NOVEMBER 29 - DECEMBER 1, 2023 Volume 33 - No. 95 • 12 Pages
De Lima vows to bring Duterte to justice DATELINE USA FREED after nearly seven years behind bars, Philippine human rights campaigner Leila De Lima told Agence France-Presse (AFP) on Friday, November 24 she prays for her safety as she seeks to bring "mass murderer" Rodrigo Duterte to justice. De Lima, one of the most vocal and powerful critics of the former president and his deadly drug war that sparked an international investigation into possible crimes against humanity, was released on bail less than two weeks ago. While "extremely happy" to be free, the former
FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
FTC scales language barriers to battle scammers THE Federal Trade Commission has a new strategy for battling fraud. As of this fall, its Language Access Initiative provides interpreters who can take fraud reports and provide advice in many more languages than just English and Spanish. At a November 21 press briefing the federal agency hosted with Ethnic Media Services – simultaneously translated into Spanish, Korean and Mandarin – two FTC officials and a lawyer/journalist described how the new multilingual services work and some of the ways they’re expected to help protect consumers. “We’ve long had the ability to hear from people in English and Spanish,” said Monica Vaca, deputy director in the FTC’s Bureau of Consumer Protection. “Getting reports from people in other languages has been a limitation for us.” Vaca emphasized the importance of people making those reports not just for their own sake but to help the FTC get the word out before more people are scammed. “We
senator, justice minister and human rights commissioner said she was taking precautions in case Duterte went after her. "His instigation of thousands of killings makes him a mass murderer, so he's very much capable of doing harm to somebody who he thinks is his enemy," de Lima said in a face-to-face interview conducted at AFP's office in Manila for security reasons. "I like to think that I'm his top enemy. His anger is such that he has not forgotten me or forgiven me." Before her arrest on Feb. 24, 2017, de Lima had
spent a decade investigating "death squad" killings allegedly orchestrated by Duterte during his time as Davao City mayor and in the early days of his presidency. De Lima, 64, paid a heavy price for her unflinching pursuit of justice, as Duterte and his allies sought to silence her. She was forced from the Senate and into a jail cell on three drug trafficking charges that she and human rights groups have described as bogus. Two of the charges have been dismissed. PAGE 2
‘NO CRACKS IN UNITEAM
We just work as Pres. and VP,’ says Duterte on Marcos by ZACARIAN SARAO Inquirer.net
PAGE 2
More than 60 Asian American groups raise alarm over surveillance program LOS ANGELES – More than 60 Asian American groups have opposed the anticipated reauthorization of a controversial surveillance measure that could be used to racially profile their communities. In a letter to Congress, the groups said the statute – Section 702 of the Foreign Intelligence Surveillance Act (FISA) – has been “misused” to spy on Americans in the past. “The consequences of such misuse have had a profound impact on our Asian American community, resulting in wrongful targeting, unjust surveillance and devastating tolls on careers, livelihoods and reputations,” said the letter signed by a coalition of 63 Asian American organizations. The coalition is led by the Stop AAPI Hate, Asian Americans Advancing Justice (AAAJ) and the Asian American Scholar Forum. Section 702 is a surveillance program designed to collect information related to national security threats from foreigners outside the United States. It is granted through annual certifications and relies on the mandatory assistance of American telecom providers. (Nimfa U. Rueda/ Inquirer.net)
HERO. The Andres Bonifacio monument near the Manila City Hall will be one of several sites where the founder of Katipunan, the revolutionary group that fought the Spaniards, will be honored on his 160th birth anniversary on Thursday, Nov. 30. The non-working holiday to mark Bonifacio Day, however, was moved to Monday, Nov. 27 to enable Filipinos to savor a longer weekend. PNA photo by
MANILA — No “cracks” exist between the MarcosDuterte tandem, otherwise known as the ‘UniTeam,’ Vice President Sara Duterte herself said on Tuesday, November 28. Duterte made the pronouncement after President Ferdinand “Bongbong” Marcos Jr. recently revealed that the prospect of the Philippines reintegrating as a state party to the International Criminal Court (ICC) is currently being studied. His statement fueled speculation that differences may have started to form within the political teamup. The speculation is further fanned with alleged plans within the House of Representatives to impeach the Vice President. “Wala naman. Wala namang [cracks]. (There’s none. There aren’t any cracks),” said Duterte at the sidelines of “Bata, Bida Ka!” program for the 31st National Children’s Month. PAGE 3
‘PH must build up defense capability’ by FRANCISCO TUYAY ManilaTimes.net
DEFENSE Secretary Gilbert Teodoro Jr. said on Monday, November 27 the Philippines must build up its defense capability to counter China's expansionist claims in the West Philippine Sea, which threaten the survival of future generations of Filipinos. Speaking at a symposium in Camp Aguinaldo, Teodoro said China defends its incursions in Philippine waters with arguments that contradict international law. "What China is doing is to contain the survival of future generations of Filipinos," the official said. He said the Philippines is one of the five countries whose sovereignty is protected by
the United Nations Convention on the Law of the Sea (Unclos). "It is not only for us, but it is for the peace and prosperity of our future generations that we are able to explore, exploit and protect natural resources that rightfully belong to [the] Republic of the Philippines patrimony and if we fail in doing so, we are doing a disservice to future generations and for the rest of mankind," Teodoro said. Experts on maritime law also shared their insights on territorial and sovereign rights during the symposium. China continues to assert its claims on the West Philippine Sea using harassment and Jimmy Pacheco, the Filipino worker freed by the Palestinian militant group Hamas, meets Israeli Foreign Minister Eli Cohen. DFA photo intimidation. It has prevented Filipino fishers from entering the Bajo de Masinloc or PAGE 3
Filipino hostage freed by Hamas Sara appeals to DOJ: Don’t cooperate with ICC to receive Israeli gov’t support by NEIL JAYSON SERVALLOS Philstar.com
MANILA — While maintaining that President Marcos’ foreign policy decisions should be followed, Vice President Sara Duterte said she would urge the Department of Justice (DOJ) not to cooperate in the International Criminal Court (ICC)’s investigation of the bloody war on drugs during the administration of her father. Asked about Marcos’ softened tone regarding the issue of cooperation with the ICC, Duterte said, “We all should respect the position of the president, being Photo from Facebook/@MayorIndaySaraDuterteOfficial/ the chief architect of foreign
Vice President Sara Duterte
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policy. His position should be the position of all.” But she stressed her office would continue to assert its position against cooperating with the ICC’s investigation on her father’s drug war. “But we will continue to reach out to DOJ regarding our position on this matter… and we will lay down the legal basis of our position,” she told reporters on Monday, November 27. Last week, Marcos said proposals for the country to rejoin the ICC are “under study,” raising the possibility of ICC prosecutors being allowed to investigate and possibly prosecute Duterte and PAGE 4
MANILA — The Filipino worker freed by the Palestinian militant group Hamas is set to receive social security benefits and regular stipends from the Israeli government, authorities said on Sunday, November 26. Jimmy Pacheco, a caregiver working in Israel, was among the hostages released to the Red Cross in war-torn Gaza by Hamas Friday, November 24 according to Qatar, which mediated the deal. The 33-year-old Filipino worker was among the 200 people taken hostage by Hamas during the October 7 attack. The Philippine Embassy in Tel Aviv said the Israeli government “will provide Jimmy and his
immediate family lifetime social security benefits and regular stipends” similar to those given to Israelis. The embassy added that Israeli Foreign Minister Eli Cohen visited Pacheco at the hospital where he is recovering. The Filipino worker was “in high spirits” and appeared “to be in good health” after his release, the embassy earlier said. Filipino national Noralyn Babadilla remains missing, and is believed to be among the hostages of Hamas. Hamas fighters are set Sunday to release a third group of Israeli hostages in exchange for PAGE 2
2 NOVEMBER 29 - DECEMBER 1, 2023 • SoCal ASIAN JOURNAL
Filipino hostage freed by Hamas to... PAGE 1 Palestinian prisoners. A four-day ceasefire and a hostage-for-prisoner swap have brought the first significant relief to Gaza and Israel since October 7, when Hamas fighters launched an unprecedented
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assault, killing about 1,200 people and taking around 240 hostages. Israel launched an air, artillery and naval bombardment alongside a ground offensive in Gaza Strip, killing nearly 15,000 people, mostly civilians and
including thousands of children. United Nations chief António Guterres described the killing of civilians in the Palestinian enclave “unparalleled and unprecedented.” (Gaea Katreena Cabico/Philstar.com with reports from Agence France-Presse)
reporting suspicions is that scammers often work from overseas where they and the money they obtained are harder for law enforcement to reach. Even if you successfully dodge a scam, reporting the attempt helps inform and thus protect otherwise unsuspecting potential victims, Bungo said. The multilingual call-center staff and information available at the agency’s website can also provide a range of “next steps” for people to consider. By phone, call (877) 382-4357, then press 3. A succession of messages in different languages will tell you what number to press next to reach an in-person interpreter who knows your language. Lines are open 9 a.m. to 5 p.m. EST, which is 6 a.m. to 2 p.m. on the West Coast. New language choices available as of last month include Portuguese, French, Tagalog, Somali, Vietnamese, Arabic, Russian, Polish, Korean, Ukrainian, Hmong and Mandarin. The FTC has the ability to find interpreters in almost 200 languages, as needs arise. This multilingual reporting system can also be used to report identity theft situations. For those, call (877) 438-4338, then follow the same process of dialing 3 to access the various languages available. You can make either fraud or identity theft reports online at ReportFraud.ftc.gov or IdentityTheft.gov or, in Spanish, ReporteFraude.ftc.gov and RobodeIdentidad.gov. Those four web pages all have drop-down lists in a box labeled “languages” or “idiomas” that let users complete reports in dozens of other languages. Bungo also described numerous resources the FTC provides at no cost for people to distribute within their communities, whether online or in print.
For instance, there’s a fraud handbook for recent immigrants and refugees and guidance for small business owners. There’s information about “four warning signs of a scam,” descriptions of common tricks such as fake invoices, business impersonation, bad business practices, phony job opportunities, phony online retailers and “phishing” links disguised to look like they’re from companies trying to make a delivery. If asked, the agency will also print and ship these guides to community organizations, at no charge, Bungo said. Information the ‘most powerful weapon’ against scammers Lawyer and journalist Jongwon Lee described a scenario he witnessed and reported on in Atlanta’s Korean community, where a retiree lost tens of thousands to an investment scammer who gained his trust in part by being conversant in Korean. Publicity about the case, a pyramid scheme that became known as Club Mega Planet, helped prosecutors uncover other victims in several states. Making law enforcement aware of additional cases increases the likelihood of criminals being arrested, and prompt reporting can help prevent the stolen money from being spent before it can be recovered. “The FTC’s Language Access Initiative is historic,” Lee said. “It shows that government agencies are looking to do justice for immigrants like us. Language access gets rid of fear and shame and gives you confidence and encouragement that you are not alone and somebody is listening to you.” “Information is the most powerful weapon against scammers. Get educated and informed.” (Mark HEdin/Ethnic Media Services)
FTC scales language barriers to battle... PAGE 1
can only bring cases and do education about scams that we know about,” she said. Fraud toll nears $9 billion Just based on the number of reports people made in English or Spanish, fraud and deceptive or unfair business practices cost U.S. consumers close to $9 billion last year, noted Larissa Bungo, senior attorney with the FTC’s Division of Consumer and Business Education. People who are worried they have been victimized can reach out for FTC help either on the phone or online. Doing so will alert the FTC’s Consumer Sentinel Network – a pool of 3,000 law enforcement officers at federal, state and local levels – to be on the lookout. If the FTC can catch the culprits quickly enough there is the possibility of getting your money back – another reason to not hesitate if you think you’ve been cheated. For example, the FTC was able to recover $245 million that it is returning to customers of Epic Games, creator of the popular game Fortnite, which the FTC alleged tricked young players into making unintentional purchases. The deadline for filing a claim is Jan. 17 of 2024. Don’t hesitate to report fraud Of course, to get money back with FTC help, you have to identify yourself when making a report, but in any case, you will never be asked about your immigration status. Sometimes, success in getting money back depends on how the victim was defrauded. For instance, if payments were made using a credit card, it may be possible to contest the charge with the card company. So be careful. “Only scammers insist you pay by gift card, cryptocurrency or wire transfer,” Bungo advised. Another reason to not delay
SOUVENIRS. A group of senior citizens from Mauban, Quezon province buy souvenirs at the Kadayawan Tribal Village at the Magsaysay Park in Davao City on Tuesday, Nov. 28. The group visited the city to witness the opening of the Pasko Fiesta celebration at the Rizal Park at 6 p.m. on Tuesday. PNA photo by Robinson Niñal Jr.
