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aPRil 19, 2014  haWaii filiPino chRonicle  1

2011 ♦ FEBRUARY 2014 ♦ APRIL 19,19, ♦ ♦

CANDID PERSPECTIVES

NEwS FEATURE

LEGAL NOTES

Pacquiao's Real Genius is in The RinG, noT PoliTics

suPeRTyPhoon haiyan – a PosT-MoRTeM

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FROM THE PUBLISHER

EDITORIALS

Taking the High Road in West Philippine Sea Dispute

he Philippines is at odds with China over control of the West Philippine Sea, a vast expanse of ocean encompassing 3 million square kilometers and teeming with marine life and natural resources like oil, natural gas and other minerals. Both countries have laid claim to the territory but have taken different approaches to resolving the dispute. In 2009, China cited the “Nine-Dash Line” map in which it claimed the entire West Philippine Sea. It has resorted to nothing short of bullying tactics, sending warships to the area to confront Philippine fishing vessels in a brazen display of power. China is essentially claiming areas that are physically closer to countries like Taiwan, Vietnam and the Philippines. For example, the Ayungin Shoal is located some 105 miles off Palawan but about 1,000 miles from the closest Chinese land mass. In contrast, the Philippines has taken a conciliatory approach, bringing the matter before an international tribunal in accordance with the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in hopes of a peaceful and just resolution. Ratified by 85 percent of the entire membership of the United Nations’ entire membership, including China, UNCLOS is the primary international law governing the use of the planet’s oceans and seas. China, however, has refused to participate in the case. Nevertheless, the Philippines did the right thing in filing an arbitration case against China for its bullying tactics, which has no place among responsible members in the community of nations. If military confrontation between the two nations were to occur, the U.S. would be obligated to consider military action under defense treaties. We hope it never comes to an armed conflict, particularly since there is so much to lose. The international community must continue to urge China to desist from its aggressive actions and resort to constructive dialogue. In short, leaders of nations with a stake in the area—China, Japan, Vietnam, the Philippines and the U.S.—need to continue pursuing a compromise that’s just and agreeable to all, if we are to secure future peace and prosperity for the region.

Tread Carefully On Proposal to Extend GET Surcharge

uring meetings with federal transportation officials and lawmakers last week in the nation’s capitol, top City officials floated the idea to make the rail tax permanent. The State Legislature under Act 247 Hawaii Session Laws 2005 authorized the City to levy a surcharge of one-half percent on the state general excise and use taxes (GET) to fund the $5.2 billion rail project. Collection began on January 1, 2007 and is to sunset on December 31, 2022 when rail construction ends. As of February 2014, the total amount collected was roughly $1.2 billion, or about $170 million per year. Now, Honolulu Mayor Kirk Caldwell has proposed keeping the GET in place to generate additional funds that could be used to pay for operation and maintenance (O&M) of the system and to possibly extend the line to the University of Hawaii-Manoa campus. However, rail officials have expressly stated that roughly one-third of O&M costs would be borne by passenger fares and the rest paid out of the City’s annual budget—and not from the GET surcharge.

appy Easter! We hope that you and your family will enjoy a special Easter Sunday, whether at church, an egg hunt or a special Easter brunch. Hawaii remains deeply rooted in the Christian tradition despite fluctuating levels of faith and church attendance, and many kamaaina—while certainly not perfect—strive to live their lives according to Christian principles passed down over the generations. First off, congratulations to the Pacman for his unanimous decision over Timothy Bradley last April 12th! Manny Pacquiao not only avenged a loss in 2012 to Bradley but also proved at age 35 that he still has a lot left in the tank. He continues to make Filipinos the world over proud to be pinoy. In his “Candid Perspectives” column, award-winning journalist Emil Guerrero writes about the Pacman’s latest victory and whether he should retire and consider a run for president. Turn to page 3 for more of Emil’s take on the Pacman’s future. Our cover story for this issue was written by Maita Milallos who delves into the conflict between the Philippines and China in the West Philippine Sea. Maita has over 10 years of experience in U.S.-Philippine security relations, as well as studying and researching maritime disputes in the region. In an exclusive interview last month with Philippine Foreign Affairs Secretary Albert F. del Rosario, she asks him the best options available for the Philippines for a peaceful resolution to the dispute. We hope you will enjoy reading her well-written and informative story beginning on page 4. In other news, efforts to assist Typhoon Haiyan victims are on-going. The Congress of Visayan Organizations (COVO) signed an agreement with Gawad Kalinga-USA to rebuild two villages in Leyte and Bohol that were devastated by recent natural disasters (see page 10). Dr. Lindy Aquino’s article entitled “Supertyphoon Haiyan—A Post-Mortem” (page 9) recaps the events of the past six months and the outpouring of local and international support for victims. This issue contains other stories and columns that we hope you will take time to read. As always, we invite you to contact us at: filipinochronicle@gmail.com with any story ideas, tips or concerns regarding Hawaii’s dynamic and vibrant Filipino community. Our sincerest thanks to all of you for reading and faithfully supporting the Hawaii Filipino Chronicle—the state’s leading Filipino newspaper! 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 Contributing Editor Belinda Aquino, Ph.D. Creative Designer Junggoi Peralta Photography Tim Llena Administrative Assistant Shalimar Pagulayan Columnists Carlota Hufana Ader Sen. Will Espero Grace F. Fong, Ed.D Emil Guillermo Ruth Elynia Mabanglo, Ph.D. Ron Menor 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 Clement Bautista Teresita Bernales, Ed.D Serafin Colmenares, Jr., Ph.D. Linda Dela Cruz Fiedes Doctor Danny De Gracia, II, MA Carolyn Weygan-Hildebrand Amelia Jacang, M.D. Caroline Julian Federico Magdalena, Ph.D. Deborah T. Manog Maita Milallos Paul Melvin Palalay, M.D. Lilia Q. Santiago, Ph.D. Jay Valdez, Psy.D. Glenn Wakai Amado Yoro Philippine Correspondent Greg Garcia Big Island Distributor Grace Larson Ditas Udani Maui Distributor Cecile Piros

The timing of Caldwell’s suggestion to extend or make the GET collection permanent is particularly bad. While construction on the project has ramped up considerably in recent months, it has not yet reached the point where rail’s columns and guideways are clearly visible to the public. In hindsight, it would have been better to at least wait until the first leg from Kapolei to Pearl Highlands is up and running before seriously entertaining such talk. Even then, any GET surcharge extension would be tough sell to not only the taxpaying public but also members of the State Legislature and City Council who must approve such a proposal. The Honolulu Authority for Rapid Transit (HART) needs to provide more updated information on operational costs, ridership projections and other rail funding details. The majority of the current City councilmembers were unfortunately not around when key decisions were made on the rail project. It would be to their advantage, and their constituents, to start asking the hard questions, which have been clearly lacking since several lawsuits that were filed to halt the project were recently dismissed. Our elected officials need to continue holding HART’s feet to the fire and also hold the line on costs involved with this massive public works project.

Molokai Distributor Maria Watanabe Advertising/Marketing Director Chona A. Montesines-Sonido Account Executives Carlota Hufana 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 2006-2014. 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

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aPRil 19, 2014  haWaii filiPino chRonicle  3

CANDID PERSPECTIVES

Pacquiao’s Real Genius is in the Ring, Not Politics By Emil Guillermo anny Pacquiao’s championship regained was the ideal Easter story for Filipinos everywhere. It is a tale of redemption and resurrection rolled into one, of how the world’s most famous Filipino comes back from a defeat of two years ago to Timothy Bradley and regains his lost WBO welterweight championship belt. Or maybe you would rather see those flagellants and crucifixion recreators in San Pedro Cutud? No, there was enough blood on bare skin in last week’s Pacquiao-Bradley rematch. And now it’s a fight that has me rethinking my campaign to preserve Pacquiao’s brain— the idea that he retire from boxing so he would have something left to be president of the Philippines. Doesn’t he need at least half a brain to be as good as Gloria or Erap? But after last week, I’m reconsidering. To heck with politics— Pacquiao can still fight. I actually started thinking about Pacquiao’s future back in 2008 when Barack Obama began his bid for the U.S. presidency. I saw the rock star

treatment he received when visiting Europe and couldn’t help but notice similarities to Manny Pacquiao and how he was received worldwide. This was especially true after that “turn the lights off” knockdown of Ricky Hatton in 2009. That victory accelerated Pacquiao’s immense fame where he was being hailed as one of the most influential people in the world. Naturally, it led me to dub the Philippine congressman as the “Philippines’ Obama.” It’s been five years since that Hatton match, and both Pacquiao and Obama have taken their lumps. But Pacquiao especially has lost a little luster. In the last Marquez fight (there have been too many), Pacquiao was knocked down and seen face down on the mat for more than a few seconds, enough for people to wonder “Is he dead?” It just seemed to add more doubt to the arc of his story, especially after losing that first Bradley fight in 2012,

