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122620 - Los Angeles Weekend Edition

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DECEMBER 26-29, 2020 Volume 30 - No. 102 • 2 Sections – 20 Pages

Trump criticizes Congress’ COVID-19 relief DATELINE USA Fil-Am attorney bill, demands amendments, bigger checks appointed mayor pro FROM THE AJPRESS NEWS TEAM ACROSS AMERICA

tem of Claremont, CA

by KLARIZE

MEDENILLA AJPress

A MONTH before he’s set to step down, President Donald Trump once again is putting party loyalty to A FILIPINO American attorney will serve as the test as he demands amendments to the $900 bilthe mayor pro tem of Claremont, California for lion COVID-19 relief bill that Congress passed earlier the coming year. Jed Leano, an immigration lawyer who was elected to the City Council in 2018, was sworn in as the city’s second-in-command this month. “I feel immense pride serving as Claremont Mayor Pro Tem. Pride for my family, for our ancestors, and for our heritage. I am a first generation filipino American, and this moment brings me back to all the hardships my parents endured, immigrating to America, starting their careers and lives in a foreign land, leaving behind so many family and friends, all to give their children a shot at the American dream,” Leano said in an email to the Asian Journal. The council appointed Jennifer Stark as the city’s mayor. Claremont, a city 30 miles east of downtown Los Angeles, bears an estimated population of 36,266 residents, according to the U.S. Census Bureau in 2019. It is home to the Claremont Colleges, a group of seven prestigious undergraduate colleges and graduate schools, such as Claremont McKenna College and Harvey Mudd College. Since joining the city council, Leano’s goals have included the planning and construction of Claremont’s first low-income housing development in nearly a decade, as well as reducing homelessness. In the past year, the UK TRAVEL BAN. A security personnel of the Ninoy Aquino International Airport Terminal 3 in Pasay City checks the body temperature of a Qatar-bound passenger using a thermal scanner on Wednesday, December 23. The national government is temporarily banning flights from city’s homeless count dropped by 41%. “While much of the gains in our homeless the United Kingdom from December 24 to 31 due to concerns over the spread of a new variant of SARS-COV-2. PNA photo by Avito C. Dalan u PAGE A3

Black Fil-Am Raiders player Josh Jacobs named to 2021 NFL Pro Bowl LAS Vegas Raiders running back Josh Jacobs has been named to the 2021 NFL Pro Bowl roster. The NFL on Monday, December 21, announced its 2021 AFC Pro Bowl roster, which includes Jacobs as well as his Raiders teammate, tight end Darren Waller. Jacobs, who is Black and Filipino American, is currently sixth in the league with 970 rushing yards and 10 touchdowns in 13 games, according to Sports Illustrated. He developed a promising 2019 rookie campaign after rushing for 1,150 yards and seven touchdowns. The 5’10” 22-year-old from Tulsa, Oklahou PAGE A2

Stay-at-home order ‘very likely’ to be extended for certain California regions by AJPRESS GOING into the holiday week, California is still hitting record COVID-19 numbers, signaling that restrictions could remain in place into the new year. Governor Gavin Newsom earlier this week said that the state is inclined to extend the regional stayat-home order for more than the three-week period. But he did not offer what that extension would look like. “Based upon all the data, and based upon all these trend lines, it’s very likely that we will extend the stay-at-home order,” Newsom, who is quarantining after another staff member tested positive for COVID-19, said. This comes as four out the five regions, or 98% of the state, are under the order, which was triggered by the Intensive Care Unit capacities dropping below 15% and has implemented shutdown requirements for most businesses except for retail stores and essential services. u PAGE A4

PH ranks third with most journalists LA County warns residents of potential COVID-19 vaccine scams killed in 2020, new report finds WITH the arrival of COVID-19 vaccines in Los Angeles County, officials are warning residents to be aware of individuals offering to administer the vaccine in exchange for money. “If someone offers to sell you a chance to get vaccinated before it is your turn, it’s a scam,” the LA County Public Health Department said in a release. In the past few months into the pandemic, scammers have used robocalls, social media posts and emails to take advantage of the fear, anxiety and confusion around the

Photo from Instagram/@iam_joshjacobs

“I’m asking Congress to amend this bill and increase the ridiculously low $600 to $2,000 or $4,000 per couple,” the president said. “I’m also asking Congress to immediately get rid of the wasteful and unnecessary items in this legislation or to send me a suitable bill.” u PAGE A2

this week. Late on Tuesday, Dec. 22, Trump argued in a video posted to Twitter that the $600 stimulus check promised to individual taxpayers is too low, urging Congress to thin down the bill to focus more on the economic distress that the COVID-19 pandemic has had on individuals, families and small businesses.

coronavirus by offering cures and remedies or false testing kits. Currently, the COVID-19 vaccine is being offered to frontline health care workers and those who live in long-term care facilities. Essential workers who cannot work from home and are at high risk of contracting the virus, as well as older adults with medical conditions, are being eyed for the next rounds of distribution. “As more vaccine[s] [are] available, it will be offered to everyone. This will likely u PAGE A4

by RITCHEL

MENDIOLA AJPress

THE Philippines ranks among the countries with the most retaliatory killings of journalists in 2020, the New York-based Committee to Protect Journalists (CPJ) said in a new report. Globally, at least 30 journalists were killed from January 1 to December 15 this year, up from the 26 killings in 2019. Of the recent number, 21 were murdered in

retaliation for their work, while others were killed in combat or crossfire or on another assignment that turned dangerous. “The number of journalists murdered in retaliation for their work more than doubled in 2020, as criminal gangs and militant groups targeted reporters working in violent but democratic nations,” said Jennifer Dunham in her special report. u PAGE A4

Año: Nuezca will ‘rot in jail’ after deadly viral incident by RITCHEL

MENDIOLA AJPress

PHILIPPINE Interior Secretary Eduardo Año on Wednesday, December 23, assured that Police Senior M/Sgt. Jonel Nuezca would face the full force of the law for shooting a mother and son dead in Paniqui, Tarlac. Nuezca shot and killed Sonya Gregorio, 52, and her son Frank Anthony, 25, after an altercation on Sunday, December 20. The incident was caught on camera and sparked outrage locally and internationally across social media platforms. “Justice will be served to the family of victims Sonya and son Frank Anthony Gregorio. Hindi natin palalagpasin ang karumaldumal na pagpatay sa kanila. Mabubulok si Nuezca sa kulungan (We will not let this gruesome killing pass. He will rot in jail),” said Año.

Nuezca is currently facing charges for two counts of murder. He surrendered to the authorities at a police station in Rosales, Pangasinan hours after the shooting incident. The Internal Affairs Service (IAS) of the Philippine National Police (PNP) is working to complete Nuezca’s dismissal proceedings within a month. “Kaya ngayon susubukan naming tapusin ng 30 days yan (So now, we are trying to finish it within 30 days),” said PNP-IAS Director General Alfegar Triambulo. Tarnished reputation Año scorned Nuezca for destroying the reputation of the country’s police force and labelled him a “disgrace to the police profession.” “Sinira nya ang magandang imahe ng kapulisan na mahabang taon na nating pinaghihirapan. Isa siya sa mga bulok sa u PAGE A3

PNP CHIEF IN TARLAC. Philippine National Police (PNP) chief Police General Debold Sinas visits the wake of Frank and Sonya Gregorio on Tuesday, December 22. The two were shot dead by Police Senior Master Sergeant Jonel Nuezca in Tarlac. Following the crime, some lawmakers have come out to voice out their support—renewing their push for the others to reimpose the death penalty in the Philippines. PNP photo


A december 26-29, 2020 • LA WeeKeNd ASIAN JOUrNAL

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From the Front Page

LANTERN FOR SALE. Colorful Christmas lanterns are on display while a vendor arranges gift wraps at a store in Barangay Kamuning, Quezon City on Wednesday, December 23. Vendors say they are lowering the prices of some Christmas items as long as they can be bought. PNA photo by Robert Oswald P. Alfiler

Trump criticizes Congress...

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Though Trump didn’t explicitly state that he’s poised to veto the bill, he criticized Congress for taking too long for a follow up to the $2.2 trillion Coronavirus Aid, Relief and Economic Security (CARES) Act that was passed in March. “A few months ago, Congress started negotiations on a new package to get urgently needed help to the American people — it’s taken forever,” Trump remarked. “However, the bill they are now planning to send back to my desk is much different than anticipated. It really is a disgrace.” Previously, House Democrats have pushed for $2,000 relief checks for millions of Americans, an $800 increase from the previous relief check issued via the CARES Act in March. House Speaker Nancy Pelosi (D-CA) — one of the four main

members of Congress at the helm of the COVID-19 relief bill — appeared to respond favorably to Trump’s insistence of the $2,000 check, saying in a tweet, “At last the President has agreed to $2,000 — Democrats are ready to bring this to the [House] Floor this week by unanimous consent. Let’s do it!” But Senate Minority Leader Chuck Schumer stressed that “Trump needs to sign the bill to help people and keep the government open.” (If no spending bill is passed by Monday, Dec. 28, the government will shut down.) The Republican faction of Congress has repeatedly resisted $2,000 direct payments, arguing that it would be too costly, but they have not responded to the president’s demands on amending the bill. According to aides on Capitol Hill, there’s currently no clear plan to acquiesce to the presi-

dent’s requests, but both parties hope that Trump will not veto the bill. As previously reported in the Asian Journal, the $900 billion COVID-19 relief bill that easily passed in both chambers of Congress promises, among other things, a $600 stimulus check and an extension of unemployment benefits. It would also bring about a new round of subsidies for small businesses, schools and renters facing eviction. The bill was widely criticized for its lengthy stipulations, including hundreds of billions of dollars in funding toward tax breaks to niche industries, defense programs (including $500 billion toward Israeli defense systems) and seemingly arbitrary allocations, like supporting the Tibetan Buddhist faith community’s role in recognizing the “reincarnation” of “any future Dalai Lamas.” n

Black Fil-Am Raiders player Josh Jacobs...

PAGE A1 t ma played college football at the University of Alabama and was drafted by the Raiders in the first round of the 2019 NFL Draft. The 2021 Pro Bowl Game originally was scheduled to be played Jan. 31, 2021 at Allegiant Stadium in Las Vegas, but was canceled

due to the ongoing COVID-19 pandemic. The venue will host the 2022 Pro Bowl instead. According to the NFL, it is working with EA Sports to create a week-long series of matchups featuring celebrities, NFL Legends, current players and streamers playing the official Pro Bowl

rosters on Madden NFL 21. “The week culminates in a virtual Pro Bowl game with 2021 Pro Bowl players playing within Madden, which will be available for fans to watch across a variety of platforms,” it said in a statement on its website. (Ritchel Mendiola/AJPress)


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Garcetti calls on Angelenos to download MyShake

HEAVY TRAFFIC. Petron’s offer of a 50-percent off promo to all motorists in selected branches causes heavy traffic along Aguinaldo Highway near Walter Mart in Dasmarinas City, Cavite on Tuesday, December 22. In celebration of the 2020 holidays, the promo would only be available Tuesday from 11 a.m. to 1 p.m. and customers need only to purchase a liter of gasoline or diesel to avail of the discount. PNA photo by Gil Calinga