De Lima vows to bring Duterte... PAGE 1 Now that she's out, de Lima said her lawyers planned to file lawsuits against Duterte and others with the "appropriate agencies," such as the Department of Justice or the Office of the Ombudsman. "He was — is — my chief oppressor," de Lima said. "I want him to be held accountable for ordering my prosecution." 'I'm still the same' Before her release on November 13, de Lima was held at the national police headquarters in Manila in a compound reserved for high-profile prisoners, rather than in one of the country's overcrowded prisons. To maintain her physical and mental strength, de Lima said she exercised, prayed, read books and stayed up to date with the news so she could "withstand any threat and to emerge triumphant." De Lima also cared for stray cats and was allowed to take five of them home. "I'm still the same Leila de Lima — vocal, assertive, critical of everything that is not good in
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our society, critical of abuses in government, especially of the powers that be," de Lima said defiantly. But she admitted feeling disorientated and sleep-deprived since her release and said nearly seven years in jail had done "incalculable" damage to her life. "The lost time, the lost opportunities, the lost personal milestones, the time with family, time with friends," said de Lima, who has two adult sons and two teenage grandchildren. Shortly after her release, de Lima was reunited with her 91-year-old bedridden mother, who she had not seen in years. "She never knew that I was in jail. What she knew is that I was in the U.S. for an extended study," de Lima said. "You cannot reverse those things, simply because of the madness of one man." 'He must stay alive' De Lima — who was a highly paid lawyer before she switched to human rights and was drawn into the deadly world of Duterte — said she plans to go back to practicing and teaching law to earn a living.
Having served as Justice secretary in the administration of the late Benigno Aquino 3rd, who preceded Duterte, and then in the Senate, de Lima said a return to politics was possible. "I'm not completely ruling it out, but I'm not sure," she said. "You cannot just run without resources, financial resources." For now, she was focused on helping the International Criminal Court (ICC) with its investigation into Duterte's drug war, which killed more than 6,000 people, and pursuing those responsible for her prosecution. "I want them to feel that they failed," she said. While it appeared likely that she would be acquitted on the remaining drug trafficking charge, de Lima said she expected to be the target of "threats" and "black propaganda" again. Her hope is that Duterte, 78, lives long enough to go to court, either in the Philippines or in The Hague. "He needs to face the wheels of justice," de Lima said. "He must stay alive." (ManilaTimes.net with reports from Agence France-Presse)
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SoCal ASIAN JOURNAL • NOVEMBER 29 - DECEMBER 1, 2023
3
Why long-term care insurance falls short for so many by Jordan rau
and Jonel aleccia KFF Health News
SIGNS OF CHRISTMAS. Stalls selling pointsettias are starting to lure buyers at the Quezon City Memorial Circle on Monday, Nov. 27. You know that the most wonderful time of the year, as the song goes, is just around the corner when these flowers bloom, usually from mid-November to January. PNA photo by Joan Bondoc
‘PH must build up defense... PAGE 1
Scarborough Shoal, which is well within the Philippines' exclusive economic zone (EEZ), and Chinese ships have been harassing boats delivering supplies to Filipino soldiers stationed at the Ayungin Shoal. To respond to challenges to its sovereignty in the disputed areas, the Philippines must have "robust armed forces and
defense mechanisms," Teodoro said. "We have to build a resilient, redundant and self-reliant defense system," he said. To achieve that, the Defense department is strengthening its logistical capability. "We've built logistical reserves, and we in the Defense department are totally committed to that reserve and project management
efficiencies in acquisitions, efficiencies in human capabilities and efficiencies in motivating the right skills and right people for the right job are essential to building this architecture," Teodoro said. The department is also formulating a philosophy of operation "that is flexible, adaptable, sustainable, redundant and realistic," he said. g
We just work as Pres. and VP,’ says Duterte... PAGE 1 According to Duterte, her partnership with Marcos continues even after the campaign period for the 2022 elections is over. “Ang UniTeam kasi, it was a tandem during the elections. Ngayon naman, ang trabaho namin is hindi na pangangampanya. Ang trabaho namin is President and Vice President,” said Duterte. (UniTeam was a tandem during the elections. This time, our job is not to campaign anymore. Our job is President and Vice President.) “With regard to our working relationship, wala akong narinig kay Pangulong Marcos na reklamo niya with regard sa trabaho namin sa DepEd (Department of Education). Tuloy tuloy lang iyong trabaho,” she added.
Vice President Sara Duterte nad President Ferdinand Marcos Jr.
(About our working relationship, I haven’t heard any complaints from President Marcos about our work in the DepEd. The work continues.)
File photo
Asked if she had already met with Marcos after he made his statements that he is considering a return to ICC, Duterte said they had not yet seen one another. g
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FOR 35 years, Angela Jemmott and her five brothers paid premiums on a long-term care insurance policy for their 91-year-old mother. But the policy does not cover home health aides whose assistance allows her to stay in her Sacramento, California, bungalow, near the friends and neighbors she loves. Her family pays $4,000 a month for that. “We want her to stay in her house,” Jemmott said. “That’s what’s probably keeping her alive, because she’s in her element, not in a strange place.” The private insurance market has proved wildly inadequate in providing financial security for most of the millions of older Americans who might need home health aides, assisted living, or other types of assistance with daily living. For decades, the industry severely underestimated how many policyholders would use their coverage, how long they would live, and how much their care would cost. And as Jemmott belatedly discovered, the older generation of plans — those from the 1980s — often covered only nursing homes. Only 3% to 4% of Americans 50 and older pay for a longterm care policy, according to LIMRA, an insurance marketing and research association. That stands in stark contrast to federal estimates that 70% of people 65 and older will need critical services before they die. Repeated government efforts to create a functioning market for long-term care insurance — or to provide public alternatives — have never taken hold. Today, most insurers have stopped selling stand-alone long-term care policies: The ones that still exist are too expensive for most people. And they have become less affordable each year, with insurers raising premiums higher and higher. Many policyholders face painful choices to pay more, pare benefits, or drop coverage altogether. “It’s a giant bait-and-switch,” said Laura Lunceford, 69, of Sandy, Utah, whose annual premium with her husband
leaped to more than $5,700 in 2019 from less than $3,800. Her stomach knots up a couple of months before the next premium is due, as she fears another spike. “They had a business model that just wasn’t sustainable from the get-go,” she said. “Why they didn’t know that is beyond me, but now we’re getting punished for their lack of foresight.” The glaring gaps in access to coverage persist despite steady increases in overall payouts. Last year, insurers paid more than $13 billion to cover 345,000 long-term care claims, according to industry figures. Many policyholders and their relatives reported that their plans helped them avert financial catastrophes when they faced long-term care costs that would have otherwise eviscerated their savings. But others have been startled to learn that policies they paid into over decades will not fully cover the escalating presentday costs of home health aides, assisted living facilities, or nursing homes. And in other cases, people entitled to benefits confront lengthy response times to coverage requests or outright denials, according to records kept by the National Association of Insurance Commissioners, the organization of state regulators. Jesse Slome, executive director of the American Association for Long-Term Care Insurance, an industry trade group, said long-term care was the most challenging type of insurance to manage. “You need multiple crystal balls,” Slome said. “And you have to look 20 years into the future and be right.” The pandemic paused a longterm decline The industry’s wobbly finances haven’t steadied despite a brief profitable surge during the coronavirus pandemic. Earnings rose because thousands of people who were drawing benefits, many in nursing homes or assisted living facilities, died from covid-19, and other policyholders died before using their insurance. Others stopped tapping their benefits because they fled facilities and went to live with their families, who provided unpaid care. Overall, earnings went from $2.3 billion in losses in 2019 to two years of profits totaling
$1.1 billion, before receding into the red in 2022 by losing $304 million, according to Fitch Ratings. Still, none of that was enough to reverse the industry’s longterm decline. Doug Baker, a director in Fitch’s U.S. life insurance group, said long-term care insurance “is one of the riskiest in our universe” because of the lingering financial burden from underestimating the number of people who would tap their policies. More insurers now offer hybrid plans that combine life insurance with long-term care. Those policies are less generous than the ones offered a decade ago — and using the long-term care benefit drains some or all of the money policyholders hoped to leave to their heirs. PAGE 4
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Why long-term care insurance falls... PAGE 3
“I don’t think people will offer unlimited again,” said Tom McInerney, the chief executive of Genworth Financial, which suspended selling plans through brokers in 2019. “One way or another, taxpayers are going to have to pay more for long-term care needs of the baby boomers.” Many experts believe it’s untenable to expect that a private insurance market can protect most people from the growing burden of long-term care costs. “The whole situation is poorly suited to that kind of insurance offering,” said Robert Saldin, a political science professor at
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) REQUEST FOR PROPOSAL LACMTA will receive Proposals for PS118642 - P3030 New Light Rail Vehicle Procurement Project - Professional Service Support at the 9th Floor Receptionist Desk, Vendor/Contract Management Department, One Gateway Plaza, Los Angeles, CA 90012. A Pre-Proposal conference will be held on Tuesday, November 28, 2023, 10:00 a.m., via Virtual Meeting: Online (Microsoft Teams). All Proposals must be submitted to LACMTA, and be filed at the reception desk, 9th floor, V/CM Department, or electronically via email to bids@metro.net , on or before 3:00 p.m. Pacific Time on Friday, January 5, 2024. Proposals received after the above date and time may be rejected and returned unopened. Each proposal must be sealed and marked Proposal No. PS118642. For a copy of the Proposal/ Bid specification visit our Solicitation Page on our Vendor Portal at https://business. metro.net or for further information email Aniza Wan Nawang at wannawangw@ metro.net. 11/22/23, 11/29/23 CNS-3759332# ASIAN JOURNAL (L.A.)
