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Hawaii Filipino Chronicle - February 18, 2012

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FeBruarY 18, 2012   haWaII FIlIpIno ChronICle  1

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19, 2012 2011 FEBRUARY 18,

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OPINION

HAWAII-FILIPINO NEWS

LEGAL NOTES

The Good ThaT Can Come From Corona’s ImpeaChmenT TrIal

VIllaruz eleCTed Isah presIdenT For 2012

reporTInG ImmIGraTIon-relaTed dIsCrImInaTIon

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2  haWaII FIlIpIno ChronICle  FeBruarY 18, 2012

EDITORIAL

Ending Corruption Once and For All?

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orruption has plagued the Philippines for so long that many Filipinos have resigned themselves to the notion that it will always be a part of everyday life. The seeds of corruption were planted as far back as the Spanish colonial times, when galleon ships smuggled goods into Manila from India, Southeast Asia and China. Officials were bribed to forego examination of goods to determine the amount of tax to be paid. The result was nothing less than widespread official corruption. From then to modern times, corruption has scourged the nation. It has undermined development, hurt the poor, diminished the quality of public services and raised the price of goods and services. Past presidents have attempted to weed out graft and corruption but were largely unsuccessful. Most recent efforts have been undertaken by President Benigno S. Aquino III. Much like his mother, Cory Aquino, who pursued graft and corruption against the Marcos regime, PNoy is leading the investigation into the alleged wheeling-and-dealings of his predecessor Gloria Macapagal-Arroyo, her husband and other officials of her inner circle. While much attention is focused on high level corruption involving generals, politicians and businessmen, the problem is just as pervasive on the street where every day men and women bribe officers to overlook traffic violations. Such petty corruption must stop. Doing so is one way to start slowly turning things around. The difference between corruption in the Philippines compared to the U.S. is that the risks are greater here in America. Could that be the answer for the Philippines—to create a system that makes corruption so high-risk that it will deter most people? The system should make it easy for its citizens to pay taxes, dues and fines with much less hassle…a system that makes corruption high risk, yet makes things less bureaucratic and easier for its citizens. That should be the collective long-term dream for the Philippines. For the short term, we can only hope and pray that the Filipino people will continue to support PNoy and his administration. Their efforts are the best and most sustained attempt to date at rooting out corruption. The truth is, there is no easy solution on ending corruption. It will certainly require more than the efforts of one man— it will take the collective will of the Filipino people.

$25 Billion Settlement Is Too Small; Big Banks Can Afford To Do More

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n the 1990s, the U.S. government reached a $250 billion settlement with the tobacco industry to help pay for Medicaid losses due to tobacco-related illnesses and to fund anti-smoking campaigns. Just this month in a similar government-led lawsuit brought against the banking industry for abuses in foreclosure proceedings, the case was settled for a measly $25 billion. Considering how much richer the banking industry is to the tobacco industry, and when taking into account the damage banks have caused through predatory, subprime lending in the past decade, the $25 billion had better be just a starting point. A one-time payment of $25 billion to make good on wild west financing that ruined the lives of millions cannot be a sudden free pass to upright standing. Taking numbers into perspective, the banks together took in $317 billion in revenues last year alone. Imagine how much more these banks have already profited from placing mortgages into toxic derivatives that led to the global financial mire in the first place. Investors know that this settlement is a slap on the wrist. Wall Street’s reaction to the settlement caused barely a ripple with the stocks of those banks involved closing steadily or up by a percent or two.

FROM THE PUBLISHER

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elcome to our latest edition of the Hawaii Filipino Chronicle! This past week was a downer for millions of fans of pop superstar Whitney Houston whose death came as a complete shock. She was idolized by many Filipinos for her beautiful voice and singing abilities. Her untimely passing should be a reminder to those who are struggling with substance abuse or involved in an abuse relationship to seek help. We mourn her loss and pray for her family. In our last issue, we reported on the trial for the Philippines’ Chief Justice Renato Corona, the country’s top lawyer, who is facing impeachment on charges of corruption before a court composed of Philippine senators. We have provided an update and interesting viewpoint of this landmark trial in a column on page 3 entitled “The Good That Can Come From Corona’s Impeachment Trial.” In conjunction, our cover story for this issue is written by Dr. Belinda Aquino, who discusses graft and corruption in the Philippines, its history and stranglehold on the country and what can be done to address this problem. We hope you will enjoy reading her story, which begins on page 4. Speaking of the Philippines, members of the Filipino Chamber of Commerce of Hawaii are currently in the Philippines for their 22nd Annual Trade Mission. The goal of the trade mission is to promote Honolulu and encourage investment, tourism and cultural exchanges. Accompanying the FCCH is Honolulu Mayor Peter Carlisle, who is meeting with officials and business leaders in Honolulu’s five Philippine sister cities—Baguio, Cebu, Laoag, Manila and Vigan. Best wishes to the FCCH for a successful mission and safe return trip! Before ending, I’d like to once again thank our readers once again for their support. As always, we encourage you to provide feedback, story ideas, tips or concerns via an email at: filipinochronicle@gmail.com. We’d love to hear from you! Until next time… aloha and mabuhay!

Publisher & Executive Editor Charlie Y. Sonido, M.D. Publisher & Managing Editor Chona A. Montesines-Sonido Associate Editors Dennis Galolo Edwin Quinabo Creative Designer Junggoi Peralta Design Consultant Randall Shiroma Photography Tim Llena Administrative Assistant Shalimar Pagulayan Columnists Carlota Ader Carlo Cadiz, M.D. Sen. Will Espero Grace F. Fong, Ed.D Ruth Elynia Mabanglo, Ph.D. J.P. Orias Pacita Saludes Reuben S. Seguritan, Esq. Charlie Sonido, M.D. Emmanuel S. Tipon, Esq. Felino S. Tubera Sylvia Yuen, Ph.D. Contributing Writers Belinda Aquino, Ph.D. Clement Bautista Teresita Bernales, Ed.D Linda Dela Cruz Fiedes Doctor Danny De Gracia, II, MA Carolyn Weygan-Hildebrand Amelia Jacang, M.D. Caroline Julian Maita Milallos Paul Melvin Palalay, M.D. Glenn Wakai Amado Yoro Philippine Correspondent Greg Garcia Big Island Distributor Grace Larson Ditas Udani

Who Benefits and How? An estimated 4 million American families have already lost their homes to foreclosure since 2007. According to RealtyTrac, another 2 million homes will be lost to foreclosure this year. Teetering on the high-wire, roughly 12.6 million homeowners have outstanding residential mortgages that are deemed “underwater,” meaning homeowners owe more to the bank than what the house is worth. Many of these homeowners with poor financing just might end up in foreclosure in the future. (continued on page 3)

LETTERS KUDOS ON MEDICAL MISSION ARTICLE Thank you for the informative article “Reflections on 2011 Davao, Payats and Ilocos Sur Medical Mission” by Teresita Bernales, Ed.D. At a time when the media all too often prints negative news, you treated readers to a positive piece on the Ohana Medical Mission. The article was quite descriptive and very detailed which gave HFC readers quality information that addressed the mission and purpose of the OMM. Reading about the many volunteers sharing their time, talents and resources to treat those in need was inspiring. Maraming salamat to OMM for spreading God’s aloha by serving the needy in the Philippines, as well as to HFC and Teresita Bernales, Ed.D. for sharing some good news!

noemi pendleton Kailua

Maui Distributor Cecile Piros Molokai Distributor Maria Watanabe Advertising/Marketing Director Chona A. Montesines-Sonido Account Executives Carlota Ader J.P. Orias The Hawaii Filipino Chronicle is published weekly by The Hawaii Filipino Chronicle Inc. It is mailed directly to subscribers and distributed at various outlets around Oahu and the neighbor islands. Editorial and advertising deadlines are three weeks prior to publication date. Subscriptions are available at $75 per year for Oahu and the neighbor islands, continental U.S. $80, foreign country $90. Copyright 2006-2012. The Hawaii Filipino Chronicle Inc. is located at 94-356 Waipahu Depot, Waipahu, HI 96797. Telephone (808) 678-8930 Facsimile (808) 6781829. E-mail filipinochronicle@gmail.com. Website: www.thefilipinochronicle.com. Opinions expressed by the columnists and contributors do not necessarily reflect those of the Hawaii Filipino Chronicle management. Reproduction of the contents in whole or in part is prohibited without written permission from the management. All rights reserved. Printed in the U.S.A. www.thefilipinochronicle.com www.efilipinochronicle.com


FeBruarY 18, 2012   haWaII FIlIpIno ChronICle  3

OPINION

The Good That Can Come From Corona’s Impeachment Trial NO LIMITATION By Ted Laguatan

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ever mind that the prosecution team appears sometimes like bumbling freshman Moot Court law students. Understandably, they are primarily not trial lawyers but congressmen instantly casted as prosecutors. Unlike the defense lawyers, trying cases is not their usual everyday fare. They cannot be faulted for not appearing like seasoned trial lawyers. They are not. Nonetheless, they have laid out adequate allegations, which are somewhat poorly drafted and rough in some spots, but if proven by competent evidence to be true — theoretically should result in a final order of impeachment against Chief Justice Renato Corona. However, the reality is that not all the Senator-Judges will

vote according to compelling evidence and logic — but according to personal philosophies, party lines, individual political agendas, moral or immoral incentives and intuition. This is the nature of the process. It’s somewhat similar to how jurors make decisions in US courts. There are other factors other than the available evidence that influence their decisions which more often than not result in true justice. In the old west, when a horse thief was caught redhanded, the saying was: “Let’s give the bastard a fair hearing before we hang him.” Nothing wrong with that. It’s not as if the judge or jurors are clueless about the case. They already know the facts. The fair hearing process is necessary because it is mandated by constitutional due process requirements. In like manner, even if Sen-