Año: Nuezca will ‘rot in jail’ after deadly... PAGE A1

hanay ng kapulisan na kailangan nating walisin at turuan ng leksiyon (He destroyed the good image of the police that we have worked hard to build for a long time. He is one of the rotten eggs in the ranks of the police whom we have to get rid of and teach a lesson),” he said. “We will now have to work doubly hard to rebuild the reputation of the police organization and institute more reforms to prevent a repeat of this incident,” the interior chief added. In light of Nuezca’s actions, Año urged the public to avoid condemning the entire police force, urging everyone to remember the heroic deeds of other policemen and policewomen. Based on government data, 229 police officers have been killed in action while fighting crime, drug syndicates, and communist-terrorists since 2016. Meanwhile, 812 others were wounded in police operations. A total of 91,544 police officers have also been serving on the front lines in the fight against the COVID-19 pandemic. “Let’s not forget that there are thousands of policemen and policewomen out there who are performing their duties well to serve and protect the people, even those who condemn them,” Año said. “Kaya huwag po nating lahatin ang ating kapulisan (Let’s not generalize the entire police force),” he added. President Rodrigo Duterte in a public speech on Monday, December 21 condemned the police officer’s actions. “Ang pagmamahal ko sa trabaho lang natin (My love is for the work we do). You do something which is not — out of the ordinary just pulling a gun and shooting people, you must be… Eh ikulong ninyo ‘yon. Huwag ninyong bitawan ‘yang y*** na ‘yan (Lock him up and do not let him out),” he said Monday night. He stressed that Nuezca should be detained for committing a serious offense. “(Nuezca) should not be allowed to go out because double murder ‘yon eh (that’s double murder). Double murder is a serious offense, a grave offense. So from the time you are arrested up to the time that you are hailed to court to answer for the death of those two persons, innocent

ones, walang bail ka (you have no bail),” said Duterte. ‘Architecture of impunity’ On the other hand, Philippine Vice President Leni Robredo pointed out that “the person who pulled the trigger” is not the only one at fault, but also a “larger architecture of impunity” that allowed Nuezca to stay in service. “There will be those who will lay all blame on the person who pulled the trigger, as if he were not part of a larger architecture of impunity. Despite a clear pattern of brutality and a string of cases that made his propensity for violence apparent, the leadership allowed him to remain in service: May tsapa, may baril (with badge and service firearm),” she said. Prior to the Tarlac shooting, Nuezca faced two homicide cases in 2019 that were dismissed due to the lack of substantial evidence. Robredo also said she is one with the public in seeking justice for the Gregorio family. The government, for its part, has extended its assistance to the victims’ family. According to the Philippine Department of Social Welfare and Development (DSWD), the family will receive financial and food assistance under the agency’s assistance to individuals in the crisis situation program. The agency also said psychological support will be provided to the witnesses of the shooting incident. “The psychological support processing that we will do will not only focus on the individuals but on the entire community,” DSWD spokesperson Irene Dumlao said in an interview with radio dzBB. She added, “They all need to be able to recover and rehabilitate as a result of this incident.” Human rights and civic groups argued that the Tarlac shooting incident was not an isolated case, contrary to what Año and Sinas have said. According to Human Rights Watch (HRW) deputy Asia director Phil Robertson, the killing was “just the latest incident” of the reality that “many members of the Philippine police are simply out of control.” “As with many incidents of recent police violence, the killing by Nuezca of Sonya Gregorio and her son Frank was brazen and underscores the impunity

Jed Leano, mayor pro tem of Claremont, California

Fil-Am attorney appointed...

PAGE A1 count have been absorbed by COVID, we know that our formula of interim housing and mental health services for unsheltered residents works. I look forward to further developing our city’s plan in this new pandemic era and modernizing our efforts to reduce and ultimately eliminate homelessness,” he said, adding “Moving forward, I have a long range goal of making housing, and the high resource opportunities that come with Claremont, more accessible for seniors and young families starting their careers.” Given the ongoing pandemic, the city council has had to redirect its Community Development Block Grant budget to rental and business assistance, “providing two months rent to residents and

two months rent and payroll expenses to business,” Leano said. In October 2019, Leano was named Democrat of the Year for the 41st Assembly District by the LA County Democratic Party. He serves as chair of the San Gabriel Valley Regional Housing Trust Board, vice chair of Tri-City Mental Health Board, and Claremont’s representative to the San Gabriel Valley Council of Governments (SGV COG) Homelessness Committee. Prior to his election to City Council, Jed served as the Vice Chair of the Community and Human Services Commission and was the founding Chair of Housing Claremont. In addition to Leano, Corey Calaycay, whose father is from the Philippines, is a councilmember for the city. (Christina M. Oriel / AJPress)

that prevails in the Philippines,” he added. HRW also pointed out that Duterte has excused police misconduct countless times in the past. “Sunday’s killings in Tarlac province are an inevitable result of the Philippine government’s failure to hold erring law enforcers to account,” it added. Artist-activist group Dakila likewise said that Duterte has normalized the “culture of impunity” in the country. “This culture of impunity and violence – normalized by the President himself – has encouraged uniformed personnel to abuse their power and use their force outside duty. Their authority doesn’t give them a license to kill and violate law,” it said. n

LOS Angeles Mayor Eric Garcetti announced that the City of Los Angeles will retire the ShakeAlertLA earthquake early warning mobile app on December 31, 2020. The app was a pilot project that laid the foundation for an earthquake early warning alert system in California. Angelenos are now encouraged to download MyShake, a new statewide cell phone app from Earthquake Early Warning California that is powered by ShakeAlert and builds on lessons learned from the City’s two-year ShakeAlert pilot to deliver earthquake early warning alerts to people across L.A. County. “Los Angeles leads the nation in earthquake resilience –– and ShakeAlertLA showed how we can harness technology to provide critical warning before an earthquake hits,” said Garcetti. “The next big one is not a matter of if, but when, and we can all do our part to stay prepared, resilient, and a few seconds ahead of the game by downloading the MyShake app now.” “On behalf of the Governor and State of California, we thank Mayor Garcetti for his leadership and work to advance seismic safety,” said Mark Ghilarducci, Director of the California Governor’s Office of Emergency Services (Cal OES). “We are better positioned today because of the Mayor’s efforts and encourage all Angelenos to access the statewide earthquake early warning system which can provide life-saving seconds to drop, cover and hold on before an earthquake. We are pleased to be able to expand this life-saving technology to all Cali-

fornians.” Since its launch in 2018, the ShakeAlertLA app has received 920,000 downloads and issued 100,000 early warning alerts. As the first earthquake early warning app in the country, ShakeAlertLA created new software techniques, threshold alerting levels, personal privacy protections and communication methods, and demonstrated that telecommunications networks could handle a large number of mass notifications. MyShake builds upon this innovation, broadening the coverage to the entire state. As part of this effort, under Garcetti’s leadership, the City of LA made a $6 million strategic investment to add more sensors to the ShakeAlert network, establishing Southern California as the first region in the United States with the density of stations required to support the early warning system. ShakeAlert uses these sensors and others that have since been installed across the state to create the warnings that MyShake uses to distribute alerts to its users. Last October, on the 30th anniversary of the deadly Loma Prieta earthquake, Governor Gavin Newsom announced the launch of the nation’s first statewide Earthquake Early Warning System, which marries a new smartphone application dubbed “MyShake” with traditional alert and warning delivery methods such as Wireless Emergency Alerts (WEA). Like ShakeAlertLA, the state system uses ground-motion sensors to detect earthquakes that have already started and esti-

mates their size, location, and impact. When it detects a significant magnitude, the system issues a ShakeAlert Message, providing a warning before shaking begins. Earthquake Warning California marries the MyShake App and Android Earthquake Alerts with traditional warning delivery methods such as WEAs. The MyShake App has been downloaded more than one million times since being publicly launched in 2019. In addition, Cal OES recently announced a partnership with Google that includes Earthquake Warning California technology as a feature included in millions of new Android phones and via software updates in existing Android phones used in California. The Mayor’s Office, in partnership with AT&T, the Annenberg Foundation, and the Mayor’s Fund for Los Angeles, developed ShakeAlertLA to issue alerts to users in L.A. County in areas experiencing an earthquake with weak shaking (MMI 3) or greater for earthquakes of magnitude 4.5 and greater. The mobile app was developed as open source so that other cities and regions on the West Coast could copy the app until they could all be connected under one system. The City of L.A. subsequently worked with cities, counties, and states, sharing expertise and lessons learned to assist them in developing effective earthquake early warning programs. “Through working cooperatively with the U.S. Geological Survey, the City of Los Angeles u PAGE A4


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PH ranks third with most journalists...

PAGE A1 t The Philippines ranked third in the deadliest countries for journalists, with three confirmed journalist deaths in 2020. “In the Philippines, at least three journalists were murdered in retaliation for their work in 2020, despite the efforts of the Presidential Task Force for Media Security, a state body that President Rodrigo Duterte created four years ago to solve media killings,” Dunham noted. “Duterte and his government claimed to have made progress in combating impunity, but in reality have fallen short, failing to prosecute the masterminds of

murders and… undermining the press with hostile rhetoric, most notably by Duterte himself,” she added. Mexico placed first with five confirmed killings, followed by Syria and Afghanistan which were tied at the second spot with four killings. “In Mexico, at least four journalists were targeted for murder in 2020, and one more was gunned down while reporting from a crime scene,” Dunham said. “Mexico has long been the most dangerous country in the Western hemisphere for the press, which operates amid a complex web of criminal, drug-

Dateline USa

trafficking gangs and entrenched official corruption.” The CPJ found that criminal groups were the most frequently suspected killers of journalists in 2020, while politics was the most dangerous beat. It is also still investigating the deaths of 15 other journalists worldwide to determine whether journalism was the motive. “It’s appalling that the murders of journalists have more than doubled in the last year, and this escalation represents a failure of the international community to confront the scourge of impunity,” Joel Simon, the CPJ’s executive director, said. n

Garcetti calls on Angelenos to download...

PAGE A3 t delivered the country’s first cell phone app for mass delivery of earthquake early warning alerts,” said USGS Director Jim Reilly. “The app was developed by the City and powered by the USGS ShakeAlert system and has paved the way for widespread public alerting throughout the State of California. What we learned from

our important pilot partnership with the City of LA has benefited people throughout the West Coast as we expand ShakeAlert.” ShakeAlertLA was designed to spur innovation and serve as a bridge until a statewide earthquake early warning system was implemented. Under the leadership of Governors Jerry Brown and Gavin Newsom, the State of

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LA County warns residents of potential... PAGE A1 t take months. Vaccine may not be offered to the general public until Spring/Summer 2021,” the health department said. The department added that the vaccine will be administered at no cost and regardless of immigration status and whether they have health insurance. What the public should look out for is if someone offers to move you into an earlier group to get the vaccine for a fee; if they try to sell you a place on a COVID vaccine waiting list as there

is no such list; or if someone on the street, online, social media or by door tries to sell a shot of the vaccine. “If someone says they can get you a special, low cost deal, or get you the vaccine under the table, it’s a scam,” the department added. Other tips shared include: being vigilant if the individuals asks for personal or financial information; seeing ads for fake vaccines or “miracle cures” using vitamins or other dietary supplements; and if anyone that

“isn’t well known in your community (like a doctor, a health care clinic, a pharmacy, a County health program) offers you a vaccine – think twice and check with your doctor.” To report a possible COVID-19 scam, LA County residents can contact the Department of Consumer and Business Affairs at dcba.lacounty.gov or (800) 5938222, or can report suspicious claims about vaccines, testing or treatment products to the Federal Trade Commission at ftc. gov/complaint. (AJPress)

Stay-at-home order ‘very likely’ to be extended...

PAGE A1 t Southern California and the San Joaquin Valley remain at California was able to develop the 0% ICU capacity, though they MyShake app. Now that MyShake were slated to exit the regional has launched, ShakeAlertLA will order by December 28 if the ICU not send earthquake alerts to levels reached above or equal to users after December 31, 2020. 15%. The Bay Area is at 11.4%, Residents who want to receive with eligibility to exit on Januearthquake early warning noti- ary 8 and Greater Sacramento is fications should download the at 15.6% and can return to the MyShake app, which is available Blueprint for a Safer Economy on the Apple store, or on Google order by January 1. Play. n “Just because it’s at 0 doesn’t mean there’s no ICU available — it means we’re now in the surge plan,” Newsom said. Meanwhile, Northern California is the only region not under OVER 17 YEARS the order as its availability remains at 28.8%. Statewide, the current ICU capacity is 2.5%. Under the regional order, gatherings are prohibited, while outdoor dining and indoor activities like hair salons, personal care services, and movie theaters are temporarily shuttered. The state reported 36,069 new daily cases on Tuesday and 361 new deaths, bringing the totals to 1,964,076 cases and 23,284 fatalities since the beginning of the pandemic. Darrick V. Tan, Esq. The 7-day positivity rate is 12.6% and the 14-day positivity Licensed in California for rate is 12.3%. over 17 years The number of hospitalizaLicensed in Nevada for tions due to confirmed COVIDover 12 years* 19 cases in California reached UCLA, Bachelor of Arts, Political Science with Cum Laude honors a total of 18,448, while 913 are Southwestern University Law hospitalized suspected to be inSchool, Juris Doctor fected with the virus. The numAdmitted to U.S. District Court, ber of ICU patients reached a Central District of California Member, American Immigration total of 3,827 confirmed COVID19 cases and 128 suspected. Lawyers Association Vaccination campaign Member, Consumers Attorney On Friday, December 18, the Association of Los Angeles Food and Drug AdministraFormer Member, Board of Governors, Philippine American tion issued an emergency use Bar Association authorization for the Moderna *Inactive vaccine, becoming the second

