070420 - Los Angeles Weekend Edition

JULY 4-7, 2020 Volume 30 - No. 52 • 2 Sections – 18 Pages

DATELINE

USA

FROM THE AJPRESS NEWS TEAM ACROSS AMERICA

VP Mike Pence honors Filipino who became US citizen during naturalization ceremony ahead of July 4

US sets new record for coronavirus cases ahead of Fourth of July weekend

by RAE

Beaches, bars, indoor dining close in LA County

ANN VARONA

AJPress

FOR the sixth time in less than two weeks, daily A FILIPINO father with sons in the U.S. Army coronavirus cases have reached a new single-day was among the individuals who became a new citizen during a naturalization ceremony on high as the Fourth of July holiday approaches.

Thursday, July 2 attended by Vice President Mike Pence.

Two days before the country celebrated the Fourth of July holiday, 16 immigrants from 12 countries, including the Philippines, were present at the ceremony held at the Eisenhower Executive Office Building’s South Court Auditorium.

“I want to commend you for having the courage to reach for your dreams and to make the sacrifices necessary to become part of the greatest nation in the history of the world,” Pence told the new citizens after taking their u PAGE A2

The United States reported a new high of 55,220 new COVID-19 cases on Thursday, July 3, surpassing Wednesday’s high of 52,789.

According to data by John Hopkins University, at least 128,574 people have died from the coronavi-

What America’s Independence Day means for Fil-Ams in 2020 In this contemporary wave of civil rights and social justice, young Fil-Ams are questioning what American patriotism looks like

by KLARIZE

MEDENILLA AJPress

Kellyanne Conway’s part Fil-Am daughter emerges as an antiTrump activist on TikTok The 15-year-old says she hopes to educate others on social justice issues THIS week, it was revealed that the 15-yearold daughter of top White House counselor Kellyanne Conway is an anti-Trump activist who’s been using her social media platforms to call out President Donald Trump and his supporters.

The video-sharing app TikTok, which has emerged as the social media platform a la mode among teenagers, appears to be a favorite platform for Claudia Conway, who has Filipino heritage from her father, the United States attorney George Conway, who is half Filipino.

And just like her father, who is vocally antiTrump, the teen has used social media to air out her grievances with the current administration, causing further familial divides in her family.

Last year, George Conway founded an antiTrump Republican super PAC and has, himself, taken to Twitter to raise concerns about the president and his administration. u PAGE A3

JEEPNEYS RESUME OPS. Traditional jeepneys are now back on the road following the physical distancing protocol effective Friday, July 3.

A total of 6,002 jeepneys were allowed to ply 49 routes in the region with no additional permits necessary. PNA photo by Joey O. Razon

Long Beach woman faces battery charges for 2019 assault on Pinay at Del Amo Mall

by CHRISTINA

M. ORIEL

AJPress

A Long Beach, California woman at the center of recent viral videos has been charged in connection with a separate 2019 incident during which she reportedly assaulted a Filipina American inside a mall restroom.

Lena Hernandez, a 54-year-old retired social worker, faces misdemeanor battery charges for an incident that took place on Oct. 11, 2019 at the Del Amo Fashion Cen-

rus so far.

Dr. Anthony Fauci said on Thursday that given the less-than-stellar trajectory of coronavirus cases in the U.S., it was important that people follow public u PAGE A2

ter, according to the Torrance City Attorney’s Office on Thursday, July 2.

During the incident, Kayceelyn Salminao, a Pinay from Torrance, was inside the mall restroom when she reportedly overheard Hernandez berating a custodian. When Salminao intervened, Hernandez shoved her to the ground.

“The woman points at me and says, ‘You better not get up or else,’” Salminao recounted to the Asian Journal in a previous interview, adding that when she stood up, u PAGE A3

2020 was supposed to be about two key national events: the decennial census and the presidential election. But as the entire country is acutely aware of, those two issues somehow ended up in the back of the pack of collective urgency.

As the country heads into the Fourth of July weekend, historical monuments of controversial U.S. presidents, Confederate leaders and colonizers are being torn down from public spaces.

All this stemmed from the renewed magnification of systemic racism in the U.S. following the high-profile unlawful killings of unarmed Black individuals: Ahmaud Arbery on February 23, Breonna Taylor on March 13 and George Floyd on May 25.

Protests continue across major American cities, seemu PAGE A3

Over a dozen protesters representing Fil-Am organizations rallied in front of the Philippine Consulate in Los Angeles on Monday, June 29 to express dismay over the Anti-Terrorism Act of 2020 in the Philippines. On Friday, July 3, President Rodrigo Duterte signed the contentious legislation into law, which designates individuals and groups as terrorists and detains them without charge for up to 24 days. The bill was set to lapse into law on July 8 if not previously signed or vetoed by the president.

Photo courtesy of BAYAN-Southern California

Former VP Biden, Trump surrogate attend virtual town Duterte signs controversial hall addressing AAPI concerns anti-terrorism bill into law

by RITCHEL

by RAE

Former Vice President Joe Biden (top) and Former Guam Governor Eddie Baza Calvo (bottom) address Asian American and Pacific Islander voters on Saturday, June 27 during a virtual presidential town hall hosted by APIAVote.

