DECEMBER 5-8, 2020 Volume 30 - No. 96 • 2 Sections – 18 Pages
COVID-19 crisis escalates in California as DATELINE USA US commits P875-M officials impose regional stay-at-home orders for HIV-AIDS fight FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
by JOSEPH
PERALTA AND KLARIZE MEDENILLA AJPress
THE United States has committed $18.2 million or P875 million to support the Philippine CALIFORNIA Governor Gavin Newsom announced government’s program against human immu- a new coronavirus order on Thursday, December 3 nodeficiency virus-acquired immunodeficien- which is intended to address the surging COVID-19 cy syndrome (HIV-AIDS). cases in the state. The U.S. Embassy in Manila on Tuesday launched the President’s Emergency Plan for AIDS Relief (Pepfar) in observance of World AIDS Day. The embassy said through Pepfar, “The U.S. government has committed more than P875 million over two years for U.S.-Philippines bilateral efforts.” The fund will be implemented by the U.S. Agency for International Development (USAid), U.S. Centers for Disease Control and Prevention, U.S. Health Resources and Services Administration and the U.S. Department of Defense. The Pepfar program will address the increasing number of people with HIV in the u PAGE A3
The new order — which goes into effect on Saturday, Dec. 5 — divides California into five regions and will be triggered when a region’s intensive care unit (ICU) capacity drops below 15%. “As early as the next day or two and as late as the next week or so, we expect regions to reach 15% or less in ICU capacity,” the governor said on Thursday.
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Judge restores DACA, orders DHS to accept new applications by CHRISTINA
M. ORIEL
AJPress
LA County launches holiday COVID-19 home test collection pilot LOS ANGELES County launched a new COVID-19 home test collection program this week, which allows certain county residents to do free testing from the comfort of their own homes. The home test collection program will run through January 15, 2021. It aims to help address the current surge in demand for testing and reduce the spread of COVID-19 during the holiday season when people may risk exposure. Individuals can have testing kits mailed to their home if they: • Have COVID-19 symptoms; or • Were recently in close contact with someone who has COVID-19 or is suspected of having it; or • Are a senior or person with disabilities who feel they were exposed to COVID-19, but are unable to go to a testing site. “As the surge in cases and hospitalizations continues, LA County is trying innovative ways to meet the testing demand and stem the community spread of the virus,” said Dr. Clemens Hong, who oversees COVID-19 testing for LA County under the Department of Health Services. u PAGE A4
“The bottom line is if we don’t act now, our hospital system will be overwhelmed,” he added. “If we don’t act now, we’ll continue to see a death rate climb [and] more lives lost.” Under the new sweeping order, the state will be put into five distinct regions – Northern California, the San
UNLOADING. Personnel of the Philippine Airport Ground Support Solutions, Inc. (PAGSS), along with Qatar Air Force personnel, unload the medical and other relief goods at the tarmac area of the Ninoy Aquino International Airport (NAIA) Terminal 1, Pasay City on Friday, December 4. Qatar Fund for Development upon the directives of His Highness Sheikh Tamim bin Hamad Al Thani, Emir of the State of Qatar, provides urgent assistance to those affected by the recent typhoons that hit the Philippines. Around $250,000 (approximately P12 million) worth of relief goods were donated by the Qatar Red Crescent. PNA photo by Robert Oswald P. Alfiler
FOR the first time in three years, the program that has protected young undocumented immigrants from deportation will accept new applications. Judge Nicholas Garaufis of the U.S. District Court for the Eastern District of New York on Friday, December 4 ruled that the Deferred Action for Childhood Arrivals (DACA) program will be restored to its original form, and that the U.S. Department of Homeland Security must post a public notice by Monday that it will review new applications. The approved applications will receive work permits for two years. This comes after the Trump administration in 2017 moved to terminate the program, but the legality of the program has been weighed by several federal courts, including the Supreme Court this summer. DACA, which was introduced by former President u PAGE A4
Economists: PH economy to bounce back in 2021 by RITCHEL
MENDIOLA AJPress
GLOBAL investment banking giant Goldman Sachs has laid out a promising economic outlook for the Philippines next year. In their November report entitled “ASEAN 2021 Outlook: Vaccine Critical to Regional Recovery,” Goldman Sachs economists Andrew Tilton, Danny Suwanapruti, and Jonathan Sequeira said they expect growth to “rebound the most in the Philippines (9.4%) and Malaysia (6.6%), which were among the hardest hit by virus containment this year.” “We’re optimistic about growth in Asia-
Pacific next year,” said Tilton. “We think the region could grow more than 7% in 2021. We’re optimistic about the world also – we think the world can grow about 6% — but especially optimistic about Asia-Pacific,” he added. On the other hand, the banking giant forecasted the country’s gross domestic product (GDP) this year to post the biggest contraction in the Association of Southeast Asian Nations (ASEAN) at 8.5%. This is followed by Malaysia at 6.5%, Thailand at 6.3%, Singapore at 5.8%, and Indonesia at 1.8%. Goldman Sachs attributed its 2020 GDP u PAGE A2 A new study found that Filipinos spend about 4,252 days on social media in their lifetime.
Inquirer.net photo
Pacquiao elected as new president of Duterte party PDP-Laban Report: Filipinos top social media users in the world by RITCHEL
MENDIOLA AJPress
Senator Manny Pacquiao
Senate photo by Joseph Vidal
PHILIPPINE Senator Manny Pacquiao on Wednesday, December 2, was sworn in as the new president of the Partido Demokratiko Pilipino-Laban ng Bayan (PDP-Laban), the political party of current President Rodrigo Duterte. Meanwhile, House Speaker Lord Allan Velasco took his oath as the party’s new executive vice president during a “hybrid” fellowship night at Las Casas Filipinas de Acuzar. “We are not beholden to big businesses, foreign entities, nor vested interests, but only to the Filipino people. We are here to fight for the poor, the jobless, the homeless, the voiceless and the
hopeless,” said Pacquiao. He added, “This is what the PDP-Laban under Manny Pacquiao will stand for.” The senator also stressed that the party must heed Duterte’s call for a more aggressive stance against corruption, describing it as a “cancer that has tormented our government for generations.” According to Pacquiao, the party members must lead by example by shunning all forms of corruption. “I am very angry with corrupt officials as well as the corrupt, curious government workers. They are stealing the people’s money, money that should be for programs and projects that will help our suffering kababayan,” u PAGE A3
by RITCHEL
MENDIOLA AJPress
A NEW social media analysis revealed that the Philippines has spent the most time on social media platforms than any other country in the world. According to marketplace OnBuy.com, Filipinos spend an average of 102,054 hours or 4,252 days on social media during their lifetime, which puts the Philippines at the top of the list for the most social media-obsessed country. The country, however, was at the bottom 10 countries for average life expectancy. “People from the Philippines
may live until 72 [years] on average,” noted the data released on Tuesday, December 1. Columbia ranked second with an average of 101,288 hours or 4,220 days on social media and an average lifespan of 74 years. Japan, on the other hand, ranked as the country least obsessed with social media, spending 20,928 hours or 1,289 days on social media during their lifetime. It also has an average life expectancy of 85 years. OnBuy surveyed 2,153 people from 45 countries, of which 66% said they use social media to keep in touch with friends and family amid the on-going COVID-19 u PAGE A2
A december 5-8, 2020 • LA WeeKeNd ASIAN JOUrNAL
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From the Front Page
COVID-19 crisis escalates in...
PAGE A1 t Francisco Bay Area, Greater Sacramento, the San Joaquin Valley and Southern California. All counties within a region are expected to abide by the stay-at-home order when that region falls into the order’s parameters. If a region falls below the 15% ICU threshold, it will have 24 hours
to implement the Stay at Home Order. The Northern California region includes Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Shasta, Siskiyou, Tehama and Trinity counties. The SF Bay Area region includes Alameda, Contra Costa, Marin, Monterey, Napa, San Fran-
cisco, San Mateo, Santa Clara, Solano and Sonoma counties. As of Friday, December 4, five Bay Area counties announced they would proactively enter into the restrictive lockdown. Santa Clara, San Francisco and the city of Berkeley will begin theirs on Sunday, Dec. 6, with Alameda starting on Monday, Dec. 7, and Contra Costa and Marin on Tuesday, Dec. 8. Meanwhile, Sonoma, Napa, Solano, San Mateo counties are not included in this announcement. The Southern California region’s counties are Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura. The Greater Sacramento region includes Alpine, Amador, Butte, Colusa, El Dorado, Nevada, Placer, Plumas, Sacramento, Sierra, Sutter, Yolo and Yuba counties. Finally, San Joaquin region includes the following counties – Calaveras, Fresno, Kern, Kins, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tulare and Tuolumne. When triggered, the stay-athome order will close the following types of businesses: restaurants for all on-site dining, breweries and wineries, indoor recreational facilities, hair salons, personal care services, movie theaters, museums, cardrooms and casinos, family entertainment/amusement centers and playgrounds. Hotels may remain open to provide critical infrastructure support, while churches and places of worship can hold outdoor services. Retail stores and shopping centers can stay open indoors, but with only 20% capacity. Film production and other entertainment can continue as well as professional sports, but without live audiences. As for schools, K-12 students will not be affected by the order. Educational institutions which are open for classroom instruction will remain able to do so. People in a region where the stay-at-home order gets enforced will have to, as much as possible, limit travel and mixing with other people outside their household. Like the stay-at-home order issued early this year, people from the same household will be allowed to go outside for physical activity
u PAGE A3
DREDGING MANILA BAY. A dredging machine digs near the breakwater of the Manila Bay on Wednesday, December 2. The dredging of the bay is part of the national government’s Manila Bay Rehabilitation Program. PNA photo by Avito C. Dalan
Economists: PH economy to bounce back...
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projection for the Philippines to its national lockdown as well as its limited success with domestic virus containment. As for its 2021 forecast, the banking giant said it relied on the country’s response to the pandemic and vaccine rollout. “Given the extended demand contraction and limited fiscal offset to private sector balance sheets, we also build in larger permanent output losses going forward,” said Goldman Sachs. “However, with virus spread now slowing domestically, some
relaxation in containment policies is likely — and this combined with the deployment of an effective vaccine next year could see a meaningful normalization in service sector activity in the second half of 2021,” it added. Goldman Sachs also noted that the Philippine government is eyeing to normalize capital expenditure (capex) spending under President Rodrigo Duterte’s centerpiece “Build, Build, Build” (BBB) Program” next year. “Program expenditures are expected to contract 6% this year as the government pri-
oritized social and health-care spending. However, we expect capex spending to rise to 5.6% of GDP in 2021 with the government budgeting a 40% increase in capex spending in 2021,” it said. “Compared to previous years, when the government relied entirely on its budget to finance infrastructure spending, there will also be higher private participation — with around 30% of ‘Build, Build, Build’ projects now expected to be financed by the private sector,” Goldman Sachs added. n
PAGE A1 t pandemic. Sixty-one percent said they use social media for news, while 54% use it “just to fill spare time.” The United Kingdom-based online marketplace also noted that the fear of missing out or “FOMO” is another reason why respondents use social media platforms. “A scary 30 percent believe that if they don’t use social media daily, they will be missing out on the latest gossip,” OnBuy said. “[A]n alarming quarter of those surveyed (25 percent) said they have turned down a night out to
spend further time on social media instead,” it added. Not obsessed A sociologist from the University of the Philippines (UP) came to the defense of Filipinos, insisting that the public’s relationship to social media should not immediately be characterized as an “addiction.” “The fact that Filipinos spend a lot of time on social media result from a lot of different factors,” said UP sociologist Athena Presto. She added, “It’s not just because we are so hooked, but also because our current context and
circumstances predispose us to looking at our screens (more).” According to Presto, the global health crisis is one of the reasons why Filipinos spend a long amount of time online. Another is slow internet connection. “Sociologically speaking, it’s hard to say that Filipinos are addicted to social media… because the assumption is that it’s an abnormal activity and you are the only one who experience that,” she said. “So I don’t think it’s appropriate to describe our relationship with social media as addiction,” she added. n
Report: Filipinos top social media users...