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vaccine against COVID-19 to be distributed in the United States. This comes a week after the Pfizer-BioNTech vaccine was authorized and began to be administered to frontline health care workers across the country, including throughout California. Newsom said 672,600 Moderna vaccines would allocated for California in the first round this week. Already, 100,000 have arrived in the state as of Monday. Given that it does not need extreme-cold storage compared to the Pfizer-BioNTech vaccine, the Moderna vaccines are more suitable for distribution in rural and hard-to-reach areas. It is similarly a two-dose vaccine, but the second dose will be administered 28 days after the first, unlike a 21-day gap for the Pfizer-BioNTech one. Newsom said the federal government deserves credit for the swift arrival of the vaccines. “This is an extraordinary accomplishment, for this country, for our nation, for our world that these vaccines are even going into people’s arms, that they have arrived,” Newsom said. “I want to compliment everyone who was part of Operation Warp Speed — they deserve credit, the administration deserves credit, the president and vice president deserve credit for working hard over the course of the several months to get these vaccines out and to get them into these states.” The state is expected to receive a total of 560,625 doses of the Pfizer-BioNTech vaccine, 40% less than what was previously promised by the federal

government. The first allocation was 327,600, with 233,025 anticipated in the second round. In the first week, 70,258 doses were administered across the state. For now, health care workers who have direct interaction with patients as well as residents in long-term skilled nursing facilities are prioritized in the initial shipments of the vaccines. Last week, the governor announced the “Vaccinate All 58” campaign to ensurer safe and equitable vaccine access for all 58 counties in the state once more doses are available for mass distribution. Other subgroups of the population, such as teachers, workers in the food industry and vulnerable senior citizens, are being eyed for the next tier of vaccinations in the state. CA Notify Newsom also reminded California residents to opt into the state’s CA Notify system, which is supposed to help with contract tracing and alert them of their possible exposure to COVID-19. Californians can receive notifications informing them if they have been exposed to someone who has tested positive for the virus so they can take immediate actions around quarantine and testing. Californians with iPhones can enable CA Notify in their settings and Android phone users can download the app from the Google Play Store to immediately start receiving exposure alerts on their phones. Use of the technology is completely voluntary, private, and secure. To date, 7.35 million residents have enabled the notifications. n


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PH to raise age of consent from 12 to 16 by Ritchel

Mendiola AJPress

BENEFICIARIES. Some 300 residents of Purok Zone 7A of Bgy. Cupang in Antipolo City, Rizal show their Christmas Kalinga packs on Tuesday, December 22 during the distribution at SM Cherry Antipolo. The activity is a joint project of the city government and SM Foundation to provide essential items to residents and families affected by the Covid-19 pandemic and recent calamities. PNA photo by Joey O Razon

SWS: 6 in 10 Filipinos believe quality of life got worse in 2020 MANILA — Around six in 10 Filipinos believe that the quality of their lives got worse in the past year, according to a new survey released by private pollster Social Weather Stations (SWS). The poll conducted from November 21 to 25 revealed that 62% of adult Filipinos said that the quality of their life got worse in the past 12 months (called by SWS as “losers”), while 24% said it remained the same and only 14% said it got better (“gainers”). These numbers were an improvement from September’s poll

data, where 82% were losers and 6% were gainers. The resulting net gainers score, or the difference between losers and gainers, is an “extremely low” -48, which is better compared to the last survey’s “catastrophic” 76, one of the worst survey trends in the history of SWS’ polling. The net gainers score improved across all regions, but remained “catastrophic” in Metro Manila and the Visayas. It also eased in all educational levels, but remained “catastrophic” for individuals who have only

graduated elementary and junior high school. The SWS said hunger is greater among losers, with 19% of Filipinos falling under this category. The poll was the first to be conducted using face-to-face interviews of 1,500 adults since the beginning of the coronavirus pandemic. The sampling error margins are ±2.5% for national percentages, ±4% for Balance Luzon, and ±6% for Metro Manila, the Visayas, and Mindanao. (Xave Gregorio/Philstar.com)

PH orders temporary ban on UK travellers amid new COVID-19 strain MANILA — All flights from the United Kingdom to the Philippines are suspended starting Dec. 24 amid reports of a new coronavirus strain believed to be a more infectious strain of the coronavirus disease, Malacañang announced on Wednesday, December 23. Presidential spokesperson Harry Roque said President Duterte approved the proposal by the Inter-Agency Task Force on the Management of Emerging Infectious Diseases on Tuesday night. The temporary travel ban will last until Dec. 31, Roque said. “All passengers who have been

in the UK within 14 days immediately preceding arrival to the Philippines, including those merely in transit, are also temporarily restricted from entering the country for the same period,” the Palace official said. Passengers already in transit from the UK and all those who have been to the European country within 14 days immediately preceding arrival to the Philippines, who arrive before 12:01AM of December 24, 2020, will not be subject to entry restriction but they would be required to undergo stricter quarantine and testing protocols.

“Outbound travel to the UK shall likewise be subject to the existing exit protocols of the Philippines and the UK,” Roque said. British Prime Minister Boris Johnson recently announced stricter restrictions in his country after experts found a more infectious strain of coronavirus, which, he said, “may be up to 70 percent more transmissible than the earlier strain.” Almost immediately, several countries imposed a travel ban on the United Kingdom, including Canada, Italy, Turkey, Switzerland, and Germany. (Darryl John Esguerra/Inquirer.net)

THE Philippines is set to raise the age of sexual consent from 12 years old to 16 years old. According to a recent report by Agence France-Presse (AFP), the country has one of the lowest ages of consent in the world, allowing adults to legally have sex with children as young as 12. “Child rights activists have lobbied for decades to increase the age – enshrined in the penal code since 1930 – but faced resistance from what they describe as a ‘culture of patriarchy’ in a country where abortion and divorce are illegal,” the online news portal noted. “Congress now looks set to approve a bill to raise the age to 16,” it added. On December 1, the Philippine House of Representatives approved on third and final reading a bill seeking to raises the age for determining statutory rape to 16 years old. Statutory rape, in common law jurisdictions, is non-forcible sexual activity wherein one of the individuals is below the age of consent or the age required to legally consent to the act. Two hundred and seven lawmakers casted affirmative votes to approve House Bill 7836, which amends amend Republic Act No. 7610 or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. Only three lawmakers opposed the measure. Campaigners say the bill would help protect children and adolescents in a nation that has become a global hotspot for online child sex abuse and exploitation. “This is a victory for Filipino children,” said Patrizia Benvenuti, UNICEF’s chief of child protection in the Philippines. She added, “Pegging 12 as the age of consent is really not consistent with scientific studies on brain development.” One Filipina teenager who realized too late that she had been too young for a sexual relationship is Rose Alvarez (not her real name for protection). She was 13 when she started being intimate with a man who was more than twice her age. She got pregnant at 14.

“I was still a child then, I didn’t know anything about sex,” Alvarez, now 16, told AFP at a clinic run by the Likhaan Center for Women’s Health in Navotas, Manila. “I was telling him to use a condom… but he removed it. He didn’t want to use it,” she added.

According to Alvarez, she was drunk the first time she slept with the man, who was about 29 when they met on Facebook. “When I woke up I was shocked to see blood in my underwear and it hurt a lot,” she recalled. “I was too intoxicated to know what was happening.”

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OPiniOn

Disregard for life

FeatURes

THIS is a man tasked to keep the public safe: Staff Sgt. Jonel Nuezca, assigned to the Parañaque police crime laboratory, visited his hometown of Paniqui in Tarlac, where he had an altercation last Sunday with neighbors, with whom he had been feuding reportedly over right of way in their compound. A graphic video showed his 10year-old daughter jumping into the fray and shouting, “My father is a policeman!” To which neighbor Sonia Rufino Gregorio, 52, who was shielding her son Frank Anthony, 25, from Nuezca responded by breaking into song: the refrain of the K-pop group 2NE1’s “I don’t care…” What followed was a horrific scene. The video clearly showed Nuezca pulling out a gun and shooting Gregorio pointblank in the head, and then her son. As mother and son fell to the ground, Nuezca finished them off with two more shots with his service 9mm handgun. The shocking video has gone viral worldwide. It’s a hideous end to a hideous year, and raises questions about the recruitment and training of members of the Philippine National Police. Nuezca fled on his motorcycle but later decided to turn

himself in, and now faces double murder charges. PNP records show that in 2014, he was suspended for 31 days for refusing to undergo a drug test. Last year he faced two other cases for grave misconduct involving homicides in May and December. Both cases were dismissed ostensibly for lack of evidence. How does a person like this manage to stay in the PNP? Psychiatric assessment is required for admission to the PNP and authority to use guns. After being cleared in two other killings, Nuezca must have thought he could get away with two murders. Malacañang and PNP officials have stressed that Nuezca’s killings were not related to his work, and he would face the full force of the law. But these murders should prompt a review of the environment that encourages the use of exces- ca has shown, such an environment can breed sive force by law enforcers. As the case of Nuez- impunity and disregard for life, allowing a man to

Editorial

The Fil-Am Perspective GEL SANTOS-RELOS 2020 is about to end as the deadliest year in the history of the United States, and the coronavirus pandemic is the invisible enemy. Deaths due to COVID-19 are expected to top 3.2 million deaths by the end of the year, killing about 3,000 Americans per day. Those fighting on the frontlines are Filipino nurses, doctors, caregivers. Sadly, “Filipino and Filipino American nurses are dying from COVID-19 at disproportionately high rates, accounting for more than 30% of the 205 U.S. nurses who have died, though the group makes up just 4 percent of the total nurse workforce,” according to The Mercury News. More than two-thirds of nurse deaths in California are among Filipino Americans, the Mercury News reported in October. “California, where about 20% of nurses identify as Filipino, they account for 11 of the 16 COVID-19 deaths in the profession, or nearly 70%,” according to the California Nurses Association.

Commentary

ENRIQUE

DE LA CRUZ

DURING the initial pandemic wave of the spring and summer, we were lucky not to have anyone within our family and social circle get COVID-19. But during the current wave, our social circle has been breached as infections have happened. I would like to share their stories to show how stealthy this virus can be. Their stories are anecdotal, but cautionary nonetheless. I have changed names for privacy reasons. Minor details have also been changed if they are not material to the story. In a previous essay on the cultural challenges of staying healthy and Covid safe, I mentioned six admonitions by health professionals on what we can do to avoid the COVID-19 virus. Avoid the 3 C’s: crowded places, closed spaces, and close contact. Practice the 3 W’s: wear a mask, watch distance, and wash hands. As with many prescriptions from healthcare professionals, our own personal predispositions, as well as cultural habits, often pose challenges to compliance with these admonitions. For a predominantly immigrant community such as ours, social gatherings with family and friends is an important aspect of our culture. They are especially meaningful because as

Philstar.com photo

murder two persons in front of his own daughter. (Philstar.com)