EDITORIAL (cont.) The scope of the recent $25 billion settlement will only affect approximately 1 million homeowners in foreclosure distress. Based on this estimate, it’s safe to say that this settlement will do little to strengthen the housing market. The settlement applies only to mortgages issued between 2008 and 2011, and to mortgages owned only by Bank of America, Citigroup, JP Morgan, Ally Financial or Wells Fargo. Government-controlled mortgages Fannie Mae and Freddie Mac will not be affected by the settlement. While limited in scope, the settlement does deserve some praise. The settlement will directly assist homeowners who are at risk but continue to make payments on time. Some $17 billion has been earmarked to help lower mortgage balances for people who are “underwater.” It will reduce each loan principal by about $20,000 and provide much needed debt relief. But when looking at the numbers, there is about $700 billion total outstanding mortgage debt for properties deemed “underwater.” The average gap between what homeowners owe and what their properties are

(from page 2, $25 BILLION...)

worth is $50,000. So in reality, homeowners who qualify to be a part of the settlement still have to bridge a gap of about $30,000 or so. Another $3 billion of the settlement will help borrowers refinance their mortgages to lower rates; $1.5 billion is earmarked as restitution to those who have lost homes to foreclosure without proper paperwork or “robo-signing” (foreclosures earlier pushed through without proper review of paperwork). The remaining money will go toward various forms of financial relief to borrowers including forbearance of principal for unemployed borrowers, short sales and transitional assistance, benefits for service members who are forced to sell their home at a loss as a result of Permanent Change in Station order, and other programs.

What to Do? If you are in foreclosure distress or hold a property deemed “underwater” by any of the banks involved in the settlement, it’s imperative to contact your mortgage servicer to find out if you qualify for a principal reduction or refinance modification through the recent $26

ators Joker Arroyo or Franklin Drilon may appear at times to be leaning on the side of the defense or prosecution when they give their opinions or question witnesses; that’s acceptable. The accused is not deprived of due process and the other SenatorJudges and the public get to know more facts and viewpoints about the case. The important thing is to air out the truth. The defense team is led by 83 year old still sharp Serafin Cuevas and Eduardo de los Angeles. Cuevas, distinct in appearance with his truncated jet black doo — was appointed Associate Supreme Court Justice by the late dictator Ferdinand Marcos in June 1984 and resigned in April 1986 after Marcos fell. The staid scholarly De los Angeles was a former dean at Ateneo Law School. Technically, the defense team is composed of more experienced lawyers. That does not necessarily mean victory. Ironically, Cuevas’ strong point which is his obvious

technical knowledge of the rules on evidence — may in fact be his greatest weakness in this impeachment proceedings. In a Philippine regular court of law, Cuevas’ tactic of objecting to practically everything presented by the other side may sometimes be good strategy. It depends on the judge’s priorities. Is he (or she) more into legal technicalities or is he more interested in knowing the truth. Ideally, he should balance both but lean more towards the side of knowing the truth. The proceedings in this impeachment trial are more in the nature of a jury trial. Here in the U.S. where I practice, under the jury system, I have observed many lawyers employing Cuevas’ tactic often lose their cases. They try to keep every piece of evidence from being admitted — objecting to its relevance, its acquisition or some other technicality. They try to muzzle witnesses from speaking by not allowing them to finish their sen-

tences or getting them to admit to half-truths with yes or no answers. In their cleverness, unwittingly, they fail to sense that they are negatively impacting the jury in giving the impression that they want to suppress or distort the truth. As the case proceeds, the jury becomes increasingly irritated and angered by the repeated attempts to prevent them from seeing the evidence or listening to a witness. At the end of the trial, when the jury decides against their clients, they often do not even understand as to why this happened. They think they did a good lawyering job. In the Estrada impeachment trial, when the majority obviously proEstrada Senators voted not to open an envelope which might show Estrada’s guilt (or innocence) — the prosecution team walked out, the people went ballistics and Estrada got yanked out of Malacanang. The real jurors here are the

billion National Mortgage Settlement. Your servicer is the company to which you make your monthly mortgage payment. An administrator for this settlement will be chosen within 30-60 days. Eligible homeowners will be identified over the next six to nine months. Payments and other relief of the settlement will be made over a three-year period so borrowers may not get an immediate answer. It’s best to follow up periodically. Politically, President Barack Obama scored a small win in forcing some accountability by the banks through the National Mortgage Settlement. While the settlement is small, especially when considering they are mostly write-offs, at least it helps to lead us on the path in the right direction in getting more Americans secured in their mortgage financing. The settlement should also help to get the mortgage market back to functioning with increased activity. This settlement is far from a cure-all. Homeowners who made purchases during the real estate bubble and subsequent fallout should continue to exert political pressure on their elected officials to get banks to correct the foreclosure mess that banks started. There are tens of thou-

sands of responsible homeowners willing to re-modify their mortgage loans. It’s in all parties’ best interest that banks work with these homeowners because the option of receiving no-payment in a long, drawn out foreclosure process (1 to 3 years), will do nothing to help our economy grow and re-stabilize. We encourage other large banks not involved in this settlement to work with distressed homeowners on the brink of foreclosure.

The quicker our country and banks climb out of this foreclosure mess, the faster banks can once again be making healthy, responsible and secure loans. For more information, call the servicers at Bank of America: 877-488-7814; J.P. Morgan Chase: 866-372-6901; Citi: 866272-4749; GMAC/Ally Financial: 800-766-4622; or Wells Fargo: 800-288-3212. Please also contact your local branches for assistance.

(continued on page 8)


4  haWaII FIlIpIno ChronICle  FeBruarY 18, 2012

COVER STORY

Punishing Philippine Graft and Corruption By Belinda A. Aquino, Ph.D.

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f there is a consistent, long-standing factor responsible for giving the Philippines a “black eye image” in the international community over the years, it would be, without a doubt, corruption. The Philippines never fails to land on the top two or three on corruption index surveys of Transparency International and other watchdog institutions. Consequently, every incoming president makes it a priority to launch an aggressive and determined anti-corruption agenda that would wipe out this perpetual scourge on the Philippine political topography once and for all. Since Day One of his presidency in June 2010, President Benigno S. Aquino III (PNoy Aquino) has vowed to go after the corrupt, even going to the extent of linking it with yet another fundamental infirmity of the system—poverty—his slogan, “Kung walang korap, walang mahirap,” loosely translated “If there is no corruption, there is no poverty.” His Executive Order No. 1 created a Truth Commission to look into massive cases of graft and corruption committed from 2001 to 2010, a pointed reference to the long tenure of his predecessor, Glora Macapagal Arroyo (GMA), who became a member of the Philippine Congress after her presidency. Some

of the cases ostensibly to be investigated by the Truth Commission were the NBN-ZTE deal, Mega-Pacific, 2007 election fraud and other scandals during the GMA administration. To underscore the seriousness of his anti-corruption campaign, PNoy and his legal team went after Ombudsman Merceditas Gutierrez and called for her impeachment for failing to file cases against officials implicated in the various scams in GMA’s administration. Gutierrez resigned before she could be prosecuted. The current impeachment trial of Supreme Court Justice Renato Corona and the house arrest of GMA are part of the grand design of PNoy Aquino to try and rid the system of its long-standing “rotten core.” This article takes a hard look at this phenomenon that refuses to go away or be uprooted to an appreciable degree. We will also examine the results of anti-corruption efforts in other countries

and see how the Philippines’ track record stacks up with its counterparts.

Roots of Philippine Corruption It would be instructive at this point to examine the roots of Philippine corruption, which can be traced back to the country’s colonial past. We often have the mistaken notion that the Philippine corruption we see today started only during the postWorld War II period, which multiplied opportunities to engage in corrupt behavior in just about every arena, but especially in the public sector. Writing for the National Geographic magazine (September 1990), Eugene Lyon provides a fascinating analysis of the Galleon Trade between the Philippines and Mexico as having developed a highly-lucrative commercial system from which the Spanish Crown derived immense profits. Manila became the center of a “web of commerce linking India, Southeast Asia and especially China.” Spanish authorities assigned galleon shipping spaces to a commission representing powerful interests at the time—the civil government, the church, religious orders and business enterprises controlled by Chinese merchants or middlemen. They were issued permits called “boletas,” which were supposed to be chosen equitably. But inevitably, corruption and influence dictated the distribution of the permits to the “shippers.” Even though individual clergymen were forbidden to participate in the bidding, there were “priests, bishops and even archbishops who consigned merchandise on the galleons.” Governors and other officials regularly loaded shipments which yielded substantial profits, especially as the galleons

Former Preidents Joseph Estrada and Rep. Gloria Macapagal-Arroyo

grew in size to accommodate more tonnage. The shipments were never inspected by authorities and the merchants routine declared ridiculously low values for their goods. Packages declared in worth of 125 pesos, were in fact worth 500, even 1,000 pesos each. In time, loads of contraband materials, such as gold bullions, were hidden in every part of the galleons, including “hollowedout timbers, bales of cloth, even inside the rinds of cheeses.” Today, the name of this ancient practice in the galleon trade is “smuggling.” The Bureau of Customs, as everyone knows, is one of the most lucrative hotbeds for smuggled goods reining in huge profits in an institutionalized “bureaucracy of graft and corruption.” The main effect of this large-scale cheating is the loss of legitimate government revenue from taxes. In the galleon days, according to Lyon, the practice of tolerating smuggling invited “widespread official corruption.” So much so that even the Spanish king no less would accept “lump sum payments” in lieu of the evaded taxes. Bribes were routinely paid to officials to forego examination of goods to determine how much taxes should be paid. The web of individual graft and bureaucratic collusion expanded significantly and enriched a class of operatives as the galleon trade flour-

ished for 250 years. In time, the galleon trade declined but its indelible legacy of corrupt wheeling-and-dealing would become part of the political vocabulary of Filipinos to this day. Eventually, the Philippines would be further exploited by other colonial powers like France and England, as well as by the U.S., which had become a Pacific power at the beginning of the 20th century.