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Dateline USa
Insurance Commissioner Lara protects nearly 347,000 LA County policyholders affected by Bobcat Fire from policy non-renewal for one year Nearly 2.4 million California policyholders statewide now covered under Commissioner’s mandatory moratorium as a result of 2020 wildfires
LOS ANGELES — Insurance Commissioner Ricardo Lara added nearly 347,000 Los Angeles County policyholders affected by the area’s largest 2020 wildfire to the mandatory one-year moratorium on insurance companies non-renewing or cancelling residential property insurance policies—bringing the total to nearly 2.4 million policyholders statewide due to this year’s wildfires. The Commissioner’s action implements a California law that he authored in 2018 while serving as state senator in order to provide temporary relief from non-renewals to residents living within or adjacent to a declared wildfire emergency. The December 3 moratorium order follows Governor Gavin
Newsom’s emergency declaration on September 25 for the Bobcat Fire, giving protection to homeowners for one year from that date for residential insurance policies located in ZIP codes within or adjacent to the fire perimeter. The Order includes foothill communities in Azusa, Monrovia, Arcadia, La Cañada Flintridge, Pasadena, Altadena, Glendale, Covina, Baldwin Park, Claremont, La Crescenta, Upland, Sierra Madre, Glendora and others — as well as areas of Lancaster and Palmdale to the north. Consumers can go to the California Department of Insurance website to see if their ZIP code is included in the moratorium. “California’s devastating
wildfires have affected millions of residents, and the last thing they need is to have to search for new insurance while they are still recovering,” said Insurance Commissioner Ricardo Lara. “By pushing the pause button on nonrenewals, we will give breathing room to wildfire-scarred communities and homeowners as we all adapt, take steps to mitigate risks, and find further solutions to help stabilize the insurance market.” “After such a challenging year for so many of our Los Angeles County communities, this resource is deeply needed and appreciated,” said Los Angeles County Supervisor Kathryn Barger. “Thank you to Insurance u PAGE A4
US commits P875-M for HIV-AIDS...
PAGE A1 t Philippines, which has the fastest growing cases in the Asia-Pacific region. “As a friend, partner and ally of the Filipino people, we remain committed to assisting the Philippine government in addressing this disease so that the country can meet its development objectives in health and progress along its journey to self-reliance,” USAid Acting Mission Director Patrick Wesner said. Data from the Department of Health’s Epidemiology Bureau showed that in 2020, more than 110,000 Filipinos had HIV. “And among those previously diagnosed, at least 18,500 still need to be enrolled in life-saving antiretroviral therapy,” the embassy said. It noted that under Pepfar, the USAid would work with the Health department and local community organizations in Metro Manila, Central Luzon and Calabarzon, “the highest HIV burden areas in the country.” “This new Pepfar program will support the Philippine government in reaching the UNAids 9595-95 targets for HIV epidemic
control, meaning 95% of those infected with HIV know their status, 95% of those who know their status receive treatment and 95% of those on treatment achieve viral suppression,” it added. The USAid will expand the Philippines’ prevention strategy through increased access to HIV pre-exposure prophylaxis, strengthen HIV testing and casefinding, and connect HIV-diagnosed clients with better HIV treatment regimens and retention programs. Health Secretary Francisco Duque 3rd on Monday said 21 HIV cases are reported every day. He stressed that even as the country grapples with the coronavirus disease pandemic, the government and other sectors should also focus on the prevention and reduction of transmission. He said the government would continue to provide quality care to persons living with HIV and AIDS. The Department of Health, together with the Philippine National AIDS Council, marked World AIDS Day on Tuesday with the
Pacquiao elected as new president of Duterte party... PAGE A1 t he said. Pacquiao replaced Sen. Aquilino “Koko” Pimentel III, who is now PDP-Laban’s executive vice chairman. “Senator Koko Pimentel has passed on the practical day-today leadership of the Party to one with new, ‘modern’ ideas and one who has the time, energy, and boldness to prepare the
Party for the 2022 national and local elections,” Ron Munsayac, PDP-Laban executive director, said in a message as reported by the Philippine Daily Inquirer. To date, PDP-Laban has five senators, 58 congressmen, 43 governors, 22 vice-governors, 257 board members, 608 mayors, 541 vice-mayors, 4,081 councilors and 100,000 grassroots community leaders. n
theme “Global Solidarity, Shared Responsibility,” which recognizes and celebrates the contribution of partners and stakeholders in the continuing response against HIV. The virtual celebration of World AIDS Day will run from December 1 to 15. (Bernadette Tamayo/ManilaTimes.net)
LA WEEKEND ASIAN JOURNAL • DEcEmbER 5-8, 2020
COVID-19 crisis escalates in...
PAGE A2 t or exercise. The order will also still allow people to continue with essential activities, which includes going to the grocery, going to the doctor, and picking up takeout. Once an order gets triggered for a region, the stay-at-home order remains in effect for at least three weeks. So far, no region falls within the parameters of the new stayat-home order, although Gov. Newsom indicated that that may change within a week or so. Businesses within a region that falls into the new stay-at-home threshold will have 48 hours to comply with the mandate. The regional strategy is intentionally designed to make sure that neighboring counties have the capacity to help each other out, according to California secretary of health and human services Dr. Mark Ghaly the article pointed out. Under this tier, which is also referred to as Tier 1, retail stores and bookstores can open with a maximum 25% capacity, while museums, zoos and aquariums can open outdoors only with modifications. Places of worship, gyms and fitness centers can offer services but only outdoor. Also under the purple tier, breweries, distilleries and bars that do not serve or provide meals must close. Groceries, which are considered essential businesses, can continue to operate at 50% capacity. Schools that have not opened in any capacity, meanwhile, must keep their campuses closed with the certain exceptions.
San Diego According to an article in The San Diego Union-Tribune, San Diego county will be lumped with ten other counties in the regional divisions that have significantly less bed availability than San Diego. In the article, it showed that San Diego County as Tuesday, December 1 does not meet the ICU threshold for the regional stay-at-home order, stating that “539 of 853 local licensed intensive care beds were occupied, 38 percent of them by COVID-19 patients. It’s tighter for current bed capacity, which is estimated at 696 beds which would give San Diego a current occupancy rate of 77 percent, still 23 percent away from the 15 percent threshold.” The regional strategy is intentionally designed to make sure that neighboring counties have the capacity to help each other out, according to California secretary of health and human services Dr. Mark Ghaly the article pointed out. Currently, San Diego is in the purple tier in the most recent plan unveiled by the state (Blueprint for a Safer Economy in the covid19.ca.govwebsite) which allows for most businesses to provide for outdoor operations and cease indoor services. San Diego is one of 51 counties in the purple tier in the state. Los Angeles County Los Angeles County continues to be a leader in COVID-19 transmission, and if the current trends continue, the county could be out of ICU capacity by Christmas,
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county health officials warned on Wednesday, Dec. 2. “Based on current modeling, unless there has been and continues to be changes in community transmission, we do anticipate that we will have a shortage of ICU beds over the next four weeks,” LA County Health Services Director Dr. Christina Ghaly said in a briefing. “Hospitals will have to take substantive action to meet the need for hospital and particularly ICU-level care.” As of Friday, nearly 2,500 patients are hospitalized due to the coronavirus in LA County, the highest level the county has seen so far since the pandemic began in March. Ghaly said that if county numbers continue to rise, hospitals may experience unbalanced patient-to-staff ratios, meaning that if the number of coronavirus patients in hospitals continues to rise, hospital staff may have to care for more patients than usual. “This is not an ideal situation and can lead to sub-optimal outcomes for patients, but it is an important last option that is available to hospitals that are facing a high volume of patients,” she said. According to Ghaly, hospitals in LA County are averaging nearly 350 new COVID-19 patients daily, an increase from last week’s average of 300. There have been a total number of 430,583 positive COVID-19 cases since March, as of Friday. The daily total of new infections reached 8,860, the highest singleday count for the county to date, and 60 additional deaths. n
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Dateline USa
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LA County launches holiday COVID-19 home test...
PAGE A1 t “We are doing everything we can to make sure testing is available to all,” Hong said. “This allows us to reach even more people – and they don’t have to risk exposing others by leaving their homes. It’s an important step for combatting the virus in LA County.” The week before Thanksgiving, almost half a million tests were performed in LA County at over 180 community testing sites, hospitals, clinics, and other facilities. The temporary program will
use Picture COVID-19, an FDAapproved home collection test developed by Fulgent Genetics, Inc. For information on how to register, individuals should go to the county COVID-19 testing site. If they qualify, Fulgent Genetics will ship a collection kit to their home within two days. Individuals taking the test at home should follow the directions to collect the sample and take it to a FedEx drop box the same day or have someone take it to a drop box on their behalf. Individuals
will receive the results by e-mail within two days. While waiting for the testing kit and the results, individuals should continue following public health guidance on staying home and avoiding contact with others. The COVID-19 Home Test Collection Pilot launch comes after Thanksgiving weekend, when some may have been exposed to COVID-19 while celebrating or shopping. A modified safer-athome order took effect Monday, Nov. 30 that advises people to stay at home as much as possible and places new restrictions on gather- The Bond fire broke out in Silverado Canyon in Orange County on Wednesday, December 2, affecting some 6,400 acres. As of Friday afternoon, 10% has been contained. Photo courtesy of Orange County Fire Authority ings and businesses. To learn more about COVID-19 testing in LA County, visit covid19. lacounty.gov/testing. (AJPress)
Bond fire scorches 6,400 acres in OC as 25K evacuate homes
Judge restores DACA,orders...