Honoring Filipino American doctors, nurses, caregivers who are fighting on the frontlines of the COVID-19 pandemic Why are our kababayans so vulnerable? It is because “Filipino American nurses are more likely to work in higher-risk roles within hospital systems, such as the intensive care unit, emergency medicine or telemetry units, where high-risk patients are under constant electronic monitoring — putting them directly in the path of COVID-19,” said Catherine Ceniza Choy, Ph.D., a professor of ethnic studies at University of California, Berkeley. We would hear this even from our friends and family. Many Filipinos chose to study nursing as their way to immigrate to the United States and earn equitable income to support their family, not only their own nuclear family, but also their extended family back home in the Philippines. This income opportunity was hardly available in the Philippines. This motivation and the innate caring nature of Filipinos lead our nurses to take on night shifts and positions in acute care that are not preferred by other nurses

in America. Many of them even work part time in nursing homes and long term care facilities to earn more. “Filipino nurses, here specifically in the U.S., are concentrated specifically in inpatient critical care services,” according to Dr. Ceniza Choy. “Many of them are also caregivers at home, not only of children, but also their parents and other elders. And so part of the problem with the pandemic is these multiple layers of vulnerability and exposure.” Statistics show that the spike in infection cases happen during the holidays when people get together in big groups, making parties, outings, reunions super spreaders. In many parts of the country like California — home to the biggest number of Filipinos in the United States — lockdowns and curfews are again ordered to mitigate the further spread of the virus during the Christmas and New Year holiday season. California has recorded a halfmillion coronavirus cases in the last two weeks and in a month, it

could be facing a “once-unthinkable caseload of nearly 100,000 hospitalizations,” California Gov. Gavin Newsom said. Because of this, Gov. Newsom warns that hospitals may be overwhelmed even more, and “may run out of room even in their makeshift ‘surge’ capacity units “by the end of the month and early in January.” In response, Newsom said the state is updating its planning guide for how hospitals would ration care if everyone can’t get the treatment they need. When we hear warnings like this, we know that our Filipino medical front liners, especially our nurses, will be overworked and overwhelmed, working long hours and exposing themselves more to the virus. Thankfully, our nurses and doctors are among those given top priority for the vaccine against COVID-19. Most of them have already gotten their first shot of two doses. After them, the CDC will announce the next group of the population who will be get-

ting vaccinated. But just as we are still in the initial roll-out of this vaccine, we all should still practice all the public health safety measures recommended by our health officials. Dr. Germinigildo Valle, an internal medicine specialist at the Seton Medical Center in Daly City, California reminds us: “Yon po — magmask, magpabakuna, maghugas ng kamay, mag social distance at sabihin po sa iba nating mga mahal sa buhay na ganoon din po ang gawin. As a community, we should be models. Most of our kababayans are in the healthcare industry so they have better understanding, they are better models for the others. So sana po sama-sama tayo lahat. Pag panahon na ng pasko, pagdating ng bagong taon na tayo ay manatiling malusog, masaya at magpasalamat. If we truly honor and are grateful to our modern-day heroes who are risking their lives to save hours, then the least we can do is to practice these safety measures. The life we save may be

ours and of our loved ones, our doctors, nurses and caregivers, our neighbors. It is our duty as patriotic citizens if we truly love our country and our people, then we need to do our share of sacrifice to win this was against COVID-19. It is our solemn calling as Christians if we are truly pro-life and live the message of empathy, compassion, and being a man for others, serving a purpose bigger than ourselves. To be continued... *** 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.

COVID-19 cautionary tales from our social circle

immigrants, we had to abandon the social networks that we had established growing up in the Philippines. The social networks that we have since re-created involving close friends and family, including adopted uncles, aunts, and cousins, have been strengthened by social gatherings like birthdays, anniversaries, celebrations, and anticipated events like baby showers. Coming together has a special significance for immigrant communities; they reinforce cultural practices around food, humor, and values. Social gatherings are comfort food writ large. The pandemic has forced us to rethink some of these behaviors. We now know that these gatherings increase our risks of getting sick with this deadly virus. But changing our behavior has been difficult requiring us to be very intentional about our family and cultural traditions. We assist in the homeschooling of our granddaughter. A month ago while hanging out the front doorsteps, my wife noticed a young mother taking a walk with her young son, so she strikes up a properly distanced conversation. It turns out the little boy is in the same zoom class as our granddaughter. So they exchange contact information. Later that day, we inform our daughter, even suggesting that she invite them over at some point. Our daughter very wisely turned down the suggestion, saying: “We are trying to

limit the number of folks in our pod.” Reaching out, as we had suggested would have been a lapse in our social distancing, and assuming the worse, possibly introducing the virus into our family circle. But our social circle has been breached, and these stories are cautionary tales. Holiday celebrations are in full swing despite under stay-athome orders even as hospitals are beginning to report a shortage of ICU beds for COVID patients. I wrote at the beginning of this pandemic (This is World War III, AJ, April 4 2020) that we are the front line troops in this struggle. Our role is to prevent the community spread of the virus into our social and family circles. Our weapons are the 3 Cs and the 3 Ws, and we have to be very intentional in adopting changes to our cultural practices. I hope these stories will re-invigorate our wellness practices against the virus and make us more intentional about our cultural practices. 1. Jose who works in food service must have been struggling with the depressed state of restaurants and food-service establishments under operational restrictions under the pandemic. On his weekend off, he went on a boat trip to one of the Channel Islands, and then goes out with a group of friends afterward. Jose is not sure which of these possible exposures gave him COVID. If I had to guess,

it would be the gathering with friends. Most ferries to Catalina are open to the ocean breezes. Having gone that way myself I have had to bring a warm jacket against the early morning cold. On second thought, even with good air circulation, going on a ferry ride involves grabbing on to many, many high touch surfaces during the ride. This is why we are cautioned to wash our hands frequently when we have to be in such situations. 2. Linda and John wanted to get an estimate for a repair job on their house. The contractor who was tested for Covid the day before may not have been feeling well when he came to do the estimate. When his tests found him positive, he informed Linda and John. Too late; they ended up with Covid, too. Linda noted that they wore masks, and presumably so did the contractor; what they failed to do was disinfect/wipe off the many surfaces that the contractor touched to develop the estimate; of course, they probably were not scrupulously distanced as they pointed out details to the contractor. If a person is infectious, surfaces that he touches become vehicles for infection. I was at a sporting goods store last week and noticed how the sales clerk, aside from being behind a plexiglass barrier, diligently wiped off the many surfaces that each customer may have touched during check-out. I now appreciate this practice after hearing

about Linda and John’s story. Which brings me back to the risk of infections at social gatherings, even when everyone is conscientiously wearing masks. It is difficult to know who is infectious, for many who are, are asymptomatic. At a party, everything around becomes a high touch surface: chairs, tables, ice chests, food and drink dispensers. Hand sanitizers provide a measure of prevention, but party hosts are probably loath to have them handy for guests to use. But in the age of Covid, they should probably become common party accessories, as lumpia and pansit are common fares. It might also be helpful for the host to point out these sanitizers and encourage everyone to use them—often. 3. Paula had a sister who wanted to celebrate Thanksgiving with family members. We know how large extended families can get with adoptive uncles, aunts, and cousins. Paula declined since she worked as a caregiver for an elderly person. The gathering turned out to be a spreader. As Paula looks back, she feels that if she did not work as a caregiver, she would have brought her husband and kids to the gathering. Without her excuse as a caregiver, her absence would have been taken as a snob. 4. Marina works as a cleaning person, cleaning other people’s houses. One of her clients, a husband and wife, decided to

go out of town to celebrate an anniversary. They got infected on that trip and infected her in return as she cleaned the house for them. Marina says that she tries to wear a mask while on the job, but sharing an enclosed space over a prolonged period with infectious and asymptomatic folks proved that the mask alone is inadequate to keep her from getting infected. She might have needed more armor, masks, gloves, face shields, etc., when the virus is in the air and on the many surfaces that she had to touch. 5. Raul sensed while talking over the phone with his best friend from college, that Fidel did not sound well. Fidel’s mother had just passed away. Raul decided to pay him a visit to cheer him up and help get him over the hump of a loss in the family. Upon arrival he noticed that Fidel looked rather sick, so he offered to drive him to the hospital for a checkup. The hospital was about a halfhour away; they arrived without incident, using the ride to catch up on each other’s lives. Fidel tested positive for Covid. Raul has since gone into self-quarantine. He says that he has been tested twice since then, both with negative test results. In the meantime, Fidel is on the path to recovery, thanks to the timely intervention of Raul, and health professionals. Raul admits that he has dodged a bullet, and at-

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Dateline PhiliPPines

SLOW BUSINESS. One of the broomsticks vendors checks his mobile phone while waiting for customers on a sidewalk along Woodpecker Street, Barangay Kaligayahan in Novaliches, Quezon City on Tuesday, December 22. The vendors got their merchandise from Laguna province. PNA photo by Oliver Marquez

55% of Filipinos expect Christmas to be the same despite the pandemic MANILA — A slight majority of Filipino adults are expecting to celebrate Christmas the same way they did last year even if the coronavirus pandemic is still raging, a new survey revealed. However, the number of Filipinos expecting the holidays to be more prosperous dropped by 40 percentage points from 48% to just 8%. According to private pollster Pulse Asia, 55% of Filipino adults said that Christmas for their families will be the same as last year. Of them, 36% expect this Christmas to be just as prosperous as last year, while 18% expect that the holidays would not be prosperous. The same sentiment was recorded in nearly all regions and classes except in Mindanao and

Class E where their opinion was split between expecting to celebrate Christmas the same as last year and expecting a less prosperous holiday season. The survey also showed that 38% of Filipino adults said that their families would be celebrating Christmas poorer this year. A good majority of Filipinos, however, said that they are hopeful of the coming year, with 91% of them saying that they will be facing 2021 with hope. Only 1% said that they are not hopeful for the new year and 8% said they cannot say if they are hopeful or not. The survey was conducted through face-to-face interviews with 2,400 adults from November 23 to December 2.

This year saw the economy fall to its lowest on record, sinking 16.9% year-on-year in the second quarter as lockdowns aimed at curbing the spread of the coronavirus crippled businesses. The country’s economic slump eased to 11.5% in the following quarter, indicating a slow recovery from the damage dealt by the pandemic. The government expects to cap the year seeing as much as 9.5% of the value of the economy slashed from last year. Joblessness also swelled to an all-time high of 17.6% in April before easing to 10% in July and most recently to 8.7% in October, partly because the unemployed completely gave up on finding jobs. (Xave Gregorio/ Philstar.com)

COVID-19 cautionary tales from our... PAGE A6 t

tributes this to the fact that he has kept his mask on, all the time he was with Fidel, even in the confines of a car with a sick Covid patient. He now an enthusiastic mask advocate. The data from family gatherings for Thanksgiving is now in. It is showing what experts have

feared: a statistically significant spike in cases that can be attributed to Thanksgiving weekend gatherings. The approval of two vaccines is light at the end of the tunnel, but the virus is among us now. Pogo, Walt Kelly’s memorable cartoon character, might well observe again: “We have met the enemy, and he is us.”

*** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.

*** Enrique de la Cruz is Professor Emeritus of Asian American Studies with CSU Northridge.

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Dela Rosa prods Senate to start Duque: 2020 is ‘most difficult year’ in history of DOH debates on death penalty bill by Cathrine

Gonzales Inquirer.net

MANILA — Senator Ronaldo “Bato” Dela Rosa prodded his colleagues at the Senate on Wednesday, December 23 to hear the proposed revival of the death penalty which he said has been languishing for years already. He lamented that the Senate has not conducted any hearings yet on the measure, which was filed at the start of the 18th Congress in July 2019. “Hinihingi ko lang is that dapat magkakaroon na ng Senate hearing dun sa mga bill na yun, dahil all those bills were filed at the start of the 18th Congress, so ilang taon na yan dyan hindi man lang umuusad. Wala pang nangyaring hearing,” Dela Rosa told ABS-CBN News on Wednesday. (All I’m asking is to have a Senate hearing on the bill because all those bills were filed at the start of the 18th Congress, so this has been languishing for years. No hearing has been conducted yet.) “Presumably, I don’t know the reason but baka ayaw nila ng, yung nasa komite na yan ay ayaw ng death penalty (maybe they

don’t want it; those in the committee don’t want it),” he added. Several bills on death penalty have been referred to the Senate justice and human rights committee, headed by Senator Richard Gordon. Dela Rosa pointed out that at least seven senators, including him, have filed separate bills pushing for the reimposition of the capital punishment. He said the six others are Senate President Vicente “Tito” Sotto III, Senators Imee Marcos, Ramon “Bong” Revilla Jr., Sherwin Gatchalian, and Christopher “Bong” Go. Senator Manny Pacquiao has also filed his own version of the bill. Dela Rosa said he would stick to his bill that aims to impose death penalty for level drug trafficking cases only, though he said other crimes being proposed to be covered by the measure, such as heinous crime, may also be considered during debates. “I really didn’t want to include murder and other heinous crimes dahil nga yan yung bone of con-

tention ng mga oppositor noon na pwedeng yung mga suspect, dahil nga ang mahirap hindi makapaglaban sa korte, talo, so justice denied para sa kanila, he said. (I really didn’t want to include murder and other heinous crimes because that’s really the bone of contention of the oppositors, saying that poor suspects would lose in court. so it would be justice denied for them.) “Pero with that kind of incident siguro, ma-amend natin yung mga bill na yan during the debates…” he added, referring to the case of Police Senior Master Sergeant Jonel Nuezca, who shot dead Sunday a mother and her son in Tarlac after a heated debate. (But with that kind of incident, maybe we can amend the bills during the debates.) This “cold-blooded” killing of unarmed civilians by a policeman, Dela Rosa said, may be considered in the discussion on the death penalty bill. (Maila Ager/Inquirer.net)

