022523 - Los Angeles Weekend Edition

SACRAMENTO — California State

Assemblyman Reggie Jones-Sawyer, a Democrat who serves South Central Los Angeles, will introduce a budget ask letter Feb. 28, proposing that $50 million be added to the state’s FY 2023-24 budget to support domestic violence prevention programs.

In an email to Ethnic Media Services, Jones-Sawyer said he is submitting the request to “help 35 California organizations prevent and assist those affected by acts of domestic violence.”

“Lives that have forever been changed need the resources to start a new transformative life. These funds will help with that process,” said Jones-Sawyer, who chairs the Public Safety Committee through which a portion of the budget request will be reviewed before it is sent on to the full Legislature for approval. The request must head to Governor Gavin Newsom’s office by May 15. Newsom must

US, Australia eye sea patrols with PH

by FRANCO JOSE C. BAROÑA ManilaTimes.net

THE United States and Australia expressed willingness to conduct joint maritime patrols in the West Philippine Sea with the Philippines.

The issue was discussed by the respective defense secretaries of the two countries with Defense Secretary Carlito Galvez Jr.

Galvez met with Australian Deputy Prime Minister and Defense Minister Richard Marles on Wednesday,

February 22."As countries which are committed to the global rules-based order, it is natural that we should think about ways in which we can cooperate in this respect," Marles said during a joint press briefing with Galvez.

"We did talk today about the possibility of exploring joint patrols, and we will continue that work and we hope that comes to fruition soon," he added.

Marles said the Philippines and Australia are "deeply invested" in asserting the United Nations Convention on the Law of the Seas (Unclos), particularly in the

West Philippine Sea.

Galvez said that Australia was one of the first countries to conduct joint patrol with the Philippines in 2017. The Philippine-Australia joint patrol at the Celebes and Sulu Sea led to the establishment of the trilateral defense cooperation with Indonesia and Malaysia.

SACRAMENTO — California is revamping how it rewards nursing homes to get them to improve patient care.

Rather than limit bonuses to top-performing facilities, the state will hand out additional Medicaid payments next year to nursing homes — even low-rated ones — that hire additional workers, reduce staff turnover, or improve quality of care. Facilities will be scored on their performance so facilities that do more will earn larger bonuses. And to ensure an acceptable level of care, the state will sanction facilities that fail to meet clinical and quality standards for patients.

The switch is part of a multipronged effort by Gov. Gavin Newsom and state lawmakers to entice nursing homes to do better after the devastating toll of COVID-19. Facilities that improve working conditions for their staff will also earn higher daily Medicaid payments.

“When you’re investing in the workforce, then you have the appropriate levels of care to provide services,” said Lindy Harrington,

De Lima marks 6 years of ‘unjust detention’

by ARIC JOHN SY CUA ManilaTimes.net

FORMER senator Leila de Lima marked her sixth year of "unjust detention", which she also described as "the most important six years" of her life.

"Six years of unjust detention. Six years that my persecutors hoped would be spent in futility, submission and silence," she said in a handwritten statement on Friday, February 24. "Instead, it has been 6 years of fighting the good fight... perhaps the most important 6 years of my life."

De Lima, who spent nearly her entire tenure in the Senate at the detention facility in Camp Crame, wrote that she continues to fight for her innocence.

"I am still fighting for my own innocence

and for justice for the victims of extrajudicial killings and the families they left behind," she wrote.

The former Justice secretary and former senator wrote that she stood her ground for six years and she will continue to do so.

"Today, more than ever, I am convinced that I did the right thing of sacrificing my personal liberty and even my political career," she wrote. "I strongly believe that my vindication is at hand. But even if they continue to try to silence me, I refuse to cower."

"I will stand my ground. For when they come after me and try to silence me, they are actually coming after those who cannot speak for themselves and defend themselves. I cannot, in good conscience,  PAGE A4

Individual traditional jeepneys to stop operations after June 30

MANILA — Individual operators of traditional jeepneys will no longer be allowed to continue their operations after June 30, 2023 — unless they start joining a cooperative or a corporation.

The Land Transportation Franchising and Regulatory Board (LTFRB) shared this after approving Memorandum Circular 2023-013 on Monday, February 20, a move done amidst the calls of various transport groups and commuters to stop the much assailed phaseout of

Data from the Land Transportation Franchising and Regulatory Board (LTFRB) showed that only 96,000 jeepneys have joined cooperatives or corporations – a requirement under the public utility vehicle (PUV) modernization program. Philstar.com photo  PAGE A2

Attack on PCG ship may trigger MDT - US

Meanwhile, U.S. Defense chief Lloyd Austin III discussed with Galvez also on Wednesday several proposals to deepen cooperation and enhance shared by RALPH EDWIN VILLANUEVA Philstar.com

MANILA — The United States, through a telephone call of its defense chief to his Filipino counterpart, has reaffirmed its commitment to come to the defense of the Philippines under the 1951 Mutual Defense Treaty (MDT) in the event of a foreign attack.

The call from U.S. Defense Secretary Lloyd Austin III to Department of Defense (DND) officer-in-charge Carlito Galvez Jr. took place on Wednesday, February 22, or a day after the Philippine Coast Guard (PCG) confirmed the presence of at least 30 Chinese vessels around Ayungin and Sabina shoals in the West Philippine Sea.

“Secretary Austin reiterated that the U.S.’ commitment to the alliance remains ironclad, and that an armed attack on Philippine armed forces, aircraft, and public vessels, including the Coast Guard, anywhere in the South China Sea would invoke US mutual defense commitments under Article IV of the Mutual Defense Treaty,” Galvez said.

He added that the country’s military will “steadfastly uphold its mandate of protecting the country’s territorial integrity, sovereignty, and sovereign rights.”

‘No arguments over ICC probe on drug war’

by NEIL JAYSON SERVALLOS Philstar.com

MANILA — Justice Secretary Jesus Crispin Remulla had expected to argue with the European Parliament’s delegates who visited the Philippines this week over the country’s human rights situation, but came away saying his discussion with them about the International Criminal Court (ICC)’s looming investigation was “not argumentative.”

Remulla met on Thursday afternoon, February 23 with members of the European Parliament that included Isabel Wiseler-Lima of the European

People’s Party, Karsten Lucke of the Group of Progressive Alliance of Socialists and Democrats, Hannah Neumann of The Greens and the European Free Alliance, Ryszard Czarnecki of the European Conservatives and Reformists Group and Miguel Urban Crespo of The Left.

He said the visit took place in the context of “open and regular engagement on human rights between the Philippines and the EU (European Union).”

crimes against humanity to the Department of Justice (DOJ).

“What I told them is if the ICC really has a problem they want to investigate here, just give it to us, and we will do it. Because these are crimes committed in the Philippines, by Filipinos, right? Well, we’ll just do it ourselves. They no longer interjected,” Remulla told reporters after the meeting, saying the ICC conversation lasted no longer than three minutes.

Remulla told the parliamentarians that the government intends to convince the ICC to instead drop the task of investigating the alleged  PAGE A3

“After that, nothing else was said about the ICC. They didn’t interject anymore because we talked for a long time. Most

Former Sen. Leila De Lima arrives at the Muntinlupa Regional Trial Court Branch 204 to attend the resumption of the hearing into the drug case filed against her. Senate photo

US, Australia eye sea patrols with...

security, including the resumption of joint operations in the South China Sea.

Based on a handout provided by Pentagon Press Secretary Brig. Gen. Pat Ryder, Austin discussed with Galvez by phone developments in the West Philippine Sea, including the recent incident in which a Chinese coast guard vessel directed a military-grade laser at the crew of a Philippine Coast Guard ship off Ayungin Shoal.

The U.S. defense official also underscored the commitment of the U.S. to support the "lawful rights and operations" of the Philippines in the West Philippine Sea. He reiterated that an armed attack on Philippine armed forces, aircraft and public vessels, including those of its coast guard, will invoke U.S. mutual defense commitments under Article IV of the 1951 U.S.-Philippines Mutual Defense Treaty.

Austin reaffirmed the U.S. Defense Department's commitment to help bolster the Philippines' defense capabilities and capacity to resist coercion. Opportunities to expand security

cooperation with other countries "that seek to uphold the rulesbased international order and our shared vision for a free and open Indo-Pacific," such as Japan, were also discussed, the Pentagon said. Both defense officials committed to advance an "ambitious set of initiatives" leading up to the 2+2 Ministerial in Washington D.C. in the second quarter of this year.

Partnership Marles, who arrived in Manila Tuesday night, February 21, announced that Australia and the Philippines will sign a strategic partnership on the heels of the meeting between Australian Prime Minister Anthony Albanese and President Ferdinand Marcos Jr. in November 2022.

Galvez and Marles agreed to establish on an annual basis a Defense Ministers' Meeting between the two countries the first of which will be held in Australia.

"We're gonna work together to look at ways in which we can deepen the opportunities where Filipino servicemen and women can work alongside Australian servicemen and women, and to that we're building upon training which is occurring right now in Mindanao," he said.

He said Australia will send one of the largest contingents to the Balikatan exercises in the coming months while the Philippines, for the first time, will send observers to Exercise Talisman Sabre in Australia in August. Marles noted that Australia and the Philippines have a "greater strategic alignment than we've had in any moment in our respective histories."

"It is deeply connected to our respective national interests that the rules of the road as they apply to a body of water such as the South China Sea, the UN Convention on the Law of the Sea, the freedom of navigation, the freedom of overflight, all of these principles are completely central to our national interests, to our collective security," the Australian official said. Australia is the second country, next to the U.S., with which the Philippines has a reciprocal visiting forces agreement, signed in 2007.

Just this week, the two countries kicked off their six-week Army-toArmy Exercise. Marles will meet with President Marcos to discuss the two nations' bilateral ties. 

De Lima marks 6 years of ‘unjust...

let that happen," she added.

De Lima has been detained at Camp Crame since 2017 on

Attack on PCG ship may trigger MDT...

PAGE A1 defense ministerial this spring, I think that more details will be released,” he added.

The DND, in a statement, said both Galvez and Austin agreed to expand cooperation with other “like-minded” countries in the region.

think in due time you will see all of that focus,” he said.

Planning stage

trumped up drug charges during the administration of then president Rodrigo Duterte. On Thursday, February 23,

members of the European Parliament subcommittee on human rights visited her detention cell. 

Individual traditional jeepneys to stop...

PAGE A1

traditional jeeps.

"Individual operators may continue to operate by virtue of a [provisional authority], which is automatically extended until 30 June 2023 under this Memorandum Circular," said members of the board last Monday.

"Individual operators may join an existing consolidated entity until 30 June 2023. Only those individual operators who are able to join an existing consolidated entity on or before 30 June 2023 shall be allowed to have their PA extended until 31 December 2023."

The provisional authority of individual traditional jeeps in the National Capital Region was originally set to expire last April. The LTFRB earlier said the extension was already the "fourth and last time." For routes without a "consolidated entity" (cooperative or corporation) or filed application for franchise consolidation, its application will only be entertained until October 31.

LTFRB chairperson earlier said that only 60% of the target number of vehicles for modernization have complied with the requirements under

the program such as industry consolidation into cooperatives. The remaining 40% continue to ply routes using traditional jeepneys. Cooperatives are being pushed at the moment to enable operators to afford the purchase of "modern jeeps" said to be worth at least P2.6 million each via loans from financial institutions.

The certificate of public conveyance (franchise) of individual operators who fail to join the exiasting consolidated entity after June shall be reverted to the State.

 PAGE A3

“(The two) emphasized the importance of keeping the Philippines-U.S. alliance strong in order to maintain a free and open Indo-Pacific region,” it said.

The same commitment was relayed by Chief of Naval Operations Admiral Michael Gilday to Armed Forces of the Philippines (AFP) chief of staff Gen. Andres Centino also on Wednesday, February 22 during a meeting at Camp Aguinaldo.

Gilday revealed discussions are underway regarding the conduct of joint patrols in the West Philippine Sea, and that such patrols would be carried out at a pace dictated by the Philippine government.

“I wouldn’t put a timeline on it yet. I think first and foremost the security sector agreement that is being worked on together right now between our militaries and between our governments is going to have much more specifics I think in terms of an informed plan and how we intend to carry that out,” Gilday told reporters in an interview.

“And I think as we close on the

The ranking U.S. Navy official said Austin, Galvez and President Marcos “have talked about those combined maritime activities and right now we are at the beginning of those planning stages.”

“But I would just tell you if I had to characterize it in two words, it would be committed and focused. Those are the two real descriptors that I wanted to leave in a very serious way with both General Centino and the Chief of Navy today,” he stressed.

Gilday said the main purpose of his visit to the Philippines was to “demonstrate the seriousness of that commitment moving forward.”