PAGE A1 t Barack Obama in 2012, granted renewable deportation protections of two years to certain young undocumented immigrants, known as “Dreamers,” who were brought to the United States illegally as children. Aside from being able to stay in the U.S., recipients were able to work legally which allowed many to pursue higher education and other career goals. The program, however, does not offer a pathway to citizenship for the grantees. On November 14, Garaufis ruled that the Trump administration’s rules limiting applications and renewals for DACA were invalid because Chad Wolf was not legally appointed acting secretary of the Department of Homeland Security. Wolf in July suspended the DACA program pending DHS review, despite the U.S. Supreme Court blocking the Trump administration’s plan to dismantle the program a month before. Around 650,000 individuals have benefitted from the DACA program. According to Asian Americans Advancing Justice (Advancing Justice), an affiliation of five independent civil rights organizations, at least 16,000 DACA recipients are of Asian American or Pacific Islander (AAPI) descent. Between 2012 and 2017, at least 3,880 Filipinos were granted DACA protection, according to the U.S. Citizenship and Immigration Services (USCIS). n
Multiple homes destroyed as some evacuation orders are lifted despite red flag warnings for several neighborhoods by Klarize
Medenilla AJPress
AS of Friday, Dec. 4, firefighters continue to battle a windcaused wildfire in Silverado Canyon in Orange County, California that has so far burned through 6,400 acres, forcing tens of thousands of residents to evacuate. According to Orange County Fire Authority, just 10% of the Bond fire has been contained. “Firefighters worked through the night extinguishing hot spots, mopping up around structures and stopping the forward spread of this fire,” said OC Fire Authority Captain Paul Holaday in a video posted to Twitter on Friday. Mandatory and voluntary evacuations were ordered for many of the neighborhoods near the city
of Lake Forest with about 25,000 residents evacuated this week as the fire continued to spread. On Friday, evacuation orders were lifted in Lake Forest east of the 241 Freeway north of Alton Parkway. About 500 firefighters have been deployed fighting the blaze and two firefighters from the U.S. Forest Service have been injured, according to authorities. Holaday confirmed that ground units were focusing on the neighborhoods of Santiago, Silverado, Williams and Modjeska. Santa Ana winds decreased on Friday, but region-wide warnings were put in place for the weekend. Although the exact number is unknown, several homes have been destroyed, the OC Fire Au-
thority reported. The Bond fire began on the evening of Wednesday, Dec. 2 due to a house fire that occurred on the 29400 block of Silverado Canyon Road, fire officials reported. The fire scattered to a nearby brush that grew into a wildfire that spanned 10 square miles and caused harmful air conditions. Wednesday’s fire is near the site of the Silverado Fire that spread in October, which also forced thousands of evacuations. The Bond fire is the latest of the worst fire season in California. As of press time, more than 4 million acres have been scorched throughout the state, and six of the fires this season were among the top 20 most destructive in California’s history. n
Insurance Commissioner Lara protects nearly...
PAGE A3 t Commissioner Ricardo Lara for protecting hundreds of thousands of residents in my district, many of whom have been directly affected by the Bobcat Fire, as well as those in adjacent communities who will also be protected from insurance cancellations. This alleviates a significant burden by ensuring they have their insurance as they get back on their feet and is imperative to restore and protect our neighborhoods.” “The impact of the recent wildfires from this year and last have taken a toll on our communities,” said Los Angeles County Fire Chief Daryl L. Osby. “This period of relief for homeowners will pro-
vide everyone, including first responders, with the time and opportunity to examine how we can better protect and harden homes as well as widely share our findings and valuable information with others who have also been affected. Protecting lives and property is our mission – and so is ensuring our homeowners and property owners are ready for any and all major disasters.” Following Governor Newsom’s emergency declaration, the Department of Insurance partnered with the California Department of Forestry and Fire Protection (CAL FIRE) and the Governor’s Office of Emergency Services (CalOES) to identify wildfire perimeters for
the mandatory moratorium area, pursuant to existing law. The Department of Insurance will continue to collaborate with CAL FIRE and CalOES to identify the perimeter of the Mountain View Fire in Mono County, which was included in Governor Newsom’s November 18 emergency declaration, and for any future fires where there is a declaration of a state of emergency. Thursday’s Order also applies to policyholders in ZIP codes affected by the Oak Fire in Mendocino County and in ZIP codes located in Del Norte County affected by the Slater Fire. n (CA Department of Insurance Release)
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Duterte renews calls for universal Prolonged quarantine to remain in 2021 – NEDA access to coronavirus vaccines by czeRiza
Valencia Philstar.com
by Ritchel
Mendiola AJPress
“GROSS injustice.” That’s what Philippine President Rodrigo Duterte called the exclusion of developing countries in accessing safe and effective coronavirus vaccines. In a pre-recorded video message before the United Nations (UN) General Assembly, he renewed his call for universal and inclusive access to COVID-19 vaccines, insisting that no country — no matter its economic standing — should be left behind in the fight against the pandemic. “The Philippines reiterates the call for the universal access of safe and effective COVID-19 vaccines and technologies. If any country is excluded by reason of poverty or strategic unimportance, this gross injustice will haunt the world for a long time,” Duterte said Friday, December 4. “We cannot let this happen.
No one is safe unless everyone is safe,” he added. Duterte also stressed that “lifesaving services and products” must be made accessible to the most vulnerable and they should be given priority. “Our first priority is to strengthen the capacity of health systems. Without a cure and a vaccine, we can only delay the spread of the disease while we open our economies. Life-saving services and products must be made accessible to the most vulnerable,” he said. The chief executive likewise affirmed the country’s support for the global medical and scientific initiatives by the World Health Organization such as the Access to COVID-19 Tools (ACT) Accelerator, the COVAX Facility, and the COVID-19 Technology Access Pool (C-TAP). He assured the Philippines will help in pooling global funds and resources to combat COVID-19. “The end of this pandemic
is still difficult to see, yet the broad outlines of the horizon are breaking through. It is never too early to think of a bouncing-back strategy,” said Duterte. “Now is the time to further strengthen our networks of solidarity and cooperation...the time is now for greater collective courage, meaningful actions to see the end of this pandemic with the path clear in working with each other act, not as separate nations, but one humanity,” he added. The Philippines on November 27 signed a tripartite agreement for two million doses of AstraZeneca’s COVID-19 vaccine. On December 1, Duterte granted the country’s Food and Drug Administration (FDA) the authority to allow emergency use of COVID-19 vaccines and treatments. The order shortens the process of approving vaccines from the regular six months to 21 days. n
On International Day of Solidarity with Political Prisoners, group presses SC to promulgate rules for Kalayaan writ by KRistine Joy
Philstar.com
Patag
MANILA — On the International Day of Solidarity with Political Prisoners, advocacy group Kapatid urged Chief Justice Diosdado Peralta to promulgate a writ of kalayaan geared to decongest jails. Kapatid, families of and advocacy group for political prisoners, on Thursday went to the Supreme Court to tie blue ribbons and paper-cut doves on its gates, reminding the justices that it can exercise “compassionate intervention” to save human life. They also wrote letters to Perata to “leave a lasting legacy by securing the promulgation of the Writ of Kalayaan,” a remedy introduced by Associate Justice Marvic Leonen in his separate opinion on the SC’s decision junking political prisoners’ plea for temporary release amid the
Members of Kapatid tied blue ribbons and paper-cut doves on its gates, reminding the justices that it can exercise “compassionate intervention” to save human life on Thursday, December 3. Photo courtesy of Kapatid
pandemic. Leonen wrote in his separate opinion that the potential Writ of Kalayaan would be geared toward addressing jail congestion. Leonen said: “It shall be is-
sued when all the requirements to establish cruel, inhuman, and degrading punishment are present” and “provide an order of precedence to bring the occupation of jails to a more hu-
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barrel from the previous estimate of $35 to $45 per barrel. Foreign exchange rate asMANILA — The Philippines sumption for 2020 was also is expected to remain under a adjusted to a lower range of prolonged quarantine next year, P48 to 50 against $1 from the with restrictions seen to be re- previous estimate of P50 to moved only in 2022, accord- P52. ing to the National Economic In line with recent trends in and Development Authority global trade, the growth as(NEDA). At a briefing of the Development Budget Coordination Committee (DBCC), acting Socioeconomic Planning Secretary Karl Chua said the revised economic performance projections for next year take into consideration the likelihood of a less strict modified general community quarantine (MGCQ) by next year as the rollout of a vaccine for COVID-19 looms. With an extended quarantine, economic managers now see an even deeper economic contraction for 2020. The DBCC said it now expects the economy to contract by 8.5% to 9.5% this 2020, worse than the previous estimate in July ranging from 4.5% to 6.6%. This would also be the sharpest decline in the gross domestic product since 1984, when the economy contracted by seven%. Despite the lower projection, the DBCC said further relaxation of restrictions, made possible by improvements in the health care system, will keep the economy on track towards recovery. “Thus, GDP growth is projected to bounce back to reach 6.5 to 7.5% in 2021 and 8 to 10% in 2022,” the DBCC said. The Philippine economy remained in recession in the third quarter of the year with a GDP contraction of 11.5%. This was, however, an improvement from the 16.9% decline in the previous quarter. Economic managers said they expect further improvements in the fourth quarter as the government proactively manages health risks posed by the COVID-19 pandemic. The DBCC has also revised its inflation forecast this year, which is now ranging from 2.4 to 2.6%. Assumptions for the price of Dubai crude oil were also revised to $40 to $42 per
sumption for goods exports is maintained at -16% for 2020, while growth of goods imports for 2020 was further adjusted to -20% from -18%. The DBCC said services exports and imports in 2020 are expected to contract further by 21.4% and 19%, respectively.