MANILA — In Secretary Francisco Duque III’s opinion, 2020 has been the toughest year so far in the history of the Department of Health (DOH) as the agency found itself groping for solutions in the midst of the COVID-19 pandemic. “Basta ako ang masasabi ko lang (What I can only say is), 2020 is the most difficult year in the history of the department, the most difficult,” he said during the Kapihan sa Manila Bay online media forum on Wednesday. However, Duque was quick to point out that even the most powerful countries have also grappled with the unforeseen pandemic that has already claimed the lives of over a million individuals globally. “Wala naman akong sama ng loob dahil alam ko naman na buong mundo has been brought down to its knees. Lahat, even the most powerful countries, talagang pinaiyak ng COVID-19,” said Duque. (I don’t have any resentment because I know that the entire world has been brought to its knees. Everyone, even the most powerful countries, has shed tears because of COVID-19). “Lahat talaga umiyak dito, sobrang takot, sobrang pag-aalangan, sobrang maraming mga unknowns (Everyone cried, people are afraid and worried. There are a lot of things unknown),” he added. Nevertheless, he noted that the government has continued to improve its capacity for its pandemic response amid the continuous threat of SARS-CoV-2, the virus

Health Secretary Francisco Duque III

that causes the disease. He specifically praised the information drive on the pandemic that was launched by the DOH. “In that area, we have scored, I believe, much. We have performed well,” the Health chief said. Meanwhile, Duque also noted improvements in the current figures on the country’s testing capacity and laboratories as compared to the situation at the onset of the pandemic. “Nine months ago, we had almost like what, just six quarantine facilities and you can count with the fingers of your hands how many beds we had. Now we are over 170,000, and our testing laboratories [increased] from one to 191, our capacity from 300 tests daily to about 34,000 or 35,000 a day,” he added. He also said that the government has “managed to keep low” the critical care utilization rate in hospitals. To recall, the government reimposed strict lockdown measures in Metro Manila and other nearby provinces in Au-

Inquirer.net photo

gust, in response to the plea of medical workers for a “timeout” to prevent the collapse of the healthcare system amid the continuous surge in coronavirus infections. In November, the DOH noted that the country saw its overall number of new COVID-19 cases drop by 25 percent in October, which was partly driven by the decline in the number of infections in Metro Manila. But earlier this December, Duque warned that there are already signs of a “beginning surge” of COVID-19 cases, particularly in parts of Metro Manila, as well as in Ilocos Region, Cagayan Valley, and Cordillera Administrative Region ahead of the holiday season. Health Undersecretary Maria Rosario Vergeire had also warned of a surge in coronavirus infections in the country due to expected family reunions and other merrymaking this Christmas. She said, however, that this could be toned down by strict adherence to health protocols. n

PH to raise age of consent from.. PAGE A5 t

Philippine Senator Risa Hontiveros on Dec. 2 expressed hope that the Senate version of HB 7836 could still be approved on the third and final reading by the end of the year. “I’m hopeful we could pass this and catch up with the parliamentary status in the House, and we pass it within the year,” said Hontiveros, co-author of the measure and chairwoman of the Committee on Women, Children, Family Relations and Gender Equality. “This amendment to the cur-

rent Anti-Rape Law places consent, or the lack of consent, front and center of the crime of rape and provides more protection to teenage girls especially against statutory rape,” she added. Citing data from the Center for Women’s Resources, Hontiveros stressed that a woman or child is raped nearly every hour. Seven out of 10 victims are children and the vast majority are girls. Rowena Legaspi, executive director of the Children’s Legal Rights and Development Center, pointed out that prosecuting adult perpetrators in rape cases

involving children has been difficult because they can argue the sex was consensual. “Imagine a 12-year-old… that girl is still a minor. How could she have consented?” she told AFP. Under HB 7836, the crime of statutory rape is committed when the victim is below 16 years old, or if the victim is older but is suffering from physical, mental or psychological disability It also metes out stiffer penalties for rape, sexual exploitation, and abuse, as well as shifts the burden of proof of consent on the part of the offender. n


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Drilon, Angara face Dengvaxia-linked raps

THE family and relatives of 160 Dengvaxia victims and seven employees of the Public Attorney’s Office (PAO) are readying criminal charges before the Office of the Ombudsman against Senators Franklin Drilon and Juan Eduardo “Sonny” Angara. Dr. Alexi Angelo Sulit and Dr. John King Soliman, who head the PAO’s Forensics Laboratory Division, said their rights as government workers were “brazenly violated by the two senators.” “For the moment, we are all hoping and praying that President Rodrigo Duterte will hear our pleading that he vetoes the illegal insertion made by the two senators in the 2021 General Appropriations Bill that he is set to sign this month,” Sulit and Soliman told The Manila Times. If Duterte does not act on their pleadings despite the series of letter-requests sent by PAO chief Persida Rueda-Acosta, the two doctors will charge Drilon and Angara with oppression and grave abuse of authority. Rueda-Acosta pleaded with the President to reject what she claimed to be “despotic, whimsical and vindictive” budget insertion made by Drilon and Angara that effectively abolished the agency’s forensics lab. “These two senators, who obviously have vested and personal interest, would be equally held accountable for their oppressive and illegal acts, which were tantamount to grave abuse of authority because those career employees they made jobless have all the rights to bring their case to the court,” Rueda-Acosta told The Manila Times in a separate

phone interview. The lab’s eight staff is headed by a consultant, Dr. Erwin Erfe. Preparing their own complaint of obstruction of justice against Drilon and Angara were the parents and relatives of 160 schoolchildren, whose deaths were linked to the controversial dengue vaccine. Annie Gabito, a Volunteers against Crime and Corruption (VACC) coordinator, said the relatives will be assisted by PAO in filing their case unless the President vetoes the “illegal” budget insertion made by the two senators. “They knew that their case against those behind the mass vaccination in 2016 until 2018 that resulted in the deaths of their children led by former Health secretary and now Iloilo Rep. Janette Garin and the vaccine manufacturer, Sanofi Pasteur Inc., would not prosper anymore because the forensic experts from PAO could no longer testify as they had already been removed from the roster and made jobless by Angara and Drilon,” Gabito said. The insertion read: “Nothing in the appropriation provided in this act shall be used for the salaries or compensation of personnel, travel allowance, meetings and maintenance, and other operating expenses of the PAO Forensic Laboratory Division.” Rueda-Acosta said Republic Act 9406 (PAO Law), RA 9745 (Anti-Torture Law) and RA 9262 (Anti-Violence against Women and Children Act) give PAO a “clear mandate to carry out its job to help the Filipino poor who cannot afford an expensive legal

service.” She said striking out the lab’s maintenance and other operating expenses and personnel services “is oppressive, a grave injustice and illegal per se and tantamount to constructive dismissal without due process of law.” She said oppression is a form of grave abuse of authority “committed by a public officer, who under color of his office, wrongfully inflict upon any person any bodily harm, imprisonment or other injury. It is an act of cruelty, severity or excessive use of authority.” “The lab personnel were not given a chance to be heard in the congressional deliberations and in the proceedings of the Bicameral Conference Committee,” Rueda-Acosta said. The lab was indispensable in evidence-gathering in the Dengvaxia case, having conducted autopsies on 160 school children who died after getting vaccine shots. Rueda-Acosta and Erfe insisted that Angara and Drilon had a personal stake in the case since one of its respondents, Sanofi Pasteur Inc., is the client of the Accra Law Office to which the senators still maintain ties. Aside from the two senators, at least 38 other people are facing multiple counts of reckless imprudence resulting in homicide and violation of the anti-torture law in cases involving the Dengvaxia deaths. Among them is Garin, accused of funneling the department’s P3-billion budget for the procurement of the vaccine for the mass inoculation of schoolchildren to the Philippine Children’s Medical Center. (ManilaTimes.net)

FRUIT SALAD INGREDIENT. A vendor peels a buko (fresh coconut) with a machete on the sidewalk along Congressional Avenue in Quezon City on Wednesday, December 23. Buko meat, which is shredded into thin slivers, is usually used as an ingredient when making fruit salad in the Philippines. PNA photo by Jess M. Escaros Jr.

UNICEF urges protection for children involved in Tarlac murders MANILA — Posting the photos and personal information of the child involved in the Tarlac killings this week only opens the child to further violence, verbal abuse, and vilification, an international children’s rights organization warned the public on Wednesday, December 23. This comes after Police SMSgt. Jonel Nuezca, now in custody and charged with two counts of murder, was caught on video shooting 52-year-old Sonya Gregorio

and her son Frank Anthony Gregorio—both unarmed—at pointblank range in the middle of a heated exchange. The same video that circulated social media showed that Nuezca’s daughter was present at the shooting and was bickering with Gregorio before Nuezca decided to shoot them both. “My father is a policeman!” the child yelled seconds before watching the two get shot in the head. In a statement issued Wednesday afternoon, the United Nations Children’s Fund warned that there could be a serious long-term impact left on the child after witnessing the murder and the bullying she might receive on social media or otherwise, saying: “The child is also a victim in this situation.” “Children have the right to be protected from all forms of violence, including bullying... Children also have the right to be supported through non-violent parenting practices and behaviors from adults to enable them to grow up in a safe environment and reach their full potential. Various studies have shown that children who are victims of and those who witness violence become vulnerable to physical and mental health problems, some of which will manifest when they reach their adulthood,” the statement reads. “UNICEF strongly urges the Philippine Government and the Philippine National Police to immediately adopt and implement the PNP Child Protection policy,

which reinforces zero-tolerance for any act of violence against children and aims to ensure special protection of children from all forms of abuse and exploitation by providing policies and guidelines to be followed by all PNP personnel.” With outrage on social media still going strong, the international child rights’ group also called on the local Social Welfare and Development Office in Paniqui to step in and provide psychosocial support and other needed child protection services the child might need in the aftermath of the killing. Earlier Wednesday, nonprofit Save the Children Philippines also warned that there could be a “devastating” long-term impact on children who witnessed the shooting take place. “The brutal incident can cause irreparable trauma, especially to the children involved, that may manifest later in the form of depression, anxiety, anger, disassociation, and other health problems,” Save the Children Philippines said. “As a signatory to the Convention on the Rights of the Child, the Philippines is duty-bound to uphold the right of all children to be protected from all forms of violence, and their right to grow up in a safe and nurturing environment that develops their potentials and capacities,” UNICEF also said. (Franco Luna with a report from Xave Gregorio/Philstar. com)

16 early presidential contenders listed by William

Depasupil ManilaTimes.net

A RESEARCH firm has listed 16 names as potential contenders in the 2022 presidential elections, based on their popularity on social media. BluePrint.PH said that among those in the list are Vice President Maria Leonor “Leni” Robredo; Senators Emmanuel “Manny” Pacquiao, Christopher Lawrence “Bong” Go, Ana Theresia “Risa” Hontiveros and Mary Grace Poe; and tycoon Ramon Ang. Also included are human rights lawyer Jose Manuel “Chel” Diokno, Davao Mayor Sara DuterteCarpio, former speaker Alan Peter Cayetano, Senate President Vicente “Tito” Sotto 3rd, Cavite Gov. Juanito Victor “ Jonvic” Remulla, Sen. Pilar Juliana “Pia” Cayetano, former senators Ferdinand “Bongbong” Marcos Jr. and Manuel “Manny” Villar, Leyte Rep. Lucy Torres- Gomez, and Manila Mayor Francisco “Isko Moreno” Domagoso. In a statement, BluePrint.PH said it scanned 344,761,479 data points or Facebook engagements, such as likes, shares, reactions and comments, from June 1 to November 30. “If we go by our big data metrics, about 16 names are frequently being mentioned on social media, particularly Facebook, as potential presidential candidates,” said Eero Brillantes, BluePrint.PH chief executive officer. Brillantes highlighted the powerful influence of social media in determining the country’s next president. “All have paths to the presidency. Social media networking activities alone through Facebook can generate 22 percent to 35 percent of the votes in 2022,” he said. He enumerated four components to a serious election campaign: ground game, the air war through mainstream media, network engineering (social media) and big data for decision support. Brillantes said the 16 names have at least one of these components, but none have all four. He said ground game and mainstream media through ad-