Combating Corruption The high point of bureaucratic corruption in recent memory occurred during the 14-year Marcos dictatorship (19721986), which devised ingenious means such as “crony capitalism” and outright takeover of private businesses to accumulate unlimited wealth for a few under a regime that decreed censorship, abolition of civil rights, closure of Congress and other draconian measures to rule the country. The first Executive Order signed by President Corazon Aquino, following the ouster of the Marcos regime, created the Presidential Commission on Good Government (PCGG) to “recover all ill-gotten wealth acquired by Marcos, his immediate family, subordinates and close associates, including takeover or sequestration of all businesses, enterprises and entities controlled by them, either directly or through nominees during Mar(continued on page 5)


FeBruarY 18, 2012   haWaII FIlIpIno ChronICle  5

COVER STORY (from page 4, PUNISHING....)

cos administration.” The PCGG estimated that the stolen or hidden wealth acquired by the Marcos group amounted between $5-10 billion, only from documented sources, which means there could be much more. Note the similarity between the creation of the PCGG and the Truth Commission in the two mother-son Philippine presidencies. The PCGG immediately filed with the Sandiganbayan close to 90 cases of graft and corruption against the Marcoses, their cronies and eventually the Marcos Estate. Predictably, the pace of litigation was slow and unproductive as the now-restored democratic space in the country allowed defendants to hire the best lawyers, bribe investigators and intimidate witnesses. Government lawyers were outsmarted by many of the cronies, who had either cut deals with the incoming administration or returned just a portion of their loot. In time, members of the Marcos family returned to power and are now in positions to protect what they claim is rightfully theirs. The country’s weak system of justice is just not able to cope with the machinations and manipulations of traditional powerful interests in society. Most of the cases have either been dismissed, won by the defendants or simply languished into oblivion. Only a handful cases filed in U.S. district courts, such as the class action suit on behalf of 10,000 Marcos human rights victims, have succeeded. But even here, justice was never really served as the victims only received a pittance of the huge damages awarded by the court, amounting to $1.2 billion in the early 1990s for their pain and suffering under the dictatorship. Fast forward to the Estrada “Erap” administration which, in 1999, asked the World Bank to help the Philippines fight corruption. Erap seemed like a knight in shining armor, brandishing the anti-corruption sword as the man of the masses (Erap para sa mahirap: Erap for the Poor). You’d think he would finally lick this nemesis of the Philippine political system. The Philippines’ former country desk director at the World Bank, Vinay Bhargava, conducted a comprehensive study which proposed a Nine-

Point Approach to combat corruption in the Philippines, as follows: 1. Reduce opportunities for corruption by policy reform and deregulation 2. Reform campaign finance 3. Increase public oversight 4. Reform budget processes 5. Improve civil service meritocracy 6. Target selected departments/agencies 7. Enhance corruption sanctions 8. Develop partnerships with the private sector 9. Support judicial reforms These are all very well meaning courses of action to curb or minimize corruption, but it will take another century for all these reforms to materialize, if at all. It didn’t take long after 1999 when, in the irony of ironies, Erap the Hunter became the Hunted himself as far as corruption was concerned. He was exposed as the lord of the underworld of jueteng and other sleazy activities by no less than his kumpadre Chavit Singson with whom he had a falling out, reminiscent of situations involving honor among thieves. Erap was impeached by the House of Representatives but the Senate trial did not continue when the Impeachment court voted not to open the 2nd envelope because it was not part of the impeachment complaint. The prosecution panel walked out of the Impeachment Court in protest. The impeachment trial was adjourned and resumption of trial left undecided. This triggered People Power II in 2001 resulting in Erap’s unceremonious ouster. GMA, vice president at the time, quickly ascended to power, but it didn’t take long either before her administration was castigated by an outspoken media which exposed the alleged wheelingand-dealings of her husband and other officials of her inner circle. The PNoy administration is intent on pursuing the same course of action as his mother did. What is next? Will it take another 25, 35, 50 or even a 100 years before some big fish could be fried?

Punishing the Corrupt in Other Countries This section cites more successful cases of meting harsh punishment to accused grafters

convicted of corruption, bribery, money laundering, mail fraud, misconduct and other felonies and high crimes. It is my theory that punishment will not stop corruption completely, but it will deter it. The U.S. leads in successfully prosecuting, convicting and incarcerating former high officials convicted of one or more of the crimes cited above. The main ones are as follows: • Rod Blagoyevich: ex-governor of Illinois, convicted of bribery, fraud, corruption and misconduct; 14 years in prison after losing appeal. • Randy Cunningham: exU.S. representative, for bribery, mail fraud and tax evasion; 8 years in prison with a $1.8 million fine. • James Traficant: ex-U.S. representative, for bribery, racketeering and false tax returns; 7 years in prison. • Rafael Angel Calderon Fournier: ex-president of Costa Rica, for embezzling government funds; 5 years in prison with a $520,000 fine. • Alberto Fujimori: ex-president of Peru, for human rights abuses and other crimes; 25 years in prison. • Arnoldo Aleman: ex-president of Nicaragua, for money laundering, corruption and embezzlement; 20 years in prison. • Chen Shui-bian: ex-president of Taiwan, for money laundering, embezzlement and bribery; 20 years in prison. • Roh Moo-Hyun: ex-president of South Korea, for bribery but committed suicide while under investigation. One of his predecessors, Chun Doo Hwan, was also found guilty of corruption and part of his punishment was to be exiled in an isolated place where there was no heating during winter. • Winnie Madikizela-Mandela: ex-first lady of South Africa, for fraud and theft; 5 years in prison, which was later reduced to a suspended sentence. • Raul Salinas: brother to expresident of Mexico Carlos Salinas, for plotting the murder of another official; sentenced to 27.5 in prison. • Paulo Lazarenko: ex-prime minister of Ukraine, for

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money laundering, fraud and extortion; 97 months in prison. Tommy Suharto: son of the late Indonesian dictator Suharto, graft for selling East Timor assets worth $135 million to five of his companies, although reversed by Supreme Court. Manuel Noriega: ex-dictator of Panama, for drug trafficking and sentenced by U.S. court in 1992; 17 tears in prison. Also convicted in France in a cocaine case and sentenced to 7 years in jail. Mai Van Dan: ex-deputy trade minister of Vietnam for bribery; 14 years in prison. Angelo Calmon de Sa, ex-

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minister of industry and trade of Brazil, for mismanagement of Banco Economico leading to bankruptcy; 13 years and 4 months in prison. Katsutoshi Matsuo: ex-foreign ministry of Japan official, for pocketing money from discretionary funds totaling $500 million; 7.5 years in prison.

The list is endless but makes the point that other countries have been so much more forceful in their fight against official corruption and much more successful in convicting and sending them to prison to serve out harsh and even cruel punish(continued on page 6)


6  haWaII FIlIpIno ChronICle  FeBruarY 18, 2012

HAWAII-FILIPINO NEWS

Villaruz Elected ISAH President for 2012-2014 by Amado I. Yoro

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anny Villaruz was reelected as president for the Ilocos Surian Association of Hawaii (ISAH) during its general membership meeting at the Susannah Wesley Community Center on February 7, 2012. Members of the nomination and election committee were Al Sabangan, Rose Sabangan, Art Abinsay, Antonio Ipalari, Amado Yoro and Jun Abinsay. ISAH has launched numerous successful projects under Villaruz’s leadership. One of ISAH’s most recent projects was the President Elpidio

Danny Villaruz

quirino Awards last August 2011 which paid tribute to leaders in the community. ISAH is an active member of the Oahu Filipino Community Council (OFCC) and the United Filipino Council of Hawaii (UFCH). Its theme is “Working Together to Rebuild our Communities Here and

COVER STORY (cont.) ment. The list is drawn mostly from the 2010 Yearbook of the American Chamber of Commerce entitled Arangkada, which has much more detailed accounts of former high government officials who have been convicted and imprisoned for corruption over the years. Estrada was subsequently overthrown for his corrupt activities, found guilty of corruption and sentenced to house arrest. He was confined to very comfortable quarters in Tanay, Rizal where he was free to do whatever he liked. Compare this to poor Chun Doo Hwan, who was freezing in winter in the middle of nowhere in the Korean peninsula paying for his crimes under the harshest of