the University of Montana who studies the industry. Falling profits and skyrocketing premiums Starting in the 1970s, longterm care insurance was touted as a way to keep older people from eroding their retirement savings or resorting to Medicaid, the state-federal program for the poor and disabled. Early plans were limited to nursing home care but later expanded to cover in-home care and assisted living centers. Sales of the policies doubled from 1990 to 2002. As demand grew, however, there were signs the industry had vastly miscalculated the cost of its products. Insurers set early policy prices competitively low, based on actuarial models that turned out to be markedly inaccurate. Forecasters’ estimates of policyholders’ longevity were wrong. U.S. life expectancy increased to nearly 77 years in 2000 from about 68 years in 1950, federal records show. And as people lived longer, their need for care increased. Industry officials also failed to account for the behavior of savvy consumers determined to keep their long-term care coverage. Insurers counted on policy lapse rates — people giving up their policies or defaulting on payments — of about 4% annually. The actual lapse rate was closer to 1%. As the miscalculations sent profits plummeting, insurers raised premiums or exited the market. By 2020, sales of traditional policies had dropped to 49,000 and the number of carriers offering plans had fallen to fewer than a dozen from more than 100. Premiums for some consumers doubled in just a year or two. Three class-action lawsuits accused Genworth of failing to disclose to policyholders that it had planned multiyear rate increases, leaving them without information they needed to decide whether to keep their policies. Genworth settled the lawsuits with offers to allow customers to adjust their policies, and in some cases it paid cash damage to those who accepted reduced benefits. The company did not admit wrongdoing. The increases continue. AM Best, a rating agency, said in a report last November that Genworth “will continue to need annual rate increases for at least several more years to reach
Dateline USa
economic break-even.” Prices for new policies have jumped, too. A decade ago, a couple aged 55 could expect to pay about $3,725 a year for a policy that included $162,000 in total benefits and 3% annual inflation protection, according to the American Association for Long-Term Care Insurance. Today, a policy that is virtually the same would cost $5,025, 35% more, even as rising health costs and inflation have eroded the value of the benefits. And that’s only for the people who can qualify. To limit their losses, insurers have narrowed the eligible pool of clients. In 2021, about 30% of applicants ages 60 to 64 were denied long-term care insurance. For applicants 70 to 74, the rejection rate was 47%. Even among people in their 50s, more than 1 in 5 were turned down. Chronic health conditions, a history of stroke or diabetes, or psychiatric illness may all be grounds for disqualification. At the same time, insurers began scrutinizing claims more closely. “They tightened their belts,” said Alan Kassan, a senior partner with the California law firm Kantor & Kantor, which represents clients challenging denials. “Then they tightened their claim administration and started denying claims more and more.” In 2022, the proportion of traditional long-term care claim denials varied, from 4.5% in Rhode Island to 9.6% in Alaska, according to the National Association of Insurance Commissioners. Despite efforts to limit liability, financial problems forced several high-profile insurance providers to drastically revise policy terms and premiums or go into insolvency, affecting the investments of thousands of clients. They included Alice Kempski, a retired nurse who, after her husband died, bought a policy from the insurance company Penn Treaty and American Network in 2004 on the advice of a financial adviser, paying premiums of $180 a month for 16 years. By 2017, she was hobbled by osteoporosis and was struggling to manage her multiple medications, according to her daughter, Ann Kempski. She sold the family home in Wilmington, Delaware, in 2017 PAGE 5
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Sara appeals to DOJ: Don’t cooperate... PAGE 1
his officials for crimes against humanity committed in the conduct of his war on drugs. Marcos made the statement after members of the House of Representatives, whose relations with the Vice President and her father appear to have soured, filed resolutions urging the administration “to extend their full cooperation to the ICC Prosecutor with respect to its investigation of any alleged crime within the jurisdiction of the ICC.” After years of delay, the ICC decided earlier this year to resume its inquiry into the Philippines’ war on drugs. The decision drew pushback from several lawmakers allied with former president Duterte, as well as from Marcos and members of his Cabinet, including Justice Secretary Jesus Crispin Remulla. Over 6,000 suspected drug offenders have been killed in Duterte’s drug war based on government data. However, human rights groups said the number of fatalities could be several times higher. For lawyer and former presidential spokesman Harry Roque, ICC’s absence of judicial cognizance over the drug war case precludes it from investigating former president Duterte and his Vice Presidentdaughter. Roque, who is included in the court’s list of counsels, also cautioned President Marcos that his political advisers were using the ICC issue to foment division between the Marcos administration and the Duterte family. The former presidential spokesman opined that the war on drugs case officially came under the ICC’s cognizance only after the Pre-Trial Chamber authorized a preliminary investigation in 2022. “Regardless of our membership status, the Court cannot invoke jurisdiction since it was only in 2022 that the former prosecutor was allowed to proceed with the preliminary investigation. It was two years after the Philippines officially left the ICC,” Roque explained. “What the former prosecutor conducted before 2022 was a preliminary examination, which differs from an authorized preliminary investigation. She acted in her own capacity,” he said, apparently referring to Fatou Bensouda. “The ICC did not have direct participation in this informal process.” Prospective, not retroactive Roque added the jurisdiction of the ICC is applied prospectively and not retroactively. The ICC’s prospective jurisdiction over the Philippines, he said, took effect when the country ratified the Rome Statute of the ICC in 2011. It was rescinded in 2019, one year after the country deposited the notice of withdrawal to the United Nations SecretaryGeneral as stipulated under Article 127. “Without a retroactive effect, the court cannot open past cases
For lawyer and former presidential spokesman Harry Roque, ICC’s absence of judicial cognizance over the drug war case precludes it from investigating former president Duterte and his Vice President-daughter. Philstar.com file photo
involving our former presidents because it will violate their right to due process,” he said. “Thus, the ICC cannot subject FPRRD to a probe because the Philippines withdrew from the Statute long before the Court authorized a preliminary investigation,” he said, referring to the former president by his initials. He expressed belief that given the court’s prospective jurisdiction, it can only investigate a sitting chief executive or current leaders suspected of committing grave crimes against the international community. Roque said he agreed with President Marcos that the Philippine government and the court must settle first the fundamental issue of Philippine sovereignty and judicial independence relative to the court’s jurisdictional reach. “I am worried that PBBM might be getting the wrong advice from people out to harass and muzzle FPRRD and VP Sara. I appeal to President to ignore those sowing discord in the UniTeam and dissension between the Marcos and Duterte families,” he said. “After the botched impeachment moves in the Lower House on the Vice President, some ambitious politicos might capitalize on the ICC probe as a way to humiliate Inday Sara or worse, remove her from office,” he added. Sen. Ronald dela Rosa, for his part, said rejoining the ICC would be unconstitutional if done without Senate concurrence. Dela Rosa is one of 11 former officials being investigated by the ICC for possible crimes against humanity. Despite Marcos’ hinting at allowing the country to rejoin the ICC, Dela Rosa said he is counting on the chief executive’s previous statement that he is “very firm not to allow the ICC to interfere in our justice system, that’s a very fundamental issue. No. 1 is sovereignty and no. 2 is jurisdiction.” “If you want to rejoin, that will still have to go through the process before we enter into any agreement,” Dela Rosa said in an interview over ANC. “After the president’s ratification, it has to be concurred by the Senate by a two-thirds vote. So that’s the process. Back to zero, back to square one,” he added.
The senator said failure to follow such process would be unconstitutional. No skeletons in closet But for Manila Rep. Bienvenido Abante, allowing the ICC to investigate on Philippine soil the drug war killings during the Duterte administration will send a clear message to the world that in the issue of human rights the government has no skeletons in the closet. “By allowing ICC to come, it’s telling the world that we have nothing to hide here,” Abante, who also chairs the House committee on human rights, said. Abante has authored a resolution allowing the ICC to investigate former president Duterte and some of his officials for possible case of crime against humanity in the conduct of his war on drugs. The gesture, he added, will show that the current administration is “very transparent with its processes” and its justice system is functioning. “We just want to show to the whole world and to the ICC that our justice system is running smoothly,” he pointed out. But he stressed the ICC should not be allowed to indict or prosecute the former president and his officials in the country. “They can come in and investigate and even ask questions to the family of the victims but they cannot prosecute here,” he said. Rep. Edcel Lagman of Albay, a human rights lawyer and a vocal critic of Duterte, maintained that letting the ICC in is not a surrender of sovereignty. “If we believe in the rule of law, then we must let ICC come in,” Lagman said. Abante and Ramon Gutierrez (1-Rider party-list) filed House Resolution 1477 on the ICC entry during plenary on Nov. 21, while Lagman filed his – HR 1482 – on the same day. Marcos said the ICC issue is “under study” with Speaker Martin Romualdez making it clear that lawmakers would be guided by whatever the Palace would decide on the matter. This happened amid a word war between House leaders and Duterte, who called the lower legislative chamber a “rotten institution” after it rejected his daughter’s request for P650 million in confidential funds for the OVP and the Department of Education, which she heads. g
PAUNAWA NG PAMPUBLIKONG PAGDINIG IBINIBIGAY ANG PAUNAWA na ang Lupon ng mga Superbisor ng County ng San Diego ay magsasagawa ng pampublikong pagdinig sa isang iminungkahing Pagbakante sa Bukas na Espasyo gaya ng sumusunod: IMPORMASYON SA PAGDINIG: Petsa: Disyembre 6, 2023 Oras: 9:00 a.m. Lokasyon: County Administration Center, 1600 Pacific Highway, Room 310, San Diego, California 92101 PAKIKILAHOK NG PUBLIKO - Ang sinumang miyembro ng pangkalahatang publiko ay puwedeng lumahok sa Pampublikong Pagdinig alinsunod sa mga regulasyong ipinatupad sa oras ng pulong. Ang mga nagnanais na lumahok sa pulong at/o komento ay dapat bumisita sa https://www.sandiegocounty. gov/content/sdc/cob/bosa.html para sa impormasyon kung paano ito gawin. APLIKANTE: Tom Newsom MGA NUMERO NG PROYEKTO/KASO:Open Space na Bakasyon sa Newsom; PDS2022-VAC-22-003 PAGLALARAWAN NG PROYEKTO: Ang proyekto ay isang open space easement na bakasyon upang lisanin ang isang 2.56- ektaryang Biyolohikal na Open Space Easement at 1.32- ektaryang Limitadong Building Zone Easement na naitala sa ilalim ng mga numero ng dokumento 2007-0311635 at 2007-0311636 at muling ilaan ang isang 2.59- ektaryang Biyolohikal na Open Space Easement na 2.59- ektarya at 1.28 na ektarya ng Biyolohikal na Open Space Easement at Limitadong Building Zone Easement nang sabay-sabay. Ang layunin ng Bakasyon na ito ay iwasto ang isang oversight na naganap sa paglikha ng isang parsela mula sa isang naitala na 2007 na Mapa ng Parsela. Ang kahilingan sa Pagbakante ay alinsunod sa Patakaran ng Lupon I-103: Mga Pagbakante sa Kadalian ng Bukas na Espasyo at ang Seksyon ng Kodigo sa Kalye at Lansangan 8325. Ang site ay napapailalim sa Pangkalahatang Plano Rehiyonal na Kategorya Pambukid at Pangkalahatang Plano ng Pagtatalaga sa Paggamit ng Lupa Mga Lupaing Pambukid 40 (RL-40). Ang pag-zone para sa site ay Limited Agriculture (A70). Lokasyon: Timog ng Winn Ranch Road, silangan ng Highway 79, sa Lugar sa Pagpaplano ng Komunidad ng Julian sa loob ng County ng unincorporated San Diego. (APN: 294-011-77). KALAGAYAN SA KAPALIGIRAN: Ang proyekto ay nasuri bilang pagsunod sa Batas sa Kalidad ng Kapaligiran ng California (CEQA). Isang addendum sa dating nakumpletong Kasunod na Binabaang Negatibong Deklarasyon Mitigated Negative Declaration (MND) (Mag log NO. 00-10-008) ay nakafile sa Mga Serbisyo sa Pagpaplano at Pag-unlad bilang Numero ng Pagsusuri sa Pangkapaligiran PDS2022-ER-00-10-008A. TULONG PARA SA MGA TAONG MAY KAPANSANAN: Available ang mga agenda at talaan sa mga alternatibong format kapag hiniling. Makipag-ugnayan sa opisina ng Clerk ng Lupon ng mga Superbisor sa 619-531-5434 para sa mga tanong o para humiling ng tirahan na may kaugnayan sa kapansanan. Ang mga indibidwal na nangangailangan ng mga tagasalin ng sign language ay dapat makipag-ugnayan sa Countywide ADA Title II Coordinator sa (619) 531-4908. Sa abot ng makatwirang posible, ang mga hiling para sa akomodasyon o tulong ay dapat na isumite nang hindi bababa sa 72 oras bago ang pulong upang magawa ang mga pagsasaayos. Ang isang lugar sa harap ng mga silid ng pagdinig ay maaaring italaga para sa mga indibidwal na nangangailangan ng paggamit ng wheelchair o iba pang naa-access na mga aparato. TANDAAN: Kung hahamunin mo ang aksyon na maaaring gawin sa panukalang ito sa korte, puwede kang limitado sa pagsulong lamang ng mga isyung isinusulong mo o ng ibang tao sa pampublikong pagdinig sa itaas, o sa nakasulat na sulat na inihatid sa Katawan ng Pagdinig sa o bago ang pagdinig. Maaaring limitahan o ipataw ng Mga Panuntunan ng Lupong Pagdinig ang mga kinakailangan sa pagsusumite ng naturang nakasulat na sagot. Para sa dagdg na impormasyon tungkol sa panukalang ito, makipag-ugnayan kay Cathleen Phan sa (619) 756-5903 o sa Cathleen.phan@sdcounty.ca.gov. 11/22/23, 11/29/23 CNS-3757047# ASIAN JOURNAL (L.A.)