ANN VARONA

AJPress

FORMER Vice President Joe Biden and former Guam Governor Eddie Baza Calvo, a surrogate for President Donald Trump, participated in a virtual presidential town hall on Saturday, June 27 to answer questions and address concerns of the Asian American and Pacific Islander (AAPI) community.

The town hall was organized

by APIAVote, a national nonpartisan group that works to mobilize the AAPI community in electoral and civic affairs. Vicky Nguyen of NBC News and Amna Nawaz of

PBS moderated the event.

Among the key concerns presented was that of race relations, which has been increasingly tested amidst the current Black Lives Movement and reports of hate crimes towards AAPIs due to COVID-19.

Both Biden and Calvo touched on Trump’s recent remarks in which the president called the coronavirus the “Kung flu” or “China flu,” despite it being named COVID-19 by the World Health Organization after it decided in 2015 to stop using names of people, places, and animals in diseases to avoid probu PAGE A2

MENDIOLA AND RAE ANN VARONA AJPress

PHILIPPINE President Rodrigo Duterte has signed the controversial anti-terrorism bill into law on Friday, July 3, despite local and international concerns about the measure’s potential effects on free speech and opposition in the country.

Presidential Spokesperson Harry Roque and Executive Secretary Salvador Medialdea confirmed the signing, a day after Malacañang said the bill was under final review at the Office of the Executive Secretary.

“Terrorism, as we often said, strikes anytime and anywhere. It is a crime against the people and

humanity; thus, the fight against terrorism requires a comprehensive approach to contain terrorist threats,” Roque said in a statement.

Under the Anti-Terrorism Act of 2020 — which expands on the Human Security Act of 2007 — incitement of terrorism can be done “by means of speeches, proclamations, writings, emblems, banners or other representations…without taking any direct part in the commission of terrorism.” Those arrested and detained may be held for 14 to 24 days. u PAGE A4

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From the Front Page

US sets new record for...

PAGE A1 t health measures that were made to keep people safe.

“I think it’s pretty obvious that we are not going in the right direction,” Fauci said in an interview with the Journal of the American Association on Thursday.

“The best way, as a vehicle to opening the country in a safe way, is to prudently use public health measures,” added Fauci.

“It’s not public health against opening.”

While many states saw some of their highest numbers in June, public health officials are seeing July as a month to potentially outpace those numbers.

The U.S. Centers for Disease Control and Prevention (CDC) projected nearly 148,000 corona-

virus deaths in the U.S. by July 25.

“The state-level ensemble forecasts suggest that the number of new deaths over the next four weeks in Arizona, Arkansas, Florida, Idaho, Nevada, Oklahoma, Oregon, South Carolina, Texas, Utah, and Wyoming will likely exceed the number reported over the last four weeks,” the CDC said on its website’s forecast page.

“For other states, the number of new deaths is expected to be similar to the number seen in the previous in four weeks or to decrease slightly,” it added.

Admiral Brett P. Giroir, assistant secretary of health overseeing the government’s testing response, warned of surges to come when speaking to mem-

bers of Congress on Thursday.

“We are not flattening the curve right now. The curve is still going up,” said Giroir.

Taking into account the increase in testing, he added, “There is no question that the more testing you get the more you will uncover, but we believe this is a real increase in cases because the percent positives are going up.”

Also on Thursday, Dr. Soumya Swaminathan, chief scientist of the World Health Organization, emphasized that young people — especially those with obesity and poor health habits — are vulnerable to severe complications.

“We should not become complacent that it’s fine for young u PAGE A4

Former VP Biden, Trump surrogate attend...

PAGE A1 t

lematic stigmas.

“Asian Americans are being targeted with violence and are being subjected to xenophobic rhetoric from the mouth of the president himself,” said Biden.

“This is the president who, instead of bringing our country together, does everything he can to fan the flames of hate and division in this country.”

Biden later added, “Words matter and the president’s words matter even more.”

In response to criticism over Trump’s use of divisive language, Calvo took a turn and focused on recent incidents of looting that happened during early Black Lives Matter protests and suggested without proof that Biden’s campaign was responsible.

“I’ve seen some of the impact on Korean American stores, our Vietnamese hair and nail shops, our Filipino restaurants that have been looted and people robbed as a result of the riots,” said Calvo.

He added, “I can tell you that when you look at the destruction — whether it’s from looting, whether it’s robbing, or burning of flags, or tearing down statues — most of all those people aren’t going to vote for President Trump. Many of them actually are supporters of the Biden campaign.”

Administration ‘diversity’ Calvo admitted that Trump was sometimes “unorthodox” with his use of “certain words,” but said people must also look at the president’s actions.

“You also have to look at actions and when you take a look at the Trump administration’s actions, whether it is my participation or secretary [Elaine] Chao’s,” said Calvo.

In discussing what actions the presidential nominees would take to promote diversity if elected, both Biden and Trump campaigns were challenged to disclose staff diversity numbers.

Biden promised to release numbers after the town hall and said that his administration would “look like America.”

“My administration is going to look like America. Not just my staff, the administration, from the vice president, straight down through cabinet members, to major players within the White House, and the court. It’s going to be a reflection of who we are as a nation,” said Biden.

Calvo said that he could not predict who Trump’s pick for major cabinet positions would be, but that he was confident that Trump would ensure a more diverse staff.