Our Homeland.” Other ISAH officers elected include: Maria Etrata, first vice president; Estrella Pada Taong, second vice president; Loida Alimboyoguen Yamamoto, recording secretary; Davelyn Ancheta quijano, Corresponding secretary; Rose Sabangan, treasurer; Tessie Aganon, assistant treasurer; Lynne Gutierrez, auditor; Alice Castaneda, assistant auditor; Bernadette Fajardo and Antonio Ipalari, PRO. Sergeants-at-arms are Art Abinsay; Gus Concepcion; Cesar Fajardo; Al Sabangan and Paul Taong. Advisors are Felipe P. Abinsay, Jr.; Ben Cabreros;

Romy Cachola; Pio Enrico; Louie Funtanilla; Ted Saribay; Charlie Y. Sonido, MD; Carlito Soria; Ignacio Torres, MD; and Amado I. Yoro. ISAH is comprised of municipal and alumni unit organizations with respective unit presidents, namely: • Annak ti Sinait Iti Hawaii (Antonio Ipalari) • Sinait National High School Alumni Association of Hawaii (Davelyn quijano) • Cabugao Sons & Daughters Association of Hawaii (Mercedes Sonico) • San Juan Lapog Assn of Hawaii (Alice Castaneda)

of corruption, which are played out in blatant or subtle proportions as long as there are opportunities to do so. Since very few are caught and even fewer convicted, perpetrators are all the more emboldened to engage in sleazy acts. In the Philippines especially, there is this mindset of “baka makalusot” (one might get away with it) and they will take the risk. The more influential grafters, especially close family and friends of sitting presidents and high officials, are cavalier and even arrogant in their behavior, knowing they could be bailed out because of their connections. Those found guilty are never thrown in jail or find other means to escape the noose. The vicious cycle goes on especially in places where the opportunities to enrich yourself are abundant—customs, internal revenue, finance, public works, motor vehicles or land transportation offices, military, police—just about every department where contracts and deals in staggering amounts are

worked out in a seemingly seamless web of bureaucratic collusion and corruption. I started with the history of Philippine corruption by citing the case of its beginnings in the Galleon Trade, which is a most fascinating study. That was so many centuries ago one would think it would have been undermined in these modern times. Instead, graft and corruption has not only escalated but multiplied in such complex, bizarre forms making it that much harder to undercut, let alone prosecute. As bad as it seems, there might be some hope as reported in a recent publication (Honolulu Star-Advertiser, 10/17/11) entitled “Appetite for Corruption Subsides.” Current Brazilian President Dilma Rousseff immediately dismissed a top aide who was reported to have amassed $4 million in unexplained income. She also dismissed three others accused of receiving kickbacks and charging the government for “staying

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Magsingal Assn of Hawaii (Basilio Tolentino) • Vigan Association of Hawaii (Tessie Aganon) • Santanians of Hawaii (Pio Enrico) • Santiagenians of Hawaii (Emi Etrata) • Candonians of Hawaii (Dr. Ignacio Torres) • Annak Ti Caoayan 2002 (Jenny quezon) • Narvacaneos of Hawaii (Louie Funtanilla) • Sta. Marians of Hawaii (Iluminada Directo) The installation of officers ceremony will be held at the Hale Koa Hotel in conjunction with the Mrs. ISAH and the President Elpidio quirino Awards on August 10, 2012.

(from page 5, PUNISHING...)

physical conditions. Another former ex-president jumped off a cliff unable to come to terms with his family’s corruption. The only Filipino listed in the Arangkada Hall of Shame was Mark Jimenez, businessman and ex-Philippine Representative (2001-03), who was sentenced by a U.S. court to 22 months in prison on tax evasion charges and conspiracy to defraud the U.S. He was ordered to pay a fine of $1.2 million.

Conclusion The topic of graft and corruption is an endless, inexhaustible, interminable and exasperating one. Every society, especially larger and more complex ones, have their own forms

at a love motel.” Hats off to the first female president of Brazil! Meanwhile, according to the report, public outrage turned into regular street demonstrations. Brazil is like the Philippines in many ways in terms of circumventing rules and other irregular behavior but a new middle class is outraged and speaking out increasingly against government graft. They have found it intolerable and street protests are happening now more than they ever have in the past. The time for really punishing graft and corruption is now, or never, as the Brazilians are showing in this century. (DR. AqUINO is a retired Professor of Political Science and Asian Studies at the University of Hawaii at Manoa where she was also the founding Director of the Center for Philippine Studies. She got her Ph.D. from Cornell University, MA from the University of Hawaii and BA from the University of the Philippines. She is the author of numerous publications including Politics of Plunder: The Philippines Under Marcos, which has been translated into Japanese and used as a textbook in various universities.)


FeBruarY 18, 2012   haWaII FIlIpIno ChronICle  7

IMMIGRATION GUIDE

Immigration in the Year of the Dragon By Atty. Emmanuel Samonte Tipon

did not jibe on when was the last time, leaving the woman irritated, saying it was only yesterday. Maybe it was not unforgettable that was why he forgot, joked the lawyer. So much for the color red.

he lawyer told his client to wear something with red at the immigration interview, cautioning her that it would not be easy. This is the Year of the Dragon, he pointed out. Red is the color of the Year and is a lucky color. She had married her fiancé who was half her age. When she showed up, she was dressed completely in red, with red shoes, red lipstick, and a ruby necklace. Her lawyer thought she would wear something like Angelina Jolie at the Golden Globes, white with a touch of red above her breast. Her husband wore a black suit and red shirt. How did they fare at the interview which was actually their second? The officer interviewed them separately asking the same questions. Their answers did not completely match. In the critical area of intimate relations, their answers

What Year of Dragon symbolizes According to Zodiac signs, “Dragons symbolize such character traits as dominance and ambition. Dragons prefer to live by their own rules and if left on their own, are usually successful. They’re driven, unafraid of challenges, and willing to take risks. They’re passionate in all they do and they do things in grand fashion. Unfortunately, this passion and enthusiasm can leave Dragons feeling exhausted and interestingly, unfulfilled.” So, should immigrants expect bold immigration reform laws – like DREAM Act and amnesty – in the Year of the Dragon? Will the U.S. Congress be “unafraid of challenges and willing to take risks”? Will it do things with “passion” and “in a grand fashion.”? Nobody I talked with believes that, not even illegal immigrant lovers. Will immigration reform via Congress remain a

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myth like the dragon?

Immigration and Executive action Newt Gingrich, who is seeking the Republican Party nomination for President, suggests legalizing (aka amnesty) certain illegal aliens. He talks as if he favors “open borders” like “open marriage” which his second wife accused him of asking. Gingrich asked rhetorically, “how can we deport 12 million of them? That is a defeatist attitude. Come to Hawaii and see how fast the dragons (or dragonflies) from Department of Homeland Security are arresting and deporting aliens, even for noncriminal conduct. An “amnesty” candidate is not going to win. Look at John McCain. Will President Obama do something about immigration reform? The Obama administration acts as if it is speaking from both corners of its mouth. On the one hand, the Obama administration is talking loudly about exercising “prosecutorial discretion” to give innocent c h i l d r e n  a c h a n c e  a t being saved from deporta-

HAWAII-FILIPINO NEWS

Rail Project Gets Key Approval from FTA

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ast week, the Federal Transit Administration (FTA) gave the green light to proceed with the next phase of construction for Oahu’s rail system. Toru Hamayasu, interim executive director for the Honolulu Authority for Rapid Transportation (HART), says the FTA’S approval clears the way for additional construction, which includes work on the foundation and pillars for the guideway along the first half of the rail alignment, as well as work on the maintenance and storage facility. “We would like to thank our congressional delegation for their strong support,” Hamayasu says. “We also appreciate the FTA’s willingness in working collaboratively with us to keep this project moving forward.” Last year, the City began relocating utilities along the Ewa portion of the rail route from East Kapolei to Pearl City as part of preliminary construction. HART’s Project Oversight Commit-

tee chair Damien Kim says that GET revenue collections have been coming in higher than projected and that costs have been running below estimates. “The rail project is moving in the right direction,” Kim says. “Rail will provide a much needed boost to our economy and create thousands of jobs. Once completed, rail transit will be the heart of an efficient multi-modal transportation system to help deal with our island’s increasing traffic congestion in a way that is consistent with Oahu’s development plan.” Critics say that rail will not only fail to solve Oahu’s traffic problems, but that its $5.27 billion price tag could run as high as $7 billion rail. Others like gubernatorial candidate Ben Cayetano support dedicated lanes for electric or hybrid buses which they say would be less costly and faster to build. U.S. Sen. Daniel Inouye, a staunch rail supporter, says that he will continue to do everything he can to direct federal funds to Hawaii to ensure its timely completion.

tion which Republicans call “backdoor amnesty,” and giving a “waiver” for those illegally in the country who have an approved petition by a USC relative, another “backdoor amnesty.” On the other hand, his DHS and Attorney General are deporting hundreds of thousands of aliens, such that he has the highest number of deportees among the Presidents.

Courts and Immigration How about the courts? Every week I receive a collection of immigration decisions. More and more decisions from the courts are anti-alien, even from the most liberal circuit court of appeals – the 9th Circuit – which covers the southwest where most aliens live, like California, Arizona, Nevada, New Mexico. Fortunately, there is still the Supreme Court that has put a brake on all these illegal deportations. Remember Judulan, the Filipino who was saved from deportation by the Supreme

Court because he challenged the decision of the 9th Circuit which had approved a rule concocted by the Department of Justice that an alien who is being deported and seeks relief under INA Section 212(c) must have committed an offense which has a comparable category in the exclusion statute. And previously, the Supreme Court held that an alien who is not told by his criminal defense lawyer that pleading guilty to an offense would result in deportation has suffered ineffective assistance of counsel and his conviction must be set aside. Those are bold decisions characteristic of the dragon. (aTTY. TIpon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Websites: www.MilitaryandCriminalLaw.com, and www.ImmigrationServicesUSA.com. Listen to the most witty, interesting, and informative radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at www.iluko.com.)