Vice President Maria Leonor Robredo

Senator Manny Pacquiao ManilaTimes.net photos

vertising and public relations would account for the 65 to 78 percent of vote generating potential. Big data will be crucial in determining the right messaging and priority spending across many segments of the electorate. Among the personalities with the highest media coverage on traditional media and posted on Facebook were Robredo followed by Pacquiao and Moreno. Moreno also ranked highest in the ability to engage social media influencers to promote ideas that could generate interest and potential votes, followed by Robredo, Go, Pacquiao, Duterte-Carpio, Marcos, Remula, Hontiveros, Sotto, Poe, Cayetano, Diokno, Torres-Gomez, Cayetano, Ang and Villar. Torres-Gomez, Ang, Remulla and Hontiveros ranked highest in the list of candidates with the most growth potential on social media. These personalities have a small number of followers and influencers but indicate good potential. n


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Lawyers demand action over rise in attacks on colleagues by Franco Luna Philstar.com

MANILA — Legal practitioners on Tuesday demanded that the Supreme Court act on the rise in killings of lawyers in recent years, citing the adverse impacts of the attacks against the legal profession and on the independence of lawyers. “The continuing, increasing and more brazen killings on Filipino lawyers and judges have been going for many years now but we noticed a sharp increase since President Rodrigo Duterte came to office in 2016 and has made the legal profession one of the most dangerous careers in the country,” over 70 signatories said in a letter addressed to Chief Justice Diosdado Peralta. “When lawyers, judges, prosecutors, and workers in the justice sector are murdered with impunity and alarming regularity, no one feels safe, our people lose trust and faith in our government and its justice system, and the unscrupulous are emboldened to take the law in their criminal hands,” the Integrated Bar of the Philippines also wrote in a separate letter sent to Vice President Leni Robredo and to Executive Secretary Salvador Medialdea. In their letter to the high court, the lawyers called for “a thor-

ough, prompt, impartial, and independent investigation into all the killings of lawyers,” a dialogue between the SC and state security forces, and accountability for the victims of extrajudicial killings and of violence against lawyers and judges. The past two months have seen a string of killings of lawyers Joey Luis Wee and Baby Maria Concepcion LanderoOlealso in Cebu and of Eric Jay Magcamit in Palawan. Manila Regional Trial Court Judge Maria Teresa Abadilla was reportedly shot dead by her clerk of court who then killed himself. On Monday evening, the National Bureau of Investigation announced that a body found in Tarlac in October was that of retired Court of Appeals Justice Normandie Pizarro who had been reported missing that month. Government mandated to protect lawyers An earlier report by the human rights office of the United Nations noted in July this year that many in the legal field in the country have been killed, with others have faced threats and most of the cases have remained unresolved. That same month, the chief inquest prosecutor of Manila City was shot dead by unidentified men in broad daylight. They all join the list of now

more than 50 individuals in the legal profession who were murdered in recent years. “We would like to reiterate that under the United Nations Basic Principles on the Role of Lawyers, governments are mandated to ensure that lawyers are able to perform their profession without intimidation, hindrance, harassment or improper interference,” the letter, whose signatories include Bayan Muna chairperson Neri Colmenares, lawyer Tony La Viña, former dean of the Ateneo School of Government, and former Supreme Court spokesperson Ted Te, also reads. IBP national president Domingo Cayosa also said in a separate statement that “the unabated killing of lawyers, too often with impunity, is a sad reflection of the spiraling violence and disregard of, if not contempt for the rule of law in our land.” “As we recognize our responsibilities and limitations, we seek concerted action on the part of our leaders in the executive, legislative and judicial branches of government, many of whom are fellow lawyers,” he also said. Cayosa also pointed to the killing in daylight of a mother and son in Paniqui, Tarlac at the hands of an off-duty police officer, which drew mass outrage in social media on Monday. n

Lawyers submit a letter to the Supreme Court on Tuesday, December 22 urging action on the killings of lawyers. Photo courtesy of National Union of People’s Lawyers

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LifestyLe Consumer Guide Community marketpLaCe

NVC erroneously sending notices to Filipinos on visa availability Immigration Corner Atty. MichAel Gurfinkel, eSQ DEAR Attorney Gurfinkel: I was born in the Philippines, and in 2015 my mother petitioned me in the F-2B category (unmarried adult child of immigrant). Recently, I received a “Notice of Immigrant Visa Case Creation” from the National Visa Center (NVC), advising I need to log on to the consular electronic application center (CEAC) and start paying fees and submitting documents. It further states that unless I do so within one year, they could terminate my case. When I checked the Visa Bulletin, I see they are only processing F-2B priority dates from 2011. Does this mean the

NVC is willing to accept and process my case years ahead of time? What should I do? Very truly yours AG Dear AG: I have had several Filipinos come to my office recently with the same issue: their priority date is not yet current, yet the NVC is already sending notices to them to begin processing their immigrant visa and advising that their failure to do so within one year could result in their case being terminated or shredded. While I don’t know the actual reason for this, in my opinion, it may be that someone working at the National Visa Center is making a mistake, by not focusing on the fact that you were born in the Philippines and are therefore subject to the priority dates for the Philippines. Instead, they perhaps mistakenly assumed you were born outside the Philippines,

where priority dates are “current”. (So you know, a person’s priority date is based on their country of birth). For example, right now, NVC would be sending these notices to begin visa processing to Filipinos who have priority dates earlier than April 2012. However, for the rest of the world, they would send these notices to those who have priority dates earlier than May 2016. Therefore, if you were born outside the Philippines (or Mexico, which is also backlogged), you would already be eligible to begin processing your immigrant visa if you have a 2015 priority date. However, if you are from the Philippines, you still have several years to go before your 2015 priority date becomes current. This creates problems for Filipinos. First, many get excited, thinking they are now PAGE B2

“Citizen Pinoy” answers questions from KaPamilya in the PhiliPPines and in California on an enCore ePisode this sunday. leading u.s. immigration attorney michael J. Gurfinkel (left) renews his commitment and public service of bringing families together by providing relevant immigration information to Kapamilya. hildi from taguig, metro manila in the Philippines (top right) asks about the 1997 petition of her father, who died in 2017. the petition finally became current in 2019 and she wonders if there is still hope for her and her adult children to come to america? Jon from riverside, California (bottom right) is a dual citizen who just returned to the u.s. after spending nine years in the Philippines. he was able to bring his four-year old daughter to the u.s., as she was considered a u.s. citizen at birth. Jon wants to know the fastest way to bring his daughter’s mother to the u.s.: via a fiancée visa or should he marry her first and then petition her as his wife? these questions and more will be answered by atty. Gurfinkel on the “Parol” (Christmas lantern) encore episode of — Citizen Pinoy: your tanong, my sagot this sunday at 1:30 pm Pst/est (4:30 pm est thru select Cable/satellite providers). (advertising supplement)

Maine, Arjo celebrate 2nd anniversary and Atayde simply captioned, “happy second.” Inquirer.net A lt hough it was not d i sJ US T a few yea r s ago, a closed if it was recently taken, then-teenaged Maine Mendoza the photo shows the two with called Arjo Atayde a “cutie” on smiles on their faces as they Twitter. Fast forward to 2020 chilled at a beach. and the two stars are marking Atayde likewise took to Inanniversaries together. stagram to mark their special To mark their second year day by sharing a wacky photo as a couple on Monday, Dec. of them also at the beach. 21, Mendoza took to I nsta“I love you more than you Photo from instagramPhoto from instagram/@mainedcm gram to share a photo of her could possibly imagine. Happy by Ian

maine mendoza and arjo atayde

BIong

2nd A nniversar y bubs!” t he doting boyfriend said. Mendoz a a nd At ayde r e vealed that they were “exclusively dating” in January last year, back when speculations were being made about their relationship. It is as if they were destined to be together: Mendoza made the famous “Arjo cutie” tweet back i n 2013 — wh ich has been dug out several times by

fans, who claim that Mendoza “manifested” being Atayde’s lover. T he said t weet was made by Mendoza, who rose to fame over her Dubsmash v ideos, e v en b e fo r e s h e o f f i c i a l l y bec a me a pa r t of G M A 7 ’s “Eat Bulaga.” She took on the persona of Yaya Dub back then and was partnered with actor Alden Richards, creating the famous Aldub tandem.


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EntErtainmEnt

Acclaimed Fil-Am drama ‘Yellow Rose’ now available to watch on demand

IT didn’t feel like Christmas last Friday with all the depressing news we heard about the pandemic. The headlines blared with the high death toll, the continuous rise of infections, and many of us quarantining. But it’s the Christmas Season! We’re celebrating the birth of our Messiah, Jesus Christ, the Son of God! The Gospel on Christmas morning (John 1:1-8) summed up Incarnation’s message—the Word Made Flesh. The Messiah was the Word, who was with God from the beginning. “All things came to be through him, and without him nothing came to be. What came to be through him was life, and this life was the light of the human race; the light shines in the darkness, and the darkness has not overcome it!” How true are these words from John’s Gospel! Amid the darkness of the pandemic — the hundreds of thousands of people who died from the horrible virus and those who “Yellow Rose” starring Eva Noblezada, Lea Salonga and Princess Punzalan is now available on are suffering from it — we still can proclaim that Jesus Christ various video-on-demand platforms. Award – Best Narrative Feature at the Asian American International Film Festival, and the Grand Jury Prize – Best Narrative Feature and Best Breakout Performance for Eva Noblezada at the Los Angeles Asian Pacific Film Festival. It made its theatrical release on October 9 of this year after being acquired by Sony Pictures World-

wide Acquisitions. You can buy or rent “Yellow Rose” on iTunes, Amazon Prime, Google Play, Vudu, and FandangoNOW. It is not yet available on online streaming platforms such as Netflix or Hulu. The film will be available on Blu-ray and DVD on January 5, 2021.

Xander Ford behind bars for Violence Against Women case

ex-girlfriend. Law enforcers served the warrant of arrest on Xander (real INTERNET personality Xan- name Marlou Arizala) at a Pader Ford has been detained at say City restaurant on Tuesday a facility of the Manila Police evening for violation of Republic District Station 2 police com- Act 9262 or the Violence Against munity precinct following his Women and their Children Act arrest over a violence against of 2004. The former Hasht5 member’s women complaint filed by his By Ratziel

San Juan Philstar.com

Pastor’s Notes ReveRend Rodel G. BalaGtas

By aJPReSS

FILIPINO American musical drama “Yellow Rose” is now available to purchase or rent as video-on-demand (VOD) on several platforms. “Yellow Rose,” directed Filipina American Diane Paragas, is a story about an undocumented Filipina teenager named Rose (Eva Noblezada) from a small Texas town who fights to pursue her dreams as a country music performer while facing the threat of deportation. Tony Award nominee Nobelzada (“Hadestown,” “Miss Saigon”) makes her feature film debut alongside Tony Award Winner Lea Salonga (“Once on this Island,” “Miss Saigon”), Princess Punzalan (“Mula Sa Puso”), Dale Watson (“Friday Night Lights”), Gustavo Gomez (“The Walking Dead”), Libby Villari (“Boyhood”), and Liam Booth (“Ghosts Never Sleep”). “’Yellow Rose’ has been a labor of passion for over 15 years and I’m thrilled that we can now share this very relevant story with the world,” Paragas said in a previous interview with the Asian Journal. “We have the added honor of representing the real experiences of Filipino Americans, Asian Americans, and all immigrants seeking a better life in America.” The film also features original songs developed for the film, written and composed by Watson, Paragas, Noblezada, and Thia Megia. The soundtrack is available on music streaming platforms. In 2019, “Yellow Rose” bagged 13 film festival jury and audience awards, including the Special Jury

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camp aims to post bail set at P18,000 for his temporary freedom. The Philippine Commission on Women considers violence against women a pervasive social problem in the Philippines, with one on every four women in the Philippines having exPAGE B4

Next to hope

is the light! Personally, Jesus has been my light in this time of darkness, along with his mother, Mary, who stands beside him. Jesus and Mary give me comfort to overcome any pain and grief, look at death, sickness, and suffering from eyes of faith that there is hope beyond all these sorrows. I know that it is not easy to hope, significantly when a loved one suffers or dies. Still, next to hope is the spirit of surrender to God: the abandonment of our cares and distresses to him. Next to hope is our stronghold to the mysteries of life and God’s plan. There are things beyond our control. There are actions and movements of the hearts and minds that we do not fully comprehend. We trust that they are from God. Like the Holy Family, we journey through life with all its rough and crooked roads from the beginning and end of our earthly life. Next to hope is our heroic love for God and one’s neighbor, brother, sister, child, parent, or friend. We’ll do everything for God who has first loved us. And we’ll sacrifice for those we love and anyone whose life is in danger. If there is one thing we learned from this pandemic, it is the fact that we are

all human beings in need of solidarity and care. We cannot be thinking merely about ourselves or just be thinking locally. We need to think globally: the common good of all people on earth. And a big part of it is sacrificing our wants for the sake of all. So, selfishness does not have a place in the world if we have to incarnate the Word in our family, work, government, communities, and churches. The world in peril urges us to be kind to one another, to have mutual respect and understanding. It cries for peace, for the end of greed, violence, corruption, and hatred. It calls for truth and justice. Let’s face this New Year with a robust hope in Jesus that he ends this pandemic and heal those who are critically ill. Let’s celebrate the New Year with the courage to overcome any grief and heartbrokenness. Merry Christmas and Happy New Year! *** 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.