when Pacquiao seemingly won in the ring, but not on the score cards. It was like having an election stolen from you, which is really saying something if boxing has less integrity than an election in the Philippines. The first PacquiaoBradley fight forced me to impose my own personal moratorium on pay-per-view boxing as no different from wrestling. As for Pacquiao, I thought it was time for him to re-focus on life after the ring as a fighter for the people. The truth is that the Philippines needs the kind of unifying, charismatic force that is Pacquiao. That’s what leaders are made of. Because of that, with each a n d e v e r y fight, I’ve rou-

tinely called for Manny to stop. In the last five years, Pacquiao hasn’t exactly distinguished himself as a statesman. And while the notion of public servants helping the people always sounds good, I’m all for people using their true gifts. After last weekend’s Pacman-Bradley 2, is there any doubt that at age 35, Pacquiao’s gifts are meant for the ring and the ring alone? Recently, I had lunch with a prominent Filipino-American on the East coast. At the mere mention of Pacquiao’s name, she acknowledged his mythic folk-hero status. But when I talked of him as presidential material, I was surprised that my lunch mate wasn’t too keen on Pacman. She said having an entourage of 100 who make you their meal ticket is not being a leader. Indeed, she was more concerned that the wrong people would have too much influence in a Pacquiao-led

administration. That assessment stuck with me as I watched, and then re-watched Pacman-Bradley 2 on video. Pacquiao did not disappoint. To truly appreciate boxing as a pugilistic ballet, next time, record the fight and watch it in slow motion. When slowed down, you see how the bodies bob and duck, and how smashing the choreography of fist-to-face can be. It’s orchestral magic when Pacquiao lands a fist squarely on his opponent’s face. I concede. In the political arena, Pacquiao is pretty ordinary. But in the ring, he’s an inspirational genius. Unfortunately, you can’t say that of too many people in politics these days. Happy Easter to all! eMil GuilleRMo, an award-winning journalist and winner of an American Book Award, was an editorial board member of the Honolulu Advertiser.

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COVER STORY

Trouble Brewing in the West Philippine Sea By Maita Milallos

ast March 30, 2014, the Philippine government filed a legal case against Beijing with the Permanent Court of Arbitration in The Hague. The submission includes 4,000 pages and 40 maps that detail the basis of the Philippines’ territorial claim over the West Philippine Sea. At the heart of the legal brief is the Second Thomas Shoal, known as Ayungin in the Philippines, and Ren’ai Reef in China. Ayungin lies about 120 miles from the Philippines and 700 miles from southern China. Ayungin is among the hundreds of mostly uninhabited small islands, islets and rocks that make up the South China Sea. The sea is a vast expanse of water covering more than 3 million square kilometers in the western part of the Pacific Ocean. The biggest islands can be found in Paracel and Spratly. The South China Sea is home to some of the world’s biggest coral reefs, has potential for oil deposits and natural gas, and serves as a main maritime link between the Pacific and Indian oceans, giving the area tremendous significance in terms of trade and military value.

China and Taiwan claim nearly all of the sea, while the Philippines, Vietnam, Malaysia and Brunei have overlapping claims to parts of the area. China’s claim is based on a historical map of “nine dashes” that approaches the coast of other claimant countries. The rivalry in the South China Sea is potentially dangerous given China’s history of using force and harassments and intimidation in stand-offs at sea over disputed islands and rocks. China gained control of the Paracel Islands in 1974 and seven islands in the

Spratly in 1988 after a naval battle with Vietnam that killed scores of Vietnamese military personnel. In 1995, China built structures in the Mischief Reef, well within the Philippines’ exclusive economic zone. Scarborough Shoal was seized from the Philippines in 2012. Last March 31, a tense two-hour stand-off ensued when a Philippine civilian vessel successfully slipped past Chinese Coast Guard ships to reach Ayungin. The Chinese Foreign Ministry warned that the Philippines will face consequences caused by its provocations. In an email interview last March 23rd, the Hawaii Filipino Chronicle solicited the thoughts of Philippine Foreign Affairs Secretary Albert F. del Rosario on China and the available options facing the Philippines for a peaceful resolution to the territorial and maritime disputes in the West Philippine Sea. The following responses were edited for space and clarity. q: Why is the West Philippine sea an important issue for the Philippines? A: The core issue is China’s nine-dash line which is an excessive and expansive claim and is in gross violation of international law. The Philippines has long noted China’s acts of intimidation and coercion, which are intended to force a change in the

Department of Foreign Affairs Secretary Albert F. del Rosario

Photo courtesy of Department of foreign affairs

status quo in the West Philippine Sea. Such acts not only threaten our national security but also regional peace and order, and the freedom of navigation and unimpeded lawful commerce in these waters. The Philippine arbitration case is very significant because it has far-reaching implications not only on the concerned parties themselves, but also the international community. For China, it will finally clarify for its constituents its maritime entitlements in the South China Sea under the United Nations Convention on the Law of the Sea (UNCLOS). For the Philippines, it will clearly define what is ours, specifically the maritime entitlements under UNCLOS with regard to fishing rights, rights to resources, and rights to enforce laws within the Exclusive Economic Zone (EEZ). For ASEAN and the rest of the global community, the clarification of maritime entitlements under UNCLOS would assure peace, security, stability and freedom of navigation in the region. q: Why was the south china sea renamed as the “West Philippine sea”? does it refer to a specific spatial or geographic demarcation? how does this strengthen the Philippines’ claims to the area? A: It is an assertion of our

sovereign jurisdiction over our exclusive economic zone and an expression of our resolve to defend what is ours. Per Section 1 of Administrative Order 29, series of 2012, the West Philippine Sea includes “the Luzon Sea as well as the waters around, within and adjacent to the Kalayaan Island Group and Bajo De Masinloc, also known as Scarborough Shoal.” It is also consistent with the Philippine government’s stand that maritime entitlements should be governed by international law, particularly UNCLOS. q: What is the driving force behind china’s increasingly aggressive stance in the West Philippine sea? A: China seeks control of the South China Sea for economic and strategic reasons. First, accessing the marine resources and hydrocarbons in that area is considered critical to the Chinese economy. Second, controlling the South China Sea is a realization of China’s desire to be a naval power. q: china has refused to participate in the international tribunal that is looking into the complaint filed by the Philippines questioning the legality of china’s territorial claim in the West Philippine sea. Why did the Philippines bring the issue to the inter(continued on page 5)

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

national tribunal? What are the chances that the final ruling will be in favor of the Philippines? What recourse is there for the Philippines if china refuses to acknowledge the ruling of the international tribunal? does the Philippines have any leverage on china at all? A: China’s forcible occupation of the Philippines’ Bajo de Masinloc in 2012, its unlawful infringement on the legitimate sovereign rights of the Philippines to undertake economic activities in the Philippines’ legitimate maritime zones, and its imposition of unilateral measures that aim to advance its nine-dash line claim of undisputed sovereignty over nearly the entire South China Sea are some of the reasons why the Philippines decided to resort to compulsory arbitration under UNCLOS. Moreover, the Philippines believes that in the face of

The rusty but brave BRP Sierra Madre has been aground on the disputed shoal, which is known as the Ren’ai reef in China and the Ayungin Shoal in the Philippines, since 1999

China’s relative power, it is better to have the disputes settled by international law—the great equalizer. If China wishes to maintain its standing as a responsible member of the international community, it must abide by the ruling of the Arbitral Tribunal. q: What can be done to bring the issue to a peaceful resolution? should the Philippines strengthen its alliance with the u.s. or establish a higher level of communication with china

to avoid further damage to the two nations’ relationship? should the Philippines continue to commit to asean despite a lack of political will to diffuse and preempt problems in the West Philippine sea? A: The Philippines has pursued a rules-based approach to the West Philippine Sea Dispute. This approach is constituted by three tracks— diplomatic, political and legal. For the diplomatic track, it should be noted that since the standoff at Bajo De Masinloc

in 2012, the Philippines has met with China over 50 times, yet a solution remains elusive. However, the Philippines continues to engage China through regular diplomatic channels in hopes that China would soon reverse its assertive stance and instead resort to constructive dialogue. For the political track, the proposed legally binding Code of Conduct for the South China Sea is being negotiated within the framework of ASEAN. ASEAN must continue to play a central role in the resolution of this issue because its implications are bound to affect the region as a whole. For the legal track, the Philippines submitted the issue for international arbitration last year. We are pursuing the legal track because we believe it is a friendly and peaceful means through which a just and durable solution to the dispute could be found. The three tracks just mentioned are complemented by