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A6 DECEMBER 5-8, 2020 • LA WEEKEND ASIAN JOURNAL
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OPiniOn
Emergency approval
FeatURes
AWARE of the regulatory constraints faced by the government, the private sector has pitched in and worked out an initial procurement of 2.5 million doses of the COVID vaccine developed by British pharmaceutical giant AstraZeneca together with the University of Oxford. With two doses needed per person, this means over 1.2 million people, starting with health frontliners, will get the vaccine. The government has said negotiations are also underway for other vaccines developed by US companies Pfizer and Moderna as well as pharmaceutical firms in China and Russia, where voluntary inoculations have reportedly started using locally developed vaccines. Amid the public health emergency, President Duterte has allowed the advance procurement of vaccines even at their development stage, and has ordered the Food and Drug Administration to issue emergency use authorization for the speedy rollout of the vaccines upon arrival in the Philippines. Considering the track record of the FDA in the approval process, the biggest question is when the vaccines can become available. Government regulators need a greater sense
of urgency in this pandemic. The Philippine Red Cross, for example, is still waiting for approval from the Department of Health for saliva test kits, whose widespread use could help revive the tourism and travel industry in particular. With the President’s order for emergency use authorization, the FDA said yesterday that it could approve a COVID vaccine by January next year and these could arrive by March. This is an advanced timetable from the previous best-scenario projection of arrival of the vaccine in June or July. As of Thursday, December 3, the COVID-19 pandemic had claimed 8,446 lives and infected 435,413 people in the Philippines, and pushed the economy to an unprecedented devastating recession. Every month that the pandemic is prolonged and quarantine measures are imposed to contain and lost jobs and livelihoods. While there are risks virus transmission means more deaths, illnesses, in rushing the approval of a vaccine, these must
Editorial
The Fil-Am Perspective GEL SANTOS-RELOS PRESIDENT Donald Trump tweeted on June 8, 2018: “As has been stated by numerous legal scholars, I have the absolute right to PARDON myself, but why would I do that when I have done nothing wrong? In the meantime, the never ending Witch Hunt, led by 13 very Angry and Conflicted Democrats (& others) continues into the mid-terms!” With the defeat of the outgoing 45th President of the United States comes a reality he cannot escape. He loses the shield against all the charges awaiting to be filed against him for his alleged personal, financial, and other transgressions against the Constitution and the rule of law just because of the DOJ memorandum that says no seating president can be indicted. This was why Trump was not charged for obstruction of justice in the Mueller investigation, and for other crimes related to sexual abuse allegations, as “Individual 1” in a court filing on campaign finance crimes that has convicted and sent Trump’s personal lawyer and fixer Michael Cohen to prison, and for other crimes, misdemeanors and violations related to the campaign, elections, busi-
Should Biden pardon Trump to unify the country? Could Trump pardon his own children? ness before and while in office, and his” charitable” foundation. Among others, Politico reported on these crimes: “Trump has faced legal scrutiny throughout his administration for a variety of alleged misconduct related to his acceptance of foreign government money through his luxury Washington hotel, his participation in dubious tax schemes while building his real estate empire, and his involvement in a hush money payment to a porn star in the run-up to the 2016 election — which resulted in federal prosecutors implicating him in his former attorney’s campaign finance crimes. “Meanwhile, Trump has also drawn significant criticism from congressional Democrats and former federal law enforcement officials, who charge that the president has sought to manipulate the Justice Department to advance a political agenda and serve his personal interests rather than those of the nation.” “A possible pardon of Trump by Biden would represent the second such exoneration of a former president by his successor in modern American history. President Gerald Ford famously pardoned Richard Nixon in 1974 after Nixon resigned from the
presidency amid the Watergate scandal, facing the imminent threat of impeachment and removal from office.” This is why the issue of pardon had been much talked about especially as the countdown to Trump’s departure from office is concerned. And with the clemency Trump has bestowed against his close associates including Michael Flynn, the New York Times reported that the president has been in talks with his advisers about granting pre-emptive pardons to his children and his personal lawyer Rudy Giuliani. He is concerned that incoming President Joe Biden “might seek retribution against the president by targeting the oldest three of his five children — Donald Trump Jr., Eric Trump and Ivanka Trump” as well as Ivanka’s husband Jared Kushner, a White House Senior Adviser. Why the concern? First of all, if his children did not commit any crime, why the need for a “preemptive” pardon? Secondly, is Trump projecting his own sense of vindictiveness onto Biden and his unbridled abuse of executive power without regard to fact, the truth, and the rule of law for his personal agenda?
Will Biden’s problems soon begin? Street Talk GREG B. MACABENTA IF the four-year term of President Donald Trump was rocky, it looks like that of President-elect Joe Biden will be just as rocky. In fact, it could even be rockier. First of all, Biden will have to deal with a Trump out for vengeance and a Republican Party wanting to keep control of the Senate and regain control of the White House and the House of Representatives. They have a choice between making sure Biden fails so that he won’t win a second term and they can regain power, or they could tactically cooperate with him on programs and policies for which they could claim credit. Or they could do what every politician professes to be committed to do, which is to promote the welfare of the nation and its citizens – but skeptics think that might be expecting too much of politicians. What is ironic is that Biden will also have to deal with the members of his own party, many of
Philstar.com photo
be balanced with the consequences of waiting too long to start vaccination. (Philstar.com)
whom do not share his centrist posture. There are Democrats whose agendas and ideology tend to be left of center. “Left” really refers to a populist – even a markedly socialist – ideology that envisions a society where all citizens equally enjoy the benefits provided by the State. In a country built by pioneers and self-made entrepreneurs, “equality” is not necessarily appealing. They recoil at the idea of achieving equality by making those who have much, much more carry a bigger part of the social cost to compensate for those who have much, much less. This appears to be the emerging view among the “new Democrats,” epitomized by New York’s young congresswoman, Rep. Alexandra Ocasio-Cortez, as well as by the likes of Sen. Bernie Sanders. Sanders, who has twice vied for and nearly won the party’s presidential nomination, ran on a platform of universal health care and free college education for all, as well as other free social benefits. And how will these be paid for? By levying a heavier tax on the small percentage of the population who control a large percentage of the nation’s wealth. Ocasio-Cortez and Sanders differ mainly on the extent to which
they envision the “super rich” to carry the social cost. In her proposed Green New Deal, OcasioCortez would impose a tax of up to 70 on the very rich. Sanders and Ocasio-Cortez both appear to be using the socialist templates of several Nordic countries, as well as of Canada and New Zealand, On the other hand, their detractors identify them with Cuba and China. The term “Socialist,” in this context, has been portrayed as synonymous to Communism. While the freebies provided to their citizens by the socialist governments may be appealing on the surface, the fact is that there is a price that they have to pay for the benefits. Denmark, said to be one of the most successful socialist countries, also levies the heaviest taxes on the citizens. It is said that in Canada, people are not motivated to hold down a second job because the extra earnings will be eaten up by taxes. Even the free health care is not as ideal as it seems. People have to wait in line – long lines – to get medical treatment. These harsh realities may have bothered a significant percentage of the Democratic voter base, such that they gravitated to the centrist candidate, Biden.
But could Trump pardon himself? Should the 46th President of the United States Joe Biden grant Trump pardons and clemency to unify the nation, as called for by some of his supporters? Before we discuss that, let us revisit the technical definitions of the terms. As AZ Central discussed, “Clemency refers to multiple forms of presidential mercy. The two most common forms are pardons, which forgive past crimes and restore civil rights, and commutations, which completely or partially reduce sentences for those in prison or on community supervision.” “Two less-common forms are remissions, which reduce financial penalties associated with convictions, and respites, which are temporary reprieves that are usually granted to inmates for medical reasons.” The Pew Research Center wrote that, “While rare so far, Trump’s use of presidential clemency has caused controversy because of the nature of his pardons and commutations. Many of Trump’s clemency recipients have had a “personal or political connection to the president,” according to a July analysis by the Lawfare blog, and he has often circumvented the
formal process through which clemency requests are typically considered.” Worse, National Public Radio (NPR) reported that “the Justice Department is investigating a possible secret scheme involving a bribe in exchange for a presidential pardon,” and this is according to court documents unsealed Tuesday, December 1. This is the culture of corruption that has been fostered in Trump’s presidency, enabled and condoned by the Republicans in Congress and his appointees in the executive department just to stay in power. So, going back to the question: Could Trump pardon himself? The Washington Post reported: “Article II, Section 2, of the Constitution says that presidents ‘shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.’ The Supreme Court has held that this power is unreviewable, writing in United States v. Klein that the president’s pardon power ‘is granted without limit’ and reiterating that ‘Congress can neither limit the effect of his pardon, nor exclude from its exercise any class of offenders.’ Because pardons are a combi-
nation of mercy and largesse, they’re often issued with abandon when a president is preparing to leave office. “The Constitution, however, and the nature of what a pardon actually is make this claim of absolute authority legally meaningless. A presidential pardon is a kind of deed. Like the deed to a house, it must be given and received; delivered and accepted. The president can no more autoimmunize himself from future prosecution than he can sell himself Trump Tower or nominate himself for the Nobel Peace Prize. Without two parties, it is both illogical and illegal. As a 1974 Justice Department Office of Legal Counsel memo put it: ‘Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself.’” The Post made a very important point, though, and this would apply as well to Trump’s reported giving pardon to his children and son-in-law, as well as other associates like Giuliani. “A bigger problem, though, for Trump, would be that such a deal not only would make Trump look guilty but would be a tacit admission that he was guilty.
Trump had gone to great lengths in portraying socialism in the worst possible light. In fact, it is said that Florida voted for Trump over Biden because Cuban-Americans, haunted by their travails under Fidel Castro, would have nothing of socialism, as depicted by Trump and the Republicans. Biden appeared to have a better chance of winning against Trump, than the other Democratic presidential contenders with their progressive, albeit radical, platforms. It was a choice between a second term for Trump and the centrist ideology of Biden. The latter was the more palatable option. Even Biden’s running mate, Sen. Kamala Harris, perceived to be “progressive but not progressive enough” was considered a better option than the others (in addition to Harris’ expected appeal to African-Americans and other minority blocs). In sum, the choice of Biden was a compromise. It was as if the ideologues in the Democratic Party reasoned that they had a better chance of infusing a Biden administration with their platforms than a Trump second term. Now, that Biden is about to assume the presidency, the piper must be paid. The question is, will Biden be willing to dance to the tune of the “new Democratic
Party”? During the campaign, Biden denied endorsing Ocasio-Cortez’ Green New Deal and when asked to what extent his administration would adopt the platform of Sanders, Biden replied that he – and not Sanders – was the Democratic standard bearer. Another sticking point still has not been resolved – control of the Senate. But even if the Democrats win the run-off in Georgia, things will not necessarily be easier for Biden if the progressives have a louder voice in the party. Of course, that could still be better than Biden having to deal with a GOP-controlled Senate. That would seem to place Biden between a rock and a hard place. But then, this would be nothing new for a former VicePresident who served under President Barack Obama who, during his two terms, never had full control of the Legislature. It is said that Biden’s most important role in the Obama White House was to serve as a bridge with the Republicans on Capitol Hill. In such a case, Biden not only had a lot of battlefront experience, he also survived and managed pretty well. Indeed, Biden has not been in Capitol hill politics for almost five decades for nothing. My guess is that Biden will seek an “alliance of convenience” with
the Republicans. One other perspective is Biden’s age. He will be 78 in 2021, the oldest person to serve as president. That makes Harris’ position a very pivotal one. She could find herself suddenly thrust into the presidency or even be as chosen Democratic Party standard bearer in 2024, with the support of a retiring President Biden. The implications are that Harris will want to show off her best presidential qualities while waiting in the wings. Biden, on the other hand, may want to leave a heroic legacy in the final stage of his public service career. He may want to provide a stark contrast to Trump’s chaotic tenure. He may, in fact, decide to live up to the classic – but oft-broken – commitment of every politician to place the country’s interests above self-interest. But then, he will have to contend with the politicians of both parties and those with centrist, leftist and extremist agenda. And that could mean a rocky presidency. ***
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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
*** gregmacabenta@hotmail.com
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OpiniOn & Features
FRONT-LINERS’ MURAL. Several artists paint images of front-liners and the Philippine flag on a wall of the Buendia-Roxas Boulevard flyover in Pasay City on Wednesday, December 2. The painting is meant to honor the valuable contributions of the front-liners. PNA photo by Avito C. Dalan
Should Biden pardon Trump to unify the... PAGE A6 t
There is a popular misconception that a pardon is an exoneration — perhaps that’s why Trump granted posthumous pardons to boxer Jack Johnson and suffragist Susan B. Anthony.” “But a presidential pardon is not an exoneration. At least as far back as 1915, the Supreme Court has articulated that it carries “an imputation of guilt and acceptance of a confession of it.” In other words, if you accept a pardon, you acquiesce to your guilt to be free from the legal consequences.” Should Biden grant clemency to Trump as suggested by some of his supporters in the name of unity — the very essence of the message and call of the president-elect to the American people? In a town hall meeting during the presidential campaign, Biden already gave a firm answer to this very question. He pledged that he would not use his new executive powers to pardon President Donald Trump of any potential crimes. Biden’s rationale behind this commitment alluded to the Department of Justice’s abandonment of its prosecution of Trump’s former national security adviser, Michael Flynn. Flynn had pleaded guilty to
lying to the FBI about conversations he had with Russia’s ambassador to the U.S. during the transition before Trump’s inauguration. Biden also cited the case of Roger Stone. “That controversial maneuver by Attorney General William Barr came after DOJ in February intervened in another prominent case brought by former special counsel Robert Mueller — revising the sentencing recommendation for Roger Stone, Trump’s longtime informal political adviser, after the president blasted government prosecutors’ initial proposal,” as reported by Politico. “We never saw anything like the prostitution of [the presidency] like we see it today,” the report said, adding that Biden contended that “what’s going on is an absolute travesty. A travesty of justice.” “It is not something the president is entitled to do, to direct either a prosecution and/or decide to drop a case,” he said. “That is not the president’s role, responsibility. And it’s a dereliction of his duty.” INDEED, if we truly want to restore the soul of America and reclaim what is true, what is fair and what is just in our country, then Trump should be made accountable for all his transgres-
sions against the Constitution and the American people. I opine that even his minions in the legislature and the executive who enabled and condoned him in his abuse of power should also be made accountable. This is especially true for the Republicans in Congress who failed to perform their Constitutional obligation to provide checks and balances to the executive branch in order to protect our democracy. Giving him clemency sends the message that the President is above the law, and that is a very dangerous precedence given all the ways Trump has used and abused the power and public trust accorded to him by the Office the President of the United States. *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
*** Gel Santos Relos has been in news, talk, public service and educational broadcasting since 1989 with ABS-CBN and is now serving the Filipino audience using different platforms, including digital broadcasting, and print, and is working on a new public service program for the community. You may contact her through email at gelrelos@icloud.com, or send her a message via Facebook at Facebook.com/Gel. Santos.Relos.