“But we do have some work to do from a planning standpoint so that it’s very thoughtfully orchestrated when we do execute,” he said.

“I really think we have to move in the pace of the Filipino government. They have the lead and we absolutely respect that and I think that we are taking prudent, informed, deliberate measures right now with respect to planning so that when the exercise is announced as we close in this defense ministerial, I

Asked about his meeting with Centino, Gilday said he and the AFP chief did not discuss any specifics.

“With respect to the ongoing discussions with the government of the Philippines, we just say that we are proceeding at their pace and so in due time the government of the Philippines will provide more details publicly about those EDCA sites, more specifics, and at that time I think it would be ready to proceed very rapidly together in ways that serve our collective security interests in a positive way,” he said, referring to the Enhanced Defense Cooperation Agreement.

Gilday confirmed that this year’s Balikatan exercises between the Philippines and the U.S. scheduled to begin in April would definitely be bigger.

“We’re not announcing yet specifically what units are involved in the exercise but I will say this, there is an increased investment from not only the United States but from the Filipinos who are leading that exercise. And also the Australians who are also committed and involved as well,” he said.

“You’re going to see an increase

MASS WEDDING. Rev. Reynaldo Abrigo (left) officiates the Kasalan ng Bayan (mass wedding) sponsored by Quezon City 6th District Marivic Co-Pilar and Councilor Banjo Pilar held at the Fernwood Gardens in Sanville Drive, Barangay Culiat, Quezon City on Wednesday, Feb. 22. A total of 232 couples, most of them already living together for many years, tied the knot. PNA photo by Ben Briones

CA assemblymember proposes $50M in...

then decide whether to include the funding, and then send his revised budget back to the state Legislature for approval. The governor must sign off on the final state budget by June 30.

Newsom cuts funding

In his initial budget released Jan 10, Newsom did not include funds for domestic violence prevention. Funding for prevention services has been an annual ask: in 2019, the state allocated $5 million; in 2020, $10 million, and in 2021, $15 million, which supported 100 DV prevention organizations and programs with a one-time grant of $150,000.

Last year, however, the governor allocated no money for DV prevention programs and services, despite a $97 billion budget surplus. DV prevention organizations say the tenuous, year-by-year annual funding does not allow them to build sustainable programs.

Jones-Sawyer’s budget request lays out how the proposed $50 million would be used. $20 million would be allocated in one-time grants of $150,000 to 135 organizations working on domestic violence prevention. The funds would be allocated through the California Office of Emergency Services. $22 million would be allocated to support innovative interventions and culturally rooted approaches to ending domestic and sexual violence. This portion of the funding would focus on pilot programs engaging men, people with disabilities, LGBTQIA communities and culturallyrooted programs. The funding, which would be administered by the California Department of Social Services, would support pilot programs and expand capacity of existing programs.

DV shelters, rape crisis centers

The request also asks for removal of the criminal fees associated with domestic violence convictions and replaces lost revenue with a $3 million per year grant to domestic violence shelters, $2 million per year to rape crisis centers, and $1 million per year for the California Department of Public Health’s Domestic Violence Training and Education Fund. The remaining $2 million would be used to establish a senior advisor on violence prevention, who could inform multiple state agencies.

The budget request is supported by several domestic violence prevention organizations including the California Partnership to End Domestic Violence, the Culturally Responsive Domestic Violence Network, the Alliance for Men and Boys of Color, and Valor US.

Budget deficit

Abigail Alvarez, a policy consultant with the California Partnership to End Domestic Violence, told Ethnic Media Services that Newsom has not publicly remarked on whether he will support the budget request.

As an issue area, members of the state Legislature have been really responsive, she said.

But California is facing an estimated $22.5 billion budget deficit; several analysts have said the shortfall is much higher. “It’s going to be a tough year to get anything through,” predicted Alvarez. “Other emergencies— floods, wildfires — get a lot of attention. We believe domestic violence is also an emergency.”

DV prevention organizations are mobilizing to garner support from members of the state Legislature. Alvarez said many are providing testimony to “humanize the issue.”

Orange Day of Action

At a Feb. 7 “Orange Day of Action,” held on the steps of

‘No arguments over ICC...

PAGE A1

of it is about judicial reform, correction reform, corrections in our reforms on prosecution, reforms on bail, and all the improvements we are making, they seemed surprised so they didn’t argue with us. They are not argumentative actually,” he added.

While such was the case, Remulla said the parliamentarians also raised key issues in the country including the detention of former senator Leila de Lima and fake news.

The justice secretary did not disclose the particulars of the conversation on De Lima, but he said he told the parliamentarians that her camp had been advised that they could file a habeas corpus petition for her provisional liberty.

On fake news, Remulla said the government will not be weaponizing cyberlibel laws but the DOJ intends to address the problem.

Meanwhile, Remulla said he would be flying to Geneva, Switzerland on Monday for the United Nations Human Rights Council’s 52nd regular session, where he would be speaking about prison reform.

After the meeting, Czarnecki of the conservatives and reformists was asked for a short statement as he walked to their coach and told reporters “we have (our) fingers crossed for your country.”

On several occasions, the European Parliament expressed its concerns about wrongful deaths, the detention of former senator De Lima now on its sixth year, and other human rights issues that hound the Philippine government. Remulla has been vocal about not letting the ICC investigate on Philippine soil the Duterte administration’s alleged crimes against humanity, viewing the investigation as an insult and an act of attempting to “take over” the country’s justice system. He

the state Capitol here, JonesSawyer told the crowd that he had grown up in a violent environment. I realized at some point that I was behaving in the same way.”

California state Assembly members Blanca Rubio, D-San Gabriel Valley, and Robert Rivas, who will serve as Assembly Speaker beginning June 30, also spoke at the rally. The morning event focused on teen dating violence: several youth advocacy groups also spoke about the need to expand prevention services.

“We need to listen to those young voices behind me,” said Rivas, who has a seven-year-old daughter. “We need to teach our youth how to recognize violent relationships and to seek out services. Our young people cannot be left behind.”

Domestic violence survivor

Rubio said she is the sister of a domestic violence survivor and noted that in her youth, domestic violence was not spoken about at home or in the classroom. “We were not equipped to recognize abuse.”

The former teacher is the mother of two teens. “I don’t have the tools to respond to my children if they are experiencing dating violence. I would struggle with what to say. We need tools for parents and for the health and safety of our children.”

Several teens who spoke at the rally also spoke at an Ethnic Media Services briefing Feb. 24.

(Sunita Sohrabji/Ethnic Media Services)

Attack on PCG ship may trigger MDT...

PAGE A2

with respect to the numbers. I think you’re going to see an increase with respect to the joint mix of capabilities that we bring together this time in Balikatan and I think it would provide a very powerful optic of assurance to allies and partners across the region that we’re coming together with the Filipinos and the Australians in a very powerful pronounced way,” Gilday said.

PCG expanding presence

After confirming through aerial reconnaissance the presence of 30 Chinese militia vessels in Ayungin and Sabina shoals, the PCG said it would expand its presence in the West Philippine including by launching more air patrols.

“We are intensifying our presence there. This is a followup to our maritime patrol the other day – the MDA flight that we launched to confirm the presence of the Chinese Coast Guard,” PCG adviser for maritime security Commodore Jay Tarriela said.

He said the Chinese obviously do not respect Philippine sovereignty as Beijing continues to ignore the diplomatic protests filed by Manila over incidents of incursions and harassment by Chinese coast guards and militia vessels.

At a public forum, Tarriela said PCG’s recent air patrol or maritime domain awareness (MDA) flight over areas within the Philippine exclusive economic zone is part of efforts to intensify its presence in the West Philippine Sea.

On Tuesday, February 21, an MDA flight spotted at least 26 Chinese maritime militia vessels

anchored on Sabina Shoal and four others on Ayungin Shoal, along with the CCG vessel 5304. The MDA was conducted a few weeks after an incident wherein the Chinese coast guard beamed a military-grade laser light on BRP Malapascua, which was assisting in the delivery of provisions to troops stationed on the grounded BRP Sierra Madre in Ayungin Shoal last Feb. 6. The Department of Foreign Affairs protested the Chinese action, which briefly blinded some Malapascua crew members.

“That’s why the Philippine Coast Guard always documents the Chinese presence and makes sure we have photos to follow up on the diplomatic protest that we did last week,” Tarriela said. He said that by regularly recording and documenting the Chinese incursions and harassment, the PCG hopes to heighten public awareness as well as attract more international attention.

“Another way that we are doing in ensuring our assertiveness in the WPS is to document their aggressive actions and their presence not just for the filing of diplomatic protests, but also to expose it to the Filipino people so that they are aware of what is happening in the WPS,” he told The STAR He also said the PCG is also eyeing changes in its “rules on the use of force” or RUF so it could deal more appropriately with Chinese provocations. He stressed the use of laser is out of the question for the PCG.

“It’s not PCG’s plan to use laser technology as part of our

weaponry. What we’re saying is for us to revise our rules on the use of force because it’s not indicated in the rules how the PCG would respond to this kind of threat,” he explained. He added they are contemplating the use of protective equipment or devices to shield PCG crew from such attack.

Three PCG officers, meanwhile, have been sent to Australia to participate in the inaugural Civil Maritime Security Program organized by the Australian Border Force.

Philippine Ambassador Ma. Hellen dela Vega welcomed Cmdr. Jonah Arugay, Lt. Cmdr. Valerie Lagua and Lt. Maritoni Saliendra at the embassy.

The three PCG Officers will be joining nine other participants from Indonesia, Malaysia and Vietnam in the six-week program which will include practical exercises on operational command, boarding, search and seizures as well as training on law of the sea and international maritime law.

The embassy said the Philippines and Australia, as maritime nations in the Pacific, share a long history of partnership in defense and security and have continued to enhance maritime cooperation over the years through mutual exchange, education and training.

“Both countries are committed to uphold the rules-based order anchored on international law, particularly the 1982 United Nations Convention on the Law of the Sea, for regional peace, security and stability,” the

has also highlighted how the Philippines already withdrew from the Rome Statute, dissolving its status as a party to the ICC.

Threat

Youth group Anakbayan has slammed Sen. Ronald dela Rosa over insistence that the impending ICC investigation on the Duterte administration’s war on drugs is a threat to the country’s sovereignty.

“The ICC probe is not a threat to our sovereignty. It may just be a threat to Duterte, Bato dela Rosa and their cohorts who implemented the bloody war on drugs,” Anakbayan national chairperson Jeann Miranda said in Filipino.

The group issued the statement, following a heated discussion between Dela Rosa and five visiting lawmakers from the European Union last Wednesday, February 22.

Dela Rosa told reporters that he specifically berated Spanish lawmaker Miguel Urban Crespo, who he described as “very hot” on the issue of the war on drugs and even questioned why Sen. Jinggoy Estrada filed a resolution opposing the ICC investigation.

For its part, labor coalition Nagkaisa urged the Senate to reciprocate the concerns aired by EU parliamentarians on the bloody drug war during the administration of former president Rodrigo Duterte.

“We laud the EU parliamentarians taking up the concerns of those victims and their families. During the meeting, EU Parliament member Hannah Neumann reiterated the EU Delegation’s concerns over the reported thousands of victims of extrajudicial killings in the war on drugs,” Nagkaisa chair Sonny Matula said.

Matula added that the Senate and other lawmakers should support the establishment of a presidential body to investigate the failed drug war and other human rights abuses. 

Individual traditional jeepneys...

PAGE A2

'High costs' of modernization

prohibitive to operators

Mody Floranda, national president of transport group PISTON, earlier explained that many jeepney operators continue to avoid entering into the PUV Modernization Program because of the high costs to change their vehicles, besides the posibility of losing their livelihood once they enter the franchise consolidation.

Floranda said that a reasonable way for the Department of Transportation and LTFRB to handle said concerns is to fully suspend the implementation of the DOTr Department Order 2017-011, which stipulates the rules and requirements of the PUVMP,

and all its supplementing LTFRB memoranda while conducting a thorough review of the program.

"In the process of reviewing the whole program of modernization, the government must ensure that all jeepney drivers and small operators are consulted," he said in Filipino.

"Thousands of jobs are at stake, so it's important that we work together with the state in identifying how a proper transition towards modernization could be justly undertaken."

PISTON reiterated that they do not oppose modernizing traditional jeeps as long as the modernization program ensures and prioritizes a "fair and just transition for transport workers and all affected vulnerable sectors." (Jaime Relativo/Philstar.com)

California says it can no longer a ord aid for COVID testing, vaccinations for migrants

ALL day and sometimes into the night, buses and vans pull up to three state-funded medical screening centers near California’s southern border with Mexico.

Federal immigration officers unload migrants predominantly from Brazil, Cuba, Colombia, and Peru, most of whom await asylum hearings in the United States.