HAWAII-FILIPINO NEWS

Philippine Consulate Leads 72nd Araw ng Kagitingan

n April 9, over 150 people comprising officials and representatives from state government, the U.S. Pacific Command (PACOM), Filipino-American veterans groups, media and members of Hawaii’s Filipino community gathered at Punchbowl Cemetery for Araw ng Kagitingan—a memorial ceremony honoring the sacrifices of Filipino and American veterans of World War II. Organized by the Philippine Consulate General in Honolulu, the ceremony was attended by Gov. Neil Abercrombie; Maj. Gen. Anthony Crutchfield, U.S. PACOM chief of staff; members of the Consular Corps of Hawaii; and members of the State Legislature, including Senate President Donna Mercado Kim, House of Representatives Vice Speaker John Mizuno, Sen. Clarence Nishihara and Representatives Henry Aquino and Ty Cullen. Atty. Francis N. Tolentino,

chairman of the Metropolitan Manila Development Authority (MMDA) who also holds the rank of full colonel in the Philippine Army, was the guest speaker. In his remarks, he reiterated the need to honor the memory of our fallen and living veterans whose selfless sacrifice paved the way for our freedom. Consul General Julius Torres, Gov. Abercrombie, Maj. Gen. Crutchfield and National Memorial Cemetery of the Pacific Director James Horton also gave inspiring remarks. Messages from U.S. Senators

Brian Schatz, Mazie Hirono and Representatives Colleen Hanabusa and Tulsi Gabbard were also read during the ceremony. Consul General Torres and Chairman Tolentino then led the guests to the Philippine Memorial Marker where wreaths were laid in honor of the fallen soldiers of World War II. The marker is a piece of rock taken from Malinta Tunnel in Bataan and was installed in 2006 during the visit of then President Gloria MacapagalArroyo in commemoration of the 60th Anniversary of Philippine-American Friendship. The memorial rites concluded with the playing of taps and a memorial gun salute. The Araw ng Kagitingan is held annually on the anniversary of the Fall of Bataan and the Bataan Death March, which claimed nearly 10,000 Filipino and American lives in April 1942. This year marked the 72nd Anniversary of the Fall of Bataan.

enhancing our defense relations with our allies. We continue to enhance our alliance with the U.S. not only to make it more responsive to security challenges but also to bolster our humanitarian assistance and disaster relief capabilities. The Philippines endeavors to maintain a constructive and mutually beneficial relationship with China. We maintain that our dispute in the West Philippine Sea is not the sum total of our relations. And to be truly viewed as a positive force, China must manifest its adherence to and respect for the rule of law. q: What is your opinion on china’s declaration that it has “indisputable sovereignty” over the West Philippine sea following the January 27th incident of chinese coast Guard firing water cannon at filipino fishermen in Panatag? A: We have always main(continued on page 8)

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HAWAII-FILIPINO NEWS

COVO Fundraiser to Help Rebuild Villages in Leyte, Bohol

h e C o n g r e s s o f Visayan Organizations (COVO) has signed a Memorandum of Agreement (MOA) with Gawad KalingaUSA to rebuild two villages in Leyte and Bohol that were devastated by recent natural disasters. Under the MOA, GKUSA has committed to a dollar-for-dollar match with funds raised by COVO to rebuild a village in Bohol where a 7.2 magnitude earthquake struck on October 19, 2013 and one in Leyte, which was devastated by Super Typhoon Haiyan. Both projects will bear the name “COVO Aloha GK USA Village.” Each village will have at least 20 houses. The villages are expected to be completed by December 31, 2014. Translated into English, “Gawad Kalinga” means “give care.” The Gawad Kalinga Community Development Foundation, Inc. (GK) was formally established in 2003, but the work began as early as 1994 in Bagong Silang, Caloocan City, the biggest squatter relocation site in Metro Manila. Since then, GK has been at the forefront of reconstruction work in postdisaster communities in the Philippines.

“We are honored to partner with the people of Hawaii and the COVO Foundation. We will work to establish two new villages to be built to provide dignity and a true spirit of community for those affected by the super typhoon and the earthquake in Bohol,” says Anthony Olaes, CEO and chairman of Gawad KalingaUSA. COVO officials thank the many big-hearted donors for making the rebuilding projects possible. “The success of our fundraising would not have been possible without the volunteers who selflessly donated their time, talent and resources and all the donors who generously gave monetary and inkind donations,” says May Mizuno, COVO president. State House of Representatives Vice Speaker John M i z u n o c o m m e n d e d h i s wife’s work that united the Filipino community for a charitable cause. “This touches our hearts on a very personal note, because our family members survived Super Typhoon Haiyan and they too are working to rebuild their home,” he says. “Our relief efforts focused on rebuilding housing projects in these devastated areas. Homes will be retrofitted to withstand fu-

ture typhoons. We believe this MOA brings our efforts full circle.” COVO Foundation President Jane Clement welcomes the opportunity to join hands with Gawad Kalinga-USA on the home-building project. “They are a credible organization with a solid track record in housing and community building,” she says. “Their generous dollar-for-dollar matching contribution made it possible for us to build more homes for families displaced by the earthquake and the typhoon. We are happy to provide just a little sliver of hope

Those present at the signing of an MOA between COVO and GK-USA include (from left, seated) May Mizuno, COVO president; Tony Olaes, CEO and chairman of the board of GK USA; and Jane Clement, COVO Foundation president. Standing are Consul General Julius Torres and House Vice Speaker John Mizuno.

to our kababayans in need who are still facing a very long and hard road to recovery.” COVO continues to raise funds for relief efforts follow-

ing Typhoon Haiyan and hopes to have similar opportunities in the future to help rebuild devastated Philippine communities.

Lawmakers to Debate Bill Giving Unprecedented Powers to Governor, Mayors

bill that would give Hawaii’s governor and county mayors unprecedented powers during natural or man-made emergencies is being debated by state lawmakers. Supporters of Bill HB 849 HD2, SD1 say it represents an important step for Hawaii to become better prepared for the unexpected and provides for a more coordinated management of emergencies and disasters. The bill was approved by the Senate’s Ways & Means Committee and will be debated in conference committee. Testifying in support of the bill were directors of several state departments, city and county agencies, HPD, American Red Cross and the HealthCare Association of Hawaii. Doug Mayne, vice director of State Civil Defense, says that Hawaii’s current civil defense statutes were written during the 1940s and need updating. Over time, civil defense authorities have been placed into at least four different chapters of the Hawaii Revised Statutes. Mayne told members of the Ways &

Means Committee at a March 28th hearing that the bill streamlines the law by placing all emergency management authorities in one chapter and also updates the language of the law. In written testimony, American Red Cross CEO Coralie Matayoshi says the bill clarifies roles and responsibilities of agencies involved with emergency management. “It is not if, but when the next catastrophic disaster will strike our islands, so having our emergency management strengthened and lines of coordination clarified is critical,” she says. “Being prepared can mean the difference between life or death, hopelessness or resiliency, business continuity or bankruptcy.”

Opposing testimony came from Ed Teixeira, former vice director of civil defense, who called the bill a “rushed and desperate attempt to reform the state civil defense system by a name change.” He recommends that the state place its emergency management agencies directly under the governor, rather than under the State Department of Defense and adjutant general, which places an unnecessary layer of responsibility and insulates the governor from day-to-day involvement of protecting residents and visitors. Senate and House conferees have until May 1 to approve a final draft. The bill is expected to be signed into law if it reaches Gov. Neil Abercrombie’s desk.

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LEGAL GUIDE

How Kerry Kennedy Won Drugged Driving Case By Atty. Emmanuel Samonte Tipon erry Kennedy is the ex wife of New York Governor Andrew Cuomo and daughter of the late Robert Kennedy, brother of President John F. Kennedy. I had the privilege of meeting Robert Kennedy at his office when he was Attorney General during a Yale Law School field trip for foreign scholars in 1961. On July 13, 2012, in New York, Kerry took Zolpidem, a generic version of the drug Ambien, a sleeping pill, then drove her Lexus SUV in an erratic manner, sideswiping a tractor-trailer, then stopped. She was found slumped over the steering wheel. She was charged with driving while impaired (DWI), a species of driving under the influence

(DUI). It is a misdemeanor. Most people with no fighting spirit would simply belittle the matter (it is a crime, not just a traffic violation) and plea bargain with the prosecutor hoping to get a slap on the wrist with maybe a fine, community service, attending a substance abuse program, installing an interlock device, and suspension of driver’s license. Many lawyers are happy to oblige. Easy money. Not much work. No thinking. But not our law firm. We will fight. We tell potential clients that if pleading guilty is their goal, go to another lawyer or go to court yourself and save money. In the Philippines what happened to Kerry would not have happened at all. Celebrities and rich people have drivers. Even drivers have their own drivers. Kennedys fight, especially when they believe they are right. Kerry believed that she was right.