8  haWaII FIlIpIno ChronICle  FeBruarY 18, 2012

HAWAII-FILIPINO NEWS

City Realizes $22 Million Savings on APEC Conference

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osting the Asia-Pacific Economic Cooperation forum last November has ended up costing the City less than anticipated. According to Mayor Peter Carlisle, it cost taxpayers less than $21 million to host the prestigious international event, which was less than half of the $43 million that had been budgeted. “Honolulu did a remarkable job,” Carlisle says. “We made sure everything was in place to ensure a safe, smooth event that made Honolulu proud, while keeping expenses to a minimum.”

OPINION (cont.) Filipino people. They will not only be judging Corona but also the Senators, the prosecution and the defense. They want the truth, the whole truth and nothing but the truth about Corona. God help those in this trial who tries to hide the truth from them. How the defense or the prosecution manage their cases is not my business. Instead, what I hope to see come out of this process is for the citizenry to see

The savings will offset increased electricity and fuel costs for other City operations, which have risen substantially due to increased world energy prices. The money spent on APEC paid primarily for supplies, equipment and personnel from the police, fire and emergency services departments to ensure the safety of U.S. president Barack Obama and other visiting foreign dignitaries, and to minimize traffic disruptions. City officials have applied for reimbursement from the federal government for some APEC-related costs. HPD ex(from page 6, THE GOOD...)

the big picture of a broken judicial system which needs drastic reforms to be instituted from top to bottom — in order to establish a judiciary that is responsive to the people’s constant need for justice and order. A major part of the prosecution’s strategy is to demonstrate that Corona has unjustly enriched himself during his tenure as Associate Chief Justice and as Chief Justice.

pended $10.5 million of the $18.3 million allotted for APEC in fiscal years 2011 and 2012. “Honolulu was fortunate that we did not have any large protests, allowing for the $7.8 million savings,” says Police Chief Louis Kealoha, who also noted excellent city, state, federal, and private sector partnerships as well as extensive preparation.

Fire Chief Kenneth Silva said that the fire department saved approximately $2 million through prudent planning, management and implementation of its APEC security plan. HFD strengthened relationships with other government agencies, added new equipment and implemented new policies that have improved the entire department. “In short, HFD’s participation in APEC benefitted Oahu’s citizens and visitors by creating a more robust and dynamic emergency response force,” Silva says. Department of Emergency Management Director Melvin

Kaku similarly attributed the savings in his agency to carefully coordinated joint training exercises among stakeholders. The Department of Transportation Services (DTS) spent approximately one-third of its $1 million budget for the event, resulting in a savings of more than $600,000. “This budget reflected assumptions for an event of a magnitude never before held in Hawaii,” says DTS Director Wayne Yoshioka. “The amounts estimated for APEC were based on conservative estimates of cost, both in labor and current expenses.”

For reference and comparisons, they will use Corona’s: Statements of Assets, Liabilities and Net Worth (SALN) filed from the 1990s to the present, titles to real properties in his name and the names of his relatives, series of income tax returns and definitely, his bank records. They might even add information later on about the luxury automobiles in his and his relatives’ names. Much emphasis and atten-

tion will be made to the SALN undervaluation of declared properties and the dramatic spike in his assets. Specific questions will be asked as to how he and his relatives could have acquired so much valuable property on his limited salary. If the prosecutors are able to effectively establish and express: that Corona possesses enormous wealth; that it surely must be ill gotten since he cannot explain its source; and that he even tried to

hide it because he placed much of these in the name of his relatives and maybe some cronies — then to many observers, these are enough conclusive proofs of corruption. Ergo, he should be impeached. Many would then suspect that one source of this unexplained wealth is former President Gloria Macapagal-Arroyo which would explain Corona’s loyalty to her at the expense of (continued on page 11)


FeBruarY 18, 2012   haWaII FIlIpIno ChronICle  9


10  haWaII FIlIpIno ChronICle  FeBruarY 18, 2012

PHILIPPINE NEWS

Over 61,000 Foreign Studes Enrolled in Phl by Evelyn Macairan Thursday, February 10, 2012

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than one year. A student visa is issued to foreigners aged 18 years and above taking up a course higher than high school at a university, seminary, college, or school authorized to admit foreign students, he added. Of the 19,654 holders of student visas, 4,284 are former tourists, while 15,370 were old students. A total of 29,462 foreigners applied for SSP with the different BI provincial offices, while 8,846 obtained their SSP from the main office in Manila. The BI has implemented new and stricter rules in screening student visa and SSP applications. The new rules require schools to designate a liaison officer to assist foreign enrollees in applying for a visa or SSP. Only schools accredited by the BI, Department of Education, Commission on Higher Education, Technical Education and Skills Development Authority, and Federation of Accrediting Agencies are authorized to accept foreign students.

ANILA, Philippines - More than 61,000 foreigners are enrolled in different schools in the Philippines, the Bureau of Immigration (BI) said yesterday. Immigration Commissioner Ricardo David Jr. said a total of 61,601 applications for student visa and special study permit (SSP) were approved last year. “Foreigners come to our shores to study, and that is a tribute to the good quality of our educational system,” he said. Lawyer Carlitos Licas Jose, BI Student Clerk head, said of the foreigners studying in the Philippines, 41,497 are SSP holders while 19,654 were issued student visas. A majority of the SSP holders are based in the provinces, he added. Licas said an SSP is issued to a foreign student below 18 years old in the elementary, secondary, tertiary levels, and those who will enroll in a special course of less (www.philstar.com)

Gov't, MILF Tackle 'Substantive' Issues in KL Peace Talks from www.philstar.com Tuesday, February 14, 2012

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ANILA (Xinhua) -- Negotiators from the Philippine government and the separatist Moro Islamic Liberation Front (MILF) resumed their peace negotiations in Kuala Lumpur Monday with both sides agreeing to tackle substantive issues. The three-day 25th formal exploratory talks were held a month after the last meeting of both panels in Kuala Lumpur on last Jan. 9 to 11. In his opening statement, Marvic Leonen, chief of the government panel, stressed the need to "focus once more on the substantive issues and explore common grounds" in order to come up with a final peace agreement. The MILF has expressed optimism that the negotiations would resolve the "stickiest points," saying that during the January talks, negotiators were preoccupied on issues involving power- sharing, wealth-sharing, and interim mechanism. "They managed to come to [an] understanding, short of a formal decision, on the powers exclusively exercised by the central government. But they lacked time to deal on powers [that] are concurrent to the central government and state government, and powers to be exercised by the state government," the MILF said. The MILF said that the respective roadmaps of the two panels have many things in common, but they "differed sub-

stantially on timeframes and the need for mechanism that would ensure perpetuity of the agreement." In their January meeting, Leonen has revealed details of an expanded autonomy scheme for the Filipino-Muslims in the Southern Philippines in lieu of the establishment of a semi-sovereign sub- state that the separatist group has demanded. Also in the January talks, Leonen expressed the hope that the two sides could craft a formal peace accord within the first quarter of this year. Leonen said that President Benigno Aquino is now "willing to risk his own political future to cleanse government of past sins of corruption and misadministration." The MILF has not formally discarded its original demand for a sub-state, which has been heavily criticized by other Philippine government officials including leaders of Congress for being unconstitutional. But the MILF has said that the ARMM, which was created under the l987 Philippine Constitution, is merely an administrative body and does not have the sovereign functions that they have envisioned under a Bangsamoro sub-state. Leonen also called on the MILF to work closely with other leaders that represent the Bangsamoro people, citing in particular the Moro National Liberation Front (MNLF), which has signed a peace accord with the government in l996.


FeBruarY 18, 2012   haWaII FIlIpIno ChronICle  11

PHILIPPINE NEWS

54-Year-Old Manila Cathedral Closed for Repairs by Evelyn Macairan Tuesday, February 14, 2012

The Cathedral has been closed since Feb. 7. He added that repairs would start immediately. The closure of the Cathedral affected some 200 couples that have made reservations for weddings until March next year. Tagle said they have already formed a team called the “Wedding Task Force” that would advise and assist the couples in making reservations in other churches. There is still no decision on

what to do to the crypt, where the remains of late Manila Archbishop Jaime Cardinal Sin and three other cardinals are laid. Fr. Carlos Reyes, a civil engineering graduate of the University of the Philippines, said that there was no need to demolish the basilica but it has to be closed to the public because it is no longer structurally sound. He said that the present state of the Cathedral does not conform to the 2010 edition of the National Structural Code of the Philippines (NSCP). Reyes said the firm Angel Lazaro and Associates International (ALAI), which the Manila Cathedral administration commissioned to conduct a detailed study of its structural integrity, had reported that one of the problems was the presence of cracks in the building. “The reports detail the failure of some critically important structural members like

(Choosing Comelec officials should also be done in like manner.) The SALN filed annually by Justices and judges should be examined regularly by independent auditors together with random lifestyle checks — as a deterrent to corruption. This is a good thing done in other more advanced countries that is worth emulating. Right now, there is no really effective policing and monitoring of dishonest judges and Justices. The jury system should be adapted. The collective sense of justice of 12 people is preferable to that of one judge who may even possibly be corrupt. President Aquino can further affirm that these impeachment proceedings against Corona are not a personal thing per se but a part of his overall plan to rid

government of corruption. He must initiate and support these noble but effective reform proposals if he wants real lasting effective institutional changes. This will affirm his sincerity. Well-meaning men and women will support him. Otherwise, without meaningful major reforms, his calls for change will die out when his term ends. Perceived generally as honest, he is in a unique position to make a real difference in creating a better life for our people. People are willing to trust him. If he allows this sacred opportunity to pass — by just being another shallow politician who is into politics for the sake of power instead of using power for the sake of the people — the people would sooner wish to forget than remember him when he steps down.