Once inside, coordinators say, migrants are given face masks to guard against the spread of infectious diseases, along with water and food. Medical providers test them for the coronavirus, offer them vaccines, and isolate those who test positive for the virus. Asylum-seekers are treated for injuries they may have suffered during their journey and checked for chronic health issues, such as diabetes or high blood pressure.

But now, as the liberal-leaning state confronts a projected $22.5 billion deficit, Gov. Gavin Newsom said the state can no longer afford to contribute to the centers, which

also receive federal and local grants. The Democratic governor in January proposed phasing out state aid for some medical services in the next few months, and eventually scaling back the migrant assistance program unless President Joe Biden and Congress step in with help. California began contributing money for medical services through its migrant assistance program during the deadliest phase of the coronavirus pandemic two years ago. The state helps support three health resource centers — two in San Diego County and one in Imperial County — that conduct covid testing and vaccinations and other health screenings, serving more than 300,000 migrants since April 2021. The migrant assistance program also provides food, lodging, and travel to unite migrants with sponsors, family, or friends in the U.S. while awaiting their immigration hearings, and the state has been covering the humanitarian effort with an appropriation of more than $1

billion since 2019.

Though the White House declined to comment and no federal legislation has advanced, Newsom said he was optimistic that federal funding will come through, citing “some remarkably good conversations” with the Biden administration. The president recently announced that the United States would turn back Cubans, Haitians, and Nicaraguans who cross the border from Mexico illegally — a move intended to slow migration. The U.S. Supreme Court is also now considering whether to end a Trump-era policy known as Title 42 that the U.S. has used to expel asylum-seekers, ostensibly to prevent the spread of the coronavirus.

Already, one potential pot of federal money has been identified. The Federal Emergency Management Agency and the U.S. Department of Homeland Security issued a statement to KHN noting that local governments and nongovernmental providers will soon be able to tap into an

California dangles bonuses for nursing homes...

deputy director at the Department of Health Care Services, which administers Medi-Cal, the state’s Medicaid insurance program for people with low incomes and disabilities.

Patient advocates and industry officials described the changes as an improvement, but they expressed skepticism about whether they would work. They said the bonuses fall short of what’s needed to address chronic understaffing and the closure of rural facilities.

Last year, lawmakers allocated $280 million for the bonus program — just a fraction of the more than $6 billion that nursing homes take in every year from Medi-Cal. The safety-net health program insures two-thirds of nursing home residents in the state. Meanwhile, the money nursing homes could get by improving working conditions for their employees is comparable to temporary funding that facilities received from the state during the pandemic — which means funding essentially remains flat overall.

“The overwhelming majority of the money goes to facilities regardless of what their quality looks like,” said Tony Chicotel, an attorney with California Advocates for Nursing Reform, a nonprofit that represents long-term care residents. “The worst performers will still get paid about the same as the best performers.”

Newsom and legislators adopted the new payment structures in a state budget bill last year, explicitly calling on regulators to leverage taxpayer funding in order to improve pay and working conditions for staffers who feed, bathe, dress, and ensure the wellbeing of elderly and frail patients at the state’s 1,200 nursing homes. But the pandemic had already exposed deep, systemic problems at nursing homes. While older adults have a heightened risk of dying of covid, the coronavirus

spreads more easily in institutional settings — and some studies have found that nursing homes with fewer staff members had significantly higher covid infection and death rates.

According to an industry official, California’s nursing homes care for 350,000 residents each year. More than 10,000 nursing home residents have died of covid since January 2020, about a tenth of Californians killed by the virus so far.

Nationwide, at least 163,538 had died of covid in U.S. nursing homes as of Jan. 22, according to the latest data from the Centers for Medicare & Medicaid Services.

In an August memo, CMS Deputy Administrator Daniel Tsai encouraged states to use Medicaid money to improve training and staffing at nursing homes. The federal agency is also reviewing mandatory staffing levels.

In California, regulators are acting on the belief that increased staffing and better working conditions will reduce patient injuries and emergency room visits. Hence, facilities that make improvements in those areas will qualify for boosted MediCal payments. Guidelines are expected to be drafted this year.

Democratic lawmakers, many with ties to labor, suggested the administration consider rewarding facilities that unionize or pay a prevailing wage. The inclusion of those incentives in the bill was a win for labor, since only 20% of California nursing home workers belong to a union.

Industry officials have largely shrugged at the state’s incentives. They said Medi-Cal payments are lower than what they receive from Medicare and private health plans.

“This is not going to move the needle fundamentally as long as the state continues to disinvest so badly into nursing homes,” said Craig Cornett, CEO of the California Association of Health

Facilities. “Facilities desperately want more staff. They want to hire more staff, but they are paid so poorly through Medi-Cal that that’s virtually impossible.”

Harrington, who is implementing the nursing home rules, called the funding level “appropriate.”

This isn’t the only change the state has made to get nursing homes to hire more workers.

Lawmakers rewrote complicated Medi-Cal formulas last year so that nursing homes have an incentive to pay workers more. Under the change, facilities can collect up to 5% more in labor costs every year through 2026, compared with a 2% increase for administrative and other nonlabor costs. That amounts to an estimated $473 million more for nursing homes in the next fiscal year, according to the Department of Health Care Services.

Labor is also pushing for a statewide $25 minimum wage for health support staffers, who include nursing home workers. In 2022, California nursing assistants earned an average $20.38 an hour across the health industry, according to the state Employment Development Department.

“We’re really making sure the needs of a patient are met,” said Arnulfo De La Cruz, president of Service Employees International Union Local 2015, which represents nursing home workers and in-home caregivers. “And a big part of that is addressing the needs of workers who deserve to work with dignity, to be well paid, to have benefits, and certainly not to be overly taxed and stressed out physically because they’re caring for too many patients.”

(Samantha Young/Kaiser Health News)

This story was produced by KHN, which publishes California Healthline, an editorially independent service of the California Health Care Foundation.

EU says human rights condition in PH ‘better’ under current admin

MANILA – A delegation of European legislators said the human rights situation in the Philippines is “better” under the current administration compared to the time of former President Rodrigo Duterte.

“It is better than it was under President Duterte, I think that we can clearly state. We clearly had the impression that everyone was very willing to discuss human rights issue with us which has not been the case under the previous administration,” Hannah Neumann, vice president of the European Parliament (EP) Subcommittee on Human Rights, said in a press conference Friday, February 24.

Neumann was speaking in Makati on the last day of her delegation's official Manila visit where they met with government officials and stakeholders to discuss developments on human rights.

In a statement, the delegation welcomed the Marcos administration’s commitment to engage on human rights with the international community, including UN mechanisms.

Neumann said they were encouraged by “promising first steps and announcements in this regard,” notably within the framework of the Universal Periodic Review.

“We also clearly note favorably the President’s commitment to change the focus of the socalled war on drug away from a punitive and deadly approach towards more prevention and rehabilitation, and welcomed the commitment not to reintroduce the death penalty,” she said.

Meanwhile, the delegation noted that they were “made aware of continuing extra judicial killings” and underscored the importance of investigating into each case.

Neumann believes allowing the ICC to enter the country would contribute to the investigation of the more than 6,000 deaths reported during the previous administration’s campaign against illegal drugs.

“If there are 6,000 cases and the government is sincere with building accountability and investigating these, this means 6,000 cases need to be filed, witnesses have to be found, evidence need to be collected— 6,000 cases. And we’re are now, nine months into the new administration, 25 cases are being filed, three people are being sentenced,” she said.

The European lawmaker said the EU is “very willing” to extend assistance and technical expertise, noting that properly probing over 6,000 cases “will

House panel okays divorce bills

by MA. REINA TOLENTINO ManilaTimes.net

THE Committee on Population and Family Relations of the House of Representatives on Thursday, February 23 approved in principle the proposed laws for divorce.

These are House Bills (HBs) 78, 2593, 3843, 3885, 4957, and 4998.

The committee designated Albay First District Rep. Edcel Lagman to head the technical working group that will produce the substitute bill.

In its hybrid meeting, the committee heard the positions of resource persons on divorce.

Later, following Lagman's motion for the approval in principle of the measures and HBs 1021 and 1593 which was seconded, the committee moved to approve the proposed laws.

Lagman moved for the approval of the bills "subject to the submission of a substitute bill encompassing the various

take basically forever” based on this current trajectory.

“For us, asking the ICC to come in is the perfect way to do it,” she said. “These are 6,000 people who lost their lives, and they deserve that this is being properly investigated. And I think this is the discussion that we should have all together,” she said.

In the same presser, Neumann said the following years are also a crucial time for the EU and the Philippines' trade ties as Manila’s GSP+ inclusion is set to expire in December.

Neumann said there would be a two-year transition period where the Philippines could reapply.

“This gives basically the administration a timeframe of about two years to show the sincerity in the implementation and improving the human rights situation on the ground for us to properly assess and see how we proceed,” she said.

Neumann was joined by other members of the EP (MEP) Ryszard Czarnecki, Isabel Wiseler-Lima, Karsten Lucke, and Miguel Urban Crespo.

The MEPs held meetings with the chairman and members, both from majority and minority, of the Senate Committee on Justice and Human Rights and of the House Committee on Human Rights.

(PNA)

bills to be crafted by a technical working group soonest with special concern on the civil recognition of marriages dissolved by the Catholic Church and other recognized religious denomination as a possible separate measure but a companion bill."

HB 1021 seeks to recognize church annulment or church dissolution of marriage.

On the other hand, HB 1593 aims to recognize the civil effects of church annulment, church declaration of nullity, and church dissolution of marriage.

Lagman said that absolute divorce "is urgently necessary in exceptional cases for couples in inordinately toxic and irreparably dysfunctional marriages, particularly the wives who are abused or abandoned."

"The State has the responsibility of rescuing couples and their children from a house on fire," he added.

Annulment, declaration of

nullity, and legal separation are available options in the Philippines.

Lagman said that in a legal separation, "the judicially separated spouses cannot remarry unlike in a divorce decree."

"In annulment and dissolution of marriage based on psychological incapacity, the causes must exist before or contemporaneous with the celebration of the marriage, while in reality, the overwhelming grounds for divorce occur after the marriage and during cohabitation," he said.

Among the grounds for absolute divorce stated in HB 78 was psychological incapacity, "whether or not the incapacity existed at the time of the marriage or supervenes after the marriage."

Other grounds for absolute divorce under HB 78 include "violence or aggressive behavior within the home, typically

Reviewing devolution

LOCAL government units are supposed to have a better grasp of the needs in their areas of jurisdiction. On the other hand, certain government services are better carried out at the national level. Identifying which functions must remain devolved to LGUs, and which are better handled by the national government, will be studied for a year by the executive branch.

Meeting last Wednesday, February 22, with municipal mayors, President Marcos said his administration is weighing the impact of the devolution of many functions to LGUs. Apart from functions devolved under Republic Act 7160 or the Local Government Code of 1991, Rodrigo Duterte during his presidency issued Executive Order 138 in June 2021, devolving additional functions. Under EO 138, the functions, services and facilities must be fully devolved by the end of 2024.

Editorial

of EO 138, it can include a scrutiny of the role played by LGUs in ease of doing business, attracting investments and stabilizing food supply and costs. The business community has long complained about LGU red tape in opening, operating and even closing a business in this country, whether micro, small, medium or large-scale. This problem has been among the biggest disincentives to investment.

The EO was issued following a ruling of the Supreme Court in the so-called Mandanas-Garcia case, which effectively gave LGUs a larger share of national revenues. Duterte’s economic team had expressed concern about the huge chunk of revenues taken out of the hands of the national government. Even without the Mandanas ruling, devolution was already making long-term planning for big-ticket infrastructure and other development programs challenging. While the government is reviewing the impact

Virtual Reality

IS China preparing for war?

Yes. And it will be over Taiwan. The invasion could happen between 2024 and 2027, according to U.S. analysts.

And of course, over its claims to reefs, islets, islands and waters of the South China Sea. In case of an attack on Taiwan, the U.S. has said it will defend the island.

In case of an attack on the Philippines’ Kalayaan Island province, U.S. succor is “subject to constitutional processes” –which can mean anything such as the U.S. Congress formally declaring war against China first – which could be an extended, laborious procedure.

Under Article IV of the 1951 Philippines-U.S. Mutual Defense Treaty, “Each Party recognizes that an armed attack in the Pacific area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.”

SOMETHING unusual happened to me the other day.

I attended a luncheon upon the invitation of a political secretary of a foreign embassy. As I animatedly spoke about the reforms needed to realize our development goals, I found myself speaking in the third person’s perspective, as if I was BBM. The secretary noticed it, as did I. I immediately corrected myself, apologized and chalked it up to over-enthusiasm.