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Dateline PhiliPPines
DOT hits 4.8 million 2023 arrival target before yearend by Rosette Adel Philstar.com
MANILA — Nearly a month before the year ends, the Philippines has already surpassed its 4.8 million international arrival target for 2023. This was announced by Tourism Secretary Christina Frasco at the first Philippine Gold Tourism Summit held at the Grand Hyatt Manila on Tuesday, November 28. Based on the data of DOT as of November 27, the country has recorded a total of 4,822,530 million international arrivals. Of these, 4,430,725 or 91.88% are foreign visitors, while 391,805 or 8.12% are returning overseas Filipinos. The DOT said that bulk of these foreign tourists are from South Korea, registering 1,271,602 visitors or 26.37%. U.S. is the second top source market for foreign arrivals as it brought 797,181 (16.53%). Completing the top 5 source market for foreign visitors are Japan with 272,735 (5.66%), China with 242,107 (5.02%) and Australia with 225,464 (4.68%). Pillar of Philippine economy Frasco said the international tourists also contributed P404
billion in foreign visitor receipts. She said this underscores the value of tourism to the Philippine economy. “As our President Ferdinand “Bongbong” Marcos Jr. has emphasized, tourism is a foundational pillar for the country's inclusive growth and economic revival,” Frasco said. “Tourism continues to drive growth and provide income and jobs nationwide. With the implementation of the National Tourism Development Plan 2023 to 2028 approved by President Marcos, we are beginning to see the merits of our strategies towards increasing connectivity, convenience, and equality in tourism development and promotions, as well as the invaluable partnership of our tourism stakeholders in the private sector,” she added. The tourism chief also said that according to the report of national economic managers, it manifests that “Philippine tourism is the second highest driver of economic growth” for the country. “This cements our position as one of the strongest pillars of the Philippine economy that employs no less than 5.35 million Filipinos
in the tourism industry sector, ensuring jobs, livelihood, and the well-being of communities all over the country,” Frasco added. In December last year, Frasco said the agency gave a conservative projection of 4.8 million international visitors as its baseline. Last year’s expanded target was only 2.4 million international visitors as the country only reopened to foreign tourists on Feb. 10, 2022. The country registered 8.26 million visitors in 2019, the full year before the declaration of the COVID-19 pandemic. Prior to leading the DOT, Frasco mentioned observing a projection indicating that the Philippines would likely reach its pre-pandemic tourism figures by 2025. The tourism chief, in December 2022, however, expressed optimism that the country will reach the pre-pandemic record way earlier than 2025. “And we feel that we would be able to exceed our pre-pandemic numbers way earlier than the 2025 year that was told to us when we assumed office with the improved policies under the Marcos administration,” she said last year. g
FIESTA. Colorful boats join the “Pistang Daluyong 2023” fluvial parade along Pasig River in Mandaluyong City on Sunday, Nov 26. The parade commemorates the 92nd anniversary of the Act Changing the Name of the Municipality of San Felipe in the Province of Rizal to Mandaluyong under Philippine Congress Act 3836 sanctioned on Nov. 6, 1931. PNA photo by Joey O. Razon
SoCal ASIAN JOURNAL • NOVEMBER 29 - DECEMBER 1, 2023
5
Why long-term care insurance falls... PAGE 4 and, now needing help bathing, moved to an assisted living center there. But when the family tried to file a claim, they discovered that Penn Treaty was insolvent and the policy had been taken over by the Pennsylvania state insurance guaranty fund. The fund had frozen Kempski’s benefits and increased her premiums to about $280 a month, her daughter said. Her doctor told Penn that she had “mild dementia” and osteoporosis and should be in an assisted living facility. But the insurer said that there was not enough evidence that she needed help with two daily living activities or had severe cognitive impairment, conditions that would trigger coverage, according to correspondence between Kempski and the company. Kempski was paying roughly $5,400 a month out-of-pocket to the assisted living center. She moved in with her daughter when the pandemic hit, but she continued to pay full rent to the facility to save her spot until she returned in 2021. In March of that year, when her daughter was preparing to refile a claim for long-term care insurance and her premiums had reached $320 a month, Kempski had a massive stroke. She died the next month. The insurer never paid for any of her care. Coverage in a facility but not at home The policy held by Angela Jemmott’s mother, Jewell Thomas, went unused for a different reason: Like many older policies, it covered only skilled nursing care in a facility. Her children had purchased the policy after Thomas’ husband died at 56. But decades later, once Thomas developed dementia in her 80s, her children realized how desperately their mother wanted to stay home. Jemmott said they tried to add a rider to the policy to cover home care but were told that their mother’s age (older than 75) barred addons. Now the siblings jointly pay about $4,000 a month for two home health aides, while still paying the insurance premium of more than $2,500 a year. “We feel like if we stop paying it, another unforeseen need will arise and cause us to wish we kept it,” Jemmott said. Not all policyholders are
displeased. Bert Minushkin, of Royal Palm Beach, Florida, paid monthly premiums for 27 years, beginning in 1993 when the policy was offered as a benefit by Westinghouse Electric Corp., where he worked as a nuclear engineer. Over time, he paid about $120,000 toward the policy, said his daughter Lisa Heffley, 61, of Louisville, Kentucky. Diagnosed with dementia, Minushkin began declining swiftly in 2019. His wife spent $220,000 on assisted living facilities and private aides for him over three years, with about $90,000 of the cost offset by his policy, Heffley said. He died in February 2022 at age 91. “He didn’t break even, but thank God he had it,” she said. Turning to crowdfunding Many experts say what’s needed is a governmentsubsidized or public program that requires people to carry long-term care insurance, as the Netherlands and Singapore have. But federal efforts to create such a system, including the CLASS Act, which was repealed in 2013, and the WISH Act, introduced in 2021, have failed to gain traction in Congress. At the state level, Washington this summer started a first-in-the-nation program that will provide long-term care benefits for residents who pay into a fund, but the maximum benefit of $36,500 will not cover a year in most assisted living
facilities. Lack of a safety net leaves some people unprotected, like Jeffrey Tanck, a real estate broker in Washington, D.C. In 2021, his mother, Sue Tanck, at 75, suffered a serious fall, leaving her with broken arms and a traumatic brain injury. She had been the primary caretaker for his father, Roger, then 77, who had rapidly worsening dementia. Without warning, Jeffrey Tanck had to assume charge of his father’s care, moving him into an assisted living center in Ocala, Florida, that now charges $4,600 a month, and had to get his mother into a skilled nursing facility paid for by Medicaid. With no money to cover his father’s costs until he sold their house, Tanck resorted to a plea on the crowdfunding site GoFundMe. Wanting to shield himself from a similar financial crisis somewhere down the road, Tanck, who is 51, applied for long-term care insurance, only to be denied. The reason? He takes antidepressants, which help him cope with the anxiety and stress of caring for his parents. “What are people supposed to do?” Tanck asked. “I’m going to need something.” g KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism.
6 NOVEMBER 29 - DECEMBER 1, 2023 • SoCal ASIAN JOURNAL
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OPINION
FEATURES
In harm’s way
THANKS to intervention by U.S. naval forces, another hijacking meant to show support for Hamas was foiled. Two of the rescued crew of the chemical tanker M/V Central Park are Filipinos. Five of the hijackers have been taken into custody by the U.S. Navy. The pirates had boarded the Liberian-flagged tanker, which is owned by an Israeli businessman, as it was transiting the Gulf of Aden on Sunday. The U.S. Navy received a distress call from the Central Park and responded. The conflict did not end there: the U.S. Navy reported that in the early hours of Monday, two ballistic missiles were fired from areas in Yemen controlled by Houthi rebels toward the tanker and U.S. guided-missile destroyer USS Mason. Fortunately, the missiles missed their targets and landed in the sea. The Houthis are the same rebels who hijacked the Bahamas-flagged commercial ship Galaxy Leader last week and brought it to Yemen together with the crewmembers including 17 Filipinos. Hijackings targeting Israeli-owned vessels have intensified amid the ongoing war between Israel and Hamas. Filipino sailors, who are part of the crew of almost every commercial vessel on the planet, are in harm’s way. Apart from rescuing Filipinos held hostage by
Hamas and its supporters in other countries, the government must also provide mental health support to the victims. Filipino worker Jimmy Pacheco, who was among the hostages freed by Hamas during the four-day pause in the fighting, is reportedly suffering from trauma after 49 days of captivity in besieged Gaza. This type of trauma could last much longer than the period of captivity. The 17 Filipinos on the Galaxy Leader remain in captivity along with the rest of the crew – collateral damage, as one lawmaker put it, in the Israel-Hamas conflict. While Philippine officials have received word that the 17 are safe, there is no assurance that they will not suffer the same psychological trauma as the overseas Filipino worker who was freed by Hamas. Their plight, like those of the crew of the tanker Central Park, highlights the costs of the OFW phenomenon, which arises from the lack of better opportunities in their own country. (Philstar.com)
Editorial
Disengagement
The Broader View HARRY ROQUE AT last, the chief executive has gone on record against efforts to remove his vice president from office through a constitutional process. Last week, I appealed to President Bongbong Marcos Jr. to publicly express his categorical support for Inday Sara Duterte. It might have taken him several days to speak, but his statement somehow reassured the millions of Duterte and UniTeam followers. It means PBBM finds no compelling reason for the House of Representatives to initiate an impeachment case against the VP. It is his way of telling allies in Congress, led by presidential cousin and Speaker Martin Romualdez, to let the matter drop. Any politician worth their salt will not defy the wishes of the country’s top leader. Personally, I would have wanted more elaboration from the president. If I were in his shoes, I would have emphatically stated that the UniTeam is as united as ever. That mutual trust and confidence remains the bedrock of the Marcos-Duterte administration. As partners, they
ManilaTimes.net photo
work tirelessly to address every internal and external threat to national stability, security and progress. Despite some issue-based differences in opinions, there is absolutely no feud nor acrimony between the Marcoses and the Dutertes. Neither is a brewing ‘them versus us’ faction among the political parties within the alliance. By saying so, the Chief Executive would have disabused duplicitous politicians of any notion that they could succeed in the 2025 mid-term and 2028 presidential elections without the combined support of the Marcos and Duterte forces. With the impeachment moves dead in the water, I thought that the anti-Sara instigators and leftist agitpropists in the Lower Chamber would lay low. I was wrong. Seemingly, they have moved to an insidious backup plan that could further erode the public trust in VP Sara, if not oust her from power. It might also be geared towards annihilating the Duterte political brand. I cannot help but think that some leaders and members are out for blood. In the past weeks, former president Rodrigo Duterte and Inday have crossed swords with the Speaker and his allies over
the controversial confidential fund allocation. Moreover, there was a recent ‘snubbing incident’ between Inday and Martin at the Villamor Airbase. While I admire Inday Sara’s sincerity and honesty, I would advise her to remain civil to her political rivals within and outside the UniTeam alliance. I also understand if Martin got upset by the cold shoulder treatment. He is but human. However, the Speaker should not be surprised by the VP’s reaction. His congressional allies would not have trained their guns on Inday without his blessings. But the incident should not warrant any form of political vendetta that jeopardizes our judicial independence and national sovereignty. A public servant must always prioritize national interest over personal issues. So, what is their Plan B? Right after PBBM voiced his anti-impeachment stance, the House human rights committee filed Resolution 1477, urging the Philippine government to cooperate with the preliminary investigation of the International Criminal Court (ICC) on the war on drugs campaign of FPRRD. It is currently under review by the justice committee. The speaker
has also denied fast-tracking the bill’s passage. While a resolution is nonbinding, it expresses the overall policy opinion of a co-equal branch of government. It might also provide a legal cover for the Department of Justice (DOJ) to reconsider its original position on the issue. In the past, the DOJ has threatened to arrest ICC investigators if they insist on coming to the Philippines without the authorization of our government. According to the ICC, the probe focuses on alleged crimes against humanity of murder committed in Philippine territory between Nov. 1, 2011 and March 16, 2019. Take note, Sara was the Davao City mayor from 2010-2013 and 2016-2019. Digong served as the local chief executive from 20132016 and our president from 2016-2022. There have been news reports that the complainants have included VP Sara in the case documents filed before the Hague Court. What does this mean? Should the government allow the preliminary investigators to set foot on Philippine soil, there is a possibility that the ICC can issue summons, even warrants of arrest, for Digong and Sara. Provided that the Court finds reasonable
grounds against them. Under Articles 86 and 87 of the Rome Statute, the Court mandates State Parties to fully cooperate with the criminal investigation and prosecution under its jurisdiction. The request for cooperation shall be transmitted through diplomatic or appropriate channels upon ratification, acceptance, approval or accession of the State Party. In surrendering persons to the ICC, the Court may transmit a request for the arrest and surrender of a person. State Parties must comply with these requests. A person can challenge the request before a national court based on ne bis in idem principle (a person cannot be tried more than once for the same offense). The requested State shall immediately consult with the ICC to determine if there has been a relevant ruling on admissibility (Article 89). In 2018, the Philippines deposited the instrument of withdrawal addressed to the United Nations Secretary-General. As stipulated in Article 127 of the Statute, the withdrawal took effect in 2019 or one year after the date of the receipt of the notification. A State’s withdrawal, meanwhile, shall not affect any cooperation with the Court in connection with criminal investigations and
proceedings that commenced before the date on which the withdrawal became effective. The ICC states that it retains jurisdiction over alleged crimes that occurred in Philippine territory while it is still a State Party. But it was only in 2021 – two years after we officially left the ICC – that the Pre-Trial Chamber authorized its Prosecutor to start its investigation. I maintain that the Court no longer has jurisdiction over the said crimes. Furthermore, we have functioning and competent domestic courts that are able and willing to give justice or provide legal remedies to those victims of alleged extrajudicial killings between 2011 and 2019. On more than one occasion, I have heard PBBM say that the country has disengaged with the ICC. Their intrusion or intervention insults our sovereignty as a nation. Our country will not cooperate with the Court in any way or form. Our lawmakers should heed and respect the President’s position. (Philstar.com) *** 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.
