how the Baguio Contact Tracing System works. Photo courtesy of WHO
community level,” it said. “Citizens must also continue to be vigilant and disciplined in following the minimum health standards set by the DOH (Depart-
ment of Health),” it added. As of this writing, the country has a total of 424,297 confirmed COVID-19 cases, with 8,242 fatalities and 387,266 recoveries. n
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LA WEEKEND ASIAN JOURNAL • NOvEmBER 28-DEcEmBER 1, 2020
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A NOvemBer 28-decemBer 1, 2020 • LA WeeKeNd ASIAN JOUrNAL
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For nurses feeling the strain of the pandemic... LA County officials prepare for holiday COVID-19... PAGE A1 with, we panicked when it started to uptick here.” Adding to that stress is that nurses are caught betwixt caring for the bedside needs of their patients and implementing policies set by others, such as physician-ordered treatment plans and strict hospital rules to ward off the coronavirus. The push-pull of those forces, amid a fight against a deadly disease, is straining this vital backbone of health providers nationwide, and that could accumulate to unstainable levels if the virus’s surge is not contained this winter, advocates and researchers warn. Nurses spend the most sustained time with a patient of any clinician, and these days patients are often incredibly fearful and isolated, said Cynda Rushton, a registered nurse and bioethicist at Johns Hopkins University in Baltimore. “They have become, in some ways, a kind of emotional surrogate for family members who can’t be there, to support and advise and offer a human touch,” Rushton said. “They have witnessed incredible amounts of suffering and death. That, I think, also weighs really heavily on nurses.” A study published this fall in the
journal General Hospital Psychiatry found that 64% of clinicians working as nurses, nurse practitioners or physician assistants at a New York City hospital screened positively for acute distress, 53% for depressive symptoms and 40% for anxiety — all higher rates than found among physicians screened. Researchers are concerned that nurses working in a rapidly changing crisis like the pandemic — with problems ranging from staff shortages that curtail their time with patients to enforcing visitation policies that upset families — can develop a psychological response called “moral injury.” That injury occurs, they say, when nurses feel stymied by their inability to provide the level of care they believe patients require. Dr. Wendy Dean, co-founder of Moral Injury of Healthcare, a nonprofit organization based in Carlisle, Pennsylvania, said, “Probably the biggest driver of burnout is unrecognized unattended moral injury.” In parts of the country over the summer, nurses got some mental health respite when cases declined, Dean said. “Not enough to really process it all,” she said. “I think that’s a pro-
cess that will take several years. And it’s probably going to be extended because the pandemic itself is extended.” Sense of powerlessness Before the pandemic hit her Massachusetts hospital “like a forest fire” in March, Nester had rarely seen a patient die, other than someone in the final days of a disease like cancer. Suddenly she was involved with frequent transfers of patients to the intensive care unit when they couldn’t breathe. She recounts stories, imprinted on her memory: The woman in her 80s who didn’t even seem ill on the day she was hospitalized, who Nester helped transport to the morgue less than a week later. The husband and wife who were sick in the intensive care unit, while the adult daughter fought the virus on Nester’s unit. “Then both parents died, and the daughter died,” Nester said. “There’s not really words for it.” During these gut-wrenching shifts, nurses can sometimes become separated from their emotional support system — one another, said Rushton, who has written a book about preventing moral injury among health care u PAGE A5
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cally tragic road.” In response to Hahn’s concerns over shutting all restaurants down in the Supervisor meeting on Wednesday, LA County Director Dr. Barbara Ferrer said that she wanted to be “realistic” about the enforcement of the rules. “There are 31,000 restaurants in LA County and our team, as hard as they’re working, get to about 300 [restaurants] a week,” Ferrer said, adding the numerous viral photos of restaurants and patrons disregarding social distancing guidelines. “There may be many other places that are not in compliance.” She added that roughly 19% of restaurants that Public Health has investigated were found to be noncompliant with COVID-19-related safety guidelines. Even if participants wear masks, the risk of viral transmission remains high as the natural urge to remove masks to eat or to drink still poses a danger to the most vulnerable people. Supervisors Hilda Solis and Sheila Kuehl agreed with the decision to shut down in-person dining while acknowledging the hardship of restaurants to stay afloat during shutdowns. Kuehl reflected the sentiments of workers’ rights groups that are worried about the financial impact of servers and other restaurant staff, but said that the shutdown
would make them “more protected. They’ve been worried about things like approaching tables without masks on.” Current county estimates concluded that every patient who tests positive for COVID-19 is passing the virus to an average of 1.27 people, the highest transmission rate in LA County since March. LA County Public Health advises its residents to avoid crowds over the holiday weekend and encourages everybody to conduct their Black Friday shopping online or avoid going to stores during peak hours. As ever, they also urge everybody to stay 6 feet apart from others and to wear a face covering when in public and in close proximity to people outside their homes. The county is in the process of discussing a broader stay-athome order following the restaurant closures and the curfew that was implemented last week. The City of Pasadena announced that it would not follow the ban on inperson dining while the City of Long Beach said it would follow the county’s ban. (Both cities have their own public health departments.) To date, Public Health has identified 387,793 positive cases of COVID-19 across all areas of L.A. County and a total of 7,604 deaths. n
US reaffirms military partnership with PH by Ritchel
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• Family and employment based green cards • Business and Investor Visas • Deportation defense • Motions to Reopen • Appeals • Humanitarian Reinstatement of revoked petition • Naturalization • H-1B and student visas
PAGE A1 for church services and protests. Various businesses will have new occupancy limits, such as essential retail at 35% maximum capacity, non-essential retail at 20%, personal care services at 20% and fitness centers operating outdoors at 50% limit. The day before marked Thanksgiving, and 5,087 new confirmed COVID-19 cases and 37 additional deaths in what was one of the highest single-day totals in the county since the beginning of the pandemic. Hospitalizations of COVID19 cases also jumped from 1,682 to 1,809 in one day with about a quarter of those patients receiving intensive care. The dismal spike in numbers comes one day after the controversial ban on in-person dining took effect across the county after the LA County Board of Supervisors voted to close outdoor dining on Wednesday, Nov. 25. Supervisor Janice Hahn voiced concerns over the financial impact of restaurant closures, saying, “It’s killing me to think that at this point, a few weeks before the holidays, we are considering an order to force restaurants to maybe shut down permanently. We know they will lay off employees if they are restricted to takeout and curbside only. I really don’t think that’s something I want to do. We are careening down another economi-
THE United States on Wednesday, November 25, reaffirmed its steadfast military partnership with the Philippines during the visit of U.S. Secretary of the Air Force Barbara Barrett in Manila. Barrett was welcomed by Philippine Department of National Defense (DND) Undersecretary Cardozo Luna and senior Philippine military officials. She also met by Armed Forces of the Philippines (AFP) Chief of Staff, General Gilbert Gapay as well as Philippine Air Force Commander, Lt. General Allen Paredes. She underscored the strong ties between the Philippines and the U.S., noting the importance of the countries’ alliance to national and regional security. “From joint counterterrorism efforts to humanitarian support, the U.S. and Philippines have a long history of working together to protect global security through
regional stability,” Barrett said. “The U.S. Air and Space Forces look forward to building on our strong relationship with the Philippine military through greater interoperability and training opportunities with the Philippine Air Force, as well as exploring where our nations can cooperate in the space domain,” she added. During her visit, she discussed opportunities for greater bilateral security cooperation as well as highlighted U.S.’ assistance to the Philippines’ COVID-19 response and disaster relief efforts. Luna, for his part, welcomed Barrett’s visit. “We look forward to working with our U.S. counterparts in pursuit of our common goals and interests,” he said. Barrett’s visit follows U.S. national security adviser Robert O’Brien’s trip to Manila wherein he led the ceremonial turnover of $18 million worth of precision guided munitions and other weapons system for use by the military
U.S. Secretary of the Air Force Barbara Barrett met Philippine National Defense Undersecretary Cardozo Luna and senior Philippine military officials on Wednesday, November 25. Photo courtesy of the U.S. Embassy in Manila
to counter terrorism. O’Brien on Monday reiterated that the U.S. will continue to support the Philippines’ claim in the West Philippine Sea. “Our message is we’re going to be here, we’ve got your back, and we’re not leaving,” he said. n
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Fil-Am coach Mike Magpayo intent on opening... PAGE A1
POWER NAP. A tricycle driver snoozes while waiting for passengers on Kaliraya Street in Barangay Tatalon in Quezon City on Friday, November 27. A power nap is a short period of sleep and gives sleepers a burst of alertness and energy. PNA photo by Joey O. Razon
For nurses feeling the strain of the pandemic... PAGE A1 providers. To better handle the influx, some nurses who typically work in noncritical care areas have been moved to care for seriously ill patients. That forces them to not only adjust to a new type of nursing, but also disrupts an often-wellhoned working rhythm and camaraderie with their regular nursing co-workers, she said. At St. Vincent Hospital, the nurses on Nester’s unit were told one March day that the primarily postsurgical unit was being converted to a COVID unit. Nester tried to squelch fears for her own safety while comforting her COVID-19 patients, who were often elderly, terrified and sometimes hard of hearing, making it difficult to communicate through layers of masks. “You’re trying to yell through all of these barriers and try to show them with your eyes that you’re here and you’re not going to leave them and will take care of them,” she said. “But yet you’re panicking inside completely that you’re going to get this disease and you’re going to be the one in the bed or a family member that you love, take it home to them.” When asked if hospital leaders had seen signs of strain among the nursing staff or were concerned about their resilience headed into the winter months, a St. Vincent spokesperson wrote in a brief statement that during the pandemic “we have prioritized the safety and wellbeing of our staff, and we remain focused on that.” Nationally, the viral risk to clinicians has been well documented. From March 1 through May 31, 6% of adults hospitalized were health care workers, one-third of them in nursing-related occupations, according to data published last month by the Centers for Disease Control and Prevention. As cases mount in the winter months, moral injury researcher