On the way back to the office, I realized that I was more politically considerate about my views when I spoke as if in BBM’s shoes. So as I sat down to write this piece, I decided to roll with it. Why not? What would I do if I were President Bongbong Marcos?

First of all, I would be quite pleased with myself. I vindicated the Marcos brand by winning the presidency by a commanding margin. I accomplished my mission as my father’s son.

But the presidency comes with a multitude of problems. On my shoulders lie the specter of war right in our backyard; the problems of poverty, unemployment and a festering cost of living crisis;

Recent reports have also cited the role of LGUs and barangays in the price surges in agricultural commodities including eggs, onions, pork and poultry meat. Producers complain about red tape and redundant fees collected, from the barangay level up to the town or city hall, at every step of production and transport from farm to market.

In the wake of the Mandanas ruling, the Duterte administration moved to put LGUs in charge of more government functions. A number of local executives have complained that the greater revenue share would not be enough for the additional functions devolved.

The first major indication of China preparing to invade Taiwan soon is President Xi Jinping’s nearly two-hour address to the Chinese Communist Party’s National Congress on Oct. 16 last year.

Before 2,300 party bigwigs, Xi pledged never to renounce the use of force to take control of and unify with self-ruling Taiwan. He also pledged to strengthen China’s “socialist democracy,” modernize its economy and build a top-class military. In that same speech, Xi ordered the People’s Liberation Army to devote all its energy to fighting, in preparation for war.

China has always treated Taiwan as its renegade province. As to the Spratly island archipelago, spread over 3.5 million square kms of the South China Sea (SCS), Beijing considers it part of Hainan, its southernmost province, under “historic rights.”

The Arbitral Tribunal at The Hague in 2016 rejected China’s claim over the SCS on historic rights under its so-called ninedash line map, which is a pure concoction. The Philippines has what is called the Kalayaan Island

a widening current account deficit and the heightened threat of destabilization by political factions, among others.

Considering the highs and lows I had been through in my life, fame and fortune no longer appeal to me. They are already a given. What matters, at this juncture, is the legacy and the positive impact I leave behind. I would like history to count me as a game-changer, not by disinformation or fake propaganda, but because I indeed changed the trajectory of the country.

I will choose my battles since it is impossible to solve all the country’s problems in six years. I will focus on imminent threats and reforms that carry maximum impact.

Among our most urgent threats is the high probability of war in Taiwan and dealing with China’s creeping invasion in the West Philippine Sea. I would do exactly what BBM is doing – engage with countries who believe in a rulesbased framework for international discourse, democracy and free market capitalism. I will strengthen military cooperation with the U.S., Japan, Australia, Canada and the European Union.

I will not worry about aggravating China because China is already aggravated. Cool heads do not point lasers at so called “friends” with the intent to fire.

Group (Likas, Parola, Lawak, Kota, Patag and Panata or KIG), in the Spratlys. The six-island KIG is a town of about 200 people and is part of Palawan province, 280 nautical miles away. The South China Sea is said to be a “crucial shipping lane, a rich fishing ground and believed to hold substantial oil and gas resources.” The SCS lies to the “south of China and the islands of Hainan and Taiwan; to the west of the Philippines; to the east of Vietnam and to the north of Malaysia, Brunei, Singapore and Indonesia.” Separately, the Scarborough Shoal (Bajo de Masinloc), which the Philippines says is part of Zambales province but was taken over by China in 2012, is 355 kms from Manila but 857.48 kms from Hainan. The Chinese consider Scarborough part of Hainan province.

In his October speech, Xi declared to loud applause: “Resolving the Taiwan question is a matter for the Chinese, a matter that must be resolved by the Chinese.”

He added: “We will continue to strive for peaceful reunification with the greatest sincerity and the

China is the enemy not only of the Philippines but of at least nine Asian countries, all of whom China is grabbing territories from. China is pursuing its territorial ambitions with impunity and this has disturbed the peace in the region. That said, we need partners to help us defend our sovereignty and way of life. I will hasten to sign a new defense treaty with Japan with an expanded VFA and as well as the Philippine-Canada Defense MOU.

More importantly, I will formulate a new national defense strategy. This time, it will be geared towards territorial defense rather than domestic insurgency. I will invest heavily in the capacitation of the armed forces, especially the navy.

The country’s needs are enormous but our resources are scarce. A 2019 study showed that a whopping P734 billion, or 20 percent of the national budget, go to corruption every year. Indeed, corruption is the cause of the country’s perennial underachievement.

The Marcos name has been synonymous with plunder and corruption, worldwide. As BBM, I will turn the narrative on its head and become the champion of good, honest governance. How to quell corruption is a topic for another piece; suffice it to say that

They also complained about the lack of expertise and manpower for the devolved functions. The response of the previous administration boiled

utmost effort, but we will never promise to renounce the use of force, and we reserve the option of taking all measures necessary.

“Complete reunification of our country must be realized, and it can, without doubt, be realized.”

President Biden has said the U.S. will defend Taiwan and send forces if invaded by China. Those forces will likely come from the Philippines which has offered, apparently for free, the use by Americans of nine Filipino military bases, up from five in 2014 under an Enhanced Defense Cooperation Agreement which President Marcos Jr. has embraced wholeheartedly, signifying a shift in Manila’s stance from pro-China under President Duterte to proAmerica. “Our alliance makes our democracies more secure and helps uphold a free-andopen Indo-Pacific,” gushed U.S. Defense Secretary Lloyd Austin when he visited Manila in early February.

For his part, Foreign Secretary Enrique Manalo tweeted: “PHU.S. Alliance is rock solid,” after the meeting with Austin. Gordon Chang, a lawyer and

doing so will free resources to meet the country’s many needs. I will also criminalize deeds of entitlement among government functionaries and their next of kin. Doing these will make me (BBM) a worldwide hero. Investment in infrastructure will accelerate our development. This, I will pursue with vigor. However, I will prioritize human and social infrastructure first before physical infrastructure, just as ex-NEDA secretary Ernesto Pernia advised. Human infrastructure, specifically nutrition, health care and education, are fundamental. As it stands, 26.5 percent of our youth are victims of stunted growth, hence unable to realize their full mental and physical potential as an adult. In education, Filipino youth are the world’s laggards in reading, math and science. The next generation of Filipinos is doomed to be the blue collar workers of the world unless we address the situation now. Social infrastructure like health care facilities, schools and social safety nets merit the second highest appropriation of resources. As for physical infrastructure, I would lean on Private Public Partnerships given our track record of success utilizing this modality.

As for the economy, I will make manufacturing resurgence a national priority. We need it

ManilaTimes.net photo

down to: you can’t have your cake and eat it, too. The review of EO 138 should help rationalize devolution. (Philstar.com)

author and China expert (although he has twice predicted, wrongly, the collapse of China in 2011 and 2012), sees “unmistakable signs” that China is going to war on Taiwan. These are:

• The October 2022 speech of Xi before the Communist Party Congress during which he formed the equivalent of a “war cabinet.”

Xi elevated key allies with a background in defense to be in charge of controlling financial regulation, central banking and economic policy, according to veteran investor Kyle Bass in an interview last November. The appointments are like removing the head of the SEC, the head of the central bank and the finance minister.

• The largest military buildup ever in China’s history.

Last year, Russian and Chinese strategic warplanes, including Tupolev-95 long-range “Bear” bombers, conducted joint patrols over the Sea of Japan and East China Sea. Two Chinese and two Russian warplanes entered South Korea’s air defense zone.

A Pentagon report has said China would have 1,500 nuclear warheads by 2035.

The Carnegie Endowment for

urgently to diminish our reliance on imports and stabilize our current account deficit. The economy must be recalibrated from one that is 74 percent consumer-driven to one where production comprises at least 40 percent. I will revive the successful Manufacturing Resurgence Program initiated in 2013, albeit with modifications.

The country needs to be a world champion in at least one industry. Doing so will provide much needed forex revenues to trim our deficits whilst fanning the flames of national pride. It will boost our people’s morale. It will be an undeniable win for the administration and a symbol of its success. This badge of victory is politically necessary, given the intensifying campaigns to destabilize my government.

We are in pole position to be a global champion in the ITKPO sector given our young, tech savvy, English speaking population. Besides, the seeds of success in the IT-KPO space are already there, what with annual revenues of $33 billion. Admittedly, a lot needs to be done to capacitate and better educate our youth. But countries like India have done it despite facing similar challenges. We will do well to learn from the Indian model.

And speaking of national pride, I will make good on my promise

International Peace reported in October 2022 that “commercial imagery used by non-government analysts has identified new military facilities and weapons in China, including what appears to be new silo fields for its expanding nuclear-armed force of intercontinental ballistic missiles.”

In February last year, before Moscow’s invasion of Ukraine, China and Russia announced a “no limits” strategic partnership. In April this year, President Xi will visit his friend Vladimir Putin in Moscow.

• Mobilization of Chinese civilians for war.

• Sanction-proofing China in case the West punishes it for invading Taiwan.

• The takeover by the government of civilian factories or those owned by private entrepreneurs and refocusing their production towards war materiel and support. (Philstar. com)

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

to bring back the “golden age” of the Philippines. The “golden age” makes reference not only to rapid economic growth (which we are already achieving) but in a strong country brand. A strong country brand translates to soft power. What is soft power? It is a country’s ability to influence global decisions and change mindsets, not through coercion but by persuasion. This is especially relevant now that we need more allies to forward our security, diplomatic and economic interest. I will establish a new office focused on external/ global communications. Its mandate will be to trumpet Philippine advances in the socio-economic realm, success stories of human interest, a cultural campaign and, more importantly, our geopolitical agenda. There is more I would like to do if I were BBM but space limitations prevent me from cramming them all here. Expect a second installment of this trend of thought soon. . (Philstar.com)

* *

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

* * * Email: andrew_rs6@yahoo.com. Follow him on Twitter @aj_masigan

TONY LOPEZ

As Marcos moves holiday, People Power anniversary just a regular working day

MANILA — The day when the country marks the 37th anniversary of when Filipinos toppled the dictatorship of Ferdinand Marcos Sr. is just a regular working day, Malacañang said on Friday, February 24, as his son and namesake has moved the holiday in commemoration of this historic event due to “holiday economics.”

“Consistent with the holidays moved in furtherance of holiday economics as contained in Proclamation No. 90 dated November 11, 2022, February 24, 2023 has been declared a

special non-working holiday to mark the Edsa anniversary in lieu of February 25, 2023 (a regular working day) but without diminishing the latter's significance,” the Official Gazette said on Facebook.

In Proclamation No. 167, President Ferdinand Marcos Jr. noted that a special non-working day will be declared on Friday "to enable our countrymen to avail of the benefits of a longer weekend pursuant to the principle of holiday economics… provided that the historical significance of EDSA People Power Revolution

Anniversary is maintained." Marcos Jr. said in Proclamation No. 90 that holiday economics, a policy previously implemented during the presidency of Gloria Macapagal-Arroyo, “will help encourage domestic travel and increase tourism expenditures in the country.”

People Power ended what activists and historians call "one of the darkest periods" in the country’s history on February 25, 1986. Commemorative activities are scheduled on Saturday, February 25. (Xave Gregorio/ Philstar.com)

PH eyes own missile system

by PAOLO ROMERO Philstar.com

THE Philippines will inch closer to achieving its deterrence objectives as it is poised to have its own missile system that will give the country's "anemic" defense capability a much-needed upgrade.

The Philippine Navy (PN) should be receiving this year the first of three batteries of the BrahMos shore-based anti-ship missile system (Sbasms), which will be the primary weapon of the Coastal Defense Regiment (CDR), a newly formed unit of the Philippine Marine Corps.

The regiment is part of the Navy's Defense Capability Program and Active Archipelagic Defense Strategy, which aims to improve and increase sea control capabilities based on anti-access and area denial operations, while maintaining overall territorial integrity, asserting the country's sovereignty in its exclusive economic zone (EEZ) and extended continental shelf, and protecting Sea Lines of Communications (SLOCs).

It is composed of the Sbasms Battalion and the Shore-Based Air Defense System (Sbads) Battalion, which were both activated in June 2022.

The regiment is expected to be fully functional in 2026.

The acquisition of the BrahMos is part of a $375-million deal inked by India's BrahMos Aerospace

and the Philippine government in January 2022.

The deal was supposed to be signed a year earlier during the proposed state visit of thenpresident Rodrigo Duterte that would have made the Philippines the first country to buy the BrahMos missile even though it has been in service with the Indian armed forces since the 2000s. The plan, however, did not materialize because of the COVID-19 pandemic.

Training completed

Aside from the three batteries, the multimillion dollar contract between India and the Philippines also covers launcher vehicles, command and control, and training and support.

The operator training is a critical package included in the BrahMos deal.