Back to the ICC?
Sketches
ANA MARIE PAMINTUAN WHAT can the Marcos administration gain from bringing the country back to the fold of the International Criminal Court? For one, it’s a good way of burnishing the Marcos brand and remaking the global image associated with Ferdinand Marcos as a gross violator of human rights. Ferdinand Junior has nothing to fear; the ICC is not about to investigate him or his relatives for Rome Statute crimes. For another, it may free up state resources and manpower that are currently undertaking the difficult task of identifying which of over 6,000 drug deaths officially reported by the police are cases of extrajudicial killings and which ones resulted from legitimate law enforcement operations. As Solicitor General Menardo Guevarra has lamented, probers are having a tough time finding witnesses and material evidence to establish EJK cases. Last year, Justice Secretary Jesus Crispin Remulla urged police officers involved in the killings to come out and testify, promising them protection under the Marcos administration. There are no takers so far.
Guevarra told “The Chiefs” on OneNews that separating the legit kills from the extrajudicial is needed to build a case for possible murder as a crime against humanity – the Rome Statute offense that the ICC is pursuing against Rodrigo Duterte when he was mayor and then president. The country has a law covering crimes against humanity: Republic Act 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. Harry Roque, Duterte’s lawyer in the first criminal case filed against him after his presidency, says those pushing for an ICC probe can instead file a case in the Philippines for violation of RA 9851. Incidentally, Harry says the criminal case against Duterte is proof that the country’s justice system is working. Duterte has said he is willing to face any complaint filed against him in connection with his brutal campaign against illegal drugs – but only in the Philippines. What will he do if the Marcos administration decides to make the country rejoin the ICC? * * * From the unequivocal statement that “we’re done talking with the ICC,” President Marcos is now saying the proposal is being studied.
The first in the administration to seemingly change his tune on the issue was Remulla, who had previously maintained that it’s an insult to the country’s justice system and sovereignty for the ICC to conduct a probe on Duterte’s war on drugs. President Marcos, in a chance interview, reiterated that the country’s justice system is functioning and there’s no need for the ICC to step in. But for the first time, he said rejoining the ICC is “under study” by his government. BBM wasn’t misquoted or taken out of context; the story was carried even by the Presidential Communications Office. In Southeast Asia, only Cambodia is part of the ICC, which conducted the probe on the Khmer Rouge’s murderous campaign in that country. In 2018, after a long and expensive trial, the court found two Khmer Rouge leaders guilty of genocide. The Rome Statute was adopted in 1998 by 120 countries, with 21 abstentions. Seven voted against: China, Iraq, Israel, Libya, Qatar, the US and Yemen. Since then, Burundi, Gambia and South Africa have withdrawn from the ICC. Israel, Sudan, Russia and the US have signified that they are not ratifying the treaty. The Philippines ratified the Rome Statute on Aug. 30, 2011,
becoming the 117th member of the ICC. The court has jurisdiction over Rome Statute crimes committed in the country since Nov. 1, 2011. On March 17, 2018, after the ICC chief prosecutor announced a preliminary examination of drug deaths in the Philippines since July 1, 2016, the country filed a written notice of withdrawal from the ICC. The withdrawal took effect a year later, on March 17, 2019. The ICC maintains that despite the withdrawal, it has jurisdiction over possible crimes committed when the Philippines was still a party to the Rome Statute. The court’s Pre-Trial Chamber, upon the ICC prosecutor’s request, authorized the opening of an investigation on Sept. 15, 2021, after finding “reasonable basis to conclude” that crimes within the court’s jurisdiction had been committed. Guevarra and other legal eagles of Marcos 2.0 have said that since the investigation was initiated two years after the country’s withdrawal from the Rome Statute took effect, the ICC has no jurisdiction over the cases. In June 2020, Duterte had created an inter-agency panel to reinvestigate the drug deaths. After monitoring the progress of this undertaking to determine its “genuineness,” the ICC
prosecutor determined that “the overall failure to take meaningful action to bring perpetrators to justice, particularly when combined with promises of immunity or protection from accountability, constitutes a form of encouragement to perpetrators to continue committing violent crimes against suspected drug users and dealers.” Last Nov. 20, several members of the House of Representatives filed a resolution urging the government to extend “full cooperation” in the ICC’s probe. BBM’s statement was in reaction to this development. * * * Inevitably, there is speculation that Marcos 2.0 is laying the groundwork for handing over the drug war probe, along with Duterte, to the ICC. Make that the Dutertes – father and daughter – because Vice President Sara Duterte is included in the ICC probe, as mayor of Davao City when drug killings attributed to so-called death squads occurred. And because Daughterte is implicated, there are suspicions that the House resolution – and perceived shift in the administration’s stand on the issue – could be part of the ongoing intramurals (denied all around) within the UniTeam. Speaker Martin Romualdez’s
reaction to the filing of the House resolution has been, don’t look at me. He also previously distanced himself from the “informal discussions” in the chamber about impeaching Daughterte over the P125 million in confidential funds that she requested in her first six months as VP, and which she spent in just 11 days in December. Because this issue would necessarily implicate the approving authority for the fund transfer and source of the secret funds – the Speaker’s cousin BBM himself – Romualdez’s statements on the VP’s impeachment could be true. On the ICC probe, whether or not Romualdez had a hand in the House resolution, there are indications that Marcos 2.0 is having a change of heart. Even Duterte’s chief Tokhang enforcer, Sen. Ronald dela Rosa, sensed the shift and said it surprised him. BBM has said the government is studying its options. Really, what has he got to lose? From the continuing tirades of Rodrigo Duterte, it looks like BBM has already lost the support of that clan anyway. *** 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.
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Dateline PhiliPPines
Dela Rosa to drug war critics: File case in PH courts, not ICC by Charie abarCa Inquirer.net
MANILA — Senator Ronald “Bato” dela Rosa dared Deputy Minority Leader Risa Hontiveros and other critics of former President Rodrigo Duterte’s bloody war on drugs to file cases in local Philippine courts and not the International Criminal Court (ICC). “We have a criminal justice here in the Philippines. I-file nila kung meron silang kaso. I-file nila kahit saang korte rito sa Pilipinas. I-file nila. Kasi alam nila na ang kanilang mga ginagawa ay puro mga bula. [Alam nila] na walang leg to stand on ang kanilang mga [accusation],” a visible irked dela Rosa exclaimed on Tuesday, December 28. (We have criminal justice here in the Philippines. If they have cases, file them — file them in any
court here in the Philippines. They know that what they are doing is only a bubble. They know that their accusations have no leg to stand on.) "They know that local courts will not entertain their claims. That’s why they prefer the ICC. What they are doing with the ICC is only propaganda. They know it,” dela Rosa added, partly in Filipino. Dela Rosa’s statements came after opposition lawmaker Hontiveros filed a resolution urging Malacañang to cooperate with the ICC and accommodate the international tribunal’s bid to start its investigation on the alleged rights violations that took place during former President Duterte’s bloody war on drugs. Dela Rosa, who was the chief implementer of Duterte’s controversial anti-drug campaign, said he was hurt by
Hontiveros’ decision to file her ICC resolution. "Masama talaga [ang loob ko]. I have to tell you frankly. Of all the people, siya talaga. Baka sabihin niya [ay] trabaho lang, walang personalan — sa akin that’s very personal. Kahit pa sabihin mong trabaho mo ‘yan, that’s very personal to me because I am one of the subjects na imbestigahan,” he told reporters. (I was hurt. I have to tell you frankly. Of all people, it’s her. Maybe she’ll say it’s only a part of her job, do not take it personally — but for me, that’s very personal. Even if she says that it’s only a part of her job, that’s very personal to me because I am one of the subjects to be investigated.) When asked if he was planning to talk and settle disagreements with Hontiveros, dela Rosa immediately retorted: No, let her be. g
NSC allows Atin Ito’s Christmas convoy to pass through Ayungin Shoal’s ‘vicinity’ by ian Laqui Philstar.com
MANILA — The National Security Council (NSC) allowed the planned civilian-led convoy to sail through the West Philippine Sea but not directly to BRP Sierra Madre, the agency said on Tuesday, November 28. In a statement, the NSC said that it had met with the leaders of the Atin Ito coalition and agreed that sailing directly to BRP Sierra Madre in Ayungin Shoal would be “not advisable” for the sake of the safety of the Christmas convoy. However, the agency still allowed the coalition to sail in This photo shows a an 18-foot buoy effigy afloat the West Philippine Sea in Zambales put by the Association of Masin loc Fishermen in protest of the continuing harassment of the vicinity of Ayungin Shoal. China against Filipino fishermen at the Scarborough Shoal. Philstar.com photo by “Nonetheless, the planned Christmas convoy will pass the Christmas gifts and supplies On November 21, the NSC through the general vicinity to the Philippine Navy and warned against sailing in of Ayungin Shoal as far as Philippine Coast Guard (PCG) to Ayungin Shoal. It cited the practicable, on its way to other be delivered in the routine and frequent high tensions in the selected PH-occupied features resupply (RORE) mission in BRP area between the Chinese Coast to bring Christmas cheer Sierra Madre. Guard and the PCG especially directly to our troops assigned “By visiting the other PH- during RORE missions. to those areas as well as to our occupied features, the Christmas The Atin Ito coalition organizers fisherfolks,” the NSC said in a convoy will be able to visit a have affirmed a civilian-driven statement. vaster area of the WPS and bring Christmas procession set for NSC said that the Christmas Christmas cheer directly to more December 5, intending to voyage convoy will also visit Pag-asa fisherfolk and frontliners,” the with a minimum of 40 boats Island where they will turn over NSC said in a statement. toward Ayungin Shoal. g
SoCal ASIAN JOURNAL • NOVEMBER 29 - DECEMBER 1, 2023 7
‘ICC can’t regain jurisdiction’ by KRisTina MaRaLiT ManilaTimes.net
WHETHER or not the Philippines rejoins the International Criminal Court (ICC), its jurisdiction to prosecute cases cannot be regained, former Palace spokesman and lawyer Harry Roque Jr. said on Monday, November 27. Roque, an international law expert, asserted that "ICC Jurisdiction once lost, cannot be regained despite a decision to join anew the Court." He issued the statement after President Ferdinand Marcos Jr. said the government was studying the country's possible return to the international tribunal. "Regardless of our membership status, the Court cannot invoke jurisdiction since it was only in 2022 that the former Prosecutor was allowed to proceed with the preliminary investigation. It was two years after the Philippines officially left the ICC," the former Palace executive said. "What the former Prosecutor conducted before 2022 was a preliminary examination, which differs from an authorized preliminary investigation. She acted in her own capacity. The ICC did not have direct participation in this informal process," he added. Roque said that the jurisdiction of the ICC is applied prospectively and not retroactively. The Court's prospective jurisdiction over the Philippines took effect when the country ratified the Rome Statute of the ICC in 2011. It was rescinded in 2019, one year after the country deposited the notice of withdrawal to the United Nations Secretary-General as stipulated under Article 127. "Without a retroactive effect, the Court cannot open past cases involving our former presidents because it will violate their right to due process," Roque said. "Thus, the ICC cannot subject FPRRD to a probe because the Philippines withdrew from the Statute long before the Court authorized a preliminary investigation," he added, referring to former
Former Palace spokesman Harry Roque Jr. ManilaTimes.net file photo
president Rodrigo Duterte. Given the ICC's prospective jurisdiction, it can only conduct a probe on a sitting chief executive or current leaders suspected of committing grave crimes against the international community. Roque echoed Marcos' stance that the Philippine government and the Court must first settle the fundamental issue of Philippine sovereignty and judicial independence relative to the Court's jurisdictional reach. He urged the President "to be wary of individuals that might use the issue to gain political leverage against the Duterte family in the lead-up to the 2025 mid-term and 2028 presidential elections." "I appeal to President to ignore those sowing discord in the UniTeam and dissension between the Marcos and Duterte families," he said. "After the botched impeachment moves in the Lower House on the Vice President, some ambitious politicos might capitalize on the ICC probe as a way to humiliate Inday Sara, or worse, remove her from office." g