Defense to Crime There are various defenses to crime ranging from “I didn’t do it” to “I did it but I have an excuse” like self defense or insanity. The defense of sleep-walking, intoxication, or under the influence of a drug would not work in Kerry’s case. She was charged precisely with driving under the influence of a drug. Besides such defenses are not acceptable in many states. They might be mitigating circumstances. Mistake of Fact Kerry testified that she took the Zolpidem pill accidentally. She mistook it for her thyroid medication. She said that she would not have taken a sleeping pill and then drive to go to the gymnasium. “I made a terrible mistake, a stupid mistake,” she said. This defense is called mistake of fact. As we discussed in a prior article on speeding and mens rea (mental state), a crime con-

HAWAII-FILIPINO NEWS

Waipahu Elementary Holds Annual Drug Free Walk Councilmember Menor and other participants in waipahu Elementary's Drug Free walk

ouncilmember Menor p a r t i c i p a t e d i n Waipahu Elementary School’s 2014 Drug Free Walk, which was held on April 2, 2014. The annual event is held by the school to promote the importance of education, mentoring and healthy lifestyle choices with a focus on drug prevention awareness. Before the start of the walk, Waipahu

Elementary’s Principal Gary Chun thanked participants for their involvement. Walkers included students, parents, teachers, legislators U.S. Navy divers, local firefighters and police officers. The Drug Free Walk is approximately one-mile long, starts along Waikele Road, and continues through Pupupuhi Street and Pupukahi Street and Farrington Highway. Partici-

pants included students, At the end of the walk, students were given “high fives” and served healthy snacks. “It’s important that we teach children the dangers of drugs and to help them to grow in the right direction,” says City Councilmember Ron Menor, who was among several hundred participants. “This walk sends a message that we care about them and that drugs is never the answer.”

sists of two elements – the physical act and the mental state. A mistake of fact affects the mental state. Where the defendant was laboring under a mistake of fact, the person does not have the mens rea necessary to subject the person to criminal liability. However, not every claim of mistake of fact will work as a defense. The mistake must be honest, real, and reasonable. Mistake of fact is not available as a defense in certain crimes such as those involving negligence or absolute or strict liability. An expert testified that certain sleeping pills make the person who takes them act like a zombie. These persons sleep walk and can perform certain actions even while unconscious. On February 28, 2014, the jury bought her defense and returned a verdict of “not guilty” in an hour after a 4-day trial.

obseRvaTion: In a post-trial interview, Kerry said that she won because she had good lawyers, spent time defending herself, and cared about the consequences of a criminal conviction. She spent thousands of dollars, prepared for 20 hours, and was in court and on the witness stand for 5 hours. She criticized the criminal justice system where people

simply plead guilty for something they did not do because they do not have the means to hire a good attorney and the time to fight the case since they have to go to work. She said that she is even more determined to fight for the causes that her father fought for – help the disenfranchised and the wrongly accused. The prosecutors were in a bind. If they did not prosecute Kerry, they would have been criticized for favoritism. If they prosecuted her, they would have been criticized as publicity seeking persecutors. They choose the latter course and lost. Damned if you do and damned if you don’t. aTTy. TiPon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He is originally from Laoag City and Magsingal, Ilocos Sur. Atty. Tipon specializes in immigration law and criminal defense. He served as an immigration officer and co-authored “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. His radio program airs Thursdays at 7:30 am on KNDI 1270 AM. He can be reached via mail at: 800 Bethel St., Suite 402, Honolulu, HI 96813, by telephone at (808) 225-2645 or by e-mail: filamlaw@yahoo.com. For more on Atty. Tipon, go online to: www.MilitaryandCriminalLaw.com. This article is a general overview of the subject matter discussed and is not intended as legal advice.

8  haWaii filiPino chRonicle  aPRil 19, 2014

COVER STORY (from page 5, TROUBLE...)

tained that China’s nine-dash line claim is baseless, expansive and contrary to international law. The Philippines strongly protests the acts of harassment and the manner by which these were committed by China to forcefully drive away Philippine fishing vessels from Bajo de Masinloc, which is an integral part of the Philippines and over which the Philippines exercises sovereignty, sovereign rights and jurisdiction. Philippine fishing vessels have been routinely, continuously and peacefully and sustainably fishing in Bajo de Masinloc. q: china is also embroiled in a dispute with Japan over the senkaku islands and has announced that it will defend “every inch” of its territory. is war likely to ensue between china and Japan? how will china’s actions over the senkaku islands influence the West Philippine sea? Will china go to war with the Philippines over the waters of the

Source: Joe burges, "territorial claims in South china Sea". images from the u.S. Department of State, office of the Geographer and published in new york times, May 31, 2012.

West Philippine sea? A: It is highly unlikely that Japan and China will deliberately go to war over those islands. However, the possibility of miscalculation is becoming higher as encounters between Japanese and Chinese maritime and aerial patrols increase. China’s actions in the East and South China Seas are part of one broad strategy to change the status quo in East Asia and firmly establish China’s position as a maritime power. We continue to urge China to respect the sta-

tus quo and desist from its face of seemingly insurprovocative actions. mountable odds. The overwhelming support of the q: in a recent survey com- Filipino public for the arbitramissioned by the depart- tion case and our rules-based ment of foreign affairs, the approach to the West Philipmajority of filipinos back pine Sea dispute proves that their government’s decision taking a principled stance, to confront china. are we one that is based on respectseeing an emerging national- ing the rule of law and pursuism among filipinos? how ing peaceful settlement of significant is this poll result disputes, strongly resonates in the search for peace in the with our people. Having been disputed region? given a strong mandate by the A: The Filipino people, Filipino people, the Philipthroughout our country’s his- pine government will contory, have always displayed tinue to pursue all peaceful patriotism especially in the means to find a just and

durable solution to the West Philippine Sea dispute. MaiTa Milallos is a graduate of the University of the Philippines and Rajaratnam School of International Studies in Singapore where she earned degrees in international relations and strategic studies. She has 10 years of experience as a research analyst and project coordinator at the National Defense College of the Philippines and at the Office of the Philippine President. Her res e a r c h i n t e r e s t s i n c l u d e counter-terrorism, civil-military relations, U.S.-Philippine security relations and territorial and maritime disputes in the South China Sea. In 2000, her graduate class visited Pag-asa Island, the second largest island in the Spratly that is occupied by the Philippines.

aPRil 19, 2014  haWaii filiPino chRonicle  9

NEWS FEATURE

Supertyphoon haiyan —a poSt-MorteM By Belinda A. Aquino, Ph.D.

t has been nearly six months since Supertyphoon Haiyan (Yolanda) rained unimaginable death and destruction in the Central Philippines, particularly in the Eastern Visayas region and Leyte’s capital city of Tacloban. Haiyan was not just another typhoon that Filipinos have grown accustomed to. It was a killer typhoon unlike any other in recent memory. The exact number of fatalities, earlier estimated to be 10,000 deaths, may never be known. And the damage to land, property, homes and other assets was so considerable the extent of which will be not known exactly either. Fortunately, generous assistance for hapless victims who lost loved ones, homes and livelihoods continues to pour in from all corners of the world. In my lifetime, I have never seen such a global outpouring of assistance, concern and compassion. Billions of dollars have been contributed by foreign governments, international agencies, foundations, non-profits, disaster relief organizations, private sector groups, business enterprises, and most of all, from millions of faceless and nameless individuals in the Filipino diaspora, who contributed or helped in any way they could for their unfortunate and griefstricken kababayan. As with other disasters in the past, the storm brought out the best in the Filipino collective psyche. They rose to the occasion. There was never an end to international campaigns for disaster relief by countless organizations and individuals, too numerous to mention in this brief article. Hawaii Fundraising Efforts In Hawaii, disaster relief efforts were aided tremendously by major institutions that have been long noted for their humanitarian and charitable missions. First is the