Just recently, 21 Philippine Navy personnel belonging to the CDR's Sbasms Battalion completed their training in India that focused on operations and maintenance of some of the most important logistics of the BrahMos.

The BrahMos is considered as the world's fastest anti-ship supersonic cruise missile, capable of flying at nearly three times the speed of sound and can be launched from submarines, ships, aircraft or land.

This missile system was acquired by the Philippines in order to increase the capabilities of the CDR in defending coastlines, deter enemy littoral ships and amphibious forces, and support

overall naval operations and littoral capabilities. Its introduction into the Philippines, according to Asia Maritime Transparency Initiative Director Gregory Poling, is the "most strategic purchase the Armed Forces of the Philippines has made in years." Defense experts said the BrahMos cruise missile system will provide counter-attack capabilities within the Philippine exclusive economic zone.

The missile batteries are likely to be deployed in Luzon and Palawan, both facing the South China Sea.

All the land features in the West Philippine Sea that the Philippines considers an integral part of its territory but are being claimed in whole by China are less than 220 kilometers away from its shoreline, including Mischief Reef where China has constructed military installations.

The BrahMos missile system acquired by Manila can be used to target mobile targets within 300 kilometers of the coast.

"Operation of the BrahMos missile batteries will give the PN a true intermediate range external defense capability," Prof. Jay Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, told The Manila Times.

"It will be a major boost to defending the archipelago and maintaining stability in the West Philippine Sea," he said. 

House panel okays divorce...

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involving the violent abuse of a spouse by the other" committed through physical violence, psychological and emotional violence, sexual violence, or economic abuse. There are certain grounds which HB 78 stated may be subject to summary judicial proceedings, including de facto separation for five years or more; when a spouse has contracted

a bigamous marriage; legal separation by judicial decree for at least two years; when a spouse has been sentenced to imprisonment for six years, "even if subsequently pardoned;" and when "one of the spouses has undergone a sex reassignment surgery or has transitioned into another sex."

HB 78 states that except for the grounds under summary judicial proceedings, a court

Marcos declares: ‘Darkest hours of pandemic are over’

by CATHERINE S. VALENTE ManilaTimes.net

PRESIDENT Ferdinand

"Bongbong" Marcos Jr. on Friday, February 24 boldly declared that the "darkest hours of the pandemic are over" as he vowed government's support to boost the country's domestic tourism industry.

Marcos issued the statement as he joined thousands of his fellow Ilocanos in celebrating the annual Tan-ok ni Ilocano Festival, which is Ilocos Norte's cultural festival, here at the newly refurbished Ferdinand E. Marcos Memorial Stadium in Laoag City. In his speech, the president acknowledged the efforts of the local government units, particularly in Ilocos Norte, "for bringing together the people, the visitors and alike to partake in our abundance."

Marcos noted that though the past three years had sidelined the celebration of festivals and other crowd-drawing events in the country due to the global health crisis, the time has come to reclaim lost opportunities.

"The darkest hours of the pandemic we pray are over, and now, we are ready to reclaim the time and opportunities we have lost for the last few years as we now emerge stronger than ever," the president said.

"Beyond today's revelry, this event is expected to stimulate economic activity and support

Ilocano families by driving tourism industries, sustaining local livelihoods," he added.

The president cited that the number of tourist arrivals is steadily increasing and would hopefully reach pre-pandemic levels.

"I assure you the government's commitment to strengthen the domestic tourism industry remains a top priority and Ilocos Norte will play a very large part," Marcos said.

"The number of visitor arrivals is recovering. It is my hope that, by working together, we restore Ilocos' vibrancy in tourism to prepandemic levels and beyond," he added.

The president also urged the next generation of Ilocano artists "to be proud of your identity and integrate our rich customs and traditions into the art that you showcase."

"Let us share with our fellow Filipinos, and the rest of the world, the story of our roots in the upland indigenous communities, the vibrant communities of Ilocos, many of which have been crucial in molding us into what we are as a people today," he said.

Marcos also thanked the people behind the renovation of the stadium where the celebration of the festival was being held.

"Named after my father, this stadium speaks well of the strength, the brilliance, the

SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY IFB NO. SP589-23 ROTEM CAB CAR F-END PIPING MODIFICATION

The Southern California Regional Rail Authority (SCRRA) is seeking Bids for Rotem Cab Car F-End Piping Modification. Bid documents may be downloaded at SCRRA’s website at http://www.metrolinktrains. com/contracts. Bids are due on 3/27/23. The contract to be awarded will be funded in part by grants under the U.S. Department of Transportation, Federal Transportation Administration and is subject to an DBE Participation Goal of 3.5%. For further information contact: Dorothea Cantero, Contract Administrator, at canterod@scrra.net.

2/25/23

CNS-3635215#

ASIAN JOURNAL (L.A.)

shall not start trying a petition for absolute divorce before the end of a six-month period after the filing of the petition "during which the court shall exercise all efforts to reunite and reconcile the parties."

That cooling-off period shall not apply in cases involving acts of violence against women and their children or attempt against the life of a spouse, a common child, or a petitioner's child. 

California says it can no longer a ord aid...

PAGE A4

additional $800 million in federal funds through a shelter and services grant program. FEMA did not answer KHN’s questions about how much the agency spends serving migrants.

“We’re continuing our operations and again calling on all levels of government to make sure that there is an investment,” said Kate Clark, senior director of immigration services for Jewish Family Services of San Diego, one of two main migrant shelter operators. The other is run by Catholic Charities for the Diocese of San Diego.

While health workers and immigration advocates want the state to continue funding, Newsom appears to have bipartisan support within the state for scaling it back. He promised more details in his revised budget in May, before legislative budget negotiations begin in earnest. And, he noted, conditions have changed such that testing and vaccination services are less urgent.

San Diego County Supervisor

Nathan Fletcher, a Democrat, agreed that the burden should be on the federal government, though local officials are contemplating additional assistance. And state Senate Republican leader Brian Jones of San Diego, who represents part of the affected region, said that California is set to end its pandemic state of emergency on Feb. 28, months before the budget takes effect in July.

“The pandemic conditions no longer warrant this large investment from the state, especially since immigration is supposed to be a federal issue,” Jones said in a statement.

California began its migrant assistance support soon after Newsom took office in 2019 and after the Trump administration ended the “safe release” program that helped transport immigrants seeking asylum to be with their

family members in the United States. It was part of California’s broad pushback against Trump’s immigration policies; state lawmakers also made it a socalled sanctuary state, an attempt to make it safe from immigration crackdowns.

California, along with local governments and nonprofit organizations, stepped in to fill the void and take pressure off border areas by quickly moving migrants elsewhere in the United States. The state’s involvement ramped up in 2021 as the pandemic surged and the Biden administration tried to unwind the Trump administration’s “remain in Mexico” policy. While some cities in other parts of the country provided aid, state officials said no other state was providing California’s level of support.

In a coordinated effort, migrants are dropped off at the centers by federal immigration officers, then are screened and cared for by state-contracted organizations that provide medical aid, travel assistance, food, and temporary housing while they await their immigration hearings.

Both Catholic Charities for the Diocese of San Diego and Jewish Family Service of San Diego coordinate medical support with the University of California San Diego. The federal government covers most of the university’s costs while the state pays for nurses and other medical contractors to supplement health care, according to Catholic Charities.

It often takes one to three days before migrants can be put on buses or commercial flights, and in the meantime, they are housed in hotels and provided with food, clothing, and other necessities as part of the state’s program.

“Many of them come hungry, starving,” said Vino Pajanor, chief executive of Catholic Charities for the Diocese of San Diego,

who described the screening and testing process at the centers.

“Most of them don’t have shoes. They get shoes.”

Officials said about 46,000 people have been vaccinated against the coronavirus through the program. They said the figure is significantly lower than the number of migrants who have come through the centers because some were vaccinated before reaching the U.S. and younger migrants were initially ineligible, while others refused the shots.

According to the California Health and Human Services Agency, the state plans to phase out some medical support, but the sheltering operations are expected to continue “for the near term” with their future determined by the availability of federal funding. Of the more than $1 billion spent by the state, $828 million has been allocated through the Department of Public Health, according to the governor’s office.

The agency said that while the state has not adopted specific plans to cut the sites’ capacity, it will put a priority on helping families with young children and “medically fragile individuals” if the shelters are overwhelmed by arrivals.

Some immigration advocates said the state was making the wrong choice.

“Now’s the time for the state of California to double down on supporting those individuals that are seeking relief from immigration detention,” said Pedro Rios, who directs the U.S.-Mexico border program at the American Friends Service Committee, which advocates on behalf of immigrants. “I think it sends an erroneous message that the issues are no longer of concern.”  This story was produced by KHN, which publishes California Healthline, an editorially independent service of the California Health Care Foundation.

CHESS CULTURE. Two men play chess using giant pieces and a 16-foot board at a mall in Cubao, Quezon City on Thursday, Feb. 23. The chess culture in Araneta City where a number of historic tournaments occurred -- one of which is the Philippines International Chess Tournament in October 1973 where a ceremonial match was played by the late former president Ferdinand E. Marcos and American grandmaster Bobby Fischer. PNA photo by Robert Oswald P. Alfiler

resilience of every Ilocano. I am certain my father is now watching us proudly to see how far we have fared as a people," Marcos said.

Atty. Gurfinkel answers immigration questions from Kapamilya in Las Vegas on Citizen Pinoy

IN this encore episode, leading U.S.

Immigration Atty. Michael J. Gurfinkel and the Citizen Pinoy team went to Radiant Beauty Skincare Med Spa, a skincare clinic co-founded by husband-and-wife team of Frances CalayanCuento and Mariel “Muyie” Cuento, to answer immigration questions from Kapamilya in Vegas.

• Jeff wants to know if he can petition his

brothers, and how much time it will take before his siblings can join him in the U.S.

• While Rudy can petition his stepson, it will take at least 11 years for the priority date to be current. He asks if there are other, faster options for his stepson to come to the U.S.

• Richard’s friend came to the U.S. as a student and overstayed. Can his friend adjust

Jessy shares

family photo amid Luis’ fuel company controversy

by Kristofer Purnell Philstar.com

ACTRESS Jessy Mendiola shared a rare family photograph of her with husband Luis Manzano and their infant daughter Isabella Rose or Rosie.

On her Instagram account, Jessy posted a Story which sees a distant photo on a brick path of her swaddling Rosie in clothing as Luis leans in for a kiss.

Jessy then followed the Story up with closer photos of her with Rosie, one staring at her baby and another at the camera.

Both Jessy and Luis have seldom shown photos of Rosie since Jessy gave birth last December 29, 2022 such as during Rosie’s birth and when she turned a month old.

Jessy did share a singular photo of Rosie last February 3, calling her her “favorite subject,” and for Valentine’s Day posted a photo of Luis holding a sleeping Rosie whom he also lovingly calls Peanut.

Celebrity couple Jessy Mendiola and Luis Manzano with their daughter Rosie Photo from Instagram/@jessymendiola

Battle of Manila survivor to speak at bookshop

SAN PEDRO – Philippine Expressions Bookshop presents Conversations with Evelyn Berg Empie: A Survivor of the Battle of Manila. This second Book Talk for 2023, which commemorates the Battle of Manila (February 3March 3, 1945), will be held on Saturday, March 4, 2023 from 2:00pm to 6:00pm at Philippine Expressions Bookshop, 479 W Sixth Street, Suite 105, San Pedro, CA 90731. The bookshop is located in the historic Arts District of San Pedro, the Port City of Los Angeles. The Book Talk is free and open to the public but RSVP is requested due to limited space.

The Battle of Manila is pivotal in ending the 3-year Japanese occupation of the Philippines during the Second World War. This month-long conflict brought about the complete devastation of the city that was once known as the Pearl of the Orient. Over 100,000 civilians perished as a result of the Japanese forces slaughtering its inhabitants and being caught in the crossfire of the American firepower. A great majority of its architectural and cultural heritage were also reduced to ruins from the Japanese resistance and American artillery. Manila became one of the most ravaged cities by the end of the war.

Evelyn Berg Empie, relives her first-hand experience during this appalling time in Philippine history, as related in her first book, A Child in the Midst of Battle: A Family’s Struggle for Survival in WarTorn Manila, co-authored by her son, Stephen H. Mette. The book features original watercolors and drawings by Xavier Aboitiz.

“Imperial warplanes swarmed in the sky, dropping their loads of destruction on the city at every time of the day and night. The ack-ack of antiaircraft fire was deafening. Tracer bullets shredded the night sky. Whenever we heard the planes approaching we scurried into a large closet beneath the stairs. We held our breath at the sounds of the bombs falling - a horrible whistling sound you don’t forget - and braced for explosions that

rocked the earth.” So begins the extraordinary journey of a tenyear-old girl who - along with her family and the people of the country she loved - endured the nightmare of Japanese occupation in wartime Manila.