Dean said, “nurses are going to do the calculation and say, ‘This risk isn’t worth it.’” Juliano Innocenti, a traveling nurse working in the San Francisco area, decided to take off for a few months and will focus on wrapping up his nurse practitioner degree instead. Since April, he’s been seeing a therapist “to navigate my powerlessness in all of this.” Innocenti, 41, has not been on the front lines in a hospital battling COVID-19, but he still feels the stress because he has been treating the public at an outpatient dialysis clinic and a psychiatric hospital and seen administrative problems generated by the crisis. He pointed to issues such as inadequate personal protective equipment. Innocenti said he was concerned about “the lack of planning and just blatant disregard for the basic safety of patients and staff.” Profit motives too often drive decisions, he suggested. “That’s what I’m taking a break from.” Building resiliency As cases surge again, hospital leaders need to think bigger than employee assistance programs to backstop their already depleted ranks of nurses, Dean said. Along with plenty of protective equipment, that includes helping them with everything from groceries to transportation, she said. Overstaff a bit, she suggested, so nurses can take a day off when they hit an emotional cliff. The American Nurses Association, the American Association of Critical-Care Nurses (AACN) and several other nursing groups have compiled online resources with links to mental health programs as well as tips for getting through each pandemic workday. Kiersten Henry, an AACN board member and nurse practitioner in the intensive care unit at MedStar Montgomery Medical Center in Olney, Maryland, said that the nurses
and other clinicians there have started to gather for a quick huddle at the end of difficult shifts. Along with talking about what happened, they share several good things that also occurred that day. “It doesn’t mean that you’re not taking it home with you,” Henry said, “but you’re actually verbally processing it to your peers.” When cases reached their highest point of the spring in Massachusetts, Nester said there were some days she didn’t want to return. “But you know that your friends are there,” she said. “And the only ones that really truly understand what’s going on are your co-workers. How can you leave them?” (Charlotte Huff/Kaiser Health News) This story was produced by Kaiser Health News, an editorially independent program of the Kaiser Family Foundation.
just 1% of them are Asian. That number gets even smaller when carried over to the professional level; in 2015, Asian players made up only 0.2% of the NBA,” it added. Magpayo, 41, was the defensive coordinator at UC Riverside before replacing David Patrick as head coach. He also had stints at University of San Francisco, Campbell University, and Columbia University before making his way to UC Riverside in 2018. Outside the NCAA, Magpayo is the founder and president of the Asian Coaches Association, an organization that unifies, supports, and elevates all Asian coaches beyond just the basketball community. “I hope I can open the door for other Asian coaches… that’s the mission,” he told Sports Illustrated. However, Sports Illustrated noted that while Magpayo and his organization continue to open doors in the sports industry for Asians, “his own door has been wavering shut.” UC Riverside in August began considering eliminating its entire athletic program to address the financial deficits that the school is experiencing due to the global health crisis. “A number of Power 5 universities have already eliminated several sports teams—including Stanford’s rowing program and Minnesota’s indoor and outdoor track and field teams—though no
one in 2020 has ended athletics entirely,” said Sports Illustrated. “But for a non-Power 5 school like UC Riverside, which additionally lacks a lucrative football program (the Highlanders’ football team is a member of the NCAA’s Division II), a notion to cut its entire athletic program could be seen as justifiable,” it added. Magpayo, for his part, expressed disbelief over the situation. “I know it’s about dollars and cents and we’re in a once-in-acentury pandemic, but I just truly
believe in the value of athletics and sports in general. Especially in a pandemic … I just can’t imagine it,” he said. On the bright side, the Filipino coach will remain steadfast in his goal to continue opening doors for future basketball generations despite the uncertainty he currently faces. “And those inspired by his presence as a coach can clearly see how crucial it is to keep his own door open,” Sports Illustrated concluded. (Ritchel Mendiola/ AJPress)
A6 NOVEMBER 28-DECEMBER 1, 2020 • LA WEEKEND ASIAN JOURNAL
OPiniOn
Investigating congressmen
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FeatURes
AS a special commission formed to go after corrupt officials linked nearly a dozen congressmen to alleged anomalies in the Department of Public Works and Highways, Philippine President Rodrigo Duterte said he would not name the lawmakers and his office would not investigate members of an independent and a co-equal branch of government. But the President, who has publicly named mayors and other public officials linked to the illegal drug trade, is allowing the Department of Justice to conduct the probe. The DOJ has said it would forge ahead with an investigation of the congressmen together with the DPWH officials and private contractors linked to questionable transactions in the department. Commissioner Greco Belgica of the Presidential Anti-Corruption Commission said the congressmen’s names cropped up in the course of the PACC’s investigation of reports that commissions and kickbacks were being collected by certain lawmakers from contractors that they picked to carry out their pet projects under the DPWH. Public Works Secretary Mark Villar, for his part, has said 11 show-cause orders have been issued to several DPWH officials and personnel in connection
Editorial
The Fil-Am Perspective GEL SANTOS-RELOS WHAT are we grateful for as a nation this Thanksgiving? While President Donald Trump has not yet conceded defeat in the election declared by his own election officials to be clean and secure, despite Biden winning both the electoral vote and the popular vote using the same processed that made Trump “President-Elect” in 2016, we are grateful that after 17 days, the peaceful and orderly transition of executive power will begin on Monday. This much awaited and much needed development finally became a reality when on Monday, November 23, Emily Murphy, the head of the General Services Administration (GSA) officially authorized President-elect Joe Biden to begin his transition to the presidency on Monday. Here are the facts and timeline as reported by Forbes: • In the letter, provided to Forbes by both the GSA and the Biden transition, Murphy, a Trump appointee, said she would “make certain post-election resources available to assist in the result of a presidential transition.” • Murphy said she arrived “independently” at the decision to ascertain Biden’s apparent victory after refusing to do so for three weeks following the election, claiming she was “never directly or indirectly pressured by any Executive branch official. • Shortly after the letter became public, Trump tweeted that Murphy was “harassed, threatened, and abused” and claimed he was
Commentary
ENRIQUE
DE LA CRUZ
A WORKSHOP that I enjoy leading, pre-COVID-19, is one I developed for our Filipino immigrant community. It is based on Stanford University’s Chronic Disease Self Management Program, a program that is now widely adopted by several organizations including AARP. The focus of this program is to assist those with chronic illnesses like diabetes, asthma and cardiovascular disease to manage their symptoms more effectively. I will not be writing about this workshop here. Information about it is widely available over the internet. But I would like to start a conversation with our Asian Journal readers on a topic that I cover at these workshops. Why do we often have difficulty acting in our own best interests, when it comes
with questionable contracts. Villar has formed a task force against graft and corruption in the department that has long been tagged in surveys as one of the most corrupt govern-
ment agencies. It is not the first time that congressmen, who earmark pet projects for DPWH implementation, have been linked to anomalies in the department. Previously there have been reports that even contractors that did not meet the criteria of the department were forced on the DPWH. At least one contractor was debarred by the World Bank from road projects that it co-funded due to what the WB said was collusion in bidding. Bypassing the qualifying criteria for contractors has been partly blamed for substandard road construction, repair and maintenance in certain areas. For honest people in the DPWH to stop the irregu-
Philstar.com photo
larities including those attributed to lawmakers, the department personnel will need the full backing of the Chief Executive. The President recently said he would give priority to the fight against corruption until the end of his term. He is urging the public to text 8888 for
anonymous tips on corruption in government. The anti-corruption body of his office has given him not just a tip but a report on suspected irregularities in the DPWH. Members of Congress are not exempt from laws against corruption and unethical conduct. (Philstar.com)
What America should be grateful for this Thanksgiving: Transition to Biden presidency authorized even if Trump still refuses to concede “recommending that Emily and her team do what needs to be done with regard to initial protocols, and have told my team to do the same.” • Murphy took aim at the Presidential Transition Act of 1963 – which empowers the GSA provide transition resources to the president-elect, which it defines as the “apparent successful candidate” – claiming it “provides no procedures or standards for this process” and urging Congress to amend it. • Murphy said she would make $6.3 million set aside for the transition available to Biden along with $1 million for appointee orientation while noting that the transition team is required to report their spending to the GSA. • The Biden transition said in a statement that the decision would provide them with “the resources and support necessary to carry out a smooth and peaceful transfer of power” calling it a “needed step” in “tackling the challenges facing our nation.” Whatever really happened behind the scenes, what is important is we can now look forward to the Biden Administration being ready to take over on January 20, 2021 without disruption of key executive function and services especially when it comes to national security and the war against COVID-19. The Biden transition team will now be getting the needed information and resources to needed to be ready with all the plan of action ready for execution when Joe Biden and Kamala Harris are