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Congress urged to pass strong, comprehensive waste import ban by Gaea
Katreena Philstar.com
CabiCo
MANILA — Two environmental groups called on Congress to pass a robust and comprehensive waste importation ban, which can stop the dumping of foreign waste in the Philippines. Greenpeace Philippines and EcoWaste Coalition said that the Philippines continues to be a dumping ground of rich countries because of the lack of strong policies to protect the country’s borders from waste. They stressed that allowing waste trade to continue poses threats to public health, degrades and contaminates the environment, and violates existing laws and global agreements. “The only way to stop waste trade is to ban it outright. Current laws put exception on certain kinds of wastes and this has created major holes that have been exploited by illegal and
hazardous waste traders. Our laws need to have teeth in order to be effective,” Greenpeace campaigner Marian Ledesma said in a release Friday. In a position paper, the two organizations said a waste importation ban would allow the country to focus on its own waste management issues and fully implement the Ecological Solid Waste Management Act of 2000, enact measures that would curb waste generation such as singleuse plastic ban, and promote a “zero-waste” society. “Enforcing a ban on waste importations will also effectively decrease cases of injustices. Such a law would ensure that human rights harms, public health threats and environmental crimes related to waste trade are recognized,” the groups’ position paper read. Ratify Basel Ban Amendment Aside from calling for a com-
prehensive waste ban, Greenpeace and EcoWaste also urged the government to ratify the Basel Convention Ban Amendment, which prohibits the export of hazardous waste from developed to developing countries for any reason, including recycling. The entry of waste labelled for recycling are allowed under current Philippine laws. But there have been cases of waste shipments purportedly for recycling that have been found to be mixed municipal waste or highly contaminated. “Ratification would also put measures in place that protect Filipinos from harm and pollution arising from transboundary BROOM VENDORS. A woman and her daughter walk and sell brooms along Aguinaldo Highway, in Imus, Cavite on Thursday, December 3. shipment of hazardous waste. Apart from the brooms, some vendors sell other merchandise along Aguinaldo Highway such as plastic housewares chairs, pails, laundry PNA photo by Gil Calinga It also safeguards our right to a tubs, hardware tools, among others, to earn a living amid the coronavirus pandemic. clean and healthy environment as well as other rights which are threatened by the entry of hazardous waste into our country,” the groups said. n ments exploited the coronavi- without violence,” he added. by Catherine Valente rus pandemic to discredit the The Philippines continues to ManilaTimes.net government. experience terrorism, the most PRESIDENT Rodrigo Duterte “The lawless weaponized recent of which were the two rallied for global unity to ad- this health crisis that crippled successive bomb explosions in to AstraZeneca; we can also dress the twin threats of the the State’s ability to respond. Jolo, Sulu in August that killed do it with Pfizer and Synovac,” coronavirus disease 2019 (CO- This is an inconvenient truth, several soldiers and civilians VID-19) and terrorism, claiming but one that we must face head and injured 40 others. Galvez said. Aside from the Marawi siege He stressed the government that the pandemic has worsened on,” Duterte said. “Combatting terrorism is as in 2017, other terrorist attacks would make sure that vaccines peace and security. In his pre-recorded speech urgent as now, as it was before include the Jolo Cathedral atpurchased were of proven efficacy so as not to endanger pub- during the special session of the pandemic. In my country, tack in 2019, and the Davao the United Nations General As- this fight is about protecting City night market bombing in lic health. “We have to vaccinate all the sembly on pandemic response, life while preserving demo- September 2016, among othFilipinos, rich or poor, without Duterte said that lawless ele- cratic values we have restored ers. n exemptions to enable the economy to recover. The vaccination will be on geographical basis which means that priority will be given to those areas affected PAGE A5 t tions in Philippine jails that poverty and not extreme malice by the virus,” Galvez said. mane level.” have become a systemic prob- may be prioritized. Science and Technology The political prisoners lost lem,” Lim added. “I truly hope that you will Secretary Fortunato dela Pena, their case for temporary release In a press conference last Oc- likewise establish a historic meanwhile, cited private sector under humanitarian ground be- tober 23, Peralta said if Leonen precedence to secure the conhelp in boosting the country’s fore the SC. The tribunal instead has not yet come up with sug- stitutional right to life, liberty, COVID-19 diagnostic testing told lower courts to resolve is- gestions on the potential writ of and security of prisoners decapabilities, especially through sues raised in their petition kalayaan, they will organize a prived of liberty who disproporresearch and development. “with dispatch.” committee to study it. tionately come from the poorest Dela Peña also reaffirmed his Fides Lim, Kapatid spokesShe said that the writ of ka- classes,” Lim also said. department’s support to Mariki- person and wife of political layaan would be similar to the She told Peralta: “Life is fleetna City-based health technology prisoner Vicente Ladlad, told writ of kalikasan, but the former ing. We hope and pray that you startup Manila HealthTek Inc., Peralta that the writ of Kalayan would be a continuing manda- will heed our appeal because if headed by Dr. Raul Destura, “gives [them] hope that not all mus for government agencies the Court of Last Resort denies which is developing diagnostic is lost especially for those of us to protect prisoners “from be- us this avenue, where else do test kits for infectious diseases. with the elderly and very sick kin ing infected with the virus by we turn to?” “The Local COVID-19 kit is saddled with numerous manu- decongesting the jails.” The SC announced earlier an example of developing local factured cases that may outlast She added that the writ would this week that Peralta will opt manufacturing capability en- them beyond the grave.” give precedence to ensure that for early retirement from the hancement funded supported “We only seek justice and we jail occupation is on a more hu- SC, and he will step down in by DOST which has significant- appeal to your sense of compas- mane level, and those detained March 2021, a year ahead of ly reduced the cost of the test,” sion and sensitivity to urgently with lowest penalties and with reaching his mandatory retireDela Peña said. n address the subhuman condi- crimes driven by indignities of ment age of 70. n
Duterte to UN: Pandemic worsened peace, security
Prolonged quarantine to remain in...
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Thankful With over P83 billion allotted for the purchase of vaccines and test kits for COVID-19, the country is on track to address the raging health crisis, vaccine czar Carlito Galvez Jr. said on Wednesday as he thanked the Senate and the House of Representatives for legislating appropriate measures. “We are very thankful that the Senate and Congress are very supportive of the vaccines purchasing program of the President by giving more or less P50 billion funds in the GAA (General Appropriations Act). I believed that there is also P33 billion. Over and above, (Finance) Secretary (Carlos) Dominguez has allotted through the ADB (Asian Development Bank) and the World Bank more or less P83 billion,” Galvez said at the weekly Kapihan sa Manila Bay virtual forum. He said P33 billion of the amount would be for vaccines and testing kits. He added Metro Manila mayors also want to chip in to help the government purchase vaccines for COVID-19. He also cited the initiative of the private sector led by presidential adviser on entrepreneurship and Go
Negosyo founder Joey Concepcion to donate vaccines to the government. “During our talk with the mayors of NCR (National Capital Region), they said they are more than willing to help, to put up money to unburden the national government because vaccinating 110 million people is a huge task for us,” Galvez said. He said the Australian ambassador had also expressed willingness to donate some funds to the Philippine government. “We have met with the Australian ambassador and they are willing to donate some funds for the advance procurement of the vaccines,” he said, adding that negotiations with China for vaccine supply are ongoing. Galvez said the government is hoping to get 50 million doses next year. He said the tripartite agreement entered into by Concepcion’s group with AstraZeneca is very timely. “That is why the tripartite agreement is very welcome to us because that would assure us of vaccines. There are many limitations to the government. AstraZeneca has assured vaccine for us. But the tripartite agreement is not only exclusive
On International Day of Solidarity with Political...
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December 2020 priority dates Immigration Corner
The Priority dates for the Philippines are as follows: FAMILY CATEGORY: First Preference
Atty. MichAel Gurfinkel, eSQ
‘CITIZEN PINOY’ ANSWERS QUESTIONS FROM KAPAMILYA IN HAWAII AND CANADA ON A NOCHE BUENA HOLIDAY EPISODE THIS SUNDAY. Leading U.S. Immigration Attorney Michael J. Gurfinkel (left) celebrates the holiday season with a Noche Buena feast, and in the Kapamilya spirit answers immigration questions from guests from Hawaii and Vancouver in British Columbia, Canada. Seph, from Oahu, HI, (top right) asks if he can include his brother’s five-year-old daughter under the same petition he filed for his brother back in 2004, even though the child was not even born when the petition was filed. From Vancouver, Ronald would like to know how much longer he must wait for his petition by his U.S. citizen mother. He is bringing along his wife and their two children. Their priority date is March 2012, and they got an approval notice in 2018. How long is the processing time in Canada? These questions and more will be answered by Atty. Gurfinkel on the Noche Buena episode of “Citizen Pinoy: Your Tanong, My Sagot” this Sunday, December 6 at 6:15 pm PST/EST (9:15 pm EST thru select Cable/Satellite providers). (Advertising Supplement)
Fil-Am actor Nico Santos reacts to ‘Superstore’ final season: Show ‘changed my life in the most profound way’ By AJPress
WORKPLACE comedy “Superstore” is set to close up shop after its current sixth season. NBC announced on Thursday, December 3 that the show will return for its final season of 11 episodes on January 14 next year. “‘Superstore’…has never failed to make us laugh while also thoughtfully examining important issues people care deeply about,” said NBC president of scripted content Lisa Katz. “This has been an amazing group of writers, producers, actors and crew to work with and we are incredibly grateful for all their contributions. This show will forever hold its place among the top workplace comedies for which we have a cherished history,” she added.