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ANILA, Philippines - Archbishop Luis Antonio Tagle announced yesterday the temporary closure of the Manila Cathedral for at least a year to give way to renovation to correct some structural defects. Fearing that it might not be able to withstand a strong earthquake, Tagle said that the 54year-old Cathedral would be closed for about a year for repairs. Tagle said they estimate the cost of repairs to reach P50 million. He said the Manila Basilica Foundation is one of the groups that have pledged to help raise funds for the renovation project. Tagle, who has been the Archbishop of Manila for only two months, admitted that the Cathedral that is also called the Manila Metropolitan Cathedral-

OPINION (cont.) the people’s interest. Other suspected sources would be a couple of Marcos cronies but let’s not go in there at this time. Many of the CongressmenProsecutors, Senator-Judges and other government officials involved in these impeachment proceedings or watching it — may surely feel some unease in using Corona’s SALNs to pillory him. They know that when it comes to misdeclaring or even misrepresenting items in the SALN form, most everybody plays the game including perhaps themselves — even if maybe not on an unconscionable level. But certainly, the SALN of certain Senators, Congressmen and other government officials known to be fabulously wealthy are a joke. They get away with declaring only a minuscule fraction of their true net worth because for all practical purposes, nobody really examines or audits these SALNs. The only requirement is that it be filed. The very purpose why public officials are required by law to file their SALN annually — is to monitor possible dishonest money generating activities. If no independent entity regularly examines these, of what good are they? But government officials as a whole are deafeningly silent about insisting on accurate SALN reporting and auditing. Let him who is without sin cast

Basilica and Cathedral-Basilica of the Immaculate Conception, has “structural concerns.” He said the study presented to him showed that there were structural concerns and repairs are needed immediately to preserve and ensure the safety of the building. Church officials cited the effects of the strong 6.9 magnitude earthquake that hit Negros Oriental last Feb. 6 that showed the urgent need to close the Manila Cathedral to the public. (from page 8, THE GOOD...)

the first stone… In 1989, curiously but maybe not surprising, the Supreme Court issued an order prohibiting third parties from examining the SALN of its own members. This appears to be clearly unconstitutional as Article XI Section 17 of the 1987 Constitution clearly mandates it. But who can go against the mighty Supreme Court except if the people cry out loud and support the reversal of this self-serving 1989 order. The people will also want to support the following drastic but needed Constitutional changes: To avoid the repetition in the future of this distortion of a cabal of Justices whose primary concern is the interests of the President who appointed them — above that of the interests of the people — the appointment of Justices (and judges) should be taken away from the President. Instead, Justices should be selected from a list of highly qualified candidates with impeccable characters — through a blind lotto style drawing. In this way, the chosen Justice does not feel beholden to any appointing power because of “utang na loob” (debt of gratitude). We need not follow the U.S. model which clearly does not work well for us because of cultural realities. Let’s do what works for us.

columns and beams, to comply with the standards set by the NSCP 2010 edition. Such failures indicate conditions that render the structure as not safe,” Reyes added. Another finding was that the Cathedral was sitting on soft soil. Grouting cement should be placed on the soil to avoid liquefaction, which occurs when the soil turns to liquid and becomes almost like quicksand that could happen during an earthquake. In studying the condition of the structure, the engineers bored four holes near the four corners of the Cathedral and discovered that two of the holes have potential liquefaction material. They also need to strengthen the super structure during the retrofitting. Tagle said that they would also look into the structural conditions of the other churches under the Archdiocese of Manila and might even give a crash course to their priests on how to detect defects in their churches. (www.philstar.com)

An honest and efficient judiciary will go a long way in effectively prosecuting crooks in government. It will also bring justice and order in Philippine society creating a better life for all. These radical but drastically needed judiciary reforms are what we should hope for to come out of this impeachment trial. Corona’s fate is incidental. What would certainly be more providential and important is that these proceedings open the eyes of our people to the rottenness and corruption in the country’s court system and pushes everyone to seek changes for the good of all. If you support these critically needed reforms in the judiciary, please email or reprint and distribute as widely as possible and ask recipients to do the same. We can change the Philippines.


12  haWaII FIlIpIno ChronICle  FeBruarY 18, 2012

TRAVEL & TOURISM

Travel Back in Time in

For a quick glimpse of the town, the Museo ng Mauban is a must-visit, giving visitors an overview of its history. The community museum is among the few well-maintained repositories in the province that serve as a showpiece of local heritage.

Mauban M from www.philstar.com

ANILA, Philippines - Walking down the streets of the rustic town of Mauban is traveling like back in time or lingering in a living museum. Situated on the Pacific coast of quezon province, historical accounts dating back to 1677 indicated that the municipality was initially composed of five small settlements. One of the village chieftains was Gat Pagil, a Dumagat who led the community that is the present-day pier area. At age 20, the gray-haired Gat Pagil became well known for his military genius in repelling sea-borne Moro raiders. He was respected by folks who affectionately called him Gat Uban (uban is the Tagalog word for white hair) and was fondly called Mauban, from which the town’s name originated. To immortalize his exploits, a bronze monument stands proudly at the town’s seawall promenade to honor the man who protected them from physical harm. While yet to earn in place on the prestigious UNESCO World Heritage List, Mauban is a heritage village in more ways than one because of the vestiges of a

genteel past that have withstood the ravages of time. For a quick glimpse of the town, the Museo ng Mauban is a must-visit, giving visitors an overview of its history. The community museum is among the few well-maintained repositories in the province that serve as a showpiece of local heritage. Dotted by 19th-century houses built in the typical Spanish bahay na bato architecture, Mauban is host to stately homes that lend an old world charm to the poblacion (town center). These homes, nurtured by the prominent families of Villabona, Pastrana, Pelejo, Pansacola, Peñalosa and Taiño, are still in a good state of preservation although many of them are managed remotely by the owners. Some of the houses have

found adaptive reuse as shops, offices or commercial establishments, giving them a new lease on life. Another noteworthy ancestral home is the 1910 birthplace of Fr. Horacio dela Costa, the first Filipino Jesuit provincial superior and authority in Philippine and Asian culture and history, which has undergone restoration. Now used as a private function hall by the Tan family, the house is fondly called White House because of its white paint. A bust of the renowned priest stands across from the 111-year-

old residence. The town also has its share of ubiquitous Gabaldon-type schools built in the early 1900s under the Gabaldon Act, buildings that have survived natural calamities and World War II. But while old houses seem to dominate its landscape, Mauban will soon have more bragging rights as the National Historical Commission recently declared the town’s Rizal Monument a historical landmark. Situated at a 100-foot promontory at Calvario Hill, it is perhaps the highest Rizal monument in the country, and a belated but fitting tribute to the national hero’s 150th birth anniversary. Used as an observation post by the Spaniards, Americans and Japanese forces, the hill that overlooks the town was called Calvario because it was the site of the reenactment of Jesus Christ’s Calvary during the Spanish era. Another unique attraction is the public bath house built in 1725 made of lime and shells

whose fresh water was drawn from a stream 200 meters away. Undergoing some repairs over the years, its structure is still intact and plans are afoot by the municipal government to preserve it as another historic spot. Prominently displayed at the municipal hall are two Spanish cannons given to town officials by then-Governor General Rafael Ma. Aguilar for their rescue efforts of friars captured by Moro pirates in 1798. Ironically, the same cannons were used by Filipino revolutionaries led by Gen. Justo Lukban a century later in making the Spaniards capitulate in Tayabas. The town’s natural heritage is also something to be proud of — the charming white sand Cagbalete Island, Mag-Asawang Bato rock formation, Butas-butas Cave, Kulasi Cave and the enchanting cascades of its waterfalls — Alitap, Dahoyhoy, Hagdan-Hagdan and Bisibis. Log on to mauban.gov.ph for details or add it on Facebook at Mauban Tourism and LGU Mauban quezon.

FOOD & LEISURE

Recipe File: The Chocolate FIerY ChoColaTe lava Cake Connection from www.philstar.com

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ANILA, Philippines - The Aztecs saw chocolate as an aphrodisiac that invigorated men and made women less inhibited. Which is why chocolate remains an enduring symbol of passion, romance and love, especially on Valentine’s Day. This month of love creates a more romantic impression by giving something you created yourself. Here is a recipe from the San Miguel Great Food Club that will help make your special someone fall in love with you all over again.

Ingredients: 150 g. semi-sweet chocolate, grated 1 cup Magnolia Gold Butter Pinch of chili flakes 3 pcs. eggs 1 1/2 cups powdered sugar 1/2 cup Baron All-Purpose Flour 1 tsp. vanilla extract Procedure: Preheat oven to 450F. Grease 6 custard cups with softened butter. In a double boiler, melt semisweet chocolate and butter at low heat. Add chili flakes and mix well. Cool slightly. In a mixing bowl whisk eggs add sugar, then whisk in the chocolate mixture, flour and vanilla. Pour mixture into buttered custard cups. Bake for 14 minutes or until sides are set but center remains soft and runny. let stand for 5 minutes. Turn cakes out onto plate and sprinkle with confectioner’s sugar. Garnish with fresh fruits. May be served with a dollop of whipped cream or a scoop of Magnolia ice cream. Makes 6 cakes.