“I can tell you that I’ve seen in my visits to the White House and in meetings with those who are

a part of the administration, and whether it’s in an official capacity or even in the campaign, I’ve seen a growing diversity,” said Calvo. “I’m very confident about things and in the weeks ahead, I’m pretty sure that the president and his people will announce any other types or new prospective cabinet members.”

Following the town hall, Biden’s presidential campaign released diversity data for the first time, disclosing that 35% of Biden’s full-time staff are people of color, and 36% of his senior staff are people of color. A majority of both senior staff and full-time staff also identify as women — 53% of his full-time staff and 58% of his senior staff.

His campaign added that 5% of his staff chose not to specify.

Trump’s campaign followed suit and disclosed their diversity numbers — 25% of Trump’s senior staff are people of color, and 56% identify as women. Of his campaign staff, 52% identify as women.

The discussion on race naturally brought in concerns over immigration policy. Of the nation’s 11 million undocumented immigrants, 1.7 million are AAPI. Late last month, Trump temporarily suspended the issuance of new work visas through 2020, u PAGE A4

VP Mike Pence honors Filipino who became...

PAGE A1 t

oath. “Your stories are truly inspiring.”

The vice president gave an example of a “man who came to this country 16 years ago from the Philippines.”

“His family’s already making contributions to this country.

One of his sons, I’m told, serves as an Army medic at Fort Carson in Colorado. Another of his sons is a cargo specialist in the Army Reserve. What a great family,” Pence narrated. “Today, Orlando Medrano is an American and a proud father, to say the least.”

“First of all, I’m so excited to be a U.S. citizen. This is every… immigrant’s dream or goal. I’m still overwhelmed by the experience I had today [as] it is really more than I dreamed and asked for. I [had] no idea that I [would] take my oath at the White House with the presence of Vice President Mike Pence, Secretary of Transportation Elaine Chao and others,” Medrano told the Asian Journal following the naturalization ceremony.

Medrano left his construction business back in the Philippines and came to the U.S. with his wife nearly two decades ago, first to Southern California upon the recommendation of a friend.

Though Medrano initially had no desire to stay in the country, as he had left his four children behind, he saw the opportunity and was motivated to permanently settle there with his family.

He then moved to Washington, D.C., where he continues to live, and was able to find employment as a chauffeur at the Embassy in India, which allowed him to bring his entire family to the country.

“Since I came here a bit late at the age of 36 with four children and with no legal status to start with, I did every decent job just to support my family. In the embassy as a temporary employee, my pay was not good enough to support my family. I [had] a part-time job cleaning houses [and] buildings, whatever it took to have shelter over our heads and food on our table,” Medrano added.

Currently, Medrano works two jobs: as a painter at a Marriott hotel and as a cabin service agent for Delta Airlines, cleaning overnight planes and getting them ready for the next flight.

After 16 years of living in the United States, Orlando Medrano became a U.S. citizen on Thursday, July 2 during a naturalization ceremony attended by VP Mike Pence. Pence spoke about how Medrano’s family is “already making contributions to this country” and cited his two sons in the Army.

Photo courtesy of Orlando Medrano

U.S. Vice President Mike Pence welcomes 16 new U.S. citizens, including Orlando Medrano from the Philippines, during a naturalization ceremony at the Eisenhower Executive Office Building in Washington, D.C. on Thursday, July 2.

Photo courtesy of the Office of the Vice President

“I even told my children I’m willing to do all these jobs just to support them in their studies,” Medrano said, whose children are now 28, 24, 22 and 21 years old.

However, since the pandemic, he has been furloughed and drives for Uber in his spare time.

Despite the current challenges, attaining citizenship is a feat for Medrano.

“I’m so happy and really blessed to be a citizen and will do my best to improve myself and be a good citizen, serve this

country and community,” he added.

Also during his remarks, the vice president noted that the individuals became citizens as the country is experiencing the coronavirus pandemic and protests.

“You come at a time of unique challenges in America and across the wider world as we deal with an unprecedented pandemic…,” Pence said. “You will continue to be a part of a story that demonstrates the resilience and the strength of the American people.” (AJPress)

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A

What America’s Independence Day means... Long Beach woman faces battery charges for...

PAGE A1 t ingly every U.S.-based corporate entity has publicly committed to internally fighting discrimination, product lines and musical acts are changing their names to be less racially insensitive and, most crucially, lawmakers are capitulating to the demands of the protestors and the Black Lives Matter movement.

The faction of largely white Americans that is against the tearing down of statues perceive the act as anti-American and erasure of American history which, in turn, means an erasure of the American identity.

But in a country like the United States, the great experiment kickstarted by revolutionaries who wanted to sever ties from the British monarchy, the history of this country has not always been kind to those opposite the majority: white men with land.

In addition to the broad matter of racism, unpacking the royally self-imposed partisanship of the COVID-19 pandemic has also shed light on the conversation of what freedom really means (and what it doesn’t mean) as America heads into her 244th anniversary as a nation.

So how do you square unbridled American patriotism with the desire to entirely change the infrastructure of which the country runs to better represent and protect a growingly-diverse populace?

Children of cultural diasporas, particularly Filipino Americans, experience the world and concepts like national identity differently with many growing up with varying degrees of American patriotism and Filipino pride.