Since 2015, Santos has played Mateo, a gay, undocumented Filipino store associate who is sassy and overly competitive. Photo by Evans Vestal Ward/NBC
One of Superstore’s main cast a part of the show. members, Filipino American “Superstore changed my life Nico Santos, took to Instagram in the most profound way. So PAGE B3 to express his gratitude for being
THE December 2020 priority dates, continue to provide great news for workers in the E B-3 (sk i l led / pr ofessiona l ) and “other worker” (unskilled workers like caregivers). The priority dates for all countries (except India and China) are CURRENT! This includes the Philippines! This means visas are avai lable, regard less of the person’s priority date. If a person is being petitioned by a n em ployer, a nd t hei r Form I-140 employment-based petition has been approved or is pending, t hey could possibly be el ig ible to f i le for adjustment of status and work authorization, assuming they a r e ot h er w i s e e l i g i b l e fo r adjustment of status (i.e. no issues re maintaining status, no fraud /crimes, etc.) People with approved or pending I140 petitions should see an attorney about their eligibility to file for adjustment, now that t he pr ior it y dates for t hese employment-based categories are current. Each mont h, t he Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment-based categories. A priority date is a person’s “place in line” for a v isa, mea n i ng i m m ig ra nt visas (or green cards) would be available for persons whose pr ior it y date is earlier t han the cut-off date listed below. If your priority date was “current,” but later retrogressed (or “moved back wards” and became unavai lable) before
Unmarried sons and daughters of US citizens (over 21 years of age)
(2A) Spouse and Second Preference minor children (below 21 years old) of green card holders
Application Filing Date
Visa Issuance Date
October 08, 2012
December 15, 2011
August 01, 2020
Current
(2B) Unmarried sons and daughters (21 years old or older) of green card holders
April 01, 2012
August 01, 2011
Third Preference
Married sons and daughters of US Citizens
December 22, 2002
February 15, 2002
Fourth Preference
Brothers and sisters of US Citizens
September 01, January 01, 2002 2002
LABOR CERTIFICATION:
Application Filing Date
Visa Issuance Date
Second Preference Advanced Degree (Masters)
Current
Current
Third Preference
Professional/ Skilled Workers
Current
Current
Other Workers
Non-Skilled Workers
Current
Current
your immigrant visa was issued (or before you adjusted status in the U.S.), you would have to wait until it becomes current again. *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained h e rei n ( i n cl u d i n g tes ti m o n ia ls , “Success Stories”, endorsements and re-enactments) are of a general nature, and are not intended to apply
to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader. WEBSITE: www.gurfinkel.com Fo l l ow u s o n Fa ce b o o k .co m / GurfinkelLaw, Twitter @GurfinkelLaw and Youtube: US Immigration TV C a l l To l l f re e to s c h e d u l e a consultation for anywhere in the US: 1-866-487-3465 (866) – GURFINKEL Four offices to serve you: LOS ANGELES ∙ SAN FRANCISCO ∙ NEW YORK ∙ PHILIPPINES (Advertising Supplement)
Geneva defends LGBT, gay marriage: ‘We don’t choose who we are’
cause that does not validate my existence, but thanks for spending some of your time [and] GENEVA Cruz expressed energy to hate on me though… her support for gay marriage I feel so special,” she stressed following the announcement after receiving backlash for her of “Mean Girls” star Jonathan support. Cruz stressed that “we don’t Bennet’s engagement to boychoose who we are or who we friend Jaymes Vaughan. “I was called many nice and love” as she emphasized that nasty things because I felt sin- humans are all just the same. “If my children were gay, I cere happiness for this couple,” Cruz said on Instagram on would ‘fully support’ them because real love has no labels; Thursday, December 3. “Just so you know, I don’t hindi ko sila ikakahiya o iiwan (I care what you think of me be- will never be ashamed of them by IAn
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and I will never leave them.) “Though alam ko straight sila, ganito rin ang pagmamahal ko sa mga kaibigan ko sa #LGBT community. At the end of the day… pare-pareho lang tayong mga tao,” she added. (Though I know that they are straight, I have the same love for my friends who are part of the LGBT community. At the end of the day, we are all humans.) Cruz also shared her stance on religious beliefs being used to condemn homosexuality by PAGE B3
A scene from “Lumpia: With a Vengeance,” the sequel to the cult favorite “Lumpia.”
‘Lumpia: With a Vengeance’ wins at Hawai‘i International Film Festival By AJPress
FIL IPIN O Amer ica n film “Lumpia: With A Vengeance” secured the Audience Award at the Hawai‘i International Film Festival (HIFF). The film won against a strong field of international and domestic features, of which several have high profiles, bigger budgets and, importantly, distribution deals in place. “Our Audience Award for Best Narrative Feature went to ‘Lumpia With A Vengeance’ which is definitely a fan favorite this year in Hawaii,” announced Beckie Stocchetti, HIFF Executive Director. ‘Lumpia: With A Vengeance’ is the sequel to Patricio Ginelsa’s 2003 homemade actioncomedy movie called “Lumpia.” It tells the story of a lumpia-
armed hero who returns to Fogtown and teams up with high school student Rachel to prevent a mysterious crime boss from destroying the town. Ginelsa expressed his elation for the film’s achievement. “I screamed my head off,” he said in a statement. “And I think that’s when it hit me: that all the hard work we had put in was validated in that announcement knowing that it came from all types of people who truly enjoyed our movie.” Meanwhile, the film’s editor and co-producer AJ Calomay said: “I’m so incredibly proud of our incredible cast and crew and of Patricio for his determination to push his vision forward.” “Getting (the audience award) means that people connected with the film emotionally and we’re really proud that within the wild action scenes
and flying lumpia, there truly is a human story that not only spoke to people but, they had fun watching it as well,” he added. The filmmakers also took pride in having the majority of the cast and crew being Filipinos and Filipino Americans. “We a re most a ssure dly thankful to the Hawai’i International Film Festival for welcoming our movie and providing the various venues that allowed audiences to watch it the way we had intended: in a community setting,” said Ginelsa. “And as always for their Aloha throughout,” he added. “Lumpia: With A Vengeance,” filmed primarily in the San Francisco Bay Area, stars former UFC contender Mark Muñoz, April Absynth, Darion Basco, and Danny Trejo (“Machete”).
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Citizen Pinoy gets in the holiday spirit while answering immigration questions on an early Noche Buena episode
THIS Sunday, December 6 leading U.S. Immigration Attorney Michael J. Gurfinkel and the Citizen Pinoy family celebrate the holidays with a Noche Buena feast prepared by Arko Foods in Glendale, California. Attorney Gurfinkel also continues to provide public service by providing important information and answer to immigration questions from Kapamilya.
Seph, from Oahu, HI, has a brother who is unmarried, but now has a five-year old daughter. Seph petitioned his brother in 2004 and would like to know if he can include the daughter under that same petition, even though she was not born when the petition was filed. Ronald, from Vancouver, Canada, was petitioned by his U.S. citizen mother. He will be bringing his wife and two children under that petition.
The priority date is March 2012, and they got an approval notice last 2018. Ronald wants to know how much longer they need to wait. These questions and more from Manila and California will be answered on a brand-new holiday episode of “Citizen Pinoy: Your Tanong, My Sagot” this Sunday at 6:15 pm PST/ EST (9:15 pm EST thru select Cable/Satellite providers). (Advertising Supplement)
Geneva defends LGBT...
PAGE B2 explaining her own insights on a Biblical story. “Is homosexuality a sin? It’s an age-old question, and there are people on both sides of the debate, each quoting their Bibles. How do we know who’s right? What would Jesus do if he were here with us today? Jesus never said anything about homosexuality, so can we really say?” the actress-singer stressed. “I’d like to propose that we can. I think there is one thing we can be sure of — Jesus loves every one of us. In fact Jesus was especially known for loving the very people that the religious people of his time had condemned and cast out,” she added. Citing John’s Gospel, Cruz pointed out that the woman who was caught in the act of adultery was forgiven by Jesus Himself. In the story, Jesus told the people that those who were “without sin” may cast the first stone on the woman, as a religious leader stated that adultery is a crime punished by being stoned to death. Cruz further wrote: “One by one they all leave until he is there alone with the woman. Jesus says to her ‘Woman, where are they? Has no one condemned you?’ ‘No one, [Lord],’ she answered. ‘Then neither do I condemn you,’ Jesus declared.”
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Anthony reveals heartache after daughter lost hair due to chemo by Ian
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RENOWNED broadcaster Anthony Taberna opened up on his heartache after seeing his young daughter go bald as she undergoes chemotherapy for leukemia. Taberna, who shared a photo of a smiling Zoey who had just gotten her head shaved, noted that he did not expect his daughter to allow him to post it in public. “Nakangiti siya pero alam kong durog na durog ang puso niya nung nag umpisang malugas ang kaniyang buhok dahil sa chemotherapy,” he said of the photo posted on Instagram yesterday, Dec. 2. (She is smiling but I knew her heart was breaking when her hair started falling off due to chemotherapy.) “Nung pumayag si Zoey na magpakalbo at nalaman kong papunta na sa ospital ang misis ko kasama si Ate Tet, umalis na muna ako. Akala ko ay malakas na ako. Marupok pala,” the doting father added. (When Zoey agreed to have her head shaved and when I found out that my wife was on the way to the hospital with Ate Tet, I left for a while. I thought I was strong enough. It turns out that I was weak.) “May video habang kinakalbo si Zoey. At tuwing makikita ko iyon, hindi ko [mapigil] ang pagpatak ng aking luha. Ang wala o
Anthony Taberna (left) with his daughter Zoey (center) and wife, Rossel (right) Photo from Instagram/@iamtunying28
maikling buhok ang isa sa dahilan ng insecurity ni Zoey,” Taberna said. (There is a video of Zoey having her head shaved. Every time I see that, I cannot stop my tears from falling. Having short or no hair is one of the reasons for Zoey’s insecurity.) “Pero nung makita kong ipinost niya, nagpaalam ako na ipopost ko rin. Hanga ako sa tapang ng aming panganay. I love you, Zoey,” he added. (But when I saw her post this, I asked for her permission to post it as well. I admire our eldest child’s courage. I love you, Zoey.) Taberna also directed followers to read about Zoey’s account of her journey in battling leukemia, which she likewise posted on Instagram yesterday. “[One] year ago today, [I] was rushed to the hospital at [2 a.m.] because [I] couldn’t walk and my
legs were so painful. [We] had no idea what was happening to me,” Zoey recalled. “[At] first, we thought [I] had a problem with my bones. but after running multiple tests, [I] was diagnosed with bone marrow disease, which ended up to be leukemia,” she added. “[I] was very scared. [Just] the word ‘leukemia’ itself made me so afraid. [Especially] since [I] had to undergo chemotherapy. [I] needed to chop off all my hair. [And] that made me very insecure and sad all the time,” Zoey shared. While she admitted that she thought her life “would already end there,” Zoey noted that she “stayed strong and did my best.” Taberna shared that Zoey was 11 years old then when she was diagnosed with bone marrow disease, which they later found out was leukemia.