sworn in as President and Vice President respectively. Trump’s not conceding will not stop the lawful transfer of power pursuant to the Constitution and the rule of law, respecting the will of the people as voiced out decisively in the election. Joe Biden has garnered more than 80 million votes - the highest number of popular votes in U.S. history. Joe Biden has already started the process to be ready on Day One as President the moment he was projected to be PresidentElect on November 7. He has organized his coronavirus task force composed of health experts and scientists. The President-Elect has also announced on November 23 his nominees and appointees for key foreign policy and national security posts. When it comes to Biden’s pick for cabinet positions, the Washington Post reported that “inn contrast to President Trump’s notably White and male Cabinet, Biden has promised to be “a president for all Americans” and build a Cabinet that reflects its diversity.” What else are we grateful for as a nation this Thanksgiving? Let me share an excerpt from the Thanksgiving message of President-Elect Joe Biden: What should we give thanks for in this season? First, let us be thankful for democracy itself. In this election year, we have seen record numbers of Americans exercise their most sacred right — that of the vote — to register their will at the
ballot box. Think about that. In the middle of a pandemic, more people voted this year than have ever voted in the history of America. Over 150 million people cast a ballot. That is simply extraordinary. If you want to know what beats deep in the heart of America, it’s this: democracy. The right to determine our lives, our government, our leaders. The right to be heard. Our democracy was tested this year. And what we learned is this: The people of this nation are up to the task. In America, we have full and fair and free elections, and then we honor the results. The people of this nation and the laws of the land won’t stand for anything else. Through the vote — the noblest instrument of nonviolent protest ever conceived — we are reminded anew that progress is possible. That “We the People” have the power to change what Jefferson called “the course of human events.” That with our hearts and hands and voices, today can be better than yesterday, and tomorrow can be better still. We should be thankful, too, that America is a covenant and an unfolding story. We have what we need to create prosperity, opportunity and justice: Americans have grit and generosity, a capacity for greatness and reservoirs of goodness. We have what it takes. Now we
must act. And this is our moment — ours together — to write a newer, bolder, more compassionate chapter in the life of our nation. The work ahead will not be easy. And it will not be quick. You want solutions, not shouting. Reason, not hyper-partisanship. Light, not heat. You want us to hear one another again, see one another again, respect one another again. You want us — Democrats and Republicans and Independents — to come together and work together. And that, my friends, is what I am determined to do. Americans dream big. And, as hard as it may seem this Thanksgiving, we are going to dream big again. Our future is bright. In fact, I have never been more optimistic about the future of America than I am right now. I believe the 21st Century is going to be an American Century. We are going to build an economy that leads the world. We are going to lead the world by the power of our example — not the example of our power. We are going to lead the world on climate and save the planet. We are going to find cures for cancer and Alzheimer’s and diabetes. And we are going to finally root out systemic racism in our country. On this Thanksgiving, and in
anticipation of all the Thanksgivings to come, let us dream again. Let us commit ourselves to thinking not only of ourselves but of others. For if we care for one another — if we open our arms rather than brandish our fists — we can, with God’s help, heal. And if we do, and I am sure we can, we can proclaim with the Psalmist who wrote: “The Lord is my strength and my shield … and with my song I give thanks to him.” And I give thanks now: for you and for the trust you have placed in me. Together, we will lift our voices in the coming months and years, and our song shall be of lives saved, breaches repaired, and a nation made whole. From the Biden family to yours, wherever and however you may be celebrating, we wish you a Happy Thanksgiving. God bless you, and may God protect our troops. *** 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.
Cultural challenges to staying healthy and COVID-19 safe this holiday season to our health? At the beginning of the workshop, I ask, “How many of us suffer from some form of chronic illness, like diabetes, hypertension, asthma, arthritis, etc.?” The show of hands is almost everyone including myself. I then follow this up with “what are some problems you have in managing your illness effectively?” Over the many iterations of this workshop, participants have invariably identified cultural factors, such as food and the many norms associated with it as posing challenges. For example, when you visit a home, food is automatically offered, a merienda if its in between meal times, and it’s impolite to refuse. When you come to a party, the host expects you to eat heartily —nevermind that the food may not be compliant with your dietary restrictions. When a friend arrives from out of town, we get together over food. If you arrive after a meal, you are asked,
“Kumain ka na ba?” Food is the medium that greases our social interactions. For many of us, especially diabetics like me, we must observe dietary restrictions. Since many of our social interactions involve food, keeping to these restrictions is difficult. Then there are the comfort foods that are noncompliant with dietary rails for diabetics. Diabetes is, in layman’s terms, having excessive sugar/glucose in our blood. The solution sounds simple enough, reduce consumption of sugars and carbohydrates which are metabolized into glucose. But our culture creates challenges that keep us from effectively managing our symptoms. We have a sweet tooth: leche flan, kakanin, and the many traditional cakes we make from sweet rice include sugar. Our staple diet involves rice, large helpings of it. Reducing our intake of foods that metabolize into glucose requires
changing our traditional diet and avoiding the many comfort foods we are used to. Even with admonitions from family, lapses are common. I remember having lunch with a famous writer. He was having one of those huge hamburgers. He dug into it with apparent gusto, saying, “My wife would give me so much grief, if she found out what I am having now.” Without the pandemic, it is challenging to manage our health issues because these involve behavioral and lifestyle changes to habits that are routine. Most of us like the way we live our lives. Even in normal times, it is challenging to make behavioral changes for our health issues. The COVID-19 pandemic has made these behavioral changes even more difficult as the recommendations from professionals run against the grain of our social instincts. Avoid the 3 C’s: crowded places, closed spaces, and
close contact. Practice the 3 W’s: wear a mask, watch distance, and wash hands. Yes, these are doctor’s orders, but we are social animals and build relations and community through social behavior. Add a layer of cultural habits, and the challenge increases. Asians and Latinos are noted for large extended families. It is not unusual for us to have multigenerational households. The parents seed the immigrant family (spouse and children). They then sponsor their parents, and may have U.S.-born children. But shortly afterwards, their siblings (aunts and uncles to their children) follow suit. And the extended family continues to grow with families of aunts, uncles, and cousins. Large extended families are not unusual in immigrant communities. Every adult member counts to adequately provide for family and children. Culturally, since immigration
forces immigrants to abandon their established social networks in the Philippines, family members become even more central to their social life. Family celebrations and gatherings acquire more meaning. Absence at a celebration can be interpreted negatively. Among Filipinos, these celebrations often center around food, copious amounts of it. With an extended family, celebrations are endless. Let’s follow this trail. How compliant can we be with 3-C and 3-W admonitions at these gatherings? It’s hard to wear a mask when an event centers around food and conversation. It’s just as difficult to socially distance as folks crisscross each other’s paths around the food table. Conversations are difficult to hold at an appropriately distanced setting—especially if two other conversations are happening within earshot
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Dateline PhiliPPines
DAteline PhiliPPines
Duterte names Arroyo adviser of Clark projects by AJPress Malacañang on Thursday, november 28, confirmed that Philippine President Rodrigo Duterte appointed former President gloria Macapagal-arroyo as his adviser for the clark Freeport Zone programs and projects. arroyo was chosen for her “vast experience” leading the country and for her “great concern” for Pampanga. She will be compensated P1 per year, according to Presidential Spokesperson Harry Roque. “We confirm that President Rodrigo Roa Duterte has signed the appointment of former President and former Speaker gloria Macapagal arroyo as Presidential adviser on clark Flagship Programs and Projects, with compensation rate of One Peso (P1.00) per annum, on nov. 24, 2020,” he said. He added, “arroyo’s wisdom and her vast experience as a former head of state and head of government, coupled with her great concern in her native Pampanga, would be valuable as she would assist the administration in the planning and execution of programs and projects to turn clark as the next premier metropolis of asia.” arroyo thanked Duterte and vowed to turn clark into “asia’s economic powerhouse in the 2020s.” “In this time of pandemic and
Philippine President Rodrigo Duterte and former President Gloria Macapagal-Arroyo during a courtesy visit in Malacañang. Malacañang photo by King rodriguez
the worst global recession in nearly a century, the rapid harnessing of the clark-Subic service logistics corridor for jobs, investment and inclusive development is indispensable for national recovery,” she said in a statement. “This is an immense undertaking that was one of my priority thrusts during my presidency, and I am grateful to President Rodrigo Duterte for his trust in empowering me to provide advice on this economy-boosting initiative once more,” she added. The Bases conversion and Development authority, which leads the construction of the national government administrative center (ngac) inside new
clark city, welcomed arroyo’s appointment. “Her wisdom and gravitas will be invaluable in making the vision of clark as the next premier metropolis of asia a reality,” it said in a statement. The clark Freeport Zone is located in Pampanga, arroyo’s home province. after being the country’s president from January 2001 to June 2010, arroyo served as congresswoman of Pampanga’s second district for three consecutive terms. She became House Speaker from 2018 to 2019 and currently serves as a consultant of the Pampanga provincial government. n
PH signs COVID-19 vaccine deal with AstraZeneca by Ritchel
Mendiola
AJPress
THE Philippines on Friday, november 27, will sign a tripartite agreement for two million doses of astraZeneca’s vaccine against the novel coronavirus, according to the country’s vaccine czar carlito galvez Jr. “This coming Friday, pipirma po tayo ng tripartite agreement na kung saan tayo po ay makakabili ng dalawang milyong doses ng bakuna mula sa astraZeneca ng United Kingdom. Kasama po natin ang pribadong sektor na nagdonate nito (We will sign a tripartite agreement where we can buy two million doses of Astrazeneca of the United Kingdom. We will be with the private sector who donated),” he said Thursday.