Consuelo Foundation, whose basic mission is to operate and support programs in the Philippines and Hawaii that prevent abuse, neglect and exploitation of children, women and families. The Foundation pledged to match donations, two dollars-to-one, to the Filipino Community (FilCom) Center, which has a 501C3 tax status. According to the latest figures, the FilCom has raised more than $700,000 from individual and group contribu-

U.S. Rep. Colleen Hanabusa and G. Lincoln McCurdy, President of the Turkish Coalition of America present a $25,000 check to Edmund Aczon, chair of the Filipino Community Center. Surrounding them are members of the Filipino Community Center's Board, representatives of the Consuelo Foundation and friends from the Turkish community in Hawaii. The Turkish Coalition's donation will be matched by the Consuelo Foundation for typhoon Haiyan (Yolanda) relief efforts.

tions, concerts, fundraisers concert in December 2013 and other activities. The last produced by local TV person-

ality Emme Tomimbang raised a sizable sum with Filipino artists and performers like Jasmine Trias and Kristian Lei, among others, doing mostly Philippine-accented programs and songs. Another Clear Media-sponsored program put together by Filipino community leaders raised another considerable amount despite being rained out at the Hilton Hawaiian Village. Smaller foundations and community organizations like the Congress of Visayan Organizations (COVO), the Philippine Medical Association of Hawaii (PMAH), Filipino Chamber of Commerce, Kokua Philippines, Center for (continued on page 10)

10  haWaii filiPino chRonicle  aPRil 19, 2014 NEWS FEATURE

(from page 9, SUPER TYPHOON...)

Philippine Studies, United Filipino Council of Hawaii, Oahu Filipino Community Council and others also accelerated the fundraising effort. Again, our apologies for being unable to mention everyone and every organization that raised funds on behalf of the victims. Another major organization that spearheaded an extensive campaign for Haiyan’s victims was the American Association of Retired Persons (AARP), which pledged up to half a million dollars to match donations made through AARP. The donations were sent directly to AARP’s network in the Philippines. Fundraising drives are continuing in Hawaii and elsewhere. Local TV personality Augie T. and comedian Rex Navarette, both of Filipino ancestry, have been touring the neighbor islands to perform their comedic routines, attracting a lot of community support. Turkish Coalition of America and Hanabusa's Role What is amazing is that many nonFilipino organizations, particularly on the U.S. mainland, have actively participated in fundraising campaigns for Haiyan victims. A notable example is the Turkish Coalition of America (TCA) based in Washington D.C., which previously raised donations for disaster victims in Haiti and Mexico, as well as for refugees in Turkey displaced by the continuing wars in Iraq. When Haiyan struck, TCA sprang into action and worked with Turkish Philanthropy Funds to pool donations into a nationwide campaign. TCA raised $100,000, which was divided into $25,000 each for four Filipino centers across the U.S., namely the: 1) Filipino Community Center in Honolulu 2) Filipino Community Center in Seattle 3) Filipino Chamber of Commerce in Texas 4) National Cultural Foundation in Oxon Hill, Maryland. The TCA worked with congressional leaders of the districts in which these Filipino centers are located to channel the funds in the various states to the victims of Typhoon Haiyan, and to connect with foundations that pledged to match donations raised. In the case of FilCom’s donation, the TCA contacted U.S. Rep. Colleen Hanabusa’s congressional office in Washington, D.C. to arrange the turnover of TCA funds, which in effect, became $50,000 with the matching donation from the Consuelo Foundation. Ceremony at FilCom Center On March 20, TCA President Lin-

coln McCurdy flew to Honolulu to deliver the donation to the FilCom Center through U.S. Rep. Hanabusa’s Honolulu district office. He was warmly welcomed by U.S. Rep. Hanabusa. Also present at the ceremony were Toy Arre, Jr., interim FilCom president, Edmund Aczon, FilCom Board of Directors chair, and Dr. Jon Matsuoka, president of the Consuelo Foundation. In her remarks acknowledging and thanking the TCA for their generous donation and Consuelo Foundation for its matching contribution, U.S. Rep. Hanabusa stated: “We have shown once again that by working together, we create opportunities to recover from even unthinkable disasters. I jumped at the chance to be a part of the relief efforts during my time in Congress, and when TCA provided the opportunity, I was glad to do it. “The U.S. and the Philippines maintain close historical ties stemming from a security alliance, and common strategic and economic interests. Our relationship has been a special one ever since the first 15 Filipino farm workers sailed for Hawaii aboard the SS Doric, which started the Filipino migration to the western hemisphere. “It is this strong relationship that fuels the cooperative relief efforts that have been on-going since the typhoon hit last November. As of January 31st, international donors have contributed a total of $662.9 million to the relief efforts. “U.S. assistance has included approximately $87 million in disaster aid and $59 million in private sector contributions, massive U.S. military humanitarian effort, as well as diplomatic and legislative activity. At their peak, a total of 66 U.S. military aircraft and 12 naval vessels were involved in relief operations and nearly 1,000 U.S. military personnel were deployed directly to disaster areas. “In cooperation with the Armed Forces of the Philippines and the Philippine government, U.S. military assistance included clearing roads, transporting aid workers, distributing 2,495 tons of relief supplies and evacuating 21,000 people. “The efforts show that international cooperation in the Asia-Pacific region is alive and well, and that we are committed to our allies and are here to stay.” dR. aquino is currently Professor Emeritus at the University of Hawaii-Manoa where she was Professor of Political Science and Asian Studies, and founding Director of the Center for Philippine Studies at the School of Pacific and Asian Studies. She is an internationally-known authority on contemporary Philippine politics, culture and society.

aPRil 19, 2014  haWaii filiPino chRonicle  11

FEATURE

Chef Garcia Joins Outrigger’s Kani Ka Pila Grille by Dennis Galolo

ilipino-American Chef Aurelio Garcia continues to make his mark on the local dining scene—this time as executive chef of the Outrigger Reef on the Beach’s Kani Ka Pila Grille (KKPG). He brings over 30 years of cooking experience to the restaurant.

Garcia began his new position at KKPG in February and was already well-acquainted with Outrigger having served as a chef at the Ocean House since 2010. In addition to managing KKPG’s kitchen operations, he is also responsible for Outrigger’s banquet food preparation, production and control, and ensuring high standards of quality are met. Born in Isabella, the Philippines, Garcia came to Hawaii at the age of 16. His interest in cooking began in high school when he got his first job as a dishwasher and worked his way up through the ranks. Since then, he worked as executive chef at Sam Choy’s Breakfast Lunch & Crab, Makaha Resort & Golf Club, Brew Moon Restaurant & Microbrewery, John Dominis Honolulu, Villa Paradiso Seafood and Grille, and at the Hilton Hawaiian Village Resort & Spa Waikiki. Garcia honed his cooking skills at the Culinary Institute of America (CIA) in Hyde Park, New York, which has been setting the standard for excellence in professional culinary education for more than six decades. Garcia is also a member of the American Culinary Federation. He certainly has the credentials, experience and talent to please even the most discerning customer. To further enlighten readers about this extraordinary chef, the Chronicle requested and was granted an interview with Chef Garcia. His responses to the questions below were edited for space and clarity. q: congratulations on your new position! how does the kani Pa Pila Grille differ

from other restaurants you have worked at, including the ocean house and sam choy’s blc? A: The atmosphere at Kani Ka Pila Grille is upbeat and refreshing. It always excites me when I meet new people and have a chance to work with them. Working here gives me not only the opportunity to share what I’ve learned over the years, but gain so much knowledge from my new team. q: how many kitchen personnel do you oversee? A: I’m proud to oversee 15 exceptional employees. q: Tell us about yourself and your family’s background. A: I was raised in a large family with 10 brothers and sisters. My father was a baker at King’s Bakery for 25 years, and my mother was a house maid. My wife Evelyn works as an assistant housekeeper at the Holiday Inn Waikiki Beachcomber Resort, and we’re the proud parents of two boys. q: how did you get interested in cooking? A: Back in high school, I got my first job as a dishwasher and worked by way up through the ranks. Since then, I’ve worked as executive chef at Sam Choy’s Breakfast Lunch & Crab, Makaha Resort & Golf Club, Brew Moon Restaurant & Microbrewery, John Dominis Honolulu and Villa Paradiso Seafood and Grille. I’ve also worked as chef at Hilton Hawaiian Village Resort & Spa Waikiki. Most recently, I worked right here at Outrig-

ger Reef on the Beach as a chef at Ocean House. q: What would you say is your best dish and what makes it so good? A: Everyone who tries my dishes has a different favorite, but I’m proud of them all because I really put my heart into it. Cooking is my passion. q: When you’re in the mood for a good meal, what restaurants do you go to? A: When a new restaurant opens up I like to go and try the food, but my personal choice would always be steak and seafood. There’s nothing like fresh seafood and a juicy steak. q: Why hasn’t filipino food caught on quite as well as say, Thai, Japanese or korean dishes? any thoughts as to how filipino cuisine can be more readily accepted onto the local culinary scene? A: I believe Filipino food has the potential to catch on quickly if we present it in a more contemporary way. For example, chicken breast with adobo sauce or chicken papaya soup, cut finely with a nice garnish. I bet people would love mahi mahi sinigang in a beautiful presentation. q: What advice do you have for young filipinos who may want to pursue a culinary career? A: Stick to it! I started as a dishwasher and worked hard to establish myself in the food and hospitality community. I can now say that I’ve teamed up with Chef Sam