Join her in an unforgettable story of despair, innocence lost and, finally. renewal. A presentation of videos on the Liberation of Manila will be shown as part of the program.

Evelyn Berg Empie is a 5th generation Spanish mestiza born in Manila and went to school at the Assumption Convent. Her mother, Fe Mandelbaum was Spanish/American, whose mother, Carmen Romero descended from old Spanish clans and father, Francis “Cheri” Mandelbaum, was an American architect. He went to Manila in 1904 to work for the American Government, building up the new territory they had just acquired from the Spanish. He also built homes for the wealthy in pre-war Manila, and taught architecture at the University of Sto Tomas. During the war he was interned as a POW because he was an American citizen.

Evelyn’s father, Ernest Berg, on the other hand, was born and raised in Germany and came to Manila in the late 1920’s. When war broke out on Dec. 8th, 1941 he had already built 32 Red

Atty. Gurfinkel answers immigration...

her status in the U.S. if she marries her boyfriend who is a U.S. citizen. And after answering questions from Kapamilya, Atty. Gurfinkel sits down with Radiant Beauty Skincare Med Spa co-founder Muyie Cuento, who shares “beauty secrets” and their impact on the community they serve.

3

Star Auto Stores throughout the Islands, and Berg’s Escolta, a well-known modern department store during its heyday. Evelyn was repatriated in the US after the war and has settled with her family in Rancho Palos Verdes, CA. She has five grandchildren and continues to live to tell her story.

Stephen H. Mette is an awardwinning poet. His books include: the novel, The Thanksgiving Trip, and a volume of short stories titled, Wild Life and other Adventures. He lives in Southern California.

Philippine Expressions

Bookshop The Book Talk Series is part of the ongoing outreach program of Philippine Expressions Bookshop in order to increase the visibility of Filipino American and Filipino Authors, Performance and Visual Artists in the American scene. Visit their online bookshop for more titles:

https://philippinebookshop. com

Tel No. 310-514-9139 Cell and 310-548-8148 landline.

Email: info@ philippinebookshop.com

During this pandemic, the physical bookshop is open on Fridays and Saturdays, from 2:00 p.m. - 6:00 p.m. and by appointment. n

Pinays become 1st moms to compete at Miss Universe Philippines 2023

by Kristofer Purnell Philstar.com

THE Top 40 official candidates for Miss Universe Philippines (MUPH) 2023 includes three mothers, a first for the national pageant.

Clariele “Clare” Dacanay, Mary Eileen Gonzales, and Joemay-An Leo become the first moms to be MUPH candidates since the official Miss Universe organization announced last August, allowing mothers and wives to enter provided they still fall within the age limit.

Clare is a single mother from Parañaque while Gonzales was previously crowned Miss Global Philippines in 2018, already a single parent at the time of her coronation.

Making a comeback for the 2023 edition are MUPH Charity 2022 Pauline Amelinckx — her third attempt in the national pageant — and MUPH Tourism 2022 Michelle Dee.

Other titleholders in the Top 40 include Binibining Pilipinas Grand International 2021

Samantha Panlilio, Reina Hispanoamericana

2021 3rd runner-up Emmanuelle Vera, 2020 Aliwan Fiesta Digital Queen Jannarie

Zarzoso, 2019 Mutya ng Pilipinas Asia Pacific International Klyza Castro, 2019 Miss Global Universe Philippines Layla Adriatico, and 2016

Miss Bikini Philippines Christine Julianne

Opiaza.

Regional titleholders are also competing in Miss Baguio Krishnah Gravidez, Miss Universe

Palawan Louise Gallardo, Miss Batangas

Universe Karen Joyce Olfato, and Miss Camiguin

2017 Hyra Desiree Betito.

Rounding up the big names are content creator-host Angelique Manto, Kalakal Charity founder Evangeline Fuentes, and Aces and Queens head question & answer and interview trainer Kali Navea-Huff.

MUPH is yet to announce the schedule of activities for who will succeed reigining MUPH Celeste Cortesi. Miss Universe 2023 will take place in El Salvador. n

Jessy shares family photo...

PAGE

“My heart beats for the both of you. Happy Valentine’s day, my love. Thank you for being such an amazing father and husband to us. I love you,” Jessy had written in the caption then.

Luis is currently in the middle of an investigation for allegedly being involved in a gas station investment scam though denied such involvement through legal representation.

The actor has since not

appeared to the National Bureau of Investigation despite being subpoenaed twice, instead sending his lawyer to request case document copies of the case document; the agent on hand said there is no authorization to release such documents.

The actor’s mother Vilma Santos-Recto has defended and expressed her support, “You will be fine, anak. Maraming nagmamahal sa iyo and the

truth will prevail. Alam ng mga tao ‘yan. Tumutulong ka, anak, hindi ka nanloloko and I love you. I love you, Lucky.”

“The only thing I can say is I know my son. Ang anak ko ay tumutulong, hindi nanloloko.

Kaya ‘yung mga nagsasalita at naghuhusga sa kanya, dahandahan lang kayo. Walang ibang nakakakilala sa anak ko kung hindi ako. And I know he is such a good person,” Vilma also said. n

Tune in to Part 1 of “Your Tanong, My Sagot,” with Kapamilya from Las Vegas, Nevada on an encore episode of “Citizen Pinoy” on Sunday, February 26 at 6:30 PM PT (9:30 PM ET through select Cable/Satellite providers), right after TV Patrol Linggo. Citizen Pinoy is also available on iWantTFC. Viewers may download the free app. (Advertising Supplement)

Sharon snubbed by young ABS-CBN artists

by Anne PAsAjol Inquirer.net

SHARON Cuneta could not help but compare the practices of this generation’s celebrities with those of Megastar’s era, particularly in showing respect to senior artists, as she recalled running into several young celebrities who walked past her without even smiling at her.

The veteran actress-singer talked about her long years in show business in a vlog interview with comedian Ogie Diaz, as seen on Cuneta’s YouTube channel on Wednesday, Feb. 22.

“Tayong old school, kaming mga nagsimula nung araw pa, ‘pag merong senior sa aming artista kahit ‘di kami kilala, lalapitan namin— ’Magandang hapon po. Ako po si Sharon, bago po akong singer,” Cuneta stated. “Kasi nasa-star struck ka rin, pero paggalang ‘yon.”

(We old school people who entered [show business] long ago would approach senior artists even if they did not know us and greet them, “Hello, I am Sharon. I am a new singer.” Because even when you are star-struck by them, [you should still] show respect.)

Cuneta then narrated some of her encounters with younger celebrities, lamenting how they seem to have forgotten to show respect to their fellow artists, especially those who have been in the industry long before them.

“Meron kasing nakakalungkot—minsan nasasalubong namin noon sa [ABS-CBN] corridor. Pagdaan [nila] feeling ko, ‘Kamag-anak kaya ni boss Gabby ‘yon?’” she said, referring to former ABS-CBN Chairman Gabby Lopez. “Parang Lopez kung umarte, daig pa ‘yung mga Lopez. Si Don (Geny) nga bumabati kahit sa janitor.”

(What’s sad is that—I often ran into [celebrities] in the ABS-CBN corridor. They would just walk past me so [I would ask myself], “Are they boss Gabby’s relatives?” They act as if they are the Lopezes when Don Geny greets even the janitors.)

“‘Yung mga bata ngayon, makasalubong mo lang face to face, parang [‘yung] dinaanan nila poste lang,” she continued. “Hindi naman ako nag-eexpect ng anything, just a little (smile and

nod). ‘Yung parang kahit walang hello, smile lang.”

(The young celebrities now, even if you come across them face to face, it would seem that they just walked past a post. I do not expect anything but just a little smile and nod. They do not need to say hello, just a smile will do.)

When Diaz asked who the celebrities she was referring to, the Megastar opted not to name anyone in particular, but she noted, “Marami over the years—totoo.” ([I have encountered] a lot over the years—it’s true.)

“Minsan talaga ang feeling ko tuloy, ‘Pader ba ako? Pumayat na ako ‘di ba?’” she quipped. “Kasi kami nga, hindi gano’n.” (Sometimes I [ask myself], “Do I look like a wall? I have already lost weight, right?” Because we do not act like that.)

In November last year, Cuneta opened up about being “exhausted” and hinted about contemplating retirement from show business. Despite this, she still expressed her intent to be present in the industry through certain shows. n

KC bonds with dad Gabby in Batangas: ‘I’m home’

by Anne PAsAjol Inquirer.net

KC Concepcion has come home to the Philippines and reunited with her father, veteran actor Gabby Concepcion, in a recent beach trip to Batangas. The actress, who earlier traveled across countries in Europe, showed herself together with Gabby in what appears to be a restaurant in the province, through her Instagram page on Thursday, Feb. 23.

“Hi loves! I’m home,” she said in the caption. Gabby, for his part, expressed his love to his daughter by sharing her post in his Instagram Stories, adding the caption, “I love you 3x a day!”

Fans were elated upon seeing the father and daughter together, as per their remarks in the comments section.

Although KC has been in and out of the country since last year, this would be the first time she is seen together with her dad in public after some time.

Prior to this, KC’s last photo with Gabby was a screenshot of their video call, posted on her Instagram page in March 2022.

KC was recently spotted at the wedding of “Mula sa Buwan” stars Gab Pangilinan and Myke Salomon. She was also in the Philippines last September, December and January, and was present at the birthday celebrations of her sisters Miel and Frankie Pangilinan, as well

as her mom Sharon Cuneta. Meanwhile, KC was speculated to have gone Instagram official with her new beau after she shared a video of them last Valentine’s Day. While the actress has yet to confirm or deny this, the man she was with in the video appears to be the same guy she was spotted with in some of her YouTube vlogs and in her family gatherings. n

Coco, Gerald, Alex among stars in MMFF summer edition

By Anne PAsAjol Inquirer.net

THE Metro Manila Film Festival (MMFF) has announced the eight official entries in its first-ever summer edition which will be held in April.

The eight films, which will feature stars including Coco Martin, Gerald Anderson, Alex Gonzaga, Carlo Aquino, Bela Padilla and Enchong Dee, were unveiled in an event held on Friday, Feb. 24.

The movies included in the Metro Manila Summer Film Festival official lineup are as follows:

“Apag” by Center Stage

Production Director: Brillante Mendoza

Starring: Coco Martin, Lito

Lapid, Jaclyn Jose and Gladys Reyes

“Singlebells” by Tincan

Director: Fifth Solomon

Starring: Aljur Abrenica, Alex Gonzaga and Angeline

Quinto

“About Us but Not about Us” by Octoberian Films, The IdeaFirst Company and Quantum Fims

Director: Jun Robles Lana

Starring: Romnick Sarmenta and Elijah Canlas

“Kahit Maputi Na ang Buhok Ko” by Saranggola Media Productions, Inc.

Director: Joven M. Tan

Starring: RK Bagatsing and Meg Imperial “Unravel: A Swiss Side Love Story” by MAVX Productions Inc.

Director: RC Delos Reyes

Starring: Gerald Anderson and Kylie Padilla

“Here Comes the Groom” by Quantum Films, Cineko Productions, Brightlight Productions

Director: Chris Martinez

Starring: Enchong Dee, Keempee de Leon, Awra Briguela, Xilhouete, Maris Racal and KaladKaren “Yung Libro sa Napanuod Ko” by Viva Communications, Inc.

Director: Bela Starring: Bela Padilla and Yoo Min-Gon “Love You Long Time” by Studio Three Sixty Inc.

Director: JP Habac Starring: Carlo Aquino and Eisel Serrano The official entries were

Gabby and KC Concepcion Photo from Instagram/@kristinaconcepcion

Composite image of Miss Universe Philippines 2023 contestants Joemay-An Leo, Mary Eileen Gonzales, and Clare Dacanay. Photos from Facebook/Miss Universe Philippines

Sugar Barons zoom to nine-point lead over Luisitans

CEBU — Drawing a brilliant two-underpar 70 worth 56 points from Abe Rosal and 52 from Damasus Wong on Tuesday, February 21, defending champion Canlubang zoomed to a nine-point lead over Luisita after the first 18 holes of the Philippine Airlines Interclub Seniors championship at well-manicured Alta Vista here.

With the seasoned Rolly Viray accounting for 47 points, the Sugar Barons were so impressive that they had to discard the 46 of Mari Hechanova in grabbing momentum going into the second round that will be played at unpredictable Club Filipino in Danao.

“That was a super round,” Luisita nonplaying skipper Jeric Hechanova said, when asked of Cangolf’s sterling opening 18. “I thought we did pretty well shooting 146. That was quite a special round that they came up with.”

Another squad that also put together a super effort was Cebu Country Club, which is campaigning in the lower Founders division but trails the overall pace by just five points after a 150 also at Alta Vista.