The two million doses will be funded by the private sector as the national government negotiates with the British vaccine maker for 20 million doses using public money. “We will negotiate (for the possible purchase of vaccines using) public money. The 2.2 million (doses) involves private money and the negotiations with astraZeneca are ongoing. Our deadline is this november...We still have strategies to continue the 20 million access to astraZeneca,” galvez said. Meanwhile, Presidential Spokesperson Harry Roque said that the vaccine deal would help in strengthening the partnership between the public and private sector in dealing with the cOVID19 pandemic.
“They (private sector) will coshare in the responsibility (to protect) the economy by vaccinating their own people and their own stakeholders, especially the laborers with small wages that the President mentioned. We will prioritize them in the vaccination,” he said. Roque also assured that no politics would happen in the distribution of vaccines. “If you look at the vaccine roadmap, (it) will last for three to five years. It’s beyond political color; it’s beyond political years of the election,” he said. “If there is politics... the President would not give vaccines to his rivals... but the President is not like that. Everyone needs a vaccine and it will be given to every-
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UP, 7 other universities among Asia’s best by John
eRic Mendoza ManilaTimes.net
THE University of the Philippines (UP) ranked 69th, while seven state universities and colleges (SUCs) in the country made it to the 2021 Quacquarelli Symonds (QS) Asian University Rankings for the first time. UP was three spots higher from its ranking last year. The seven newcomers are: Ateneo De Davao University (501 to 550); Mindanao State University-Iligan Institute of Technology (551 to 600); and Adamson University, Central Luzon State University, Central Mindanao University, Central Philippine University
and Xavier University (601-plus range). Except for UP, three from the “Big 4,” the Ateneo de Manila University (135), De La Salle University (166) and University of Santo Tomas (186), all dropped out from this year’s list. The University of San Carlos (451 to 500), Mapua University (501 to 550) and Silliman University (501 to 550) were also listed among Asia’s top 650. The Commission on Higher Education (CHEd) said the number of tertiary institutions that made it to the QS rankings this year was the largest by far. “The recognition given to the additional HEIs (higher education
institutions) as among the best in Asia is welcome news to show that our efforts to provide access to quality education are bearing fruit,” Chairman Prospero de Vera 3rd said in a statement. CHEd attributed this to government programs like the Universal Access to Quality Tertiary Education Act that provides free tuition and miscellaneous fees to 1.3 million college students and financial assistance to some 1.8 million others. De Vera announced that 14 more state universities and colleges subjected themselves to preliminary QS evaluation this year in a bid to be part of next year’s list. n
PH signs COVID-19 vaccine deal with... PAGE A7 t
announced that its COVID-19 vacone,” he added. cine was 70% effective in pivotal The AstraZeneca vaccine for trials and could be up to 90% efCOVID-19 is being developed with fective. Oxford University in the United Galvez said the government inKingdom. It has a zero-profit pro- tends to vaccinate 25 to 30 million gram for 2021, meaning the vac- Filipinos per year. cine will be priced cheaper. “Ang atin pong target ay magEarlier, the pharmaceutical firm karoon po tayo ng herd immunity
LIVELIHOOD AID. Turkish Ambassador to the Philippines Artemiz Sumer (right) talks with sewing machine operator Sarah Fergie Villarama,
na ma-vaccinate po natin ang together with Manila Mayor Francisco “Isko Moreno” Domagoso and TIKA Philippines Country Director Mustafa Kerimoglu (partly hidden), more or less 60 to 75 million [Fili- during the turnover of 50 brand new sewing machines at the Universidad de Manila on Thursday, November 26. The donation includes 10 PNA photo by Avito C. Dalan pinos] para ma-contain po natin cutting and edger machines and chairs. ang (Our target is to acquire herd immunity that could vaccinate more or less 60 to 75 million Filipinos to contain the) virus effectively with the herd immunity,” by KRistine Joy Patag Philstar.com he said. n
DOJ: ‘Drug war’ review report to be released in Dec. MANILA — The release of the Philippine government’s initial report on the “drug war” operations that resulted in deaths will be released in December instead of November due to recent typhoons. Justice Secretary Menardo Guevarra, whose department leads the review panel, said the recent calamities cost days to work on the report. “The review panel is drafting the initial report. We lost a number of working days due to recent calamities, so we may be constrained to submit it in December. Kindly bear with us,” he told reporters Friday, November 27. The review panel is supposed to release its initial report in November. In the past two months however, three powerful storms battered Luzon. Typhoon Ulysses, the latest of the three, hit Metro Manila and Southern Luzon hard on November 12 and caused widespread flooding. DOJ’s high-profile tasks Guevarra told the United Na-
Philippine Justice Secretary Menardo Guevarra
tions Human Rights Council last June 30 that they will release a report by the end of November. The “drug war” review panel figured in significantly in the UNHRC’s resolution released in October that pushed for capacity building to improve human rights situation in the Philippines, but stopped short in launching an independent, on-the-ground investigation, which rights groups have been calling for. But the “drug war” review panel is not the only high-profile task the DOJ is leading.
Philstar.com photo
The justice department is also conducting a corruption probe into the “entire government,” President Rodrigo Duterte’s latest order to Guevarra. The Administrative Order 35 Task Force conducting investigations into politically-related killings is also under the DOJ. The panel is conducting a probe into the murder of peasant leader Randall Echanis and rights worker Zara Alvarez this year. Guevarra said the AO 35 Task Force will hold a Human Rights Summit on December 7. n
No warrants issued against Sanofi execs over Dengvaxia deaths by Red
Mendoza ManilaTimes.net
THE manufacturer of the antidengue fever vaccine Dengvaxia said it has not received any warrants of arrest pertaining to the criminal charges filed against three of its officials. This comes after the Quezon City Regional Trial Court has ordered arrest warrants to be issued against former Health Secretary Janette Garin and SanofiPasteur executives Stanislas Camart, Jean Louis Grunwald and Jean Francois Vacherand for reckless imprudence resulting in homicide for the deaths of MarcAxl Eboña and Zandro Colite. In a statement sent to The Manila Times, Sanofi Pasteur said it has not received any warrants against its officers because “there have been no convictions on all of the criminal charges filed against any of our officers.”
It added that there had not been “a finding of liability on any of our officers as the litigation is still at the preliminary stages.” “We respect the legal process and our lawyers are handling the legal issues, the details of which are currently under the court’s consideration,” the statement read. It also reiterated its position that Dengvaxia is “safe and efficacious,” which is consistent with the World Health Organization’s (WHO) position on the vaccine that had led to its inclusion of Dengvaxia in its “List of Essential Medicines.” Sanofi Pasteur added that Dengvaxia was granted by European Medicines’ Agency and the US Food and Drug Administration a market authorization for the vaccine for use in highendemic areas in Europe and the United States.