Executive Chef Aurelio Garcia and some of his specialty dishes

Choy against Chef Cat Cora on “Iron Chef” and came out on top on the local and national level in culinary competitions. I’m also proud to have participated in community events including Sunset on the Beach, Taste of Honolulu, Food & Wine in Wyoming and Jamaica, with Chef Wolfgang Puck in Los Angeles and for Chef Emeril Lagasse in Las Vegas, the PGA Tour on Maui, Kona and Kauai, and more. Also, I would highly recommend aspiring chefs to get

their culinary degree. I received my associate’s degree in occupational studies and attended the Culinary Institute of America in Hyde Park, New York. It was a great experience which allowed me to accomplish much more in my career. q: What are your future plans? Would you like to open your own restaurant one day? A: I’m really enjoying where I am right now at such supportive company like Outrigger Hotels & Resorts.

12  haWaii filiPino chRonicle  aPRil 19, 2014

HEALTH & FAMILY

At-Home Mothers on the Rise, New Research Shows By Leanne Italie |aP

EW YORK — The rising cost of child care is among likely reasons for a rise in the number of women staying home full-time with their children, according to a new Pew Research Center report released Tuesday. Other factors cited by Pew to explain the increase include more immigrant mothers, who tend to stay home with children in greater numbers than U.S.-born moms; more women unable to find work; and ambivalence about the impact of working mothers on young children. The share of mothers who do not work outside the home rose to 29 percent in 2012, the study found. That's up from 23 percent at the turn of the century, according to the report. At the height of the recession in 2008, Pew estimated 26 percent of mothers were home with children. The at-home moms include women who are married, single, disabled, enrolled in school or unable to find work. Pew cited a 2010 U.S. census report that singled out the expense of child care as a fac-

tor. In inflation-adjusted dollars, the average weekly child care expense for families with working mothers who paid for child care rose more than 70 percent, from $87 in 1985 to $148 in 2011, according to government estimates. That represented 7.2 percent of the income for such families. Tricia Williamson, 30, in Liberty, N.C., quit her job as an editor and producer at a TV station after crunching the numbers and realizing her salary after the birth of her son a year ago would go primarily to commuting and child care expenses. Her husband earns about $44,000 a year as an electronics technician. "We're not rich by any means. We live paycheck to paycheck, but it's completely worth it," she said. "My son wouldn't be getting the atten-

couldn't find a job, were ill or disabled, or were in school. Among all at-home mothers in 2012, 51 percent had at least one child 5 or younger, compared with 41 percent of working mothers. The researchers said one of the most striking demographic differences between at-home mothers and working mothers is their economic well-being, with about 34 percent of at-home mothers living in poverty, compared with 12 percent of working mothers. Relatively few married attion he needs one-on-one. He's home mothers with working got mom 24-7." husbands qualify as "affluent," The largest share of at- at nearly 370,000 with at least home mothers — roughly a master's degree and a median two-thirds of 10.4 million — family income of over had working husbands. A $75,000 a year in 2012. That growing share — 6 percent in number amounts to 5 percent 2012, up from 1 percent in of married at-home mothers 2000 — said they could not with working husbands. find a job, according to Pew, The "elite" marrieds stand which relied on U.S. Census out from other at-home mothand other government data. ers as disproportionately white No matter what their mar- or Asian. About 69 percent are ital status, mothers at home are white and 19 percent are younger and less educated Asian. Only 7 percent are Histhan working counterparts, the panic and 3 percent are black. report said. Most married Mothers more likely to moms said they were home stay home are among demospecifically to care for the graphic groups on the rise in kids, while single mothers the U.S. For example, 40 perwere more likely to say they cent of immigrant mothers

were at home with their children, compared with about a quarter of U.S.-born mothers. Among at-home mothers living in poverty in 2012, 36 percent were immigrants, the report said. The report points to stagnant incomes for all but the college-educated as a possible factor for less-educated workers in particular who might be weighing the cost of child care against wages and deciding it makes more economic sense to stay home. While attitudes over the decades toward working mothers have improved, "most Americans continue to believe that it's best for children to have a parent at home," said D'Vera Cohn, a senior writer at Pew who worked on the report. Since 2008, about 70 percent said when questioned in an ongoing social survey that a working mother is just as capable as an at-home mother of establishing the same "warm and secure" relationship with her children. But 60 percent of Americans in a recent Pew survey said children are better off when a parent stays home to "focus on the family," compared with 35 percent who said children are "just as well off with working parents." (www.philstar.com)

PHILIPPINE NEWS

Jinkee, Kids Want Manny to Hang Up Gloves by John Paul Jubelag Tuesday, April 15, 2014

ENERAL SANTOS CITY , Philippines – After his victory last Sunday over American Timothy Bradley, Filipino boxing idol and Sarangani Rep. Manny Pacquiao has nothing else to prove and should retire, his wife Jinkee said yesterday. “I think Manny has nothing more to prove,” Jinkee said. “He is the best fighter of his time. He’s already 35 years old and he’s not getting younger.” The Sarangani vice governor said she “really felt nervous while watching him exchange punches with Bradley.” Jinkee is seven months pregnant with their fifth child.

Pacquiao’s two sons Jemuel, 13, and Michael, 12, told reporters they would also appeal to their father to retire from boxing after defeating Bradley. “If I were to decide, it’s better that my dad retire from boxing,” said Jemuel, who faced the media after his father’s victory. “I felt nervous while watching the fight. That is why we will be appealing to him to retire from boxing,” Michael said. But they said they would continue to support their father if he decides against retirement.

Meanwhile, local officials in Sarangani and General Santos City are preparing a hero’s welcome for the fighting congressman. Sarangani Gov. Steve Solon said the province was jubilant over Pacquiao’s victory against the previously undefeated Bradley. “Manny is a true specimen of greatness. Humble and wise, through courage and honor he has again conquered,” Solon said. City Mayor Ronnel Rivera, Pacquiao’s political ally, said the Philippines has once again gained prominence following Pacquiao’s victory. “The entire Filipino nation must be happy after Manny showed to the world who is the better fighter,” Rivera said.

(www.philstar.com)

aPRil 19, 2014  haWaii filiPino chRonicle  13

LEGAL NOTES

Risk of Prolonged Travel Abroad By Reuben S. Seguritan

ermanent resident status is a privilege that may be lost and/or revoked if not maintained and preserved. Abandonment is one of the ways a noncitizen can lose his lawful permanent resident (LPR) status. It is especially important for an LPR to know what constitutes abandonment in order to protect and preserve his status. An LPR may leave the U.S. for short temporary visits abroad at any time. This is one of the privileges of being a permanent resident. Absence of more than six months but

less than a year will ordinarily not trigger an examination of his intent to abandon residence upon reentry to the U.S. In most cases, the LPR will only need to show his permanent resident card when he returns to the U.S. The LPR should keep in mind that it is not the length of his absence that will be scrutinized; it is his intent. Therefore, even if the absence from the U.S. is less than a year, there may still be a finding of abandonment of permanent residence. Factors of possible abandonment include employment abroad; presence of immediate family members who are not permanent residents; lack of fixed address in the U.S. and frequent prolonged absence from the U.S. Declaring oneself as a nonresident on tax returns may also result in a finding of abandonment

of permanent residence status. An absence from the U.S. of more than one year is generally treated as abandonment of permanent residence. Thus, an LPR who is planning to be away from the U.S. for more than one year should apply for reentry permit by filing Form I-131. It is recommended that the LPR who frequently travels abroad obtain reentry permit which is generally valid for up to two years. The reentry permit will serve as proof of the LPR's intent that he is merely returning from a temporary trip abroad and therefore he did not abandon U.S. residence. However, the LPR cannot merely rely on the reentry permit to be readmitted to the U.S. Even with the reentry permit, the LPR may still be found to have abandoned his U.S. residence. In order to establish that

there was no intent to abandon permanent residence, the LPR may show evidence of employment, business or properties in the U.S., home ownership in the U.S., maintenance of U.S. bank accounts, maintaining a U.S. driver's license and family ties in the U.S., among others. A permanent resident may maintain his permanent residence status by obtaining a social secuirty number and renewing his permanent resident card before expiration. Filing tax returns in the U.S. is crucial even when the noncitizen is not in the United States. Maintenance of permanent residence is important for naturalization purposes. One of the requirements in a citizenship application is continuous residence in the United States for at least 3 or 5 years. The applicant must not have,

within the last 3 or 5 years, been outside of the U.S. for one year or more. Absences of less than 6 months generally do not break continuous residence, while absences of more than 6 months but less than 1 year raise a rebuttable presumption of abandonment of residence. When his LPR status is challenged as having been abandoned, he has the right to have that issue determined by a judge. It is important to note that even while in removal proceedings, the LPR remains a permanent resident and continues to be so until a final administrative order is issued that changes that status. 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