Jay Yuvallos had 53 and Eric Deen 49 for Cebu CC, which counted the 48 of Antonio San Juan, even as Teodoro Almario drained three birdies in posting 50 points that boosted Club Filipino de Cebu to an opening 133 and a 19-point lead over Diram Country Club in the Sportswriters division.

The Sugar Barons actually needed to tinker with their opening round team after Tommy Manotoc needed to go home hours before tee time because of a family emergency. And if he doesn’t return, Cangolf is in danger of playing one of the three remaining rounds with just three players.

Ex-pro Dan Cruz collected 50 points, Chino Raymundo had 49 and Marty Ilagan

shot 47 in his Seniors’ debut for the Luisitans, who threw away with 44 of Steve McDonald.

Manila Southwoods was another three points back after getting 51 points from Manfred Guangko, 48 from Bong Brobio and 44 from Luis Garcia, with Del Monte amassing 139 built around the 51 points of Ramon Jaraulla and 47 from Crispin Aparilla.

“I will play when the team asks me to play,” Rosal said when asked if he will still anchor the Sugar Barons in the final round on Saturday also at Alta Vista.

The annual event, considered the country’s unofficial national team championship, was shelved for two years due to the coronavirus pandemic, and the 74th staging of the event is supported by platinum sponsors ABSCBN Global, Asian Journal Media Group, Airbus, and NUSTAR Resort and Casino.

Gold sponsors include Radio Mindanao Network, Mastercard, Primax, University of Mindanao Broadcasting Network, PLDT/ Smart, and Konsulta MD.

Joining the event as silver sponsors are Philippine National Bank (PNB), Biocostech, and VISA.

Minor sponsors are Bollore Logistics, Manila Standard, Tanduay Brands International, and Asia Brewery while donors are Department of Tourism, Ogawa, Newport World Resorts, Rolls Royce, and Boeing.

The first-round results:

CHAMPIONSHIP – Canlubang 155, Luisita 146, Manila Southwoods 143, Del Monte 139

FOUNDERS – Cebu Country Club 150, Riviera 141, Orchard 139, Sherwood Hills 132, Apo Golf 132, Villamor 130, Negros

Occidental 129, Fil-Am Hawaii 128, Camp John Hay 125, Altavista 1 125, Pueblo de

Oro 125, Alabang 122, Valley 122, Wack Wack 121, Eagle Ridge 119, Taotaomona

118, Guinhalaran Golf 104, Manila Golf

103, Coral Ocean Point 88, Bay City Golf 86

AVIATOR – Iloilo 123, Cebu Country Club

2 114, Zamboanga 113, Sarangani 110, SF

Maharlika 105, Team Tuga 104, Mimosa

103, Forest Hills 101, Southern California

Redhawk 99, Lanang 98, E-Yona 95, Camp Aguinaldo 94, Via Verde LA 93, Boggie

Buddies Filgolfers 91, Baguio Country Club

87, Bacolod Country Club 86, Guam Seals

84, Bay Area Golf Org. 2 83, Lumbia Golf and Country Club 78, Fort Bonifacio 74, SF Peninsula 73, Golf and Country Club of Iligan 73, Liloan 72, Guam Compadres 70

SPORTSWRITER – Club Filipino de Cebu 133, Dirab 114, Guam Seniors 111, San Juanico 111, Leyte 114, Ping Golfer’s Club 109, MSU Marawi 107, Rancho Palos

Verdes 105, Club Intramuros 103, Paoay

103, Edwin Andrew Airforce Base 98, SFO Alliance 96, Vancouver 95, SFO East Bay 93, Eagle Ridge Lagitek 91, Camp

Evangelista 88, PGA British Columbia 87, Cotabato 86, Van City 1 83, Seattle 83, Mabuhay Golf of SFO 83, Filam Fairfield

79, UP Tee Jots 86, Honolulu 74, Moffet Fields 2 60

FRIENDSHIP — Canphil 112, Malaysian Eagle Hunter 101, Davao City 99, West

Highlands 97, Parbreakers 87, South Cotabato 84, Mt Malindang 83, Filam NJ

82, Filam NJ 82, Veterans Golf 78, Filam

SFO 76, Philam Central Florida 76, West

Covina Warriors 74, Filcansa 73, Engineers and Architects (Eagle) 70, Ez Par 70, Moffet Fields Team 1 68, Van City 2 68Pinoy

Vancouver 62, Bennett Valley 61, Fil Oz Sydney 63, MSU Marawi 2 61, Sky West

58, Pittsburg Filam 56, Brotherhood Sharp 46, Travellers 45, Tri City 30. n

Dolly rocks ‘kumot’ at 2023 BAFTAs after-party

By Kristofer Purnell Philstar.com

AWARD-WINNING actress Dolly de Leon followed up her golden “Alon” gown at the 2023 British Academy Film Awards (BAFTAs) with another stunning look during the ceremony’s after-party.

At the 2023 BAFTAs afterparty co-hosted by British Vogue and Tiffany & Co., Dolly wore a made-to-measure

“Artist’s kumot ” ensemble by Paris-based fashion designer Jude Macasinag, styled by LJ Perez, hair by Lotte O’Shea, and makeup by Sally Miura.

In an Instagram post, Jude described the ensemble which were made of a matching coat and pants paired with a white button-down top. On Facebook, Jude mentioned that LJ said Dolly gets cold easily, hence why he made her a couture version of a blanket.

“The ensemble consists of a cotton gabardine waist cincher, and a matching Artist’s smoking trousers and Couture Kumot -Coat in treated denim,

lined in Duchesse satin,” said Jude. “The kumot -coat is an abstraction drawn from the iconic Sparrow blanket — a nod to our shared Filipino heritage.”

Jude said they wanted to reinterpret it in a more everyday direction and worked with denim that was treated, patchworked, and then handpainted in an expressionistic manner.

The fashion designer showed parts of the process in a short video alongside photos of the outfit before and after completion.

On the inside of the blue coat, Jude had sewn in the word “para kay Dolly” and “Jude 2023 Paris,” making the ensemble distinctly unique as it was originally designed for her.

Even fellow fashion designer Rajo Laurel, who designed the “Alon” gown, couldn’t help but applaud Jude in the comments section. Jude reciprocated by commending the red carpet gown Rajo created for Dolly.

Coco, Gerald, Alex...

chosen by the selection committee out of 33 submissions based on the following criteria: artistic excellence (40%), commercial appeal (40%), Filipino cultural

sensibility (10%), and global appeal (10%).

The first MMFF summer edition is set to run in cinemas from April 8 to 18, while the Awards Night will be held on April 11. n

PAGE B2

Coco Martin, Gerald Anderson and Alex Gonzaga

Photos from Instagram/@cocomartinph, @andersongeraldjr, @niceprintphoto via @cathygonzaga

Dolly de Leon in the “Artist’s kumot” by Jude Macasinag at the 2023 BAFTAs afterparty Photos from Instagram/@jude.macasinag

World virtual center for seniors launched in LA

AMID high hopes and enthusiasm of the seniors and the general public, the International MoTHER Movement (IMM) has launched a worldwide virtual center for elderly people, the International Virtual Senior Center (IVSC).

The event was held last Wednesday, February 15, at the Pilipino Workers Center located in Historic Filipinotown on Glendale Blvd., Los Angeles.

Consul Maria Alnee A. Gamble of the Consulate General of the Philippines in California graced the occasion as guest of honor and speaker.

She said she is hopeful that the newest IMM project will succeed as it will “surely benefit the seniors who are in dire need of attention and care.”

As Gamble congratulated the IMM leadership, headed by founding president and chief executive officer Perla Bermudez Santos, for spearheading the project, she said she is confident that “it will go a long way for the wellbeing and betterment of the senior citizens all over the world.”

Consul Gamble also called upon the audience in person and via Zoom to “extend help and support to the IMM’s latest noble and commendable endeavor.”

She was introduced by Prof. Elizabeth C. San Diego, a retired official of the Department of Education in the Philippines.

On her part, Bermudez Santos vowed to “do my level best to achieve the goals and aspirations of the IMM, especially promoting and maintaining the welfare of the elderly.”

She also announced that “the various daily virtual activities can be availed of, free of charge, by the seniors and their caregivers.”

This announcement was happily applauded. The IMM advocate and trailblazer also said she hopes to “help those struggling with stress, boredom, sedentariness, isolation and loneliness.”

“Specifically, our program activities will help control, if not prevent, chronic health conditions like diabetes, hypertension, high cholesterol and and other chronic health conditions,” she emphasized. Moreover, Bermudez Santos said “everyone is reminded to get clearance from doctors before engaging in high impact

activities.”

On the same occasion, the IMM founding president and chief executive officer thanked and commended Filipino civic leaders Rosito Go and his wife Cres, Nerissa Beltran and Ning Batayola for their role program directors and coordinators, for implementing the various IMM projects and virtual activities. Their group has been virtually conducting taichi, dancing, karaoke and bingo ayuda, ever since the stay at home days due to COVID-19.

Because of the “dedication and unparalleled leadership” in conducting all the activities, the program was sustainable and participants from LA, Michigan, San Diego in the U.S.; Manila, Quezon City, Bulacan, Pangasinan, Bacolod, Negros Occ. And Cebu in the Philippines. IVSC is the offshoot of this endeavor.

She also credited the newest volunteers who have been working hard to “insure the success of the newest project.” She mentioned, among others, Ric and Len Velasco of Sta. Ignacia, Suzette and Mon Abad of Gerona, Tarlac who “go to the barrios to work with the masses.”

Moreover, Bermudez Santos commended the YouTube sensation BMD Dance Group led by Carlo & Alma Balingit and Coach Marlon “who committed to collaborate with us in virtually holding live dance activities weekly, notably Zumba, which has become popular for the barrio folk in the different rural communities in our homeland.”

She also thanked the Tender Loving Care Family Support Group for its “very valuable help and assistance in promoting the advocacies of the IMM.” Dr. Veronico Agatep is the co-founder of the group, with Bermudez Santos. Special mention was also extended to Gloria Resureccion and Tess Nones for “their able assistance and support in attaining the goals of the IMM and its advocacies.”

She announced the schedule of daily virtual activities and advised those who will participate to login with Zoom meeting ID no. 857-9665987. Passcode will be given upon request, she said. Interested parties were also called upon to get further information that will be issued, from time to time, by the IMM leadership. n

Are employee paystubs just a piece of paper?

Employer pays $58.5 Million settlement for wage-statement violations

Protecting Employee & Consumer Rights

Atty. C. Joe SAyAS, Jr

LIKE many other employees, you may usually just file away the pay stubs you receive from your employer, biweekly or twice a month, without even reviewing them. But there is much more to these pay stubs—or wage statements—than you may realize. California’s Labor Code requires that these pay stubs include specific, accurate and itemized information. An employer’s failure to comply can result in a statutory penalty of up to $4,000 for each employee.

The following information are required to be provided in your pay stubs:

(1) gross wages earned;

(2) total hours worked;

(3) number of piecerate units earned and any applicable piece rate if the employee is paid on a piece-rate basis;

(4) all deductions made from the employee’s pay;

(5) net wages earned;

(6) the applicable dates for the relevant pay period;

(7) the name and identification number of the employee;

(8) the name and address of the employer; and

(9) all applicable hourly rates in effect during the pay period and the corresponding number of hour worked at each hourly rate.

The law is aimed at ensuring transparency and fairness in employees’ pay. Providing accurate and complete information in pay stubs protects workers’ rights.

The importance of this seemingly bureaucratic requirement is seen in a recent case involving United Airlines. A federal court in Los Angeles recently granted preliminary approval to a $58.5 million class action settlement that

emphasizes the importance of complying with California’s strict wage-statement requirements. The claims in Vidrio v. United Airlines, Inc involved a class of Californiabased flight attendants who worked for United Airlines. The settlement resolves claims that the airline’s wage statements to their California-based flight attendants failed to include information required by the California Labor Code.

In Vidrio, the plaintiffs alleged that United failed to include the required information regarding total hours worked each pay period,

statements listed only the total amounts earned in various pay categories. Plaintiffs’ claim regarding failure to provide information on all hours worked was scheduled to go to trial.

Instead, the parties agreed to settle the flight attendants’ claims for $58.5 million, which includes an award of attorneys’ fees and costs, service awards for the two class representatives, settlement administration fees, and civil penalties payable to the California Labor and Workforce Development Agency. The Court noted that, after deducting these amounts, the Net Settlement Amount to be distributed to the class is approximately $35.2 million. In light of these amounts, employees will be well served by inspecting their wage statements to ensure compliance with California’s strict wagestatement requirements. It is smart to contact experienced employment attorneys to seek a confidential and no-cost consultation to determine if employers are complying with the law.

all applicable hourly rates of pay in effect during the pay period, all corresponding hours worked at each applicable hourly rate, and the employer’s address. The courts rejected United’s claim that they were exempt from the wagestatement requirement in light of their collective bargaining agreement with the flight attendants’ union. But the court agreed with United that a P.O. Box address satisfied Section 226’s requirement for an employer address.