“In March 2020, the WHO awarded prequalification status to the Sanofi dengue vaccine underlying its quality, safety, and efficacy,” it added. In a press briefing on Wednesday, Health Secretary Francisco Duque III has maintained his innocence in the controversy, saying that the cases that were filed against him had been dismissed and reiterating that he took no part in the decision-making process in the inoculation of students. “It was proven that I had not been part of the decision-making process in the vaccination using Dengvaxia,” Duque said in Filipino. He added that he believes that the new cases that will be filed against him will be dismissed as there is no evidence that would point to him as being part of those who were inoculated by the vaccine. n
Cultural challenges to staying healthy and... PAGE A6 t
of each other. We resolve this by getting closer. In multi-generational settings, kids are playing games, running around with their cousins, deftly avoiding running into grownups as one would be running around in a forest of trees. Even if we put on masks after eating, we are usually carrying around coffee or some beverage. They come off again whenever we take a sip—and most likely, we just keep them off. Definitely a nightmare scenario for a professional like Dr. Fauci. All it takes is one infectious person in the group to have a super spreader—and we have heard of these stories. The scenario I have sketched is not uncommon among immigrants, Asian or Latino, as we are known for large extended families. It is no surprise then that scholars find minority communities especially immigrant communities bearing a disproportionately larger burden of COVID-19 infections. Given our cultural predispositions, can we manage our infection risks more effectively? I have no specific solutions. Only suggestions on how we might navigate through our cultural thicket amidst COVID-19. Admit that our culture poses challenges to staying healthy and COVID-safe. Our culture has been our guide for navigating through daily life, reducing many choices and decisions to the level of a routine. Under COVID-19, health professionals are asking us to behave
in ways that go against our instincts and culture. Socially distance, when we are social animals; wear a mask, when the smile on our faces is our most basic form of greeting. Avoid crowds, when coming together is our way of building relations and community. Gatherings with our extended families always involve food, which precludes wearing a mask at all times and the value we assign to family gatherings add a layer of behavioral tendencies that increase our risks. We need to act with greater intentionality and awareness rather than habitually to avoid culturally layered risk-taking. Our attitudes toward health also play a role. For many, health is an individual thing. We decide what to eat, whether to be compliant with doctor’s orders and prescriptions, whether to stay active and exercise regularly; these are all individual choices. But staying covid-safe requires a community effort; a shared sense of responsibility for everyone’s health, not just yours. Staying healthy (and safe) during this pandemic is a collective endeavor. We avoid infection only if we collectively control its community spread. Thus we need to think in terms of our collective health rather than our individual health. E.g., wearing a mask by yourself does not help much in a gathering if others do not behave likewise. Keeping everyone safe in a family gathering is a challenge that must be faced collectively by those present.
Gather the tribe, and have a brief conversation about how best to keep everyone safe at this gathering. By the way, this is often done, pre-COVID, to orient guests about restrooms, where things are, and give a shout-out to cooks and food. To these we might add suggestions about taking distanced turns at the food table; holding conversations outdoors where distancing is easier, making hand sanitizers readily available, etc. The key is raising collective awareness about safety during the event. Actually, raising collective awareness makes it easier to follow guidelines since everyone looks out for everyone else. If there are some tough calls, ensure that everyone has had a chance to voice their opinion. Consultations should not just be confined to the “elders.” Many times it’s the young adults who have fresh eyes and can suggest a better solution. Stay safe, enjoy the holidays, and if you can think of other ways where our cultural habits make it difficult to stay healthy, write a letter to the editor, or post a comment on the online edition. We will appreciate it. *** 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. ••• Enrique de la Cruz is Professor Emeritus of Asian American Studies at Cal State University, Northridge.
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Immigration Corner
Thanksgiving is being celebrated differently this year. Because we are in the midst of a pandemic, the usual gathering of loved ones is close to impossible. Some may have lost a loved one or have a family member who is seriously ill. To those who experienced loss, I convey my deepest sympathy. To those who have a family member suffering from this disease, I pray that they recover. This pandemic has shown to all of us what my clients experience - being away from family and unable to be with them because of their immigration status and sometimes, not being given the chance to say goodbye. It is a humbling period for all of us, but amidst it all, together, there’s still hope and so much to be thankful for.
Thank you to all the frontline workers - the medical professionals, couriers, and serviceoriented workers, including nurses and caregivers - most of whom are from immigrant households, for helping the rest of the community be safe and meet their essential needs. In this coming year, with Joe Biden being declared the winner of the 2020 presidential race, and his promise of a radical departure from Trump’s strict enforcement policies, to a policy focusing on compassion, leniency, and possible amnesty for the approximate 11 million undocumented immigrants in the U.S., I look forward to assisting eligible applicants in achieving legalization and their American dream, enabling them to be reunited to celebrate with their families in America. Happy Thanksgiving to all! *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the
Christine Allado Photo from Instagram/@christineallado
Conrad Ricamora
Atty. MichAel Gurfinkel, eSQ
Special Thanksgiving episode of Citizen Pinoy this Sunday Provides Answers to Your Immigration Questions! In the Thanksgiving episode of Citizen Pinoy, Atty. Gurfinkel answers questions from Kapamilya in Hawaii and in Texas. Mercy (center) has a childcare business in Honolulu, HI and would like to know if she can petition her niece, who is a Psychology graduate and who passed the board exam, to work in her facility. She asks why her mother was subjected to the 10-year ban after her mother went home to the Philippines to get her visa. Teemmie from Houston, TX (right) would like to petition her husband, but is currently receiving SSA and SNAP from the government. Can her sister-in-law provide the affidavit of support as a co-sponsor? Atty. Gurfinkel offers answers as well as thoughts on gratitude on a special Thanksgiving episode of --- CITIZEN PINOY: Your Tanong, My Sagot – Social Distancing Style this Sunday at 6:15 pm PST/EST (9:15 pm EST thru select Cable/Satellite providers). (Advertising Supplement)
Fil-Am artists receive nominations for 2021 Grammys
Thanksgiving message 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 (Advertising Supplement)
By Ritchel
Mendiola AJPress
SEVERAL musical artists of Filipino descent are among the nominees for the 63rd annual Grammy Awards R&B star H.E.R. — who is Filipina and Black — will be up for three Grammys, including Song of the Year for “I Can’t Breathe,” going up against several pop stars like Taylor Swift (“Cardigan”), Dua Lipa (“Don’t Start Now”), and Billie Eilish (“Everything I Wanted). H.E.R., whose real name is Gabriella Wilson, is also up for Best R&B song for “Better Than I Imagine” (with Robert Glasper and Meshell Ndegeocello) and “Slow Down” (with Nasri Atweh, Badriia Bourelly, Skip Marley, Ryan Williamson). The acclaimed performer took to Instagram to react to the news, writing: “WOWWWWW. SO GRATEFUL!!!!!!!!!!!!!! Shout out to the teams!!!!!!!!!!!!!! Music is amazing. 13 nominations in 3 years!!!!!!!!!!! Unreal. Thank you for listening to the music!!!!!!!!!!!!!!” She was previously nominated for 10 Grammys over the past two years and in 2019, won Best R&B Performance for “Best Part” with Daniel Caesar and Best R&B Album for her first
Brian Keith Warfield Photo from Instagram/@ bobbycoleslaw
Toro y Moi
File photo
album, “H.E.R.” Jhené Aiko’s “Chilombo” received nominations for Album of the Year and Best Progressive R&B Album, and Best R&B Performance for the song “Lightning & Thunder” (featuring John Legend. R&B producer Brian Keith Warfield, who is Filipino and Black, was among those who worked on the album. “3 Grammy nominations and one of them being ALBUM OF THE YEAR! Wow, shout out to
the whole team! We worked so hard on this album so I’m glad it’s getting the recognition it deserves. Now if we can just bring this trophy home!” Warfield wrote in an Instagram post. Toro y Moi, who is Filipino and Black, got a Grammy nod in the Best Dance Recording category for “The Difference” with Flume. Filipina-British actress Christine Allado received a nomination for Best Musical Theater Album
for “The Prince of Egypt,” which will be up against “Soft Power,” starring Conrad Ricamora, a FilAm actor known for his role on ABC’s “How To Get Away with Murder.” “Who knows what miracles you can achieve?” So ridiculously thrilled to be #GRAMMY nominated for the @princeofegyptuk album!! Actually pinch me cuz this is craaaazyyy!! Congratulations to all the nominees and huge big love to team POE
H.E.R
Photo from Instagram/@toroymoi
Robert and Kristen Lopez
yes yes yes!!” Allado wrote in an Instagram post. Fil-Am composer Robert Lopez and his wife Kristen Anderson-Lopez, who co-wrote “Into The Unknown” for “Frozen 2,” received a nomination for Best Song Written For Visual Media. Pop queen Beyoncé led the pack with a total of nine nominations including Record of the Year and Song of the Year for “Black Parade.” Meanwhile, Dua Lipa and
Photo courtesy of Soft Power
Photo courtesy of the American Theatre
Taylor Swift received six nominations for their respective albums, “Future Nostalgia” and “Folklore.” Trevor Noah is set to host the 63rd annual Grammys, which will air on January 31, 2021 on CBS. For the complete list of Grammy nominees in each of the 83 categories, check out www.grammy.com/grammys/ news/2021-grammys-completenominees-list.