‘House takes lead in PH digitization efforts’ by Reina Leanne ToLenTino ManilaTimes.net
QUEZON City 1st District Rep. Juan Carlos "Arjo" Atayde said the House of Representatives is taking the lead in passing measures that will ensure that the country adopts digital technologies in a responsive, inclusive and forward-thinking way. At the 31st Asia-Pacific Parliamentary Forum (APPF) Roundtable of Young Parliamentarians, Atayde said that the House hopes "to utilize digital technologies to promote interconnectivity, broaden our reach, and improve our responsiveness to our people's needs." He said that aside from passing the measure that had created the Department of Information and Communications
Technology (DICT), the House recently passed House Bill (HB) 7327, or the proposed "E-Governance Act," "to harmonize and coordinate the digitization efforts of all government offices and agencies." Atayde, one of the principal authors of HB 7327, said that the House also passed HB 6, or the "Open Access in Data Transmission Act," to address concerns that digitalization "risks widening educational, socioeconomic and urban-rural inequalities." "The proposed legislation lays the groundwork for a data transmission industry that is open, fair and interoperable. It is my belief that stimulating private sector involvement is key to ensuring our country's digital transformation is as inclusive as possible," he said.
The House, Atayde pointed out, acknowledges the need to balance digital innovation with security. The country has a Data Privacy Act, Cybercrime Prevention Act and Subscriber Identity Module (SIM) Registration Act. Established in 1993, the APPF held its 31st annual meeting in the Philippines from Nov. 2326, 2023 with the theme "Resilient Partnerships for Peace, Prosperity and Sustainability." President Ferdinand Marcos Jr., in a speech delivered by House Speaker Ferdinand Martin Romualdez on his behalf, expressed hope that forum participants would utilize the platform to discuss issues on digital innovation, regional security, transnational crime, free and fair trade, and sustainable and equal economic growth. g
She captures the Spirit of Humanity with Cameras — Leading figure in Documentary Filmmaking, Wanyi Lu by Carol Shen The mission of documentary directors and producers is to record and reveal the truth in various fields such as society, science, and history through the medium of film. Outstanding producers bring unique reflections to the audience through deep insights into the world. In the field of Chinese documentary filmmaking, Wanyi Lu stands out with her keen social insight and profound humanistic care. Her works have not only given a voice to marginalized groups but also led audiences to deeply explore a wide range of social issues. It is her 20 years of dedication to this kind of documentary production that has earned her the respect of a wide audience and industry insiders. The documentary “Blue” is a classic one. As a producer, Wanyi Lu focuses on the life and future of autistic youths in this film. Through the documentary filming of four autistic children in their adolescence, she expresses these children’s mindset when facing life’s turning points and the predicaments their families face in real life. This humanistic documentary closely narrates the stories of these children, bringing unprecedented attention and understanding to the condition of autistic youth, thus promoting public awareness and acceptance of this group. In another of Wanyi Lu’s works, “Memories in the Sky,” she turns her attention
to the air force and their families. This documentary does not merely trace the history of the air force during the Anti-Japanese War but focuses on the present through the descendants of the surviving Anti-Japanese air force heroes. Wanyi Lu presents the lesserknown stories of the air force and their families and descendants. They are not only heroes in the eyes of the public but also fleshand-blood ordinary people. This film has made new breakthroughs in Chinese historical documentary filmmaking. “Listen to Macau” shows Wanyi Lu’s profound understanding of history and reality. Using research methods from history and visual anthropology, she interviewed and filmed dozens of ordinary people from various industries living in Macau, recording the various sounds of daily life in Macau. These rich and diverse sounds construct a multi-dimensional portrayal of Macau’s past and present, not just expressing Macau but also reflecting the human and social culture of the Greater Bay Area, represented by this unique place. “Intellectuals of the Village” documents the cultural traditions of the Pearl River Delta region in China and various cultural characteristics left from different historical periods. In today’s coexistence of tradition and modernity, conservatism and innovation, the film shows how rural cultural activists
confront policy and change with flexible folk logic, presenting various social forms of rural society. Wanyi Lu’s work has received high acclaim within the industry. With her unique artistic perspective and profound social insight, she has become an unignorable force in the field of Chinese documentary filmmaking. Her documentaries not only challenge the vision and spirit of the audience but have also made significant contributions to the international dissemination of Chinese documentaries her works have won awards at the China Public Welfare Image Festival, been shortlisted for the Golden Kapok Award at the China International Documentary Festival, known as the “Oscar of Documentaries,” and were the opening film at the 2018 Louisville Asian Documentary Festival in Kentucky, USA. Wanyi Lu believes that documentaries are a bridge between the real world and the audience, an art form that can evoke empathy and reflection. Each of her works embodies this philosophy, with every frame revealing respect for humanity and profound reflection on social reality. Wanyi Lu’s success lies not only in her ability to tell touching stories but also in how she uses the medium of documentary to convey information, influencing people’s thoughts and actions. Her works care for individual destinies as well as offer insight into the
broader social context, a dual perspective that gives her documentaries a unique depth and breadth. For her personally, documentary filmmaking is not just a profession but a mission. She is keenly aware that her works have the
power to touch hearts and inspire thought, so she is always extra cautious and committed when selecting subjects and narrative styles. It is this sense of responsibility towards art and society that allows her work to continue to promote
social progress. As a mission-driven producer, we believe that in the near future, Wanyi Lu will use her lens and wisdom to tell more moving stories and offer more classic masterpieces of documentary films.
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Heaven celebrates Dolly to start working with Nicole Kidman in January 24th birthday with degree By Kathleen a. llemit
By marinel CruZ
Philstar.com
Inquirer.net
ACTRESS Dolly de Leon has announced that since Hollywood labor disputes were settled earlier this month, she will be flying to Munich, Germany, to finally begin working on Season 2 of the mystery-drama series “9 Perfect Strangers” with actressproducer Nicole Kidman, no less. “We will start shooting on Jan. 15, so I will fly there on the first week of January,” de Leon told Inquirer Entertainment during the opening ceremony of the 2023 QCinema International Film Festival over the weekend. Swedish filmmaker Ruben Ostlund’s “Triangle of Sadness,” where de Leon plays one of the main characters, was the festival’s opening film last year. “I’m not really ready for it yet. Because of the strike, I didn’t read the script that was sent to me. I waited until everything was over. Now, I’m just waiting for them to send the rest of it. I only have the first six episodes. I’m waiting for the seventh, eighth and ninth,” she added. De Leon is expected to stay in Germany for six months. “I’m hoping that my stay there will be shorter. There’s a possibility that the shooting will only last for four months,” she said. “Expectations? I’m going to have so much fun doing it, and I’m already sure of that. I also know that it’s going to be challenging because the cast is so small. It’s going to be super cold there, too—it will still be winter when I arrive. That’s also part of the challenge, and the fun.” The award-winning actress continued: “I already saw the first season (currently streaming on Prime Video). In the second season, Nicole’s character is going to be way crazier! The story is about a psychiatrist who treats her patients with therapy, as usual, and with some hallucinogens. She has nine patients, and in Season 2, I’m one of them.” Booked and busy De Leon shot two Hollywood films earlier this year: Nathan Silver’s comedy “Between the Temples,” starring Jason Schwartzman and Carole Kane; and Paul Feig’s action-comedy “Grand Death Lotto,” starring John Cena, Awkwafina and Simu Liu. “It’s going to come out on Prime Video sometime next year. It’s both actionpacked and funny,” she said of “Grand Death Lotto.” “It’s set in the very far future of Hollywood. It’s about a bunch of people who are into buying lotto tickets. The story gets interesting when one wins a
ACTRESS Heaven Peralejo celebrated her 24th birthday on Saturday, November 25 with an important milestone — by earning a business degree. “Starting my 24th year with a degree as I officially march as a graduate. Onto bigger and better things,” the actress wrote on Instagram. She posted her graduation picture and video where she was seen going up the stage to get her diploma. Heaven took Business Management in Southville International School affiliated with Foreign Affairs. The actress also posted
De Leon signed up with CreaZion Studios as one of its clients.
jackpot prize because anyone can kill that person and take the prize.” The film is special to her because it was the first-ever Hollywood film that she has done, she said. “I was very nervous at the start. I really felt intimidated. But I quickly realized that they were all so warm, nice and friendly, so I felt at home right away—on my first day on the set,” said de Leon, this time, during a press conference organized for her by CreaZion Studios, which also announced that it will now manage all her career-related affairs here in the Philippines. De Leon also shot Alex Thompson’s “Ghost Light” early this month in Chicago. The story, by writer Kelly O’ Sullivan, is about a family’s way of healing through theater after experiencing death among its members, she explained. Besides acting At the media gathering, de Leon was asked to talk about the fact that she isn’t merely a working actress in Hollywood, but also a voting member of the Academy of Motion Pictures, Arts and Science (Ampas). She then explained the importance of her being the first and only Filipino actor included in the Actors’ Branch. “First of all, everything happens via email. I would get email invitations asking me if I’d like to go to screenings or get screeners. But because I’m based here, I recently filled out a form requesting for screeners. I’m about to watch films for free! I’m excited about that,” she began. “I was also asked if I could vote for the International Branch. While I’m already under the Actors’ Branch—meaning I can vote under the best actor/actress and best supporting actor/ actress categories—I was also asked to vote under the
Inquirer.net photo
best international feature film category. I declined because I have a film that’s under consideration for a nomination, ‘Iti Mapukpukaw,’ and I feel that it’s a conflict of interest because I will definitely vote for that. At least, I get to vote in those four categories and, to me, that’s very important because we now have a voice and finally it can be heard.” When asked for updates on the Oscar campaign for a nomination for Carl Joseph Papa’s animated drama “Iti Mapukpukaw,” de Leon said it kind of breaks her heart that the campaign is having a hard time taking off. The film needs at least P6 million for promotions and, so far, they have only raised half of it, she said. “The challenge is the funding. You need a lot of money for people to watch,” she began. “I’m not sure if you’re aware, but when you say ‘Oscar campaign,’ you don’t just go around and say, ‘Vote for us!’ You say, ‘Please watch our film,’ so you reserve theaters, you give people tickets so they can watch the film for free. You send out screeners. You host dinners, soirees. You host a lot of events and this costs a lot of money.” De Leon pointed out that, while the Film Development Council of the Philippines (FDCP) has already given financial aid, the film needs more from other arts-related branches of the government. “The fee for the public relations person alone costs $20,000. PR people schedule interviews, meetings and book restaurants. They get paid a lot because they do all the leg work. So far, we’ve been doing a lot of activities to raise funds, but things have to happen soon because voting should be done by mid-December.”