NVC erroneously sending notices... PAGE B3 eligible to be processed for their immigrant visa, even though, in reality, they still have several more years to wait. Second, even though the NVC has clearly made a mistake in sending out these notices prematurely, they could then add insult to injury by terminating the case unless you respond within one year. I would suggest you notify the NVC IN WRITING, such as by email, that you were born in the Philippines and your priority date is not yet current, and that they should classify you in the proper visa category for the Philippines and not terminate your case. Make sure you save copies of your correspondence to them and their acknowledgment, just in case they go ahead and terminate the case by mistake.

I also hope someone at the NVC becomes aware of this problem and notifies either their employees or contractors that the Philippines is years behind the rest of the world in terms of the waiting time for various family petitions. If this situation applies to you, you may want to consult with an attorney who can make sure your case is properly classified and protected against erroneous termination and shredding by the NVC. *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different, and

results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader. WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelLaw, Twitter @GurfinkelLaw and YouTube: US Immigration TV Call Toll free to schedule a consultation for anywhere in the US: 1-866-487-3465 (866) – GURFINKEL Four offices to serve you: LOS ANGELES ∙ SAN FRANCISCO ∙ NEW YORK ∙ PHILIPPINES (Advertising Supplement)


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Xander Ford behind bars for... PAGE B3 perienced physical, emotional or sexual violence by their husband or partner based on 2017 Philippine Statistical Authority survey data. PCW said violence against women is linked to inequal power relations between men and women. “Societal norms and traditions dictate people to think that men are the leaders, pursuers, and providers, and take on the dominant roles in society while women are the nurturers, men’s companions and supporters, and take on the subordinate roles in society. This perception leads men to gain more power over women. Hence, VAW becomes a form of men’s expression of control over women to retain power,â€? it said. VAW is not limited to phsyical violence and RA 9262 considers the following as forms of violence and abuse: • Sexual violence or the act that is sexual in nature, committed against a woman or her child • Psychological violence or

EMPLOYMENT

Xander Ford Philstar.com photo by Miguel De Guzman

the act or omission that causes or likely to cause mental or emotional suffering of the victim • Economic abuse or the act that makes or attempts to make a woman financially dependent Xander’s management, Star Image, said that they will assist their representative, but are by no means tolerating his alleged actions. “Natuloy ‘yung kaso sa kanya

(Xander) nung ex-girlfriend niya. Ngayon gusto ko pong sabihin sa inyo na bilang management, pupuntahan po namin siya pero we are not tolerating him kung talagang meron siyang maling ginawa at pagkamamali, after ng hearing sa korte, then he needs to face the consequence or consequences ng action na ginawa niya,� Star Image Artist Management general manager David Cabawatan said in an official video statement. “Pero ngayon since hindi pa nalilitis o hindi pa siya nagsisimula yung hearing sa judge, so may karapatan pa siya magpiyansa.� Xander has since asked for his ex-girlfriend’s forgiveness while claiming his own innocence. “Wala naman akong ginawang masama sa kanya, pero humihingi na lang po ako ng tawad sa kanya. Magpapakababa na lang po ako. sana mapatawad mo ako,� the suspect said. “Sana maawa ka sa akin kasi magpa-Pasko tapos ganito ‘yung mangyayari sa pamilya ko, sa mama ko. Ako lang ‘yung inaasahan ng pamilya ko.�

EMPLOYMENT

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To people who are considering bankruptcy but are unsure

IF you are struggling with debt problems and are starting to feel hopeless about your situation because you are not getting anywhere in spite of your efforts, at what point do you consider filing bankruptcy as an option? Bankruptcy scares a lot of people, and that’s understandable because everything that they’ve heard about it from friends, family and co-workers is negative. But is bankruptcy really all that bad? Well, the truth is that most people don’t even understand it. The law says that bankruptcy is nothing more than a fresh financial start when you are no longer able to help yourself. Of course, this is not what the bill collectors want you to think. They want you to think that this is the ‘worst’ thing that you can ever do and that it will ruin your chances of ever buying a house or getting credit again. These are the lies that they want you to believe because they know that once you file bankruptcy, they can no lon-

Minding Your Finances Atty. RAymond BulAon ger get any of your money. From a legal standpoint, here are a few helpful questions you should be asking to help you assess whether it’s time for you to consider filing for bankruptcy: (1) Are you struggling to pay even the minimum payments on your credit cards? (2) Have you started borrowing money just to be able to cover your basic living expenses such as rent or mortgage, food, gas, etc? (3) Have you lost track of how much you owe? (4) Are bill collectors calling you because you have accounts in collection? (5) Have creditors taken legal action against you such as filing a lawsuit, obtained a judgment and threatening to

garnish your wages or levy your bank account? If you said “yes� to any or most of the above, you could be in a financial danger zone and I suggest that you take immediate action before your situation gets worse. If you own a home and have assets that may be at risk if you were sued by your creditors, it is in your best interest to find out how you can protect what you have from creditors who are trying to collect from you. A lawsuit can lead to a judgment against you- and it can attach as a lien to your home which makes the debt secured while also earning interest. The lien may stop you from refinancing your mortgage and could be a hindrance in trying to sell your home unless the underlying debt is paid in full. A judgment can also be enforced by garnishing your wages and attaching your bank accounts. This is not what you want, is it? So why wait for the worst to happen if there is PAGE B6

EMPLOYMENT

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PSYCHIC


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Relief for alien victims of criminal activities

ng mga ilang krimen dahil ang mga biktima ay naglakas-loob na iulat ang krimen, tumestigo tungkol dito, at tumulong sa imbestigasyon at pag-uusig ng kaso. Kapag naaprubahan ang U nonimmigrant status, ang dayuhang biktima ay maaarAtty. rheA sAmson ing manatili sa US ng 4 na taon bila U nonmmigrant, kasama ANG U classification ay nag- ang kanilang derivative fambibigay ng nonimmigrant sta- ily members. Pagkatapos ng 3 tus sa mga dayuhang biktima taon bilang U nonimmigrant, ng “qualifying criminal activ- maaari na siyang mag-apply ng ity.” Noong naging batas ang green card. Victims of Trafficking and VioAng dayuhan ay eligible para lence Prevention Act of 2000 na sa U nonimmigrant status kung siyang naglikha ng U nonimmi- maipapakita niya lahat ng sugrant status, ang layunin nito ay musunod: (1) Ang dayuhan ay protektahan ang mga biktima nagdusa ng malaking pisikal

Tapat Sa Batas

o mental na pang-aabuso dahil siya ay naging biktima ng “qualifying criminal activity.” Ang malaking pang-aabuso ay maaaring madetermina ayon sa katangian ng pinsalang naranasan ng dayuhan; bigat ng kilos ng may kasalanan; kalubhaan ng pinsalang naranasan; at tagal ng pagbibigay-hirap sa biktima. Susuriin din kung may pangmatagalan o malubhang pinsala sa hitsura, kalusugan, o pisikal o mental na katinuan ng biktima, kasama na ang pagpapalubha ng kanyang pre-existing conditions; (2) Ang dayuhan ay may pinanghahawakang kapani-paniwala PAGE B6

Unusual Christmas this week Debt Relief

Atty. LAwrence yAng FridAy marked Christmas day as the the whole Christian world celebrated the birth of our Lord and Savior, Jesus Christ, 2020 years ago. Christians also celebrate the fact that God the Father, yahweh, “i am who am,” who preceded all creation and who created everything chose a mere human, the Blessed Mother Mary, to be the mother of Jesus. We cannot really understand completely why this is so. i don’t care how many Ph.d.’s you have in theology. i understand the explanation that God is love, and He so loved man, his creation, that He sent His only and beloved Son, to die for our sins, to redeem us from the consequences of sin, so that we can enter heaven and spend the rest of eternity with Him in paradise. This is our basic Christian faith. And we celebrate the birth of Jesus, the one and only beloved Son of the one and only true Almighty God, Creator of the Universe and everything in it, visible and invisible. We thank Jesus for agreeing to be born a human for us; after all He is God too. Jesus did not have to die for us but again, He agreed with God the Father, that it was only through this way, that He be born as a human, then sacrifice his life as a human in suffering and death at the age of 33, thus completing the required act of God ‘s redemption of the human race from the consequences of sin. But since Jesus was 100% divine, and 100% human, He resurrected on the third day after his death on the cross in Golgotha. i try to apply the principles of contract law to the foregoing. But since contract law is

man made, it’s just not possible. if we were to provide an analogy, it would be like this. you are the judge. The defendant and accused before you killed another man and is charged with murder. All the evidence proves beyond a reasonable doubt that the accused killed the victim with malice aforethought in cold blood because he stole his wife from him. He caught his wife with the accused in the act, went to get his shotgun in the garage. When he came back to the bedroom, the lover had escaped into the night. After a week, accused finds out the identity and address of the victim. He plots for a month to run him over with his hummer SUV while he jogs. At last after two months, accused spots him crossing the pedestrian lane, revs up his hummer and runs the victim over at 60 m/hr. Victim dies after 3 days in the iCU. The jury has no problem convicting him of premeditated murder. Then you as the Judge, you feel so bad for the accused that you ask your only beloved son, who is 33 years old, a Nobel-prize winner in medicine for discovering the cure for all kinds of cancer, to exchange his life for the life of the accused. your son will take the place of the accused on the electric chair. Then your son, your one and only beloved son, completely agrees with you and submits willingly to your request for him to die for the accused. i mean, can you even begin comprehend something like this? i don’t think so. i can’t understand it. i have a son. i would never do this or ask this of him. i may die for him, yes, that’s quite easy to do. i can die for my wife, that’s quite easy to do too. But ask him to die for another; that is just incomprehensible. And the complication is Jesus is also 100% God, and as such cannot be killed or die. So the only way to make this work is Jesus has to agree to become 100% man so he can

suffer physically and die. Pain and suffering and death are human experience because our ancestors, Adam and Eve, blew it. There was no sickness or death in paradise before they ate of the forbidden fruit. Their bodies were not subject to illness or disease. Co-vid, who cares, can’t touch me, Adam and Eve would say before they fell from grace. Now we’ve got these human bodies that can so easily get sick and die. Only two humans did not die, after Adam and Eve’s fall. Enoch and Elijah did not physically die. God took them PAGE B6

LA WEEKEND ASIAN JOURNAL • DECEMBER 26-29, 2020

Barrister’s Corner Atty. Kenneth UrsUA reyes THiS is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. domicile is where a person lives and intends to remain. However, there is an additional requirement if you are seeking a divorce rather than annulment or legal separation. To obtain a divorce in California, one of the parties must have been a resident of California for six months immediately before the filing of the divorce petition. responding spouses can use this requirement as a defense if the Petitioning spouse does not meet such requirement when the petitioner filed for divorce. in addition, divorce petitions may be filed in the county where at least one spouse resided for 3 months immediately prior to filing the petition. Now apart from getting a divorce, legal separation, or annulled status, there may be issues relating to distributing community and separate properties between the spouses and awarding support payments. in order for the California Courts to have the power to make orders, the California Courts must have personal jurisdiction over the respondent. Personal jurisdiction means the

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California court’s power to make divorce orders when one spouse does not live in California

respondent has minimum contacts with California even if not physically here. Some of the factors looked at is respondents presence in the state, domicile, residence, citizenship, consent, appearance in the action, doing business in the state, doing an act that causes an effect in the state, ownership in the state, other relationship to the state. if the respondent does not have minimum contact with California, respondent may challenge any orders relating to distribution of property and support based on the court’s lack of jurisdiction. With regards to initial child custody issues, these issues are resolved under the Uniform Child Custody Jurisdiction and Enforcement Act. California Courts have the power to make initial custody orders if it is the child’s home state at the time the action was filed. California may also assume power to make custody orders if California has been the child’s home state within six months before the action was filed, the child is absent form California, and a parent continues to live in California. California may also exercise jurisdiction when no other state is the child’s home state or when all court’s having jurisdiction over the child has declined to act and deferred to California

as the more appropriate place to make custody orders. California may also exercise jurisdiction if no other state would have jurisdiction over the child. *** Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, APLC. This article is not a solicitation. *** Attorney Kenneth Ursua Reyes is a Board Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APLC is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@kenreyeslaw.com or visit our website at Kenreyeslaw.com (Advertising Supplement)