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LA WEEKEND ASIAN JOURNAL • NOvEmbER 28 - DECEmbER 1, 2020
SEAFOOD CITY FPFC
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B NOVEMBER 28 - DECEMBER 1, 2020 • LA WEEKEND ASIAN JOURNAL
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IRS has 2 million unopened A special Thanksgiving episode mailed returns this tax season offers solutions and gratitude
Tax Tips
Victor Sy, cPA, MBA THE Internal Revenue Service has about 2.5 million of unopened paper-filed income tax returns. Total pieces of mail (including income tax returns) stands at about 5 million pieces. This number is even down compared with 12 million in June and 23 million pieces in March 2020. Amusing, but listen. IRS Commissioner Charles Rettig described the Agency’s efforts to dig out from a mountain of unopened mail that accumulated during coronavirus office shutdowns in the spring. Remember too that IRS had to cope with extra returns from people who don’t normally file but had to file tax returns to
Tapat Sa Batas Atty. rheA SAMSon KAPAG ang USCIS ay nagdeny ng application for naturalization, ang USCIS ay magbibigay ng Notice of Denial na nagsasaad ng legal at factual na dahilan sa denial. Maaaring tanggapin ng aplikante ang denial decision; maaari ring ang aplikante ay hindi sumangayon sa denial decision at siya ay mag-file ng Form N-336 Request for Hearing on a Decision in Naturalization Proceedings. Ang N-336 Request for Hearing ay kailangang i-file sa loob ng 30 araw mula sa pagtanggap ng Notice of Denial. Kapag tinanggap ng USCIS ang Form N-336, kailangang ang USCIS ay magschedule ng hearing sa loob ng 180 araw mula sa filing ng Form N-336. Ang N-336 Request for Hearing ng aplikante ay itatalaga sa bagong USCIS officer, na siyang magsusuri ng orihinal na naturalization application, kasama na ang mga bagong ebidensya at
receive stimulus checks. There’s another concern here, actually a bigger worry: taxpayers waiting for refunds that they desperately need to survive these pandemic times. Commissioner Rettig stated that 70% of filers receive refunds at an average of $2,740 as of late July 2020. This pile of unopened mail is not a surprise considering President Trump’s love for the IRS. President-elect Biden will have to properly fund an agency that actually brings more money, a lot more money, than it spends. Think cost-benefit. Of course, you and I would rather appropriate zero budget so the IRS can’t audit you but, come on, the Internal Revenue Service serves a noble purpose - collect revenues to fund our schools, health programs, aid for the poor, repair roads and bridges, and simply sustain our government. This pile of unopened mail is staggering but not surprising considering budget cuts,
aging computer systems and a workforce that shrunk over the years. Agents, auditors, appeals officers, managers, administrators and clerks have transferred out or retired but have not been replaced due to prior hiring freezes. The Agency is gasping for air and needs more funds to operate. It needs a gentler and kinder (no pun intended) Joe Biden to do its job. *** 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.
Relief for denied naturalization application mga testimonia na nakasaad sa Form N-336. Maaari ring magsubmit ng legal brief na nangangatwiran ukol sa pagkakamali ng USCIS sa pag-isyu ng Notice of Denial. Sa N-336 hearing, ang USCIS Officer ay maaaring magsagawa ng buong pagsusuri ng naturalization application na parang walang denial decision na nangyari. Maaari ring mas streamlined ang pagsusuri at ang paglalaanan ng panahon ay ang dahilan sa denial ng naturalization application. Habang ang N-336 Request for Hearing ay posibleng remedy para sa aplikante, may mga pagkakataon na ang pag-file ng bagong N-400 Application for Naturalization ang mas mainam na remedy. Halimbawa, kung ang aplikante ay hindi nakatupad sa continuous presence requirement o physical presence requirement para sa naturalization, mas mabuti na siya ay magantay at mag-ipon pa ng panahon dito sa the US bago magfile ng panibagong N-400 Application for Naturalization. Kung ang
denial ay dahil sa kawalan o lack of good moral character sa loob ng 5-year statutory period para sa naturalization application, mas mabuti rin na ang aplikante ay maghintay ng pagkalipas ng 5 taon mula sa insidente na nagdulot ng lack of good moral character. Kung ang naturalization applicant ay lalaking green card holder na nakatanggap ng kanyang green card noong siya ay 18 hanggang 26 taon gulang, ngunit siya ay hindi nakapagregister sa US Selective Service System, mas mabuti na siya ay maghintay na siya ay maging 31 taon gulang bago magfile ng panibagong N-400 Application for Naturalization. If the USCIS denies an application for naturalization, the USCIS will issue a Notice of Denial stating the legal and factual basis for the denial. The applicant may accept the denial decision or request a hearing before an Immigration Officer by filing Form N-336 Request for Hearing on a Decision in NaturalizaPAGE B7
on Citizen Pinoy this Sunday
This week’s episode of Citizen Pinoy celebrates Thanksgiving and all that we can still be grateful for, despite the many challenges that 2020 has brought upon us. In this episode, Atty. Gurfinkel provides relevant answers to the immigration concerns raised by Kapamilya from the U.S. Mercy from Honolulu, HI is a licensed childcare provider, and has her own childcare business. Mercy would like to know if she can petition her niece, who is a
Psychology graduate and who passed the board exam, to work in her childcare business dealing with children with ADD. Mercy is also asking why her mother has been subjected to the 10-year ban after her mother went home to the Philippines to get her visa. Teemmie, a U.S. citizen from Houston, TX would like to petition her husband, but she is receiving Supplemental Security Income (SSI) and Supplemental Nutrition Assistance Program
(SNAP). Teemmie wants to know if her husband’s sister can provide the affidavit of support for her husband. Atty. Gurfinkel provides answers to these questions and reflects on all the things he is grateful for on this Thanksgiving special episode of CITIZEN PINOY: Your Tanong, My Sagot – Social Distancing Style this Sunday, at 6:15 pm PST/EST (9:15 pm EST thru select Cable/ Satellite providers). (Advertising Supplement)
Can I obtain a divorce if my spouse refuse to sign? Barrister’s Corner Atty. Kenneth UrSUA reyeS THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. What is more important is being able to properly serve your spouse with the divorce petition and satisfy the jurisdictional requirement of the Court by showing that either you or your spouse resided in the State for at least 6 months prior to filing the petition and in the County for 3 months prior to filing the petition. When you file a divorce petition, you have to serve your spouse with the summons and petition. Your spouse then has 30 days to file a response after being served with a divorce petition. If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve. The default procedure can be done even if there are issues of property division, custody, visitation, and support. However, the Court
will still review your proposed judgment and property division to make sure it conforms to the policy towards equal division of community property. Meaning, you have to propose a division of community property that is pretty much equal between the spouses. If your proposed property division is one sided such as distributing all community property to you and giving all the community debts to your spouse, the Court would probably not grant your judgment. The Court would probably set a hearing for you to explain why this is an equal division of community property. The only time you may need your spouse’s signature is if your spouse files a response to your divorce petition. This is called “contesting” the divorce. If your divorce is contested by your spouse, you can resolve the case either by “settlement” or by “trial.” However, you do not have to settle all the issues in the case at once. Under the concept of divisible divorce, you can settle some of the issues and set the other issues which you and your spouse cannot agree on for trial. Our office try to resolve cases through settlement because it is more cost effective and the parties are usually happier with the outcome. In that situation, the parties may avoid the cost and uncertainty of going to trial by executing what is called a stipulated judgment which is in essence an agreement as to all the issues in the divorce case. For issues which you and your spouse cannot agree on, you will have to go through the litigation
process which involves obtaining discovery, exchanging declarations of disclosures, and preparing the case for trial. Ultimately, you will obtain your divorce at trial in addition to adjudication of the distribution of community assets and debts amongst other issues. It is in the best interest of the party to retain the representation of competent counsel who will assert his or her rights under the family code. *** Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, APLC. This article is not a solicitation. *** Attorney Kenneth Ursua Reyes is a Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APLC is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@ kenreyeslaw.com or visit our website at Kenreyeslaw.com (Advertising Supplement)
Seniors need Chapter 13 as they retire Debt Relief
Atty. LAwrence yAng THE seniors are husband and wife aged 70 and 65. The wife is a young and healthy 65, while the husband is a healthy 70 who still looks strong. Both are still working with good income. The husband grosses about $100,000 a year and the wife grosses about $70,000 a year. With $170,000 gross for the household, there should be no financial problem, right? Wrong. But why? They owe $110,000 of credit card debt, which uses up about $4,000 of their monthly net income for minimum monthly payments! They have been servicing these credit cards for, believe it or not, 20 years. From $20,000 it grew yearly to $80,000, then to $110,000. They never paid off all the balances despite their good income. I guess you just don’t think about the future and take the easier way out of monthly minimum payments. Let’s say the cards stood at $110,000 for the last 10 years because it certainly looks like that from where we stand right now. That’s $48,000 a year for minimum monthly credit card payments x 10 years. That’s a cool half a million dollars right there that they transferred over to their credit card masters! And how much do they owe right now after paying half a million $ to MasterCard since 2008? They still owe the very same principal of $110,000! Now, what have they been thinking, really? That it’s ok to keep on paying $48,000 a month forever until they die? Makes no sense whatsoever. Even Chairman Kim Jong-un knows that there this is a bad deal for them. Indeed, this is a very bad deal. It’s time to nuke these cards to where they belong — six feet under.