However, the court ruled in favor of the flight attendants in finding that United failed to include information regarding all applicable hourly rates of pay and the corresponding number of hours worked at each rate. United’s wage

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

* * * The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no cost. You can contact the office at (818) 291-0088 or visit www. joesayaslaw.com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, selected as Super Lawyer by the Los Angeles Magazine for 11 years, and is a past Presidential Awardee for Outstanding Filipino Overseas.]

(Advertising Supplement)

Participants during the International MoTHER Movement’s launch of a a worldwide virtual center for elderly people, the International Virtual Senior Center.

The law is aimed at ensuring transparency and fairness in employees’ pay. Providing accurate and complete information in pay stubs protects workers’ rights.

Writ of Mandamus relief for unreasonable delay in pending immigration filings

A COMMON question that is asked by a person who has a pending immigration petition or application is “how much longer until USCIS makes a decision?” The question is understandable, in that an unreasonable delay in the USCIS’ adjudication of a petition or application can have adverse effects, including loss of employment and employment opportunities, possible termination of employment, and difficulties in obtaining student and credit loans.

While an immigration filing is pending, the typical response by USCIS upon inquiry is that further time (usually 90 or 180 days) is needed to make a decision.

However, often that 90 or 180 days that USCIS needs to make a decision turns into months and sometimes years.

What option does a petitioner or applicant have to compel the USCIS to act on his or her case?

Pursuant to the Mandamus and Venue Act of 1962, a Writ of Mandamus action can be filed in the US District Courts to compel the Department of Homeland Security (DHS) and the USCIS, DHS’s bureau, to act on a petition or application for which adjudication has been unreasonably delayed. The statute allows for an “action to compel an officer of the United States to perform his duty.”

The legal duty for USCIS to promptly act on a pending petition or application can be found in the Administrative Procedures Act (“APA”), 8 USC Sec. 1571, and 5 USC Sec. 555(b). These statutes

Legal Advice

Atty. DArrick tAn

form the basis of Writ of Mandamus relief.

The APA gives the court authority to “compel agency action unlawfully held and unreasonable delayed.” The policy for processing immigration applications is set forth under 8 USC Sec. 1571, which states that “the processing of an immigration benefit application should be completed no later than 180 days after the initial filing of the application.” Further, 5 USC Sec. 555(b) states that “within a reasonable time, each agency shall proceed to conclude a matter presented to it.”

A typical case in which Writ of Mandamus relief is a viable option is in a green card application based on marriage.

I have had several inquiries in recent months concerning delays in processing of these cases. Typically, the green card applicant along with his or her U.S. Citizen spouse is interviewed by a USCIS officer and at the end of the interview, the green card applicant is advised that additional time is needed by USCIS to make a decision. The timeframe given to make a decision is 180 days; however, more than 180 days pass and no decision is made. The applicant then seeks to get updated status of the application via an Infopass appointment, and is advised

What is the purpose of bankruptcy law?

that the case is still under consideration and more time is needed.

In such a case, a writ of mandamus can be filed in Federal Court to compel the USCIS to act on the application. Often, a decision is made on the case after the Writ of Mandamus is filed in that the unreasonable delay is brought to the attention of the USCIS.

A prompt decision is often made by USCIS after filing to avoid the use of government resources in having to defend the meritorious action.

It is important to keep in mind that Writ of Mandamus relief is available to a variety of pending petitions and applications, not just green card applications based on marriage. To determine whether Writ of Mandamus relief is a good option in your pending immigration case, it is recommended that you seek the advice of an experienced attorney.

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

* * * Darrick V. Tan, Esq. is admitted to practice law in California and Nevada. Mr. Tan is a graduate of UCLA and Southwestern University School of Law. He is a member of the Consumers Attorney Association of Los Angeles and is a former member of the Board of Governors of the Philippine American Bar Association. LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010. Tel: 323639-0277. Email: info@dtanlaw.com (Advertising Supplement)

Dolly rocks ‘kumot’ at 2023 BAFTAs...

LJ had also styled Dolly’s look on the red carpet as well as at the 2023 BAFTAs nominees party when she wore a black ensemble gown by Robert Wun, paired with shoes by Stuart Weitzman and jewellery by Nicole Rose Kopelman. Dolly was up for Best Supporting Actress but

lost to “The Banshees of Inisherin” star Kerry Condon, now a pegged frontrunner for the Best Supporting Actress Oscar alongside “Black Panther: Wakanda Forever” star Angela Bassett. Bassett was also a nominee at the BAFTAs along with Hong Chau from “The Whale,” Jamie Lee Curtis from “Everything Everywhere All At Once,” and Carey Mulligan from “She Said.” n

Debt Relief

Atty. LAwrence yAng

THE highest profile cases of bankruptcy filings are Walt Disney, Milton Hershey, Orange County, a certain Catholic diocese in the USA that was hit by the child molestation cases, the bankruptcy filings of the Trump companies during the 90s wiping out billions of debt, Toys R Us, Hertz car rentals, among many others.

A distinction can be made between individual bankruptcies as in the person Walt Disney, and the person Milton Hershey who both filed personal Chapter 7 cases, with Mr. Disney filing twice, and Mr. Hershey filing Chapter 7 once, before their businesses became wildly successful and making them both billionaires subsequently, and entity or business filings as in Orange County, the Catholic church dioceses, Hertz car rentals, and the Trump companies. Why did the Constitution of the United States specifically authorize congress to enact bankruptcy law?

The United States Supreme Court has time and again stated that the primary policy of bankruptcy law is to give consumer debtors a “fresh start” by discharging their debt.

In the case of businesses, the policy is almost the same; that is, the purpose of bankruptcy law is to give the business a chance to start again by discharging their debt. Of course in the case of businesses, the owners of the business, the stockholders bear the brunt of the loss after creditors are paid under a bankruptcy liquidation or reorganization. In the case of Hertz — which already had financial problems before the pandemic struck, due to its large debt of $19B that it was having a hard time paying — had its stock price drop from about $100 in 2014, to $15 just before the pandemic hit in late 2019, and dropping rock bottom to $1 when it filed for bankruptcy reorganization in the middle of 2020. So, stockholders who did not sell at the peak in 2014, saw their shares of the company drop to almost zero when it filed for bankruptcy. Because the court approved its bankruptcy reorganization plan, the company exited bankruptcy in late 2021. So those who bought at $1 have already been rewarded with a six times return on the investment of $1 that is now $6. Certainly, the plan would pay something to creditors but not $19B,

most likely a portion of that, maybe 20%. Hertz came out of bankruptcy as a much lighter company with very manageable debt and become a productive business again, able to bring in good profits as travel business continue to recover with the virus totally under control.

The “fresh start” is accomplished by allowing debtors to keep most if not all their assets through a system of exemptions provided by federal or state law, while discharge all debts, which are dischargeable. A debt is dischargeable in bankruptcy if it is not excepted from discharge. If it is not excepted, then it is discharged.

The exceptions to discharge are limited and clearly stated in the bankruptcy code. For example, a debt obtained by fraud is not dischargeable. So if you obtained a credit line of $1M from the bank by falsely claiming that your business sells $10M a year and it is later discovered that the sales figure is grossly inflated — as proven by the significant absence of the necessary inventory in the warehouse stated in the financial statements submitted to the bank when applying for the loan — then that credit line of $1M is not dischargeable because of fraud.

Another example is a debt owed because you killed someone because of your negligence. You made an illegal U turn, which caused an accident that killed someone. The deceased left a wife and two kids who sued you the death of her husband and their father. They were able to get a judgment against you for $3M. That $3M judgment is not dischargeble. Or, let’s say you’re the pilot who flew the helicopter that crashed and killed Kobe and his daughter. There is a judgment against you for $10M. That judgment is not dischargeable.

All debts are dischargeable unless excepted. Thus, if you owe $280,000 of credit cards and $5M of bank loans that you guaranteed for your business, all of that $5.280M is dischargeable when you file Chapter 7. How do you get a fresh start? Let’s say you own a house in LA with equity of $400,000, a retirement account of $500,000, two nice cars which you are still paying for, all the furniture in your house (assuming these are normal stuff, not like a concert piano worth $100,000), you get to keep all of these assets while getting rid of all of your debt of $5.280M.

So you get to keep all your assets, which are worth $900,000 while you wipe out all of your unsecured debt of $5.280M. That’s how you get a fresh start in life. Let’s say your income as an executive is

$90,000 a year, you still keep that income which is protected by law so your creditors can’t touch it. You still keep your two cars as long as you keep on making the car payments on time.

You get a fresh start because you don’t have to worry about the $5.280M of creditors hounding you day and night, suing you and threatening to put a lien on your house and garnish your wages.

You just flush the $5.280M of debt down the drain and don’t have to worry about them anymore for the rest of your life, but you still own your house, your retirement account, your furniture, your cars, just about all of what you own, including your salary. Isn’t that great? It sure is.

In other countries, you lose everything when you declare bankruptcy. Here in the good old USA, you get a “fresh start,” without accumulated debt and keep most if not everything you own. It’s the best bankruptcy law in the planet that favors debtors over creditors, just so debtors can have a “fresh start” in life without accumulated and debilitating debt. It’s literally a resurrection after financial death, a new life with all your assets intact without debt. What more can anybody ask for? Just ask Walt Disney and Milton Hershey. Mr. Disney filed for Chapter 7 twice then his Disney business became a global success making him a billionaire. Mr. Hershey filed once, then his business became the biggest global chocolate business making him a billionaire. Bankruptcy law in the USA is a blessing indeed!

Without it, we won’t have Disneyland to go to, and we won’t have Hershey chocolate bars to enjoy. Both these business were made possible and came to fruition because of bankruptcy law. And the next time you rent a car from Hertz, you can thank bankruptcy law for its resurrection.

If you have too much debt and need relief, please set an appointment to see me. I will analyze your case personally.

* * * Disclaimer: None of the foregoing is considered legal advice for anyone. Each case is different. There is no absolutely no attorney client relationship established by reading this article.

* * * Lawrence Bautista Yang specializes in Bankruptcy, Business, Real Estate and Civil Litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803. (Advertising Supplement)

How courts determine child custody in California

Barrister’s Corner

ONE of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each other trying their best to deprive the other parents of their right to maintain relationship with their child. Child custody comes in two parts, 1) physical custody and 2) legal custody. Physical custody may be awarded solely to one parent or jointly. Sole physical custody means that the child will reside primarily and under the supervision of one parent subject to visitation from the other parent upon order of the court. Family Code §3007. Joint physical custody on the other hand means that the child gets to spend frequent and continuing contact with both parents. Family Code §3004. The court would state specifically the periods of time the child will be under the supervision of each parent.

Legal custody on the other hand deals with the right and responsibility of a parent to make decisions regarding the health, education, and welfare of the child. Family Code §3006. Examples would be decisions such as where the child shall attend school, whether the child can travel to another jurisdiction or state, legal decisions involving the child. In cases where joint

legal custody is ordered by the court, either parent alone can make decisions concerning the health, education, and welfare of the child unless otherwise specified in the order.

In making its determination on child custody issues, the court considers various factors depending on the specific facts of the case. The court usually follows the public policy of ensuring and encouraging the child’s frequent and continuing contact with both parents after the divorce unless it would not be in the best interest of the child. Fam. Code §3011. If the court is inclined to order sole custody to one parent, the consideration boils down to which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent. Family Code §3040(a)(1). A major factor that would tilt the courts decision are incidents or history of child abuse and domestic violence. This can be from the part of a parent, a parent’s co-habitant, or other person to whom a parent has a relationship with. The childs amount and nature of contact with the parents is also another factor considered. Fam. Code §3011(c). Other factors that can be considered are the parent’s use of controlled substance, prior criminal convictions and registration as a sex offender, and existence of restraining order against a parent.

The family code requires that the parties go to mediation and attempt to agree on the custody issue prior to the court hearing the contested case.

Family Code §3170(a). If the case is not settled in mediation, it gets decided in court through

a contested hearing. At times, the court will order a child custody evaluation if it determines that it would be in the best interest of the child. The court may also appoint a minor’s counsel if it feels it would be in the best interest of the child. Family Code §3150(a). The court retains continuous jurisdiction over issues of child custody and support until the child reaches 18. This means the order may be modified all throughout this period if there has been a change in circumstances.

* * * Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, APLC. This article is not a solicitation.

* * * Attorney Kenneth Reyes is a Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive

experience prior to law