B DECEMBER 26-29, 2020 • LA WEEKEND ASIAN JOURNAL

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Rounding down or shaving work hours may entitle employees back wages Protecting Employee & Consumer Rights Atty. C. Joe SAyAS, Jr. LUCAS Mejia was a stocker for Walgreens, a nationwide pharmacy retail store chain. He and many other employees worked as hourly non-exempt employees in a Walgreens distribution center in California. Mejia filed a class action lawsuit against his employer on behalf of himself and his coworkers, claiming that Walgreens violated several California laws by failing to pay him and other employees for all hours worked. Walgreens had a practice of rounding down the employees’ hours on their timecards. Employees were also required to pass through security checks before and after their shift but the time they spent doing this were not paid. Employees were also not provided meal periods and were not paid premium wages for the missed meal periods. Under California law, employees must be paid no less than the minimum wage for all hours worked. When an employee’s time card entries reflect that an employee is on the job a few minutes more than the standard shift time, questions arise as to computation of the work hours. Fed-

eral law allows the practice of “rounding” employee’s hours for purposes of calculating the number of hours worked. Following the de minimis doctrine, any insubstantial and insignificant periods of time beyond the scheduled working hours which cannot as a practical administrative matter be precisely recorded for payroll purposes (for example 5 minutes of going through a bag check) may be disregarded. Such time may be rounded out to the nearest 5 minutes of the employee’s start or end time. However, California law mandates that employees should be paid “for all hours worked.” Hours worked means “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” Related to the principle of compensating employees for all time worked, is the concern that small amounts of time that may, over the years, add up. Thus, courts may decide that the de minimis doctrine does not apply if employees regularly spend anywhere from 4 to10 minutes of their time each shift doing unpaid work. Rounding down or shaving minutes off the actual hours worked may therefore violate California law. In a rounding down practice where several minutes are disregarded and unpaid, the loss to the employee may add up. For example, an employee who

To people who are... PAGE B4 something you can do right now to prevent all of the above from happening. Never ignore your debts because they could come back and haunt you when you least expect them. I’ve seen this happen many, many times. At the very least, you should consult with an experienced attorney so you can plan in advance what you should do if your financial situation gets worse. I believe that bankruptcy should be a last resort and that

you need to exhaust all debt relief options before resorting to it. But I also believe that a lot of people put off the decision to file bankruptcy for too long that they needlessly suffer in debt when they could have acted sooner to rebuild their finances and their life. Since 1997, I have helped thousands of clients get out of debt to live more financially secure lives. Let me help you determine if bankruptcy is right for your situation or if oth-

clocks in an extra 5 minutes per day, 5 days a week, every week for 4 years has clocked in 5,200 minutes (or 86.67 hours) of unpaid time, which when paid at the California minimum wage of $12 per hour, entitles the employee to back wages in the amount of $1,040. This is not de minimis. As the high court once said, this is enough to pay a utility bill, buy weeks of groceries, or cover bus fares. Though an extra couple of minutes here and there that are beyond the work hours may be unavoidable and can be disregarded, major discrepancies should be investigated since they raise doubts on the accuracy of the records of actual hours worked. Rather than proceed to trial, the employees of Walgreens agreed to settle the case. Walgreens will pay the class of employees $4,500,000 in damages. *** The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www. joesayaslaw.com. [C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.] (Advertising Supplement) er options are available for you to avoid it. *** 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 1-866477-7772 (Advertising Supplement)

Maximizing recovery in personal injury cases

DEAR Attorney Tan, I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my back seemed very tight and stiff. I took some days off from work. After a week, I contacted the other driver’s insurance to report the claim. The insurance adjuster for the other driver said they would fix my car, and offered me $500.00 for my injuries. Is that enough? I do not know where to go from here. –K.K. Dear K.K., The first step is to make sure that any injuries that you have suffered in the accident are examined and treated. You can recover treatment costs since they are considered “economic damages” that you suffered due to the accident. You can also recover for time away from work as “economic damages,” even if you used paid time off or sick leave. The term “economic damages” means “objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.” Civil Code Section 1431.2(b)(1). A person’s claim for economic damages apart from medical expenses are often overlooked and not pursued by persons who settle their accident cases on their own, or with the assistance of inexperienced coun-

Legal Advice Atty. DArriCk tAn sel. Loss of earnings are often a significant part of an injured person’s claim for economic damages. Damages are recoverable for both past and future lost earnings. To recover for past lost earnings, a person must prove the amount of income or earnings that he/she has lost to date. To recover damages for future earnings, a person must prove the amount of income or earnings that he/she will be reasonably certain to lose in the future as a result of the injury. CACI No. 3903C. How are past lost earnings proven? Medical records, which show the doctor authorizing a release from work or giving instructions to restrict work activities, can support the time taken off from work due to the injury. For those self-employed, medical providers typically do not provide a release from work; however, medical records should record work restrictions placed by the medical provider. After showing that the time off was justified, the next step is to value the lost earnings. A letter from a person’s employer that outlines the amount of time that one has lost as a result of his/her injury, the loss of benefits, and the rate of pay during the time of loss is evi-

dence of the value of one’s loss of earnings claim. Other supporting documents include pay stubs, time cards, and tax returns. The monetary value of sick leave and vacation time that are used due to the injury are also recoverable. For those self-employed, earnings history as reflected by tax returns and profit and loss statements can help prove the value of lost earnings. Similar supporting documentation must be presented for future lost earnings. Apart from economic damages, you can recover “general damages,” which are damages for the pain, suffering, and inconvenience due to the accident. If you were suffered injury in an auto accident or someone’s premises, please contact our office to discuss your case. To maximize monetary recovery, it is important to have the assistance of an experienced attorney in presenting your personal injury claim. *** Darrick V. Tan, Esq. is admitted to practice law in California and Nevada. Mr. Tan is a graduate of UCLA and Southwestern University School of Law. He is a member of the Consumers Attorney Association of Los Angeles (CAALA) and American Immigration Lawyers Association (AILA). He is a former member of the Board of Governors of the Philippine American Bar Association (PABA). LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010. Tel: 323-639-0277. Email: info@dtanlaw.com (Advertising Supplement)

Unusual Christmas this week... PAGE B5 to heaven, straight to heaven while they were still alive at different times. Enoch was the first prophet, the seventh generation from Adam, who first proclaimed that God, Yahweh, is the only one true God. Yes, Adam & Eve’s descendants started creating their own Gods. They worshipped all sorts of stuff. Let’s not even talk about what they worshipped. I know this Christmas season has been subdued for all of us. We can’t have our normal family celebrations. We can’t even look forward to going to church to celebrate Christmas. But still, we can still celebrate in our hearts that God, Yahweh, so loved us, that He sent His only beloved Son, Jesus to become human & who wholeheartedly agreed, to live in the human world, to redeem

us from sin, and made possible through the acceptance of the Blessed Mother Mary to be the Mother of Jesus in this world. We have a chance to enter heaven for eternity, this one chance after being redeemed by Jesus Christ who was born 2020 years ago on Christmas day. This we celebrate with all our hearts! To all those who are depressed with all this doom and gloom, rejoice in your hearts that God, Jesus, and the Blessed Mother Mary, they all love you! To all those married couples who think they can’t survive as a couple because this pandemic was the last straw, just cool it, ok? If you love each other, just cool it and set your egos aside. Just get vaccinated and cool it. To all of you who can’t survive without using your credit cards, just max them out to survive this pandemic.

Come see me after, we’ll just wipe them out and give you a fresh start. Warm wishes of goodwill to all as we celebrate the birth of Jesus this Friday! If you have too much debt and need relief, please set an appointment to see me. I will analyze your case personally. *** DISCLAIMER: NONE OF THE FOREGOING IS CONSIDERED LEGAL ADVICE. EACH CASE IS DIFFERENT. *** Lawrence Bautista Yang specializes i n B a n k r u p t c y, B u s i n e s s , Re a l 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)

Relief for alien victims of... PAGE B5 at maasahang impormasyon tungkol sa “qualifying criminal activity” na pinagbabatayan ng kanyang U nonimmigrant status application. Ang biktima ay kailangang may nauukol na kaalaman tungkol sa criminal activity na magbigigay daan para madetermina ng certifying officer na ang dayuhan ay magbibigay ng tulong sa imbestigasyon at pag-uusig ng “qualifying criminal activity”; (3) Ang biktima ay tumutulong o nagiging matulungin sa certifying agency sa imbestigasyon o pag-uusig ng “qualifying criminal activity” na pinagbabatayan ng U petition, at noong magsimula ng kooperasyon sa biktima, hindi pa ito tumanggi na magbigay ng impormasyon; (4) Ang “qualifying criminal activity” ay nangyari sa US (kasama ang Indian country at US military installations) o sa mga teritoryo ng US, o may paglabag ng US federal law na nagbibigay ng extraterritorial jurisdiction para iusig ang krimen sa US federal court. Ang dayuhang biktima ay kailangan ding admissible sa US o eligible sa waiver of inadmissibility. Ang mga “qualifying criminal activity” ay kailangang isa sa 28 na krimen na nakalista sa Section 101(a)(15)(U)(iii) ng Immigration and Nationality Act (INA). Maaari rin na ang krimen ay kapareho ng isa o ilan sa 28 na krimeng nabanggit, na labag sa federal, state o local criminal law. The U classification affords nonimmigrant status to alien victims of qualifying criminal activity. When Congress created the U nonimmigrant status under the Victims of Trafficking and Violence Prevention Act of 2000, the intention was to protect victims of certain crimes

who have gathered the courage to come forward, report the crime, and assist in criminal investigation and prosecution. The U nonimmigrant status allows alien victims of crime to stay in the U.S. for up to four years if approved, apply for lawful permanent resident status after 3 years of U nonimmigrant status, and help derivative family members to obtain nonimmigrant status as well. An alien is eligible for U nonimmigrant status if he or she demonstrates all of the following: (1) The alien has suffered substantial physical or mental abuse as a result of being a victim of “qualifying criminal activity.” Whether the abuse is substantial is based on a number of factors, including but not limited to: the nature of the injury inflicted or suffered; the severity of the perpetrator’s conduct; the severity of the harm suffered; the duration of the infliction of the harm; and the extent to which there is a permanent or serious harm to the appearance, health, or physical or mental soundness of the victim, including aggravation of pre-existing conditions; (2) The alien possesses credible and reliable information establishing that he or she has knowledge of the details concerning the “qualifying criminal activity” upon which his or her petition is based. The alien must possess specific facts regarding the criminal activity leading a certifying officer to determine that petitioner has, is, or is likely to provide assistance to the investigation or prosecution of the “qualifying criminal activity;” (3) The alien has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of

the “qualifying criminal activity” upon which his or her petition is based, and since the initiation of the cooperation, has not refused or failed to provide information and assistance reasonably requested. This is shown by a certification from a federal, state or local law enforcement authority certifying the alien victim’s helpfulness; and (4) The “qualifying criminal activity” occurred in the U.S. (including Indian country and U.S. military installations) or in the territories and possessions of the U.S., or violated a U.S. federal law that provides for extraterritorial jurisdiction to prosecute the offense in a US federal court. The alien should also be admissible to the US or be eligible for waiver of inadmissibility. Qualifying criminal activity must involve one or more of the 28 types of crimes listed at Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (INA) or any “similar activity” in violation of federal, state or local criminal law. *** ATTY. RHEA SAMSON is the principal of SAMSON LAW FIRM, P.C. She has been a member of the State Bar of California for over 15 years and the Integrated Bar of the Philippines for over 20 years. Atty. Samson received her Legal Management degree from the Ateneo de Manila University and her Juris Doctor degree from the Ateneo Law School. She was a Professor for over 10 years, teaching Obligations and Contracts, Labor Laws and 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)


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LA WEEKEND ASIAN JOURNAL • DECEMBER 26-29, 2020

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B DECEMBER 26-29, 2020 • LA WEEKEND ASIAN JOURNAL

http://www.asianjournal.com • (818) 502-0651 • (213) 250-9797


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