If clients had wiped these cards out in 2008, they would have $500K in their wealth portfolio right now, instead of $110K of credit card debt. But when push comes to shove, clients realize now at their age that these accumulated debts are sucking them dry. Fortunately for them, they also both have hefty retirement accounts to rely on. But even hefty retirement accounts won’t be enough to solve their financial problem. Their combined retirement accounts are close to $700,000. The rule of thumb is you can use 4 percent of that taken from income generated, without diminishing the principal and still make the $700,000 grow yearly because the track record of the stock market is a yearly growth of 7 percent annually in the last 100 years. The stock market crashed in 1929 and 2007 when the market lost 50 percent of its value. Those who did not liquidate but hung on to their equities came roaring back in the next couple of years to recover the losses and go beyond them. Four percent of $700,000 is $28,000 of extra money for clients when they retire. The husband will be getting $2,000 of S.S., while the wife will be getting $1,500 of S.S. So, the clients will be retiring with $24,000 from S.S. for the husband, plus $18,000 for the wife for a total of $42,000 a year from S.S. plus $28,000 income from their retirement portfolio of $700,000. The clients will be quite comfortable when they retire with $70,000 of gross income yearly, or almost $6,000 a month. Their house mortgage is $2,500, leaving them a balance of $3,500 a month for the rest of the necessary monthly expenses of $2,000. So, even in retirement, they will be saving $1,500 a month, or $18,000 a year, which they can add back into their retirement portfolio, right? So their retirement portfolio will keep growing until it reaches $1 million soon enough where they can draw $40,000 from a
year. That’s really not bad, not bad at all. But with the $110,000 of credit card debt, they will need $4,000 monthly for debt service. Even if their retirement income is $6,000 a month, credit card debt service wipes out almost 70 percent of their income! That doesn’t sound good, no sir, it doesn’t sound good at all. Clients seek Chapter 7 to wipe out the $110,000 when the husband retires in one month. But they also own a home with $300,000 of equity. This means that after their homestead exemption of $175,000, there is still non-exempt equity of $125,000. So, Chapter 7 is out of the question. In Chapter 7, clients will lose their house even as they realize $175,000 of cash. Even Chairman Kim Jong-un knows that Chapter 7 will be a bad deal for clients. So, the client must use Chapter 13 instead to handle the $110,000 of cards without incurring any risk of losing their house. The Chapter 13 plan will allow them to pay off their credit cards debts over 60 months without any interest. In five years, they will owe zero in credit cards so they enjoy their entire retirement income of $6,000 a month without having to worry about paying another cent to MasterCard or Visa. Senior’s business needs Chapter 7 while she needs Chapter 13 The next client is 66. She just bought a house with $200,000 down but owes $400,000 mortgage on it. The problem is that she owns two businesses that are losing tons of money. She is very worried that suppliers will start suing the company for unpaid debt. Well, that’s easily solved with Chapter 7 for each company. The second problem is that she personally guaranteed the lease of the warehouse for $10,000 a month and there are three more years on the lease. How many times must I tell readers that they should never personally PAGE B5
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Getting paid correctly for working on holidays
anything but the employee’s also ask whether they are in fact paid for all the hours they have regular pay. However, if by working on worked. Are they paid correctly a holiday the employee incurs for any of the following? 1) off-the-clock work overtime hours, then the em2) missed meal or rest breaks ployee should be paid the over3) work-related travel time time premium for all overtime 4) preliminary or postlimihours worked. Atty. c. Joe SAyAS, Jr. The employer may pay a nary work (such as time spent premium rate for working on a putting on uniforms or washing Q: I WORKED on Thanks- holiday if the employer adopts tools) 5) work done “at home” giving Day and the Day after such a policy or practice. If the 6) controlled on-call or standThanksgiving. Am I entitled to employee is subject to a collective bargaining agreement by time holiday pay? 7) not being provided at least A: Around this time of year, or an employment contract we get this question a lot. So that provides for premium pay 5 hours of uninterrupted sleep we thought we would revisit for hours worked on holidays, while on a 24-hour duty If an employee has issues rethis issue, especially since then the employer must pay a Christmas Day and New Year’s premium rate for working on a garding any of the above, the employee may be entitled to adDay are coming up and they holiday. ditional back pay. fall in the middle of Whether you’re what many people “The law does not require payment of working during the would consider a or not, we workweek. overtime or other special premiums for Holidays wish all employees Hours worked and their families on holidays are work during holidays, unless such work Happy Holidays! treated like hours goes beyond 8 hours per workday or 40 May you continworked on any othue to enjoy good er day of the week. hours per workweek.” health and fairness The law does not in the workplace! require payment of *** Some employers choose to overtime or other special premiums for work during holi- close their business on major The Law Offices of C. Joe Sayas, Jr. days, unless such work goes holidays and give their em- welcomes inquiries about this topic. beyond 8 hours per workday ployees paid time off equiva- All inquiries are confidential and at noor 40 hours per workweek. The lent to 8 hours of work at the cost. You can contact the office at (818) law also does not require that employee’s regular rate. Many 291-0088 or visit www.joesayaslaw. employers pay employees for employees are subject to a col- com. [For more than 25 years, C. Joe lective bargaining agreement or Sayas, Jr., Esq. successfully recovered holidays that are not worked. The employer chooses when an employment contract which wages and other monetary damages to be open and closed for busi- provides that the business be for thousands of employees and ness. They are not required to closed on holidays and employ- consumers. He was named Top Labor close their businesses or give ees be paid time off from work. & Employment Attorney in California Employees are smart to be by the Daily Journal, consistently employees the day off on any holiday. If the employer is vigilant about their rights to selected as Super Lawyer by the open on a holiday and sched- correct wages. Aside from in- Los Angeles Magazine, and is a past ules the employee to work that quiring into whether they are Presidential Awardee for Outstanding day, the law does not oblige the correctly paid for working on Filipino Overseas.] employer to pay the employee holidays, employees should (Advertising Supplement)
Protecting Employee & Consumer Rights
Seniors need Chapter 13 as they...
PAGE B4 guarantee businesses leases or business debts? The client is on the hook for $360,000 on the personal guaranty of the lease. Fortunately for her, she can do a Chapter 13 to handle that. In Chapter 13, she will have to pay $25,000 of the personal guaranty over 60 months without any risk of losing her house. That is a great financial reor-
ganization for her. She wipes out $335,000 of the personal guaranty if she completes 60 payments of $500 a month to the trustee. The bankruptcy court will enter an order discharging the $335,000 soon after the completion of plan payments. If you need debt relief, set an appointment to see me. I will analyze your case personally.
*** 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) 2841142 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)
LA WEEKEND ASIAN JOURNAL • NOvEmbER 28 - DECEmbER 1, 2020
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Maximizing recovery in personal injury cases Legal Advice Atty. DArrick tAn DEAR Attorney Tan, I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my back seemed very tight and stiff. I took some days off from work. After a week, I contacted the other driver’s insurance to report the claim. The insurance adjuster for the other driver said they would fix my car, and offered me $500.00 for my injuries. Is that enough? I do not know where to go from here. –K.K. Dear K.K., The first step is to make sure that any injuries that you have
suffered in the accident are examined and treated. You can recover treatment costs since they are considered “economic damages” that you suffered due to the accident. You can also recover for time away from work as “economic damages,” even if you used paid time off or sick leave. The term “economic damages” means “objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.” Civil Code Section 1431.2(b)(1). A person’s claim for economic damages apart from medical expenses are often overlooked and not pursued by persons who settle their accident cases on their own, or with the assistance of inexperienced counsel.
Loss of earnings are often a significant part of an injured person’s claim for economic damages. Damages are recoverable for both past and future lost earnings. To recover for past lost earnings, a person must prove the amount of income or earnings that he/she has lost to date. To recover damages for future earnings, a person must prove the amount of income or earnings that he/ she will be reasonably certain to lose in the future as a result of the injury. CACI No. 3903C. How are past lost earnings proven? Medical records, which show the doctor authorizing a release from work or giving instructions to restrict work activities, can support the time taken off from work due to the injury. For those self-employed, medical providers typically do not provide a release from work; however, medical PAGE B7
B NOVEMBER 28 - DECEMBER 1, 2020 • LA WEEKEND ASIAN JOURNAL
Pastor’s Notes ReveRend Rodel G. BalaGtas IT’S the start of Advent—a four-week preparation for Christmas. But let’s not forget that it’s the dual invitation of anticipating the celebration of the birth of Jesus Christ, the Messiah, and the Second Coming of our Lord, Jesus Christ. It’s Christ’s Second Coming that seems to bring discomfort, fear, and restlessness to us. Why? It’s because we always think of it as the end of the world. Indeed, even the early Christians anticipated the Second Coming of Jesus Christ. That’s why we had people who spent their time in prayer and waiting for the Second Coming of Jesus. And still, there are Christians in the present time that think the so-called “rupture� will come soon. But we all know that the Gospel speaks of the uncertain time
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Take heed! Watch!