“For me, the Fourth of July has always been approached from a very capitalist sense. I’ve never really felt patriotic during the Fourth of July,” Ariel Rada, a public school teacher in Bayonne, New Jersey, told the Asian Journal.

Rada, who is also a podcaster and writer and regularly expresses his views on social justice online, said that his grandparents were influential to him growing up and that he grew up “feeling more Filipino than American.”

“I see no great illusion [and] I’m not affected by the illusion of the American dream, which is essentially capitalism,” Rada explained.

What many may not know or remember was that the Philippines used to share its own Independence Day with the U.S. The U.S. government officially recognized Philippine independence from American colonization on July 4, 1946, but in 1962 the Macapagal administration changed the na-

tional Philippine Independence Day to June 12.

But that period in which Philippine independence and American independence shared a date speaks volumes on the ways in which geopolitics and colonial history has bound the two countries.

What developed out of the decades of shared wars, trade pacts and military occupation was a Filipino identity that has been formed

by American exceptionalism.

“There’s that confluence that’s existed even after the Philippines gained independence, right, like there is still very much an American presence in that country and among Filipinos everywhere, and you see it in the way they still believe in the ‘American dream’ and the way they see anything American as superior,” Gina de Mallo, a graduate student studying political communication at UC Berkeley told the Asian Journal.

De Mallo was born and raised in the Bay Area to Filipino immigrants who, like so many Filipino immigrant parents to U.S.-born kids, favored American assimilation for their kids.

“My parents, once they got here, became very American and wanted us to be the same way, and I think that has to do with that myth that it’s mutually exclusive to be American and to be Filipino, when you can be present in both,” de Mallo shared.

Like Rada, de Mallo doesn’t plan to celebrate the Fourth of July as intended, seeing it as “an excuse” to party and “parade around in stars and stripes.”

But this Fourth of July happens to fall squarely in the middle of dangerous pandemic and civil unrest. With the unpacking of the U.S.’ racist and discriminatory past, a celebration of American exceptionalism and patriotism feels like folly to many Americans disillusioned by the recent events related to police brutality and the failure of lawmakers to mitigate the COVID-19 spread.

“Freedom is a concept that many Americans feel connected to whether or not it’s the freedoms laid out in the Constitution, that ideas of a free press, freedom of speech, freedom to love and all these other promised and amended freedoms are uniquely American things,” Paul Garcia, a Filipino American law student in New York City, told the Asian Journal.

Referencing protestors of COVID-19 restrictions who believe that the requirement to wear a face mask in public to prevent the spread of germs is an infringement on individual freedoms,

Kellyanne Conway’s part Fil-Am...

PAGE A1 t “My dad thinks it’s awesome I’m speaking for myself and expressing my views,” the 15-year-old said in an interview with Insider on Tuesday, June 29.

Conway participates in popular TikTok dance trends and uses comedy to educate her followers about a wide range of progressive issues like Black Lives Matter, routinely encouraging her followers to sign petitions and engage in the movement by calling for the arrest of the police officers who killed Breonna Taylor in March.

“To all the Trump supporters in my comments whose only personality traits are commenting ‘Trump 2020’ with the American flag: yes, my mother is Kellyanne Conway, senior counsel to the President of the United States [and] campaign manager to his 2016 election. So... your point?” Claudia says in a video responding to Internet trolls in her comments on Tuesday, June 30.

“Believe it or not, you can have your own opinions that are not influenced by your parents at all!

By simply educating yourself! My views have nothing against my mom, please don’t comment about her, please don’t comment about my dad. Go find another hobby, sweetheart,” she says.

Though she had been posting content on and off for the last five years, the politically vocal teen’s videos went viral this week when videos from her TikTok surfaced on Twitter and Instagram. According to the Insider interview, Claudia said that she identifies as “100% leftist and liberal” and that she “respectfully declined” her mother’s request to take down some of her videos.

Claudia acknowledged that although she gets into political arguments with her mother, she still considers her her “best friend” despite their differences in opinion.

Claudia Conway, the 15-year-old daughter of presidential counselor Kellyanne and Fil-Am attorney George Conway, has gone viral for her TikToks seemingly critical of the Trump administration.

“Growing up when your mom is Kellyanne Conway, it’s really really hard to disassociate yourself with that image because people look at me and are like, ‘oh, that’s Kellyanne Conway’s daughter, she must really love Trump,’ when in reality, I really don’t,” she said, adding that her views “could not be more opposite” of her mother’s.

But at the end of the day, Claudia expressed respect for both her parents and will continue to use social media to educate other Gen Z-ers.

“I look up to [my parents] and want nothing but success and good fortune for them. They are my parents and that trumps all — no pun intended,” Claudia said. “I believe that ignorance stems from a lack of education and a lack of knowledge and I believe knowledge is power. Even if you have opposite views of me, as long as you’re informed and able to see both sides, that’s all that really matters.” (Klarize Medenilla/AJPress)

Kellyanne and George Conway with their four children

Garcia shared that contemporary Americans have “exploited” the idea of freedom to solely fit their own desires.

Rada mirrored that sentiment, calling freedom “a buzzword to get away with doing whatever it is they want to do.”

“I think what we have to remember is that you do not serve a country or a leader or a flag: you serve the idea, the law of the land as it was based in the U.S. Constitution,” said Rada, who graduated from Liberty University with a degree in criminal justice.