Gov’t Ready to Defend Constitutionality of Bangsamoro Bill by Delon Porcalla Tuesday, April 15, 2014

ANILA, Philippines - The Aquino administration is prepared to defend the constitutionality of the Bangsamoro draft bill and is confident that the proposed measure could withstand judicial scrutiny, a Palace official said yesterday. D e p u t y p r e s i d e n t i a l spokesperson Abigail Valte told a news briefing in Malacañang that both the government and the Moro Islamic Liberation Front (MILF) panels have in fact been cautious about the possibility of the bill being challenged before the Supreme Court (SC). “Both panels already have that in mind. Knowing that anything that will come out of their negotiations would be challenged, they have made sure that they have the proper legal guidance while it was being crafted and that it will stand up to scrutiny,” she said. This early, some groups –

particularly those opposed to the creation of a Bangsamoro political entity in Mindanao – have made known their plans to file a petition at the SC even if the bill has not yet been submitted to Congress. Valte said the bill, which was submitted yesterday at the office of Deputy Executive Secretary for Legal Affairs Michael Aguinaldo, would be evaluated by President Aquino’s legal team. Chief presidential legal counsel Benjamin Caguioa and other legal minds in the executive branch of government are part of the legal team. Malacañang is hopeful that the bill will be submitted to Congress for its scheduled May 5 reopening of session. “He could possibly discuss this in his SONA (State of the Nation Address) in the last week of July,” Presidential Communications Operations Office Secretary Herminio Coloma Jr. said Sunday. Coloma assured the public that the Bangsamoro draft

Deputy presidential spokesperson Abigail Valte

bill would be submitted to Congress as soon as the President has approved it. Aquino is expected to certify the Bangsamoro draft bill as an urgent administration measure that will be submit-

ted to the Senate and the House of Representatives for their due consideration and passage at the soonest possible time. The Bangsamoro Basic Law, as enacted by Congress, shall serve as the organic act for the Bangsamoro political entity will replace the Autonomous Region in Muslim Mindanao provided for in the 1987 Constitution, according to chief government negotiator Miriam Coronel-Ferrer. Apart from the specified timeframe, where a law should have been in place by

June 2016 or when Aquino steps down following his sixyear term, what is more important is the substance of the peace agreement with the Muslim rebels.

Model peace deal Political parties in Asia have cited the Comprehensive Agreement on the Bangsamoro forged by the government and the MILF, saying it could serve as inspiration to the ongoing peace processes in Afghanistan, Myanmar, Pakistan and Thailand. (www.philstar.com)

14  haWaii filiPino chRonicle  aPRil 19, 2014

PHILIPPINE LANGUAGE

Tatlong Lalaki BAHAGHARI By Ruth Mabanglo, Ph.D.

atlong lalaki ang may malaking papel sa mga huling sandali ni Jesus. Ito ang mga huling oras niya bago siya pinatay ng mga kaaway niya. Makabuluhang malaman ang tatlong lalaking ito: si Pilato, ang humatol kay Jesus; si Pedro, ang nagtatwa sa kanya; at si Judas Iscariote, ang nagkanulo sa kanya. Maaalalang mainit na ang mga mata ng mga saserdote kay Jesus. Nangangaral siya sa templo, gumagawa ng mga milagro, sinusundan ng mga tao kahit saan magpunta. May naghihinalang inuudyukan niya ang pag-aalsa ng mga tao laban sa Roma. May mga nagiisip ding siya ang magiging tagapagligtas sa pagkaalipin ng mga tao sa kahirapan at kalupitan. Naiinggit ang mga saserdote sa kanya. Nakikita nila ang mataimtim na paniniwala

ng mga tao sa kanya. Karism a t i k o a n g k a n y a n g pagsasalita. May mga nagaambag para sa kanyang ginagawa. At nangangamba ang mga Pariseo na hindi na sila paniwalaan ng bayan. Higit na m a p a g k a k a t i w a l a a n a n g sinasabi ni Jesus. “Hindi n a r a r a p a t h u s g a h a n a n g m a s a m a ; a n g w a l a n g kasalanan ang unang maghagis ng bato....ang gumawa ng mabuti may mabuti ganti. S i P e d r o , d a t i n g mangingisda ang kanyang kanang kamay. Sinundan siya nito sapul nang patahimikin niya ang dagat at tulungan silang mangisda. Siya ang higit na pinagkakatiwalaan ng Maestro. Nakita niyang nahapo ito sa pangangaral at sa walang humpay na pagbibigay ng halimbawa. Kung magagawa niyang iligtas sa pagod ang kaibigan, gagawin niya. Kung may kaaway, ibig niyang siya ang magsasanggalang sa Panginoon. “Isang salita mo lamang, Maestro”, ani Pedro, “Gagawin ko ang utos mo. Lalagi akong tapat sa iyo....” Pinagmasdan ni Jesus si Pedro. “Bago tumilaok ang tandang sa madaling-araw, tatlong ulit mo akong itatatwa...”

Hindi makapaniwala si Pedro. Ti n a w a g s i y a n g “ P e d r o sapagkat “bato” ang ibig sabihin nito. Sapagkat nais ng Maestro na itatag ang simbahan sa pamamagitan niya. Sapagkat siya ang magiging mangingisda ng mga kasaping maniniwala sa mga simulain ng Simbahang kinakatawan ni Jesus. Ngunit nanghina si Pedro. Nang isang babae ang nakakilala sa kanya, tinanong siya kung kasama niya si Jesus. Nagkaila si Pedro. Pagkaraan, ilang lalaki rin ang nagsabing kasama niya ng mga tauhan ni Jesus. Muling nagkaila si Pedro. At sa huli, isang pangkat ang nagsabi, hindi ba’t kasama kayo ng ginoong sinasakdal? Sabi niya, hindi. Hindi. Hindi. At tumilaok ang manok. Nanlambot si Pedro.... hindi siya naging bato. Nang hulihin ng mga tauhan ng Sanhedrin si Jesus habang taimtim na nagdarasal sa halamanan, kinilala siya dahil sa isang halik. Si Judas ang humalik na iyon. Nasilaw siya sa tatlumpong salaping pilak at siya ang nagturo ng kinaroroonan ni Jesus. Sinamahan niya ang mga lalaki at pinagbilinan—kung sino ang

hahagkan ko, siyang huhulihin ninyo. Sinasabing hindi magiging si Jesus si Jesus kung walang Judas na nagtaksil. Si Judas ang ingat-yaman sa mga Apostoles ni Jesus. Si Judas ang laging kasa-kasama sa pamimili at sa pag-iingat ng pera para sa pangangailangan ng lahat. Si Judas ang nagalit nang pahiran ng isang babae ng pabango ang mga paa ni Jesus at patuyuin sa mahabang buhok nito. Malaki ang panghihinayang niya sa pabango na “naaksaya” lamang sa paghuhugas ng mg paa ni Jesus. Sinundan niya ang mga humuli at nasaksihan niya ang pag-insulto sa kanyang kaibigan. Nakita niya ang pag-aba ng lahat sa kanya. Nakita niyang durugin nila ang laman niya sa hampas ng suplina. Tumitilamsik ang dugo ni Jesus kung saan-saan. Kinuha niya ang ibinayad ng tatlumpong salaping pilak at pilit na isinauli sa mga saserdote. Ayaw nilang tanggapin. At dahil nasasaktan siya sa ginawa nila kay Jesus, inihagis niya ang pera. Pero ang naging utos ng Saserdote’y ipambili iyon ng lupang lilibingan ng mga dayuhan. Nahambal si Judas sa sinapit ng Maestro. Nagsisi siya ngunit huli na ang lahat. Hindi niya matiis ang kirot ng sinapit ni Jesus. Hindi lamang s i y a n a s a k t a n a t n a g i n g katatawanan. Labis siya naaba, labis siyang nainsulto. Pati ang mga magulang at mga kaibigan niya’y nasaktan sa sinapit niya. Dahil sa matinding pag-uusig ng kanyang konsensiya, nagpakamatay siya. Si Pilato ang huling lalaki. Siya ang kapangyarihang kumakatawan sa Roma. Siya ang hukom. Siya ang nagpapasya kung ano ang parusang igagawad sa isang nagkasala. Ngunit sa pagkakataong iyon, nasa pagitan siya ni Jesus at ng kanyang asawa. Naniniwala si Claudia,