Fil-Am actor Nico Santos reacts to... Geneva Cruz
“Now, many preachers are quick to point out that Jesus next says to her: ‘[Go now and] leave your life of sin.’ But the real point here is that even though Jesus did consider adultery sinful, he still was the one who defended her,” she emphasized. “In fact, he was the only one there who was ‘without sin’ and yet he did not cast a stone [and] did not condemn. So again,
Photo from Instagram/@genevacruzofficial
even if we think homosexuality is wrong, we know what Jesus would do in our shoes. He has drawn a line in the sand, [and] we need to decide what side of that line we will be on,” Cruz added. Bennet announced his engagement to Vaughan on Dec. 1, sharing via his Instagram account photos of the moments before Vaughan’s proposal.
PAGE B2 much of my growth as an artist and a person was because I was surrounded by the most talented cast and crew one could hope for. We truly are a family,” Santos said in his post. Santos plays the role of Mateo Liwanag, a gay, undocumented Filipino sales associate working at Cloud 9, a fictional big-box store. “I’m incredibly proud of the work we’ve done, the stories we’ve told. All the joy and laughter (and some tears) that we’ve brought to you. To be a part of a show that didn’t squelch, but rather celebrated my identity as
a Filipino, LGBTQ immigrant is something that will stay with me forever,” he added. The actor also hoped that the viewers would enjoy the show’s last season. “While I’m very sad that this will be our last season, I’m looking forward to what the next chapter will bring. THANK YOU for all the love and support you’ve given us. I hope you enjoy the rest of the season,” Santos said. Superstore, created by Justin Spitzer, stars America Ferrera, Ben Feldman, Lauren Ash, Colton Dunn, Nichole Bloom, Kaliko Kauahi, Mark McKinney,
and Santos. “We’re grateful to Universal Television and NBC for letting us make 113 episodes of a show we’re so proud of, and for giving us the chance to work with such an incredibly talented group of actors, writers and crew,” said executive producers Spitzer, Gabe Miller and Jonathan Green. “We’re thankful most of all to the viewers who’ve stuck with us for the past six years (or discovered us somewhere along the way). We’ll do our best to go out strong and give you the satisfying ending you deserve,” they added.
B DECEMBER 5-8, 2020 • LA WEEKEND ASIAN JOURNAL
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Tapat Sa Batas Atty. rheA sAmson KAPAG ang USCIS ay nagdeny ng application for naturalization, ang USCIS ay magbibigay ng Notice of Denial na nagsasaad ng legal at factual na dahilan nito. Maaaring tanggapin ng aplikante ang denial decision; maaari ring ang aplikante ay hindi sumang-ayon sa denial decision at siya ay magfile ng Form N-336 Request for Hearing on a Decision in Naturalization Proceedings. Ang N336 Request for Hearing ay kailangang i-file sa loob ng 30 araw mula sa pagtanggap ng Notice of Denial. Ang filing fees ay $700. Kapag tinanggap ng USCIS ang Form N-336, kailangang ang USCIS ay mag-schedule ng hearing sa loob ng 180 araw mula sa filing ng Form N-336. Ang N-336 Request for Hearing ng aplikante ay itatalaga sa bagong USCIS officer, na siyang magsusuri ng orihinal na naturalization application, kasama na ang mga bagong ebidensya at mga testimonia na nakapasa sa
Atty. LAwrence yAng SURE, there are alternatives to bankruptcy. But bankruptcy is the only solution that provides viable debt relief for those who are unable to repay their debts. Some people sign up for debt settlement and find out after having paid into the pot that they have been sued by several creditors despite attempts by the debt settlement business to settle their debts over time. If we compare debt to cancer because they do have similarities as the debt burden keeps growing and growing over time while cancer grows and spreads over time with the end game of both killing the financial or organic health of the victim resulting in the death of the victim, what is the more effective
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Relief for denied Will I have to pay spousal naturalization application support if I file for divorce?
Form N-336. Maaari ring magsubmit ng legal brief na nangangatwiran ukol sa pagkakamali ng USCIS sa pag-isyu ng Notice of Denial. Sa N-336 hearing, ang USCIS Officer ay maaaring magsagawa ng buong pagsusuri ng naturalization application, na parang walang denial decision na nangyari. Maaari ring mas streamlined ang pagsusuri at ang paglalaanan ng panahon ay ang dahilan sa denial ng naturalization application. Habang ang N-336 Request for Hearing ay posibleng remedy para sa aplikante, may mga pagkakataon na ang pag-file ng bagong N-400 Application for Naturalization ay mas mainam na remedy. Halimbawa, kung ang aplikante ay hindi nakatupad sa continuous presence requirement o physical presence requirement para sa naturalization, mas mabuti na siya ay magantay at mag-ipon pa ng panahon dito sa the US bago magfile ng panibagong N-400 Application for Naturalization. Kung ang denial ay dahil sa kawalan o lack of good moral character sa loob
ng 5-year statutory period para sa naturalization application, mas mabuti rin na ang aplikante ay maghintay ng pagkalipas ng 5 taon mula sa insidente na nagdulot ng lack of good moral character. Kung ang naturalization applicant ay lalaking green card holder na nakatanggap ng kanyang green card noong siya ay 18 hanggang 26 taon gulang, ngunit siya ay hindi nakapagregister sa US Selective Service System, mas mabuti na siya ay maghintay na siya ay maging 31 taon gulang bago magfile ng panibagong N-400 Application for Naturalization. *** If the USCIS denies an application for naturalization, the USCIS will issue a Notice of Denial stating the legal and factual basis for the denial. The applicant may accept the denial decision or request a hearing before an Immigration Officer by filing Form N-336 Request for Hearing on a Decision in Naturalization Proceedings. The N-336 Request for Hearing must be filed PAGE B7
Is bankruptcy right for you? Debt Relief
LA WEEKEND ASIAN JOURNAL • DECEMBER 5-8, 2020
cure? Certainly, all of us have family and friends who have fought with cancer. First, you try to kill all the cancer cells with chemotherapy and/or the latest cancer-fighting medical technology. Fortunately, there are state of the art treatments now that work where the body’s own immune system is coaxed to fight the cancer cells, or stem cells from a donor are used to replace the patients’ own unhealthy cells that become cancerous. If the treatment works, you still have to go through the remission process. This is a five-year period where the patient is cancer-free but is being monitored to see if the cancer returns. If it returns, it comes back with a vengeance. If it doesn’t, you’re home free. Right now, I have three clients who have fought cancer. One just died after fighting it for four years and used all the new treatments. One was in remission for four and a half
years trying to reach five years. But the cancer cells have just returned. He was still working but now can’t walk without assistance because the cancer cells have returned after disappearing for four and a half years and now have just spread to his leg. The third is cancer-free and entering the five-year monitoring period. Now, if there was a miracle drug that once taken gets rid of all cancer cells and replaces them with new healthy cells that enable the patient to be cancer-free for the rest of his life, isn’t this treatment the best and most effective way of dealing with cancer? Bankruptcy is the best and most effective way of getting rid of accumulated debt bar none. It’s truly a miracle solution to debt problems. Bankruptcy is guaranteed by the United States Constitution to enable debtors to have a fresh start in life without the burden of accumulated debt so they can become productive again. The
THE purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose to assist the supported spouse to “get back on his or her feet” as a single person, or until community property is distributed. On the other hand, the facts and circumstances of another case may call for support for an extended period of time, perhaps until death of the supported spouse, the purpose for which to provide assistance to one who cannot support himself. The two situations mentioned
hereinabove are extreme cases, on opposite ends of the spectrum. Quite obviously, the facts and circumstances in a particular case may be such which call for some amount of support for some period of time, though not until death of the supported spouse. For example, the court may order support for that period of time required for the supported spouse to obtain or complete an education, to allow the supported spouse to take care of the children until they reach an age where a return to employment would be more feasible, or to become self-supporting within a reasonable time. Although the use of standard guidelines based on income is encouraged in the award of temporary support, such guidelines cannot be used in awarding permanent spousal support. As indicated hereinabove, the award of support is in large part based on the facts and circumstances of the particular case. In determining spousal support, the court considers numerous factors, set forth in Family Code Sec. 4320.