Actress Heaven Peralejo graduated with a Business Management degree from Southville International School affiliated with Foreign Affairs. Photos from Instagram/@heavenperalejo
photos of her birthday celebration with friends,
Julia: Braver and more daring By iZa iglesias ManilaTimes.net
JULIA Barretto stands out as one of the most popular and talented actresses in her generation. Her journey in the entertainment industry began in childhood, and over the decades, she starred in numerous television shows and movies. Filipinos have witnessed her evolution, from portraying sweet and innocent roles to taking on rom-com teen flicks, and eventually embracing bolder and more mature characters like her last film “Expensive Candy,” which had an an R-13 rating from the Movie and Television Review
and Classification Board. Released in 2022, the film marked her foray into the sexy genre. At 26 years old, Barretto continues to exude confidence, evident in her decision to become the 2024 Calendar girl for rum brand, Tanduay. “I’m very excited because it’s an honor to have been tapped to represent the brand for 2024. But I’m also nervous because it means having to be a lot braver in expressing myself. More than anything, I’m just very grateful, it’s a big thing for me. I hope the team and my new family are proud and happy about the calendar,” Barretto said during the media launch.
Julia Barretto Photo from Intagram/@juliabarretto
Longtime friends Roderick Paulate and Maricel Soriano reunite in ‘In His Mother’s Eyes’ as Bibs and Lucy.
Roderick, Maricel reunite in ‘In His Mother’s Eyes’ By iZa iglesias ManilaTimes.net
RODERICK Paulate and Maricel Soriano are two icons in the local show business. Paulate is known for his versatile acting skills, comedic timing, and unique character portrayals, while Soriano — often referred to as the “Diamond Star” — is a multi-awarded dramatic actress who also excels in other acting genre. The duo has previously collaborated on films such as “Inday Bote” (1985), “Inday sa Balitaw” (1986), and “Jack En Poy: Hale-Hale Hoy!” (1987). Their last joint project was in By Dolly Dy-Zulueta 1989 for the Regal movie “Gorio and Tekla.” Philstar.com Beyond their onscreen tandem, the duo JULIE Anne San Jose forged a solid friendship that surpassed mesmerized her fans with her challenges. blond look in her new music The 58-year-old Soriano admitted that there video. were times that they had misunderstanding but Released under Universal what helped was their enduring respect and Records Philippines, Julie Anne trust. delighted her fans when she “My arguments with Dick don’t last long. In put on a new look in the music minutes, it’s over. It’s like going to the dentist,” video for her newly released she jested. song “Something.” “When I open up to Dick, he listens, he The track is a chill love doesn’t forget. He also opens up to me, and song that delves into the I won’t forget that either. So how can you get depths of emotions associated mad at one person?” she continued. with falling for someone. It Reunion movie captures the essence of feeling This year, the two iconic actors reunite right about a special person in the film “In His Mother’s Eyes.” The story believing in the purity of their follows Tim (played by LA Santos), a special intentions. child left in the care of his uncle Bibs (Paulate) The lyrics of the song, which by his OFW mother Lucy (Soriano) for several is a combination of English and years. Filipino, present the profound When Lucy returns, she attempts to connection and trust that two Julie Anne San Jose wears a blond wig in the music video of her latest single, regain the affection of her son and brother. people feel towards each other “Something.” Photo courtesy of Universal Records Philppines Unfortunately, things didn’t go as smoothly as in a budding romance while she hoped. Despite her best efforts to make also showing the vulnerability Her comeback single easily up for her absence, her attempts fail and only experienced the magic of love. that comes with it. became part of the New Music make things worse. The song showcases her “Something” has a soothing ability to connect with her Friday Philippines playlist on Paulate expressed his excitement about melody and, given Julie Ann’s Spotify and reached the No. audience on a deep emotional working with Soriano again. evocative vocals, it transforms 6 spot on iTunes Philippines level and reaffirms her status In the film’s media conference, the into pure magic and is sure to Charts for All Genres and Pop as one of the country’s most comedian shared, “I won’t deny the fact that resonate with anyone who has beloved and celebrated artists. categories. my excitement to work with Marya again is
Julie Anne sports blond hair
including “Rain in Espana” leading man Marco Gallo.
different. We see each other at parties, we see each other during productions, but we haven’t worked together again until now. Our ages were different back then.” “When they presented the project, it was actually just one meeting. I said, ‘Okay, let’s do it.’ I thought about it for a while until Maria arrived, saying, ‘Isn’t this discussion over yet?’the 63-year-old actor joked. “But actually, I did say yes because the story is so beautiful. There’s no pretension here. It’s an honor again to work with the Diamond Star, Maricel Soriano,” he added. In return, Soriano is also happy to be reunited with Paulate, praising him as a versatile artist. “Dick is an excellent artist. He is not only skilled in drama but also excels in comedy. But Dick is tearjerking when doing drama. Maybe because I love him so much, I am deeply affected by him. Even though the movie is a drama, we are very happy on the set,” she shared. Santos’ first starring role Meanwhile, Santos felt honored to have worked with both Soriano and Paulate in his first starring role. Previously, he has appeared in projects such as “Durugin ang droga” (2017), “Maria” (2019), “Mamasapano: Now It Can Be Told” (2022), and “Darna” (2023). Expressing gratitude for the veterans’ support and guidance Santos said, “It’s a tremendous honor to have the opportunity to work with them. They are both very supportive, and I want to express my gratitude a thousand times, including our director FM Reyes. I wouldn’t have been able to interpret my challenging role well without their help and guidance.” “I’m truly happy that they appreciate all my efforts to do justice to my role. At first, I was nervous working with Aunt Maricel and Uncle Dick because we all know they are veterans in the industry. But they really guided me every step of the way. I listened to them and tried to absorb all their advice, and that was a Continued on Page 9
Michelle Dee given 9 community Miss Universe winner’s homecoming welcome, parade Women empowerment in Pangasinan The Asian Jour nal MDWK MAGAZINE - November 29, 2023
Brotherhood-USA leadership
By Jan Milo Severo Philstar.com
MISS Universe Philippines 2023 is glad that Filipinos wholeheartedly welcomed her home even without a crown. In her Instagram account, Michelle Dee posted photos in Ninoy Aquino International Airport with lots of fans welcoming her home. “Feels good to be back home. With or without the crown, all of you made me feel like I was a winner,” she wrote. Michelle said that all her Miss Universe effort and sacrifice are all worth it after receiving a warm welcome from her “kakabayans.” “Last night was so overwhelming! All I could feel was so much love and support from all of you,” she said. “It was definitely not an easy road to get to this point but everything was well worth it! Madami pa tayo pagdadaanan and I can’t wait to bring you along the ride with me. Mahal na mahal ko kayo #FILIPINAS. “Maraming Salamat. Sobrang nakakataba ng puso. I can’t wait to see you all soon at the parade!” Michelle ended her journey in the Top 10 of the pageant. Nicaragua’s Sheynnis Palacios won the first Miss Universe title for her country.
From My Point of View Dan E. nino
LIONG BEACH, CA — It appears that “Women Empowerment” in Pangasinan Brotherhood-USA’s top leadership team seems to be the mantra as the incoming board of directors elected two women to lead this non-profit, 501-C-3, charitable umbrella organization for the next two years. Sue Ann Estrada-Tumakay, current president of San Carlenian Organization and Ellen Rodriguez-Swing of Burgos town and president of Cerritos Chamber of Commerce, were unanimously elected as president and board chairperson respectively of PBUSA. Both are also members of the board. The 52-year-old Ms. Tumakay, a certified physician assistant, succeeds her sibling Neil M. Estrada as president while Ms. Swing, an accountant, succeeds Dan E. Nino as chairman of the Board. The freshly-minted leaders are the first elected women tandem to hold the top two leadership positions in the organization. In her brief statement In her Instagram account, Michelle posted photos in Ninoy Aquino International Airport with after the NOMELEC declared lots of fans welcoming her home. Photo from Instagram/@michelledee and certified her election on Nov. 19 held in Long Beach, Ms. Tumakay told her fellow Pangasinenses, “It is an immense honor and privilege to represent our wonderful From Page 8 organization as your next significant help in bringing out any talent I have in acting,” he president. With profound added. gratitude, I humbly accept the When asked how Soriano would rate the newcomer in his appointment and responsibility most challenging role to date as her autistic son, the veteran to serve the organization. With actress said, “He played it very well. There’s a scene where I hugged him. It was the first time for me to do it after not seeing God’s grace, the wisdom and guidance of past and present him for a long time, and he felt shy about it. He didn’t know officers, I vow to fulfill my how to react, but he embraced me wholeheartedly. He was so utmost best to uphold and apologetic after the take, but it came out very convincing.” Also starring in the film are veterans Ruby Ruiz, Maila Gumila, execute the mission, values and goals our founders had and Ogie Diaz, as well as young stars Elyson de Dios, Vivoree established. May we continue Esclito, Reign Parani, Inah Evans, and Bong Gonzales.
Roderick, Maricel...
PB-USA Incoming Board Members
to prosper as an organization by working together to foster goodwill, charity and service not only towards each other but also with the greater community. Thank you everyone for the vote of confidence and entrusting me with this role.” For her part, Ms. Swing, 47, said, “In accepting the role of board chairperson, I am both honored and humbled by the confidence given to me by the officers and members of this amazing organization. The mission of our organization is not merely a statement but a commitment to intelligent participation, personal growth, and the development of kinship among Pangasinenses both locally and globally. Under the grace and guidance of our dedicated membership who have preceded me, I humbly aim to help execute the organization’s vision to be a positive change and prosperity for our province. I look forward to collaborating with all sectors to fulfill our mandate. Thank you for trusting me with this responsibility.” Following the election, the incoming chief executive, immediately appointed Josie Carayugan-Khoo, president of Bayambang Assn. of Southern California as the executive vice president while the Board elected Danny Tejada, president of Assn. of Mangatarem Overseas
PB-USA’s Women Empowerment
Residents of Southern California (AMOR) as vice chairman of the board. Other members of the Board who will assume office on Jan. 1, 2024, is a combination of old guards and young turks include: Nieves Coquia of Dagupan City Club of Southern California, Pio Roque Coquia (Greater Dagupan City Assn. of California), Jann DoctorBergado (Santa Barbara), Marites Orencia-Bautista (San Fabian), J.R. Araquel (Alaminos City), Dean Mandapat (San Carlos City), Noemi ViloriaDumlao (Bani) and Henry Estrada (Calasiao), The board members were first nominated during the Pangasinenses’ picnic held at Don Knabe Community Regional Park in the City of Cerritos. The freshly-minted board members and executive officers will be sworn-in on Dec. 9, 2023 at 6 p.m. at the Cerritos City Performing Arts’ Sierra Room on Bloomfield Ave., Cerritos. Pangasinan BrotherhoodUSA, founded in 1978 by the late Ambassador Armando C. Fernandez and former consul general of Los Angeles not only aims to preserve and promote its people’s unique culture and tradition but get engaged in its native province. Among its past contributions to the upliftment of the Pangasinan and its people were providing relief goods during natural calamities,
donated low-cost housing in partnership with Rotary Club and Gawad Kalinga, donated books to the municipal library of Alaminos City, provided supplemental scholarship grants to deserving collegebound students, promoting local products and crafts of the province in Los Angeles, cooperative funds to some municipalities, educational workshops, among others. Sue Ann EstradaTumakay, the 18th president of the association follows a long list of venerable past leaders including (in order of succession): Alfredo C. Reyes, Rene D. Casaclang, Ray Parayno, Adolfo U. Dotimas, Ernesto A. Reyes, Mel Castelo, Tony Barlongo, Tony Banaag, Gil B. Mislang, J. Bing Dela Vega, Ads Diaz, Mely I. Cerame, Dan E. Nino, Eddie C. Ferrer, Lino Caringal, Ferdinand Soriano and Neil M. Estrada. For reservation on its Christmas & Induction Ball, interested parties may call: Danny Tejada (treasurer) @ 562822-0852; Rhenee M. Ferrer (seating arrangement chair) @ 562-525-0687 and Neil Estrada (president) @ 562-301-9972. *** 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. *** denino1951@gmail.com
10 community
The Asian Jour nal MDWK MAGAZINE - November 29, 2023
What is the difference between an annulment and a divorce?