when the Jesus will come again. We don’t know the day or the hour of his second coming, but we must be ready. The Gospel of Mark this Sunday, 13:33-37, tells us: “Take heed! Be alert! For you do not know when that time is. It is like a man who goes away, leaves his household, and puts his servants in charge, giving to each his work, and he orders the gatekeeper to be on the watch. Watch, therefore!� To be on the watch means being mindful of our lives’ temporal nature and being faithful to Jesus’ commandments of love, mercy, and justice. Our love for God and fidelity to his teachings prepare us for his Second Coming. And so, we don’t have any reason to fear if we are consistently living out the Gospel of Christ. It’s challenging to be faithful to Jesus every day, to keep building his kingdom of peace and justice in this world, and to persuade people to believe in him and follow him. We must be patient, persevere, stand firm, and endure any suffering and
persecution. We need to keep focusing on Jesus and his desire to redeem the world and everyone. I invite you all to enter into this spirit of Advent. It’s a period of longing for peace and healing, of penance and patient endurance, of hope and greater awareness of discipleship to share our Christian faith with others and to be mindful of the needs and sufferings of other people. And as we continue to face the hardship of not being able to do our usual celebrations in church and families, let’s remain hopeful for the end of this pandemic. We’ll keep praying for the world’s healing and the end of divisions and conflicts among us. Amen! *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff. *** Fr. Rodel “Odey� Balagtas is the pastor of Incarnation Church in Glendale, California.
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Real Estate Knowledge MaRtin santiaGo, BRokeR-associate THE average contract interest rate for 30-year fixed-rate mortgages with conforming loan balances ($510,400 or less) decreased to a survey low of 2.92% from 2.99%, with points falling to 0.35 from 0.37 (including the origination fee) for loans with a 20% down payment. While more than 4 million borrowers have already refinanced their home loans so far this year, over 19 million more could still save substantially on their monthly payments through a refinance. The drop in mortgage rates reflects mixed signals from the economy. An autumn spike in coronavirus cases undermined hopeful signs that a COVID-19 vaccine soon will be available, and the economic recovery so far has been uneven and incomplete. Yet stocks rose to new records on Tuesday, November 24. Mortgage rates remain at record lows and while that has fu-
Another record low mortgage rate
eled a refinance boom, it’s been driven mainly by higher income borrowers. With about 20 million borrowers eligible to refinance, lower- and middle-income borrowers are leaving money on the table by not taking advantage of low rates. On the homebuying side, demand continues to surge, and it has created a seller’s market where inventory is at a record low and home prices are rising, beginning to offset the benefits of the low rates. Is now a good time to refinance? Generally speaking, yes. Mortgage rates have regularly hit record lows over the past few months. Though rates can rise and fall from one week to the next, they have been around 3 percent over time, with some surveys showing them in the 2s. If you’re a homeowner with good or excellent credit, it’s a good time to think about refinancing. Remember: The Federal Housing Finance Agency will institute a new refinancing fee of 0.5 percent on all loans worth $125,000 or more. That fee goes
into effect Dec. 1, but many mortgage lenders are already pricing the fee into their loan offers. When should you refinance? There are lots of reasons to refinance, but two major drivers are changing the rate or term of your mortgage to save money, or a cash-out refinance to fund other projects. A rate change typically means you’re securing a lower interest rate than what you’re paying on your existing mortgage. A term change means you’re changing the period of time it takes to pay off the loan. Sometimes you can change both the rate and term when you refinance. Securing a lower interest rate means you’ll have lower monthly payments and pay less interest over the remaining life of your loan. Changing the length of time you’ll take to pay off your mortgage can save you money in a few ways: if you lengthen the term, you’ll have lower monthly payments. If you shorten the term, your monthly payments may PAGE B7
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FOR RENT
LEGAL NOTICE CASE NUMBER: 20VECP00392
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Relief for denied...
PAGE B4 tion Proceedings. The N-336 Request for Hearing must be filed within 30 days of receipt of the Notice of Denial, otherwise the same may be rejected by USCIS. If the USCIS accepts Form N336, it must schedule a hearing within 180 days of receiving the timely filed Form N-336. The applicant’s N-336 Request for Hearing will be assigned to a new USCIS Officer, who will review the original naturalization application, as well as new evidence or testimony that is submitted with Form N-336. A legal brief may also be submitted arguing that the USCIS made an error in the denial of the naturalization application. At the hearing, the USCIS Officer may conduct a full review and hearing on the naturalization application as though a denial decision has not been made. The USCIS may also conduct a more streamlined review of the application and just
example, if the naturalization applicant is a male green card holder who received his green focus on the reasons for denial card between the ages of 18 and of the naturalization application. 26 and failed to register with the While an N-336 Request for US Selective Service System, it Hearing may be a possible rem- is recommended that the appliedy for the applicant, there are cant wait until he is 31 years old instances when filing a new N- to file a new N-400 Application 400 Application for Naturaliza- for Naturalization. *** tion will be the more appropriate remedy. For example, if the apATTY. RHEA SAMSON is the principal of plicant fails to meet the continu- SAMSON LAW FIRM, P.C. She has been a ous presence requirement or the member of the State Bar of California for physical presence requirement over 15 years and the Integrated Bar of the for naturalization, the applicant Philippines for over 20 years. Atty. Samson should wait and accumulate received her Legal Management degree from more time in the US before fil- the Ateneo de Manila University and her ing a new N-400 Application for Juris Doctor degree from the Ateneo Law Naturalization. Similarly, if there School. She was a Professor for over 10 years, was a denial based on lack of teaching Obligations and Contracts, Labor good moral character during the Laws and Social Legislation and Taxation 5-year statutory period immedi- Law. Atty Samson is the author of The Law ately preceding the application on Obligations and Contracts (2016), Working for Naturalization up to the time with Labor Laws-Revised Edition (2014) and of the Oath of Allegiance, the ap- Working with Labor Laws (2005). plicant should just wait to reapSAMSON LAW FIRM, P.C., 3580 Wilshire ply for N-400 until 5 years has Boulevard, Suite 1710, Los Angeles, CA expired until the incident giving 90010; Phone: (213) 3815710; Email: info@ rise to the lack of good moral samsonlawfirmpc.com. character determination. For (Advertising Supplement)
Maximizing recovery in...
PAGE B5 records should record work restrictions placed by the medical provider. After showing that the time off was justified, the next step is to value the lost earnings. A letter from a person’s employer that outlines the amount of time that one has lost as a result of his/her injury, the loss of benefits, and the rate of pay during the time of loss is evidence of the value of one’s loss of earnings claim. Other supporting documents include pay stubs, time cards, and tax returns. The monetary value of sick leave and vacation time that are used due to the injury
are also recoverable. For those self-employed, earnings history as reflected by tax returns and profit and loss statements can help prove the value of lost earnings. Similar supporting documentation must be presented for future lost earnings. Apart from economic damages, you can recover “general damages,” which are damages for the pain, suffering, and inconvenience due to the accident. If you were suffered injury in an auto accident or someone’s premises, please contact our office to discuss your case. To maximize monetary recovery, it is important to have the assis-
Another record...
PAGE B6 go up, but you’ll pay less interest over the life of the loan. With mortgage rates at historic lows, you may be able to shorten the length of your loan and still keep your monthly payments the same — or even make them lower. With a cash-out refinance, you borrow against the equity you’ve built in your home. It will make your mortgage bigger, but it can be a cost-effective way to finance big projects (think home renovations or repairs) because mort-
gage rates are much lower than rates on personal loans and credit cards. How to refinance? The most important step to find a competitive refinance offer is to shop around. Just like with securing a purchase mortgage, you want to make sure you’re getting the best offer. That means you can go to your current lender to see what they’re willing to do for you, but you should also be open to finding a new institution. Compare all the terms that various lenders are
tance of an experienced attorney in presenting your personal injury claim. *** Darrick V. Tan, Esq. is admitted to practice law in California and Nevada. Mr. Tan is a graduate of UCLA and Southwestern University School of Law. He is a member of the American Immigration Lawyers Association (AILA), the Consumers Attorney Association of Los Angeles (CAALA), and is a former member of the Board of Governors of the Philippine American Bar Association (PABA). LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010. Tel: 323-639-0277. Email: info@dtanlaw.com (Advertising Supplement) offering you, and see what makes the most sense in your own situation. Sometimes, for example, you may trade a slightly higher interest rate for other conveniences a particular lender may be able to offer you. *** Martin Santiago is a broker associate at Compass Beverly Hills, a full service residential brokerage firm. The information presented in this article is for general information only and is not, nor intended to be a formal legal advice nor the formation of a broker-client relationship. Call or email Martin at (213)788-8300 & brokermartinsantiago@gmail.com. (Advertising Supplement)
LA WEEKEND ASIAN JOURNAL • NOvEmbER 28 - DECEmbER 1, 2020
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B NOVEMBER 28 - DECEMBER 1, 2020 • LA WEEKEND ASIAN JOURNAL
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