FeBruarY 18, 2012   haWaII FIlIpIno ChronICle  13

LEGAL NOTES

reporting Immigration-related Discrimination By Reuben S. Seguritan

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mmigrants have played an increasingly important role in the U.S. economy. They work in all kinds of occupations in healthcare, management, construction, sales, etc. As of 2009, more than fifteen percent of the entire U.S. labor force were foreign born. Immigrant workers at times face problems at the workplace. They fall victim to unlawful discriminatory practices of employers. The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices recently released an information guide on what constitutes immigration-related discrimination and provided contact information to

report violations. In many cases, immigrant workers experience discrimination because of their national origin or citizenship status. For instance, a foreign-born job applicant applying for a position may not be legally denied the position because he/she has a foreign name or because he/she did not look “American”. An employer also may not base a hiring or a promotion on the worker’s accent if it does not materially interfere with the performance of the job. In other words, when making employment decisions an employer must treat all people equally and regardless of the individual’s place of birth, country of origin, native language, or their perceived nationality or ethnic background. Another type of discrimination that immigrants are subjected to is citizenship discrimination. An employer cannot treat a person differently

because of his/her citizenship or immigration status, but this presupposes that the individual is legally eligible to work. U.S. citizens, recent permanent residents, asylees and refugees are protected from this type of discrimination. A “U.S. citizen only” hiring policy is illegal unless it is needed to comply with law or government contract. If a qualified green card holder applies for the job but is rejected because of such a policy, the employer may be liable for back pay and civil penalties. In 2010, a restaurant franchise operator settled a discrimination complaint for $20,000 in back pay and civil penalties after refusing to hire a non-U.S. citizen. The employer had a policy of not hiring immigrants so the employer’s human resources personnel rejected all applicants who sounded or appeared foreign. It is also discrimination for

an employer to require a worker to present his green card and refuse any other proof of identity and work authorization (such as a valid driver’s license together with an unrestricted social security card) before allowing the worker to begin employment. This practice is an example of document abuse and is usually committed in the I-9 verification process. The employer cannot demand specific documents, require the employee to give more documents than necessary, or reject reasonably genuine-looking documents that relate to the worker. Retaliation by the employer is also prohibited. An individual may not be penalized for opposing discrimination, filing a complaint, or cooperating in a discrimination investigation or lawsuit. Many government agencies at the federal, state and local levels enforce anti-discrimination laws. The Equal Employment Opportunity Commission (EEOC)

is in charge of enforcing federal workplace anti-discrimination laws, except citizenship and immigration status discrimination which is handled by the Office of Special Counsel at the Department of Justice. Those who believe that they were unfairly or unlawfully discriminated against should call the Office of Special Counsel hotline at 800-2557688 and consider filing a complaint. Time limitations and the size of the employer may determine if and where they can file the complaint. Although their remedies may be limited, undocumented workers can also file a complaint with the EEOC. However, because of their lack of work authorization they are vulnerable to retaliation so they are advised to consult an attorney if possible. REUBEN S. SEGURITAN has been practicing law for over 30 years. For further information, you may call him at (212) 695 5281 or log on to his website at www.seguritan.com

PHILIPPINE NEWS

US OKs Transfer of 2nd Warship to Phl from www.philstar.com

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ANILA, Philippines (AP) — The US Congress has approved the transfer of a second Coast Guard ship to the Philippines, an official said today as Washington shifts its military ties with the Southeast Asian nation that has been engaged in a territorial spat with China. In the past, US cooperation with the Philippines has focused mostly on counterterrorism, but it has recently expanded to building up the country's moribund navy. Assistant US Secretary of State for Political-Military Affairs Andrew Shapiro told reporters Friday that he will consider a Philippine request to have the warship turned over with as much military equipment as possible. "I'm pleased that the congressional notification period for a second Coast Guard cutter expired this week, so that means Congress has now approved the transfer ... to the Philippines, which will further help Philip-

pine security needs," he said after talks with Filipino defense officials in Manila. The ship — the second such delivery since last May under the 1951 Mutual Defense Treaty — is just one of many defense projects that the US is discussing with the Philippines. That comes in addition to having American ships regularly visit and refuel in Philippine ports, rotating US troops in the southern Philippines where alqaeda-linked Muslim militants are active and holding large-scale joint military exercises. China has said that it views with concern the increased US military engagement with the Philippines and balked at what it sees as Washington's interference in the South China Sea dispute. The Philippines, Brunei, Malaysia, Vietnam and Taiwan all have conflicting territorial claims over potentially gas and oil rich islands with the Asian superpower. The Philippines last year accused Chinese vessels of harassing its oil exploration ships and laying claim to areas within its territorial waters.

Shapiro reiterated the US policy that it takes no position on the claims by any of the parties, that disputes should not be resolved through the use of force and that its defense cooperation with the Philippines is not directed against any one country. But he also said that his government is committed to helping the Philippines in its security needs and "fully intends to meet its obligations under the Mutual Defense Treaty." The increased focus on strengthening Philippine naval assets, which have lagged behind those of its neighbors and are no match to China's superior military, comes a decade after American troops started training Filipino soldiers and sharing intelligence with them in a campaign to rout out al-qaida-linked militants. They are blamed for a series of bombing attacks and kidnapping sprees mostly in the country's southern island provinces. "Traditionally our focus was on helping the Philippines address the internal security threat," Shapiro said. "Given the progress

that the Philippine forces and police have made addressing the threat, we're now at a point when both our governments believe we can transition our support towards helping them in maritime security issues." Still, he said he did not anticipate any immediate changes in redeploying about 600 US

Special Forces troops in the southern Philippines. Shapiro also ruled out any intention to re-establish US bases in the Philippines following a 1991 historic vote in the Philippine Senate to close them down, nearly a century after the United States claimed the islands from Spain.


14  haWaII FIlIpIno ChronICle  FeBruarY 18, 2012

PHILIPPINE LANGUAGE

Taldiap Ti Ilocos Surian association of hawaii (ISah) Ti Maikatallopulo ket lima Nga anibersariona ILOKO By Amado I. Yoro pagisu a tallopulo ket lima a tawen ti Ilocos Surian Association of Hawaii no Pebrero 2012. Nabangon idi Pebrero 27, 1977 babaen iti 22 a tattao a nangibagi iti nadumaduma nga ili iti Ilocos Sur kas kada Manuel Cabacungan, Fred Saludes, Pacita Saludes, Amado Yoro, Sinait; Francisco Ugale, Bert Ugalino, Mike Ulibas, Francisco Ponce. Magsingal; Leon Flores, Sta Catalina; John quiocho, Elvin quiocho, Julio quiocho, Jr., Caoayan; Peter Aduja, Felipe Abinsay, Jr., Mario Albalos, Vigan; Ernie Cardenas, Santa; Macario Manzano, Narvacan; Art Perez, Sta Maria; Johnny Villanueva, Candon; Mel Europa, Annie Lugmao, Sonia Lugmao, San Esteban. Dagiti immuna nga opisiales a pinagsapata ni Consul Purisimo de Peralta idi Marso 27, 1977 idiay Holiday Inn-Airport da: Atty. Peter Aduja, presi-

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dente; Mel Europa, umuna a bise; Pacita Saludes, maikadua a bise; Annie Lugmao, sekretaria; Francisco Ugale, tesorero; Mario Albalos, katulongan a tesorero; Amado Yoro, auditor; Mike Ulibas, manarawidwid; Ernie Cardenas, Bert Ugalino, Francisco Ponce, public relations officers; Elvin quiocho, Jun Abinsay, Johnny Villanueva, sarhento de armas. John quiocho, mamagbaga. Ania ti signipikante ti selebrasion ti ISAH itoy a Pebrero 2012? Saan a makideman dagiti dua a matami ti kinapateg ti Pebrero 27, 1977. Nasiputanmi, wenno naikuyogkami ti panagdaliasat ti ISAH kadagiti agingga kadagitoy nga aldaw. Saan a mailibak, adda met dagiti dalluyon, ti ugot ken atab, ngem gapu kadagiti agtitinnulong nga ima, ulo ken kakuykuyog ti kuarta, nupay saan amin a gannuat ket balligi, ngem adu dagiti balligina a taliawen ken bigbigen itoy nga anibersariona. Nagsisinnublatan dagiti presidente ti pannakatimon ti