‘Ang Christmas ay panahon ng kapatawaran’: Barrister’s Corner Bea Alonzo, Lolit Solis reconcile By JAN MILO SEVERO
ATTY. KENNETH URSUA REYES
Philstar.com
KAPUSO actress Bea Alonzo and veteran showbiz columnist Lolit Solis have settled their differences. According to a Bandera report, Bea and Lolit reconciled recently during the birthday of Beautéderm president Rhea Tan. “Ever since naman, hindi ako galit sa kanya. Kahit noon pa, sinasabi ko, kahit saan ko pa siya makita, magso-sorry ako,” Lolit said. “Talagang that time, pinaglaruan ko lang dahil naiirita ako sa isang taong malapit sa kanya,” she added. Lolit also admitted that it’s her fault because Bea did nothing to harm to her. “Oo, talagang apologetic ako talaga sa kagagahan ko, ‘di
Bea Alonzo and Lolit Solis reconciled during the birthday of Beautéderm president Rhea Tan. Lolit Solis via Instagram
ba? Talagang sabi ko, ‘Bakit ko ba inaano itong si Bea e, hindi naman kami… (magkaaway).’ Ang ibig ko sabihin, hindi naman kami magka-close. “Pero talagang kagagahan ko, tuluy-tuloy ‘yun e. Marami naman akong naririnig na
magagandang bagay tungkol sa kanya. Sina Lorna (Tolentino), sinasabi sa akin mabait siya. “Sina Christopher de Leon, sinasabi sa akin. ‘Yung mga alaga kong artista, lahat (pinupuri siya), kaya alam kong Continued on Page 11
WHAT is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it has the same effect as if the marriage never existed. A nullity results in a void. In California, any spouse can obtain a divorce regardless of the reason. A common basis used is a catchall phrase “irreconcilable differences.” However, anyone who wants to end a marriage can end the marriage and there is nothing the other spouse can do to stop that. However in a petition for nullity, the court will not automatically grant you the nullity. There has to be a legal basis for seeking the nullity as outlined in the family code. Some of the basis are 1) entering into a bigamous marriage 2) incestuous marriage 3)fraud in obtaining the other spouse’s consent to marriage 4) incurable physical incapacity 5) unsound mind among others. The petitioner would have to prove one of these grounds in court to be able to get a nullity. In a Nullity, there is a statute of limitations. That means you have to file your nullity within a
certain time period depending on the basis for seeking the Nullity. Each ground has a different statute of limitation. For example, if you are filing the nullity based on fraud, you have to file within 4 years of discovering the fraud. If you blow the statute of limitation, this can be used as a defense to dismiss your case. On the other hand there is no statute of limitation in a divorce. You can file a divorce at any time regardless of how long you have been separated from your spouse. In a divorce, husband and wife are presumed to be the parents of children born during the marriage. In a Nullity, the marriage has no validity so it will affect the presumption of parentage of the children. The Court will have to make a finding of parentage for the children on a different basis before it can make orders relating to custody, visitation, and support. The treatment of spousal support (alimony) is different between the two. In a divorce, the spouse that has less earning capacity and access to resources may seek an award of spousal support. This is not available in a Nullity since the marriage is invalid and there is no spouse as a result. The division of property is also different. In a divorce, community property is divided equally between the spouses. In a nullity, since there is no valid marriage, there is no community property created and properties are not divided between the spouse. Similarly, neither party can receive survivorship benefits and inheritance rights from the other party in a Nullity.
Finally, there are different immigration consequences between a divorce and a nullity when an immigrant spouse is involved. In a divorce, the immigrant spouse who obtains a greencard from a US Citizen spouse stands a bigger chance of keeping his or her greencard and ultimately become a US Citizen. In a nullity, the immigrant spouse may lose their greencard status when the marriage is found to be invalid since it is the basis for the greencard. It can jeopardize the immigration status of the legal permanent resident spouse. *** 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. (Advertising Supplement)
Forgiving heart eludes Pokwang By RONNIE CARRASCO III ManilaTimes.net
FORGIVENESS is a term yet to find its way into Pokwang’s vocabulary. For a short while, the comedienne had mellowed as far as badmouthing her erstwhile partner Lee O’Brian on social media is concerned — thanks to her BFF Eugene Domingo. Having wrapped up work in a movie together, Uge (as Eugene is known for in showbiz circles) became Pokwang’s adviser. Obviously with a broader understanding about life, Uge made Pokwang realize it’s about time the latter refrained from posting her hate comments against Lee. While she perfectly understands where Pokwang’s coming from, Uge is more concerned about Malia, her daughter by Lee. At 4, the pretty Malia may not fully grasp what happened to her parents and the cause of their separation — but she will, given a few more years. Continued on Page 11
It took a dear friend’s practical wisdom to knock some sense in Pokwang’s head but stubbornness got the better of her. Instagram photo/@Itspokwang27
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The Asian Jour nal MDWK MAGAZINE - November 29, 2023
Karla Estrada denies confirming Daniel Padilla, Kathryn Bernardo breakup Kris Aquino
Photo from Instagram/@krisaquino
Kris shares new health setbacks
KRIS Aquino has encountered new setbacks in her path to recovery from autoimmune diseases. In an Instagram post on Sunday, November 26 she shared the challenges she is facing, including abnormalities in her blood panel that demand immediate medical attention. “There’s something I chose not to reveal but I feel I must. There were some abnormalities in my blood panel. My hemoglobin hit an all-time low, my sodium was as always low, but my potassium also dropped. If I want to get healthier it starts with my nutrition,” Aquino said. Since the 52-year-old is unable to tolerate iron supplements, she will receive iron infusions instead. “My Churg Strauss syndrome can affect many organs because it causes damage to blood vessels. My lungs have already shown some minor damage, but now my heart is showing signs of exhaustion - just to pump blood that lacks nutrients all over my body, it needs to overcompensate,” she said. Aquino has been in the United States since June 2022 to undergo treatment for her autoimmune conditions. So far, she is diagnosed with chronic spontaneous urticaria, autoimmune thyroiditis, churg strauss syndrome or EPGA, scleroderma or Crest Syndrome. The actress-host has since been keeping her followers updated on her journey through social media. (By Iza Iglesias/ ManilaTimes.net)
Forgiving heart eludes...
From Page 10 With every little thing readily available on social media — no matter how trivial — Malia will sure stumble upon an item or two about her parents’ hostility toward each other. This won’t help the child cope with the kind of family she was born to. Worse, Malia may develop feelings of resentment toward Lee — thinking it was solely her father’s fault. Of course, that wasn’t clearly the case. And we believe Pokwang’s version of the story — well, for the most part. Albeit childless as of yet, Uge’s heart goes out to blameless kids out there who are often at the receiving end of their parents’ failed relationships. It took Uge’s practical wisdom to knock some sense in Pokwang’s head. Or so the netizens thought. Stubbornness — again — got the better of Pokwang. Her what we may call “baitanbaitan school of acting” on social media was brief as it was pretentious. What triggered Pokwang’s anti-Lee mien anew was Ryan Bang’s guesting on “Fast Talk with Boy Abunda.” On the afternoon show, the South Korean yet Pinoy-at-heart TV host expressed his gladness if he’d be allowed to stay in the country for as long as he so wished. Ryan shared how he has gotten used to our culture, and
how he has endeared himself to us Filipinos — who love him back just the same. Pokwang must have monitored that particular episode, if only for having conveniently found a way to connect Ryan’s case to that of Lee’s. Pokwang then posted in the vernacular: “Ryan deserves to stay here because he’s a good person, who’s neither a user nor an opportunist compared to the others out there!” A no-brainer guessing game, there could be nobody else Pokwang was alluding to. Comments from netizens who could only take so much of Pokwang’s anti-Lee’s posts poured in. One social media user snapped back: “What can make you forgive Lee? Wasn’t it enough that you drove him out of the house, and the next thing you wanted was to drive him out of the country?” Still another netizen — who shared Eugene’s advice to Pokwang — wrote: “Shouldn’t you be thankful you met Lee in your life? Get real, without Lee, you wouldn’t have born a pretty Malia into this world.” “Move on, will you?” another netizen told Pokwang. It’s a pity that Eugene’s well-meaning advice as well as the netizens’ have fallen on deaf ears. Telling Pokwang to give Lee a break is simply an exercise in futility!
By Jan Milo Severo Philstar.com
TV host Karla Estrada denied Cristy Fermin’s report that she confirmed the breakup of her son Daniel Padilla with long-time girlfriend Kathryn Bernardo. In her official Facebook page, Karla posted a report, dispelling it as not true. “Ito po ay walang katotohanan,” Karla wrote. “Kailan man ay hindi ko pang hihimasukan o pangungunahan ang personal na buhay ng mga anak ko,” she added. In an episode of “Showbiz Now Na,” Cristy claimed that Daniel and Kathryn are now really separated. “Kami po, maninindigan po kaming tatlo na hiwalay na si Daniel Padilla at si Kathryn Bernardo. Umamin na po si Karla Estrada sa isa niyang kaibigan na wala na, tapos na,” Cristy said. “Ngayon, ang desisyon kung ipagpapatuloy pa nila ang relasyon na ito, magiging masaya po kami. Sana nga
KathNiel
ABS-CBN / Released
mauwi sa pagbabalikan ito,” she added. Daniel and Kathryn breakup rumors began when showbiz insiders claimed that Daniel and Andrea Brillantes were
secretly seeing each other. Eagle-eyed social media users noticed that Kathryn and Andrea already unfollowed each other on Instagram.
‘Ang Christmas ay panahon ng kapatawaran’: Bea Alonzo... From Page 10 mabait siya. Kaya sabi ko, ‘Bakit ko ba ginaganito si Bea, e, wala naman kaming pinagawayan.” For her part, Bea said she was surprised to meet Lolit
at the event. “Christmas na Christmas. Ang Christmas ay panahon ng pagmamahalan, mga kapatawaran, ‘di ba?” Bea said. “Merry Christmas! Nagulat ako, hindi ko alam. Ngayon
lang kami nag-meet sa personal,” she added. Bea then told Lolit “And I wish you good health more than anything. Totoo iyan.” “And I wish you good life, with Dominic (Roque),” Lolit
replied. Their rift started when Bea’s manager allegedly banned Lolit in a Beautederm event. Since then, Lolit wrote about Bea on her column and Instagram account.
12
The Asian Jour nal MDWK MAGAZINE - November 29, 2023
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