They include: 1) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, 2) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party, 3) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living, 4) The needs of each party based on the standard of living established during the marriage, 5)The obligations and assets, including the separate property, of each party, 6) The duration of the marriage, 7) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party, and 8) The age and health of the parties. The factors set forth hereinabove are only several of the many PAGE B7
United States Supreme Court calls Chapter 7 as the “fresh start” law, and Chapter 13 as the financial reorganization on a personal level. Bankruptcy, indeed, is the miracle cure for accumulated debt that debilitates every debtor who suffers from this malady. How many times have I pointed out that Walt Disney filed for Chapter 7 twice before Disneyland became successful? If it’s the right choice for Walt Disney, it’s the right choice for anyone with accumulated debt who wants a fresh start in life, just like Mr. Disney. Mr. Hershey of Hershey chocolates, possibly the world’s largest and most successful chocolate business, also filed for Chapter 7 once to get rid of accumulated debt. Several big dioceses of the Catholic Church filed for Chapter 11 reorganization to handle the molestation lawsuits. Orange County filed for bankruptcy about 20 years ago for those of you who are too young to know. Why did they file for bankruptcy? That’s because bankruptcy is the right choice and the most effective way of dealing with debt and providing
the debtor with total and complete relief from debt. Are you facing foreclosure and want to save your home? Chapter 13 will stop the foreclosure on its tracks and allow you five years to pay off the default while protecting your house from foreclosure. If you owe credit cards and other unsecured debts like medical bills, Chapter 13 may even allow you to have a zero payment plan to unsecured creditors. This means you pay nothing to get rid of credit cards while you pay only the default on your house over five years! For example, the client owes $20,000 of default on his house because he has not paid it for six months, and he owes $50,000 of credit cards and $100,000 of medical bills. He can propose a Chapter 13 plan that pays only $350 a month for 60 months. This will pay the $20,000 default on his house over five years. He pays nothing to credit cards and medical bills. In other words, he doesn’t have to pay $150K of unsecured debt. Upon finishing his plan payments on the 60th month, he is back to his current status
on the mortgage. He rescues his house from foreclosure. And the court wipes out all $50,000 of credit cards and $100,000 of medical bills without any payment on them at all. Let’s assume the same client with the same unsecured debt but no problem with house payments. His home equity is less than $175,000 and he is at least 65. He files for Chapter 7 and gets rid of $150K of unsecured debt for a fresh start as he enters his retirement years. Or, he is 45 with home equity that is not over $100,000. He still gets to wipe out $150,000 while keeping all his assets. If you need debt relief, please set an appointment to see me. I will analyze your case personally. *** Lawrence Bautista Yang specializes in Bankruptcy, Business, Real Estate and Civil Litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803. (Advertising Supplement)
Barrister’s Corner Atty. Kenneth UrsUA reyes
B DECEMBER 5-8, 2020 • LA WEEKEND ASIAN JOURNAL
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Paying for all hours worked for non-hourly employees Protecting Employee & Consumer Rights Atty. C. Joe SAyAS, Jr. AMERICAN Income Life Insurance Co. sells insurance policies in California. It hires agents that it pays on commission. David Hamilton, Bridget Smith, and David Joh worked for American Income as agents. They each believed that they would be a salaried worker when they first applied, but later found that they would be paid in commission only. American Income required agents to undergo “rigorous” trainings which lasted “at least
Pastor’s Notes reverend rodel G. BAlAGtAS CHARLES Péguy (1873-1914), a French poet and philosopher, described Hope as a little girl walking hand in hand with her two big sisters, Faith and Love. One gets amazed at seeing Little Hope walk with her sisters. While the two older sisters seem to guide her, Little Hope appears to be the one pulling them forward. Péguy’s image of the three theological virtues speaks of them as distinct but closely interwoven. There is no hope without faith and love. On the other hand, we can only believe and love because we hope. It is hope that gives strength to faith and love, and it is faith and love that give rise to hope. During Advent, we focus on the virtue of hope. After all, it’s what keeps us going, living, loving, and worshipping. As Péguy proposed to his generation, childlike faith is the key to a renewed faith and love. Hope is the “essential” virtue we need to keep us sane as we hear more of hundreds of thou-
several weeks.” During training, the agents frequently work more than eight hours per day, and six or more days per week. However, they do not earn money while training because their compensation is commission-based. The employer regulates its agents’ schedules, requiring off-site and in-office sales meetings to occur at certain times. Agents are generally not paid minimum wage or overtime pay. They also do not receive regular meal and rest breaks and are not paid for missed breaks. Agents are also required to pay their own expenses incurred in the performance of their jobs. For all these, agents are made to sign contracts providing that “The Agent is not an employee of the Company; rather, the agent is an independent contractor. The agent has no fixed hours and is
free to choose the time and manner in which services are performed.” The employees sued American Income for unpaid wages, unreimbursed expenses, and for missed meal and rest breaks. Under California law, whether or not employees are paid hourly, piece-rate, or on commission, they must be paid no less than the minimum wage for all hours worked. If an employee spends time doing other work-related activities not covered by the plan (such as pick-up or clean-up activities, or attending compulsory work meetings), the times spent doing these are considered hours worked, and must be paid the minimum wage (or an agreed hourly rate, if any). Employees who are paid by commissions are entitled to at PAGE B7
Little hope
sands of people worldwide dying from coronavirus. Hope gives us joy when we finally learn of an effective cure to prevent the rise of more COVID-19 cases. Hope makes us excited to come back to indoor worship and to gather and celebrate as family and friends without restrictions. Hope allows us to look forward to seeing and embracing one’s newborn grandchild, to see one’s daughter or son finally get married. Hope makes us anticipate seeing a schoolyard filled with energetic young students running around without wearing a mask, playing and laughing together. Hope is the relevant voice of Prophet Isaiah that cried out: “Prepare the way of the Lord. Make straight in the wasteland a highway for our God! Every valley shall be filled in, every mountain and hill shall be made low; the rugged shall be made plain, the rough country, a broad valley.”(Is 40:3-4) Without hope in God, we will perish as a people and a nation! Without it, we cannot even imagine the afterlife, the eternal life God promised to those who are faithful to him, to reunite with our departed loved ones. With hope, we may not pre-
sume our one’s salvation, but we can presume God’s mercy and love to those who love him! A liturgical scholar, Adran Nocent, wrote: “Would it be possible to breathe without hope? Could Christians be prisoners turning around in a circle, knocking their heads on the walls of their cell, whether it be of legalism or of some ready-made affair called “the spiritual life? Does not the Christian, like every other person have the duty of cultivating a stern yet joyous discontent with the human condition? Perhaps that is what distinguishes the Christian’s hope; though it is fierce and implacable, stern and eager, it is also, paradoxically, full of joy.” Why would our hope be full of joy? As Nocent contends, it’s because we Christians hope for what we possess—we hold Christ in our hand! *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff. *** Fr. Rodel “Odey” Balagtas is the pastor of Incarnation Church in Glendale, California.
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Minding Your Finances Atty. RAymond BulAon ARE your growing debts starting to worry you and cause you sleepless nights? Are you trying hard to pay what you can every month but feel like you’re just running on a treadmill and not getting anywhere? Do you dread getting those credit card statements every month knowing that you don’t have the money to pay them? According to a recent study, about one-third of households in this country are either just barely making it or are having trouble paying their debts each month. The Federal Reserve Board reports that consumer credit card debt is now about $1.1 trillion! In the last decade, credit card debt has increased 81 percent while the average family’s income grew only by 9%. This is scary. If you are like the rest of the population and your debts are growing a lot faster than your income, how can you avoid debt from creeping up on you? The banks and the credit card companies know that when income is short, most people will resort to loans and credit cards to make up for the shortage in income. So now you know why consumer credit
LA WEEKEND ASIAN JOURNAL • DECEMBER 5-8, 2020
Do you have too much debt and not enough income?
card debt is steadily increasing. Unless you get a handle on your finances and control your borrowing, before you know it, you would be buried in debt and it would be difficult for you to get out. A lot of people owe so much in credit card debt that they will never pay off their debts in this lifetime. What’s sad is that because these people are just so used to being in debt, they have reached a point where they don’t even realize what their debts are actually costing them. So, like robots, they just continue to work long hours, sometimes 2-3 jobs just so they could continue to make the banks richer with the interest that they are paying on their debts. These people have zero savings and no money for unexpected emergencies. Any unexpected disruption of income can turn into a major catastrophe. Financial planners tell us that we should try to keep our debt-toincome ratio below 36% (about 28% for housing and 8% for other recurring debt payments). To calculate your own ratio, divide your total monthly debt payments by your total monthly gross income. In your monthly debt payments, include your mortgage, car, loan and credit card payments. What do you get? What I usually find
is that some people are way above this amount, sometimes as much as 70-80%!!!! And then they wonder why they never have enough money for food, utilities and other basic living expenses. If your debts are out of control and you need help in figuring out what your options are, we can help you explore all your nonbankruptcy and bankruptcy alternatives. Bankruptcy is not always the solution to debt problems. If it is, we will explain to you how this may be your best option in getting a fresh financial start so you can start rebuilding your credit. If you have other options available, I will point them out to you as well if they are worth considering. Bankruptcy should be your last option, not the first. *** NOTE: Due to the current lockdown order caused by COVID-19, I am offering free consultations BY PHONE to anyone who needs help in dealing with their debt problems. *** None of the information herein is intended to give legal advice for any specific situation. Atty. Ray Bulaon has successfully helped over 5,000 clients in getting out of debt. For a free attorney evaluation of your situation, please call RJB Law Offices at TOLL FREE 1-866-477-7772 (Advertising Supplement)
Paying for all hours worked...
PAGE B6 least minimum wages for each and every hour worked, including overtime pay when necessary. Basing the employee’s pay solely on the ability to generate sales or earnings for the company without regard to the employee’s actual hours worked does not comply with the law. A commission plan may provide payment of a fixed “advance,” or “draw” on a periodic basis. Commission advances typically will require certain conditions that must be satisfied before commissions are earned. Thus, even though a commission advance may have already been paid, an employee will not have yet earned the commission if certain conditions are not yet satisfied. The employee’s sale must be commissionable for the employee to earn the commission. If advances are paid for anticipated sales that do not materialize, the commission may be “recovered” or “clawed back” as a deduction from future pay. However, if the system of payment results in employees not being paid for non-productive (or non-selling) time, that pay practice may be illegal. Employees who are paid on a commission plan are still entitled to rights that are provided to hourly employees, such as the right to be provided off-duty meal and rest breaks. An employer shall not require commissioned employees to work during breaks. If an employer fails to provide a meal or rest breaks, the employee is entitled to one additional hour of pay at the employee’s regular
rate of compensation for each Outstanding Filipino Overseas.] workday that the meal or rest (Advertising Supplement) break (or both) is not provided. Are employees paid on commission entitled to separate pay for rest breaks if the commission plan has a “claw back” provision? Courts said yes, particularly where the plan does not address how employees are to be paid for rest breaks (which is time spent not earning commissions). Where the commission computation did not account for rest breaks, the employee should be separately paid for rest breaks. Lastly, an employer must reimburse employees for all necessary expenditures incurred in performing their duties. These include travel expenses; costs of uniforms or special clothing required by the employer; and costs of supplies, tools, materials, or equipment. In the case against American Income Insurance, the parties agreed to settlement and not to proceed trial. The employees will recover $5.75 million in damages from the employer. *** The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at nocost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw. com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for
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PAGE B5 within 30 days of receipt of the Notice of Denial, otherwise the same may be rejected by USCIS. Filing fees for N-336 is $700. If the USCIS accepts Form N336, it must schedule a hearing within 180 days of receiving the timely filed Form N-336. The applicant’s N-336 Request for Hearing will be assigned to a new USCIS Officer, who will review the original naturalization application, as well as new evidence or testimony that is submitted with Form N-336. A legal brief may also be submitted arguing that the USCIS made an error in the denial of the naturalization application. At the hearing, the USCIS Officer may conduct a full review and hearing on the naturalization application, as though a denial decision has not been made. The USCIS may also conduct a more streamlined review of the application and just focus on the reasons for denial
of the naturalization application. While an N-336 Request for Hearing may be a possible remedy for the applicant, there are instances when filing a new N-400 Application for Naturalization will be the more appropriate remedy. For example, if the applicant fails to meet the continuous presence requirement or the physical presence requirement for naturalization, the applicant should wait and accumulate more time in the US before filing a new N-400 Application for Naturalization. Similarly, if there was a denial based on lack of good moral character during the 5-year statutory period immediately preceding the application for Naturalization up to the time of the Oath of Allegiance, the applicant should just wait to reapply for N-400 until 5 years has expired until the incident giving rise to the lack of good moral character determi-
Will I have to pay...
PAGE B5 factors the court will consider in deciding the issue of spousal support. In that the amount and duration of an award is largely based on the facts and circumstances of the case, it is advised that one who is requesting support, or is opposing a request for support, obtain experienced counsel, who will be able to present the facts and circumstances in the best light possible. ***
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. ***
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nation. For example, if the naturalization applicant is a male green card holder who received his green card between the ages of 18 and 26 and failed to register with the US Selective Service System, it is recommended that the applicant wait until he is 31 years old to file a new N-400 Application for Naturalization. *** ATTY. RHEA SAMSON is the principal of SAMSON LAW FIRM, PC. She has been a member of the State Bar of California for over 15 years and the Integrated Bar of the Philippines for over 20 years. Atty. Samson received her Legal Management degree from the Ateneo de Manila University and her Juris Doctor degree from the Ateneo Law School. She was a Professor for over 10 years, teaching Obligations and Contracts, Labor Laws and Social Legislation and Taxation Law. Atty Samson is the author of The Law on Obligations and Contracts (2016), Working with Labor Laws-Revised Edition (2014) and Working with Labor Laws (2005). SAMSON LAW FIRM, P.C., 3580 Wilshire Boulevard, Suite 1710, Los Angeles, CA 90010; Phone: (213) 381-5710; Email: info@ samsonlawfirmpc.com. (Advertising Supplement)
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 Visit our website at kenreyeslaw.com (Advertising Supplement)
B DECEMBER 5-8, 2020 • LA WEEKEND ASIAN JOURNAL
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