The Fourth of July was designed to appeal to the pathos of the Founding Fathers and the forming of the United States of America as a new kind of democratic nation that values rugged individualism and, ultimately, capitalism. But as the country slowly becomes more inclusive, the idea of American patriotism is changing.

And, the idea of love of country and the potential overhaul of governance are not mutually exclusive.

“Love of a country doesn’t mean blindly following what has been the norm. I think that’s when people get confused and recoil when they see people like Colin Kaepernick kneeling in protest of police brutality,” Garcia explained.

He added, “America is not free of iniquity, and it’s okay and should be okay to acknowledge that. It doesn’t mean you hate your country or are anti-American. In fact, I think it showcases a complex kind of love for the country, that you want to see it evolve into a fairer nation devoid of existing systems of injustice.” n

PAGE A1 t Hernandez grabbed her by the hair, pushed her head down and punched the back of her head “multiple times.”

Following the incident, Salminao filed a police report but nothing transpired, until months later, when Hernandez was the subject of two viral videos in which she was caught spewing anti-Asian sentiments.

“When I first saw that video…I was shocked, like ‘Oh my gosh, this is that same woman that attacked me.’ I told my husband and showed him. He agreed with me because that was the same face and voice you won’t forget,” Salminao said.

In the first video posted on June 10, Hernandez is heard berating a Pinay named Sherry who was exercising on the steps of Wilson Park in Torrance.

“Get the (expletive) out of this world…Get the f*** out of this state. Go back to whatever (expletive) Asian country you belong in,” Hernandez shouts.

“This is not your place. This is not your home. We do not want you here.”

She was again caught on camera in a racist tirade against an unidentified Asian American man who was at the parking lot of the park that same morning.

“You are going to go to real jail now,” she says, and then uses a mock Asian accent. “You understand me, China man?”

Sandy Roxas, a Fil-Am attorney who took on the three cases pro bono, told the Asian Journal that the battery charge is “one small step” of holding Hernandez accountable.

“However, the victims are disheartened and unsatisfied with the delay in justice and the lack the criminal accountability. This anger and outrage are also widely shared by the Asian American community,” Roxas told Asian Journal. “It took the Torrance Police Department over seven months to act upon Kayceelyn Salminao’s case. “If it weren’t for the two viral videos, it is likely that this case would have remained uninvestigated and unprosecuted.”

Despite the widespread sharing of the racist incidents back in June, the Torrance City Attorney’s Office on Thursday said that Hernandez will not be charged for them due to “critical gaps in the evidence.” She was previously questioned by Torrance police on June 16, but was not arrested.

Roxas, along with the Fil-Am victims, are continuing to call on Torrance officials to do more to ensure that the community is safe and that there is justice for the three victims.

“These are real victims, including two small children, who suffered emotional and mental trauma as a result of Lena Hernandez’s verbal attacks because of their status as Asian Americans. Unfortunately, they will not see any justice that they deserve,” Roxas said. “I call upon all the city’s government officials to ask themselves what can they do to eradicate racism and xenophobia that clearly exists in our community.”

She added, “As Asian Americans, we will not tolerate this type of racism. We have shown

Torrance Police identified Lena Hernandez, 56, of Long Beach, California as the woman who was caught on video again hurling hate-filled and racist remarks towards a man. This comes after she was filmed verbally harassing a Fil-Am woman named Sherry who was exercising at a Torrance park.

the world that we will fight racist attacks committed upon us, as well as our brothers and sisters from various minority groups who continue to suffer because of our status as people of color.

This is our country. This is our home. This is our community.

And we belong here.”

Hernandez, who has not been arrested as of this writing, will have her bail set at $1, the city attorney’s office said.

Anyone with additional information about the incidents is urged to contact the Torrance Police Department at (310) 3283456. n

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US sets new record for...

PAGE A2 t

people to get infected because there is a subset, particularly those with obesity, those with habits like smoking, for example, who are at a higher risk of complications and death,” said Swaminathan.

Return to closures ahead of Fourth of July holiday As reopening phases stall across the country, many closures have also returned and will likely mean changes to people’s Fourth of July celebration plans.

California Governor Gavin Newsom on Thursday urged Californians to turn to their “better angels” when making holiday plans and continue following public health precautions.

“We’re not going into everybody’s backyard and enforcing,” said Newsom. “We’re just encouraging people to be safe, to be thoughtful about themselves and others.”

On Wednesday, Newsom said that parking lots at state beaches would be closed throughout most of California for the Fourth of July weekend.

The order follows beach closures in Los Angeles that were announced on Monday and will be in effect from Friday morning, July 3 to Monday morning, July 6. Ventura County and other Southern California city councils followed suit in deciding to close beaches.

Newsom also ordered bars to close and halted indoor dining services in restaurants in Los Angeles and 18 other counties including Orange County, Riverside, San Bernardino, Santa Barbara, and Ventura.

“This doesn’t mean restaurants are shut down,” said Newsom. “It means that we’re trying to take the activities, as many activities as we can — these mixed activities, these concentrated activities — and move them outdoors, which is a way of mitigating the spread of this virus.”

Other establishments ordered to close include movie theaters, family entertainment centers, zoos and museums, and cardrooms.

The orders are expected to be in place for at least three weeks.

Los Angeles public health of-

ficials also ordered all major Fourth of July fireworks shows to be cancelled.