ISAH. Adda bukod nga estilo, wagas ken panangiturong tunggal maysa. Ni Danny Villaruz, tubo ti Rancho, Santa, Ilocos Sur ti agdama a presidente. Taldiapantayo ti agdama a komunidad. Ti ISAH ti maysa a kaatibuan a gunglo iti OFCC/UFCH ken iti komunidad ita.Mairaman a proyekto ti ISAH: Mrs. Ilocos Surian contest Nancy Clemente Luat, Helena Puerte, Davelyn quijano. Partisipasion iti Filipino Centennial Celebration 2006; Filipino Fiesta Parade idi May 10, 2008; Float Committee a nangiladawan kadagiti immuna a First 15 Filipino Sakada : Elias Yoro - Sinait; Philip Alcain Vigan; Ruben Gutierrez Magsingal; Louie Funtanilla Narvacan; Mel Calpito Cabugao; Al Sabangan Cabugao; Danilo Basconcillo Santa; Dr. Perfecto Vera Cruz San Juan Lapog; Elpidio Antolin -San Juan Lapog; Amado YoroSinait; Art Abinsay – Vigan. Saan a paudi ti ISAH a mangyusuat wenno tumulong kadagiti fundraising drive nga

agpaay kadagiti biktima ti kalamidad pakaibilangan ti Typhoon Feria, Filipino Community Center, OFCC/UFCH Community Forum, Minority Organ Tissue Transplant & Education Program [MOTTEP], programa ti Institute of Human Services [IHS] iti feeding the homeless, Adopt a Hwy, Hawaii Food Bank, dadduma. Kangrunaan ti Medical Mission nanipud tunggal Disiembre 2005, 2007, 2009 ken 2011 kadagiti nadumaduma nga ili iti Ilocos Sur ken Ilocos Norte. Adda Ilocos Sur Idol; GILAS, pannakasangaili da hosting Senador Jinggoy Estrada ken SPM Zuriel Zaragoza idi Mayo 22, 2008 – Empress; Green Revolution Contest, Best Decorated house iti paskua. Tema wenno slogan ti ISAH: “Working Together to Rebuild our Communities Here and Our Homeland” Dagiti nagpresidente: Peter Aduja, John quiocho, Mario Albalos, Dr. Sid Villafuerte, Peping Billena, Rey Custodio, Ben Cabreros, Julio quiocho, Jr. Kaudian ken kabaruanan a proyekto ti ISAH ti pannakabuangay ti “The President Elpidio quirino Humanitarian Award” a mangbigbig kadagiti kameng ti ISAH ket dagiti dua a kangrunaan nga awardees da Dr. Charlie Yadao Sonido ken dati a representante Jun Abinsay a napadayawan idi Agosto 27, 2011. Kas ninamnama, balligi ti imbunga dayta a proyekto ket manamnama a maaramid daytoy a regular a proyekto ti ISAH. Adu ti annak ti Ilocos Sur iti agnaeden iti Hawaii ket adda

dagiti naballigi iti nadumaduma a tay-ak a pakairamanan iti edukasion, ekonomia, gobierno, politika, siensia, medisina, literatura ken kultura, publikasion, warnakan, negosio, radio, media, sports, ken adu pay. Sakbay a nagpresidente ni Villaruz, bigbigentayo dagiti adu a proyekto nga inyusuat ken inaramid ti ISAH. Pakontes ti Miss Ilocos Surian; Cultural presentation, Sports Festival, pannakaaramid ti opisial a logo, pannakaikamengna iti OFCC/UFCH, kdpy. Umuna a Miss Ilocos Surian ni Deborah Obrero, simmaruno da Carol Cortes, Alma Alonzo, Florence Cabrera, Ann Cabreros. Angayen ita a Pebrero 7, 2012 ti kada dua a tawen nga eleksion. Dagiti agdama nga opisial ti Ilocos Surian Association of Hawaii: Danny Villaruz, presidente; Maria Etrata, umuna a bise; Estrella Pada Taong, maikadua a bise; Loida Alimboyoguen Yamamoto, recording secretary; Davelyn Ancheta quijano, Corresponding secretary; Rose Sabangan, tesorera; Lina Mercado, katulongan a tesorera; Lynne Gutierrez, auditor; Alice Castaneda, katulongan nga auditor; Bernadette Fajardo. Antonio Ipalari, PRO Sarhento de armas da: Art Abinsay, Philip Alcain, Cesar Fajardo, Al Sabangan, Paul Taong Mamagbaga da: Felipe P. Abinsay, Jr., Ben Cabreros, Romy Cachola, Pio Enrico, Louie Funtanilla, Ted Saribay, Charlie Y. Sonido, MD, Carlito Soria, Ignacio Torres, MD, Amado I. Yoro Kodus to ISAH. Ituloymo ti aglayag !


FeBruarY 18, 2012   haWaII FIlIpIno ChronICle  15

C OMMUNITY C ALENDAR

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B USINESS D IRECTORY

MAINLAND NEWS

US Court Gives Mrs. Lapid More Time to Prepare for Case

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HICAGO – The United States District Court in Las Vegas, Nevada granted on Tuesday the motion of Sen. Lito Lapid’s wife Marissa for “additional time to conduct legal research and factual investigation” of the $50,000 bulk smuggling charge filed against her by the US government. Magistrate Judge Peggy Leen reset the preliminary hearing scheduled last Feb. 7 to April 9 at Courtroom 3B in the US District Lloyd D. George Federal Courthouse in Las Vegas. Natalie Collins, spokesperson for the US Attorney’s office in Las Vegas, provided this reporter a two-page order issued by Judge Leen, saying, “denial of this request would result in a miscarriage of justice, and would deny the parties reasonable time necessary for effective preparation, taking into account the exercise of due diligence. “The Court grants this request for continuance on the basis of finding that the ends of justice served by this continuance outweigh the best interest of the public and defendant in a speedy trial and indictment.” Eliot Krieger of Jarvis, Krieger & Sullivan based in Long Beach, California and its affiliated law firm in Las Vegas Back Law Firm, represented by Michael Mascarello that were retained by Lapid, agreed to a joint stipulation with US Attorney Daniel Bogden, represented by Assistant US Attorney Michael Chu, that the preliminary hearing last Tuesday be continued on a date and time convenient to the Court, but not less than 60 days from the date currently set for the preliminary hearing.

The postponement of the preliminary hearing that will determine probable cause would enable the defendant to seek additional time to conduct legal research and factual investigation of the allegations set forth in the complaint. In addition, the parties might seek to conduct negotiations that may resolve this case. Krieger said that although Lapid is out on a $500,000 property bond, she could not leave the perimeter of Clark County, which encompasses Las Vegas, without court permission. Lapid was questioned when she arrived at the Las Vegas airport last Nov. 27, 2010 when she failed to disclare that she was bringing into the US more than $50,000 in US currency and more than P10,000 ($356) in violation of US anti-smuggling law that could be penalized with a maximum five years in jail and a fine of $250,000 and forfeiture of the seized money. There is really nothing wrong with bringing in or out of the US more than z$10,000 for as long as the bearer will declare the actual amount and could prove the legitimacy of the source of the money. The pending case against Lapid would likely clear up her US immigration status. When Lapid waived her Miranda rights by cooperating with the US Customs and Border Protection (CBP), she told Albert Giangregorio, Special Agent for the US Immigration and Customs Enforcement (ICE), that she was applying “as a Lawful Permanent Resident” upon her entry. Krieger said that when Lapid en-

tered the US last Nov. 27, she was a holder of a Green Card. Lapid was released by CBP authorities shortly after her arrival without any charges. When Lapid returned to the Philippines, the US Department of Homeland Security invited her to return to Las Vegas, Krieger said. “She was free to come and go until Jan. 5th (2012) when she returned to Las Vegas when charges were filed against Mrs. Lapid. We will vigorously and aggressively defend her rights.” A complaint of “probable cause affidavit” unsealed by the US District Court of Nevada in Las Vegas showed that on Nov. 27, 2010 after Lapid “presented a completed and a signed CBP Form 6059B, she stated she was not carrying currency or monetary instruments over $10,000 in US currency or a foreign currency equivalent.” When pressed again by a CPB officer Johnson, Lapid admitted she had additional P10,000 ($356). The affidavit said that when Johnson “unzipped the baggage,” it led to the discovery of two socks containing $10,000 each, totaling $20,000, and one cloth bag containing an additional $20,000 “concealed beneath the bag lining.” The discovery “represented an additional $40,000 over Lapid’s written and verbal declarations.” When asked what the additional money was for, Lapid reportedly responded, “I’m sorry, It’s for my house.” CPB officers seized the $50,000 from Lapid in violation of bulk smuggling regulations and returned the remaining $439 back to her for h u m a n i t a r i a n  r e a s o n s .

(www.philstar.com)

GLOBAL NEWS

37 Filipinas to Arrive from Syria today

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ANILA, Philippines - The Department of Foreign Affairs (DFA) announced that a total of 37 Filipinas from Syria will arrive in Manila today, the Department of Foreign Affairs announced. Olivia Palala, Charge d' Affaires of the Philippine Embassy in Damascus, said that the Filipinas will arrive at around 4:15 p.m. at the Ninoy

Aquino International Airport via an Etihad Airways flight. Seventeen of the Filipino repatriates were also distressed women who were temporarily sheltered at the embassy's halfway house while negotiations with their Syrian employers and with the Syria authorities were conducted for the issuance of their exit visas. Foreign Affairs Secretary Albert

del Rosario has deployed to Syria last Sunday a Rapid Response Team composed of DFA, Department of Labor and Employment (DOLE) and the Philippine National Police (PNP) personnel to help in the repatriation of overseas Filipino workers in conflict areas especially in Homs. The DFA said that the arrival of the 37 Filipinas would bring to 913 the total number of Filipinos repatri-

ated from Syria since March 2011. The DFA raised crisis alert level 4 in Syria on December 22, and called on Filipinos in the country to go home in light of the escalating tensions there. Under crisis alert level 4, mandatory repatriation at the expense of the Philippine government will be implemented. (www.philstar.com)


16  haWaII FIlIpIno ChronICle  FeBruarY 18, 2012


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