maybahay ni Pilato, na banal si Jesus. Dapat iligtas ni Pilato ang kanyang buhay. Nakita ni Claudia ang pagiging maamo ng mata ni Jesus. Napapailing siya sa malalaswng salita ng mga taong-bayang nagmumura kay Jesus.Hindi, hindi magagawa ng taong ito ang mga ibinibintang nila. Matindi ang pakiusap niya sa asawang unawain si Jesus. Napanaginip daw niya ito. Wala raw itong kasalanan. Ngunit naghugas ng kamay si Pilato. Wala akong pananagutan sa dugo ng taong ito. Kailangan ko siyang hatulan dahil gusto ng bayan. Tungkulin ko sa Roma na patahimikan ang bansa. Samakatwid, kailangang pagbigyan ang mga taong nagaalsa laban kay Jesus. Kamatayan para kay Jesus. Tatlong lalaki—Pedro, Judas at Pilato. Sila ang tatlong makabuluhang lalaki na nagbigay ng bagong depinisyon kay Jesus. Isang nagpamalas ng pag-aalinlangan bagaman katatagan ang sandigan ng pagkatao. Isang mapang-uyam na laging iniisip na mainam ang sarili kaysa sa iba. At, sa huli, siya palang patunay ng karuwagan at kahinaan. Isang hukom na ang paghuhusga’y hinango sa takot at pangangailangang matanggap. Maraming tao ang nakikibakang matanggap sila dahil sa kanilang panlabas na kaanyuan, titulo ng kapangyarihan at karaniwang kakayahan. Ang totoo, ang humatol sa kapwa nang hindi inaalam ang paligid ng krimen ay tanda ng karuwagan, pagkilala sa maling impormasyon at pagkasilaw sa mga pamagat na walang kabuluhan. Kailangan ang katapatan sa sarili upang makilala ito. Kung hindi, ito ang muli’t muling pagkondena kay Jesus.... ang krimeng paulitulit nating ginagawa nang hindi nalalaman.

aPRil 19, 2014  haWaii filiPino chRonicle  15

C OMMUNITY C ALENDAR 29TH ANNiveRSARy AND iNDuCTioN oF oFFiCeRS, CeBuANo ASSoCiATioN oF Hi ● SATuRDAy ● April 20, 2014 | 6:30 PM ● Hawaii Okinawa Center, Waipahu ● Contact May Mizuno @ 741-4503

1 5 T H A N N i v e R S A Ry, 2 0 1 4 R e u N i o N & AFFiRmATioN oF oFFiCeRS oF iNCAT ● SuNDAy ● April 27, 2014 | 6 PM ● Empress Restaurant ● Contact Lina Longboy @ 294-1446

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ANNuAL FiLiPiNo FieSTA AND PARADe ● SATuRDAy ● May 10, 2014 ● Honolulu Municipal Grounds near Honolulu Hale (by King and Punchbowl Streets) | 10:00 AM to 7:00 PM ● Contact FilCom Center @680-0451

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S A N TA N i A N S A S S o C i AT i o N o F H i - u S A iNSTALLATioN oF oFFiCeRS AND BoARD oF DiReCToRS ● SATuRDAy ● May 24, 2014 ● Ala Moana Hotel | 6:00 PM ● Contact Julius Soria @ 722-9958

MAINLAND NEWS

Radyo Tambuli Brings Fil-Ams Closer to Home

he Philippine Embassy in Washington, D.C. is bringing Filipinos in the U.S. closer to home with the launch of its virtual radio station that delivers news, music and other information to mobile phones. With Radyo Tambuli, the Embassy hopes to reach more than 3.4 million FilipinoAmericans using an innovative call-to-listen platform developed by AudioNow, a Wash-

ington-based company. “With Radyo Tambuli, we hope to bridge the distance between the Philippines and our kababayans here in the U.S. who are hungry for news about home,” says Consul General Ariel Peñaranda at the launching of Radyo Tambuli. Consul General Peñaranda says Radyo Tambuli can be accessed by calling (415) 6385777 from any mobile phone or landline. It allows callers to hear the latest news from the Philippines, original Pilipino

music and discussions on pressing issues and even participate in opinion surveys. AudioNow CEO Elan Blutinger says Radyo Tambuli is a new way to conduct public diplomacy in an age where more and more people heavily rely on their mobile phones to stay connected. “We congratulate the Philippine Embassy for taking the lead as the very first embassy to use call-to-listen radio,” says Blutinger. “The Embassy has been a great cata-

lyst in organizing the local community, connecting Filipinos and providing resources. We are proud to help the Embassy extend its reach and its impact in the U.S.” Blutinger says no smartphone or data plan is needed to call Radyo Tambuli and there is no incremental charge for the call, beyond any charge for using voice minutes. Listeners may call from any phone, including a basic feature phone and a landline. Although most mobile phone subscribers in

the US have unlimited airtime, Blutinger advises listeners to check their voice plans to understand if and when they have unlimited minutes and when charges may apply. AudioNow has over 1,600 broadcast partners around the world that include the United Nations, BBC, RFI, Voice of America, Entravision, C-SPAN and IMG College. Last year alone, Blutinger said AudioNow delivered 2 billion listening minutes to its broadcast partners, in 76 different languages and connected users 84 million times to its platform. (DFA)

Royce Raises Issues on PH Land Grabbing and Corruption to USAID official

OS ANGELES – In a recent hearing in the US Congress, Foreign Affairs Committee Chairperson Rep. Ed Royce (R-CA) raised the issues of land grabbing and corruption in developing nations (including the the Philippines) and questioned what the US Agency for International Development (USAID) is doing to combat these issues. Royce questioned USAID Administrator Rajiv Shah on April 9, during a House Foreign Affairs Full Committee hearing on US Foreign Assistance for FY 2015. Royce said that that lack of land rights in developing nations acts as “a significant barrier to sustainable development” and long-term goals, and that it is a significant issue across the world. Royce pointed out the cases of Tunisia, Egypt Cam-

bodia, China and Peru, and the shockwaves that land grabbing has created,. Royce said that it is a source of “tremendous political and social instability.” During the committee hearing, Royce (who is known for his work as an advocate of property rights and his fight against land grabbing throughout the world) cited a Huffington Post article entitled, “Lessons from the Past: Securing Land Rights in the Wake of Typhoon Haiyan.” Royce pointed out that a USAID official was quoted in the story as saying that unequal access to land “is a central issue that cuts across both rural and urban sectors in the Philippines.” Royce then prodded Shah on what USAID has done or what it is doing to urge the Philippine government to address this prevalent issue, and

the “rampant corruption at the local level that allows land grabbing to occur.” Royce said that he has heard “over and over again” that the Philippines is making headway in its fight against corruption. However, Royce said that even Philippine anticorruption officials admit that land grabbing is an “ongoing tragedy” in the country. “With all of the assistance and funding that we’re provid-

ing to Manila, isn’t it time that the USAID and the administration focus on this issue, given what’s at stake?” Royce pressed at the hearing. The Foreign Affairs Committee Chairperson also added that he has been asking for the USAID to prioritize this issue for three years now. “I’ve received emphatic support verbally. Three years later, after returning, I see no progress,” Royce said.

In a recent trip Manila, Royce raised the issue of land grabbing with senior officials in the Philippine government, including President Benigno S. Aquino III and Foreign Secretary Albert Del Rosario. With US Foreign Assistance plans for 2015 being discussed at the House committee, Royce asked if 2014 will be a year where the US will “finally make a difference.” (www.asianjournal.com)

APRIL 19, 2014