In light of the changes, Newsom said Fourth of July as a holiday was not cancelled.

“Patriotism, at least in a COVID-19 environment, can be expressed a little bit differently with consideration of our independence again from COVID19,” said Newsom.

He emphasized that masks and keeping safe physical distances still needed to be observed.

“That needs to come with conditions and considerations on wearing masks and making sure we’re physically distanced,” said Newsom.

In some Los Angeles cities like West Hollywood and Santa Monica, local officials have allowed fines to be given to those not wearing a mask in public in an effort to control the spread of the virus.

“It’s a sign of someone who gives a damn,” Newsom said on Tuesday. “It’s a sign of someone who wants to solve a problem.” n

Philppine President Rodrigo Duterte

Duterte signs controversial anti-terrorism...

PAGE A1 t

“The signing of the aforesaid law demonstrates our serious commitment to stamp out terrorism, which has long plagued the country and has caused unimaginable grief and horror to many of our people,” the spokesperson added.

Proponents of the bill say that the intent is to end terrorism in the Philippines where commuOVER 17 YEARS nist and Islamic insurgencies are still extant. They add that terrorist activities have been frequent even amidst the COVID19 pandemic.

Philippine Senator Panfilo Lacson, a former police chief, previously said that the preceding Human Security Act allowed a “total of 20 instances where law enforcers can be charged and penalized for violations,” compared to only four instances for terrorists to be prosecuted.

The new law enables the susDarrick V. Tan, Esq. pected “terrorist” to also be placed under surveillance for Licensed in California for 60 days, extendable by up to 30 over 17 years more days, by the police or the Licensed in Nevada for military. over 12 years* Acts punishable under the law UCLA, Bachelor of Arts, Political Science with Cum Laude honors include: Southwestern University Law • Engaging in acts intended School, Juris Doctor to cause death or serious bodily Admitted to U.S. District Court, injury to any person, or endanCentral District of California gers a person’s life; Member, American Immigration • Engaging in acts intended Lawyers Association to cause extensive damage or Member, Consumers Attorney destruction to a government or Association of Los Angeles public facility, public place, or Former Member, Board of Governors, Philippine American private property; Bar Association • Engaging in acts intended *Inactive to cause extensive interference with, damage, or destruction to critical infrastructure; • Developing, manufacturing, possessing, acquiring, transporting, supplying or using weapons; and • Releasing of dangerous substances, or causing fire, floods or explosions.

Any person who proposes, incites, conspires, participates in the planning, training, preparation, and facilitation of a terrorist act, as well as those who will provide material support to

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terrorists and recruit members in a terrorist organization, will also be penalized by life imprisonment without the benefit of parole.

Meanwhile, anyone who threatens to commit terrorism, and those who propose any terroristic acts or incite others to commit terrorism, will suffer imprisonment of 12 years.

This goes the same for anyone who voluntarily and knowingly joins any organization, association or group of persons knowing that such is a terrorist organization.

International alarm Outside the Philippines, many have joined in on criticizing the bill by participating in protests both outside and online under the hashtag #JunkTerrorBill.

“The approval of this law grants the government excessive and unchecked powers.

Legislation aimed at ‘countering terrorism’ must ensure respect for international human rights and humanitarian law and protect basic liberties,” Amnesty International’s AsiaPacific Regional Director Nicholas Bequelin said on Friday.

“This law’s introduction is the latest example of the country’s ever-worsening human rights record. Once again, this shows why the UN should launch a formal investigation into ongoing widespread and systematic violations in the country.”

Resources and card site links have been widely shared, providing links to contact information of Philippine representatives, updates, email protests and petitions, relevant tweets and threads, and donation drives. A Telegram page linked to junkterrorbill.carrd.co had 5,407 members as of Thursday, July 2.

Even American singer-songwriter Taylor Swift posted a link to an online “Junk Terror Bill” petition.

A day after the anti-terrorism bill was passed in Congress, a United Nation rights official de-

scribed the bill as “very worrying.”

Ravina Shamdasani, spokesperson for the UN High Commissioner on Human Rights, said that in using a broad definition for terrorism, the provisions used in designating people as terrorists “may violate the principle of legality under international law.”

“You add to this the context in the Philippines where a lot of human rights organizations are routinely labeled as terrorists, this is very worrying,” said Shamdasani in an online news conference.

In a 26-page report on human rights violations and impunity in the Philippines, UN High Commissioner for Human Rights Michelle Bachelet said the “vague definitions in the Anti-Terrorism Act may violate the principle of legality.”

On June 30, she urged Duterte to “refrain from signing” the bill, adding that it “heightens concerns about the blurring of important distinctions between criticism, criminality, and terrorism.”

“The law could have a further chilling effect on human rights and humanitarian work, hindering support to vulnerable and marginalized communities,” said Bachelet. “I would urge the president to refrain from signing the law, and to initiate a broad-based consultation process to draft legislation that can effectively prevent and counter violent extremism — but which contains some safeguards to prevent its misuse against people engaged in peaceful criticism and advocacy.”

Phil Robertson, deputy Asia director at Human Rights Watch described the bill as a “human rights disaster in the making.”

“The law will open the door to arbitrary arrests and long prison sentences for people or representatives of organizations that have displeased the president,” said Robertson.

u PAGE A6

Former VP Biden, Trump surrogate attend...

PAGE A2 t preventing hundreds of thousands of foreigners seeking employment through the H-1B visa.

The order disproportionately affected AAPIs, as over 70% of H-1B visa holders are from South Asian countries, primarily India. Following are China, Canada, South Korea, and the Philippines.

Calvo said that Trump’s “number one goal is to move to meritbased immigration.”

“It’s not about immigrants.

They’re important,” said Calvo.

“But [Trump’s] first and foremost priority is getting Americans back to work.”

Referencing the order, Biden said that such a move would not happen in his administration and that “people coming on these [H1B] visas have built this country.”

Biden added that in his first 100 days, he would send an immigration reform bill to congress to provide a roadmap to citizenship for undocumented immigrants.

He also vowed to rescind Trump’s Muslim ban, restore refugee admission back to an average of at least 95,000 refugees, and to take immediate action to protect undocumented immigrants who were brought to the U.S. as children, also known as Dreamers.

“My immigration policy is built around keeping families together, modernizing the immigration system by keeping families together, [and having] unification and diversity as pillars of our immigration system, which it used to be,” said Biden.

Another issue of importance to the AAPI community was economic recovery after the current COVID-19 pandemic.

One small business owner — an immigrant Indian-American chef from North Carolina who has worked with Congressman David Price to welcome refu-

gees to eat free at her restaurant — shared how she struggled to get personal protective equipment for her workers during the pandemic and received relatively small relief compared to larger corporations.

Biden criticized the handling of Trump’s CARES Act relief fund and said that the 40% that was supposed to go to small businesses went to large businesses instead.

He said that if elected, he would put back an inspector general to look into where the money was distributed and hold those who violated rules and participated in “chicanery” accountable.

“Trump’s corrupt recovery is focused on the wealthy and well-connected, not the millions of mom-and-pops that are out there facing ruin,” said Biden.

Calvo stood by the CARES Act, highlighting the Paycheck Protection Program created as part of the relief fund which, after expiring on Tuesday, was extended through August 8 in an effort to allow more businesses to keep their workforce during the pandemic.

Silent majority Biden and Calvo were also given the opportunity to appeal to the members of the silent majority, which includes many AAPI, who are still unsure of who they will be voting for in November.

Over 11 million AAPI — close to 5% of the nation’s eligible voters — are expected to vote in November, based on a recent Pew Research Center report.

While voter turnout has been low compared to other ethnic groups given the growth of eligible AAPI voters, their influence potential has been noticed, especially after AAPI electoral votes brought over a “blue wave” in some major congressional contests in 2018.

When asked what message he wanted to send to those who saw

him as an extension of President Barack Obama, Biden said he was proud to have served under the previous administration, but emphasized the need to build something better — something he said Obama also acknowledged.

He said that his presidency would be significantly different from Obama, with a goal to “undue damage Trump has done.”

Biden also criticized Trump’s recent choice of holding an indoor campaign rally in Tulsa, Oklahoma and for having continuously chosen to not wear a mask despite public health officials’ urges to do so. Biden added that despite not having held rallies himself, over 200 million people have watched him on television.

As the town hall was meant to be an opportunity for both campaigns to appeal to the AAPI community, Calvo was asked to comment on why Trump did not speak at the event himself or send any message or greeting.

During the town hall, Trump was playing golf at the Trump National Golf Club in Virginia.

Calvo said of himself that he — having “Spanish, Chamorro, Filipino, and a little bit of Chinese blood” — represented a “microcosm of the Trump campaign” and that it was best to have a member of the AAPI community present.

The former Guam governor, along with five other individuals of Filipino descent, was recently announced as part of the Trump re-election campaign’s AAPI advisory board, as reported by the Asian Journal.

He added that Trump has been going out to meet people and isn’t afraid to answer questions, “and is not hiding in his basement.”

“I have confidence in the Trump administration because he doesn’t forget the forgotten ones,” said Calvo. n

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D ateline PhiliPPines European Union travel ban deems

A

DOH: Anti-viral drug in COVID-19 trial PH, US not part of ‘safe countries’ in ample supply despite US mass purchase

by Ritchel

Mendiola AJPress

STARTING July 1, countries in the European Union (EU) will open their borders to nonessential travelers from 15 countries that are deemed to have the coronavirus under control.

The Philippines, as well as the United States, did not make the cut in the list.

EU countries will begin lifting the travel restrictions at the external borders for residents of Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China.

However, China is “subject to confirmation of reciprocity,” which means it will depend if the

country will open its borders to European travelers.

The list was created based on criteria that include the country’s epidemiological situation, and containment measures such as physical distancing, as well as economic and social considerations.

Regarding the epidemiological situation, the listed countries need to meet the following criteria: • number of new COVID-19 cases over the last 14 days and per 100,000 inhabitants close to or below the EU average as of June 15; • stable or decreasing trend of new cases over this period in comparison to the previous 14 days; • overall response to COVID-19, which includes testing, surveillance, contact tracing, contain-

ment, treatment and reporting, as well as the reliability of the information and, if needed, the total average score for International Health Regulations (IHR).

According to the European Council, the list will be reviewed every two weeks, and that countries may be added or removed, depending on how well they are in controlling the outbreak.

It also said that for the countries where travel restrictions continue to apply, only those who are EU citizens, long-term EU residents, and travelers with an essential function or need like healthcare professionals, transport personnel, diplomats, military and humanitarian workers, seafarers, passengers in transit shall be exempted from the restrictions. n

Human-sized bats, large shark teeth found in PH go viral

by Ritchel

Mendiola AJPress

A photo of a giant Philippine bat recently took the internet by storm, shocking netizens.

Posted on Twitter, the image of a “human-sized” bat garnered over 103,000 retweets, over 260,000 likes and thousands of comments.

“Remember when I told y’all about the Philippines having human-sized bats? Yeah, this was what I was talking about,” the tweet from user @AlexJoestar622 said.

One of the netizens responded: “Hey, from the Philippines here. I can confirm this, they have a huge wingspan but the bodies are not really that big, more or less like the same body as a medium (bit smaller) sized dog. And yeah they only eat fruits, guavas most particularly. They’re really gentle too.”

“There are smaller ones hanging around trees and sometimes under roof eaves of some houses back in the provinces, these bigger ones hang around taller trees (but we rarely see them), at least the ones near our old house but last time I saw one in person was almost five years ago,” the user said in another tweet.

Another netizen clarified that the 5.58 feet in height was depicting the bat’s wingspan, not the height itself.

Likewise, the National Museum

The second fossil tooth from the giant predatory shark known as Megalodon found in Bohol; a photo of a human-size bat allegedly found in the Philippines.

Photos courtesy of NM Bohol Area Museum

of the Philippines Bohol’s post of the second fossil tooth from the giant predatory shark known as Megalodon gained attention online.

“Today, we present to you a fossil tooth from the giant predatory shark Otodus megalodon (previously known as Carcharocles megalodon), though everyone may know it simply as #Megalodon,” the museum said in its Facebook post.

“This specimen was donated to your #NationalMuseumPH last May 28, 2020, and is the second O. megalodon specimen found in the town of Maribojoc,” it added.

The fossil was found by Christian Gio Bangalo in Barangay

Handig, an inland barangay and an elevated part of Maribojoc in Bohol.

The megalodon is considered as the largest shark that ever lived in the world’s oceans, with its earliest fossils dating to 20 million years ago.

“So far in the Philippines, only the teeth are found. Like other sharks, most of their skeleton, except for their teeth, is made of not bone but cartilage (like our nose and ears), which doesn’t preserve well in the fossil record. Consequently, their bodies never become fossils, and almost all things we know about the animal (size, diet, etc.) are based from their teeth,” the museum said.n

by Red

Mendoza ManilaTimes.net

THE Department of Health (DOH) assured the public that there as ample supply of an antiviral drug that was being tried as a possible cure for COVID-19 amid reports that the United States bought all the available stocks.

Remdesivir is included in the World Health Organization’s solidarity trial, which also includes HIV anti-viral drugs Lopinavir with Ritonavir, and Lopinavir with Ritonavir plus Interferon Beta 1a.

The U.S. has bought 500,000 stocks of the drug from patent holder and drugmaker Gilead, which represents its global supply for the next three months.

Health Undersecretary Maria Rosario Vergeire said Remdesivir was given to the Philippines by WHO as part of the trial.

Vergeire, concurrent spokesman, said that the procurement of the drug by the government was still being discussed although some patients have used it for humanitarian considerations.

“Sa ngayon, yung pagbili ng Remdesivir ay pinaguusapan pa ng DOH and tinitignan natin kung pwede nating isama sa current resources natin. (Right now, the procurement of Remdesivir is still being discussed and we are looking to see if it can be added to our current resources),” Vergeire told reporters in a media forum on Thursday.

Dr. Rolando Enrique Domingo, Food and Drug Administration director general, said there were other suppliers in Asia that could provide the drug.

Domingo cited studies where Remdesivir was said to have hastened the patient’s recovery.

“Umiiikli yung time ng pagkakaroon nila ng sakit, from 15 days, nababawasan to 11 days.

(The number of days the patient is ill is reduced from 15 to 11 ), ” Domingo said during a televised press briefing.

As of July 1, the solidarity trial has 450 patients but Domingo said the FDA gave compassionate permits for the use of Remdesivir to 19 others.

The DOH has said that it was waiting for the approval of its ethics committee and the FDA for the clinical trial of another

antiviral, Avigan (favipiravir), which is expected within this month.

It has also collaborated with the Department of Science and Technology (DOST) for research on the use of convalescent blood plasma, melatonin, tawa-tawa plant, and

melatonin as possible assistive cures for COVID-19.

The anti-malarial drug hydroxychloroquine was removed from the solidarity trial as it did not show any evidence that it cured the virus. n

A6 JULY 4-7, 2020 • LA WEEKEND ASIAN JOURNAL

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OPiniOn

Another collision

FeatURes

RESCUE teams have said there are no signs of life in the area where a fishing vessel sank after it collided with a Hong Kong-registered ship on the night of June 27 in waters off Mamburao in Occidental Mindoro.

After days of search operations underwater and from the air, the Philippine Coast Guard said it had found no trace of the 14 Filipinos aboard the Liberty 5, which has sunk to the bottom of the sea. The bulk carrier Vienna Wood had sent a distress call three hours after its collision with the Liberty 5. A statement from the Vienna Woods manager said its crew “initiated a search operation immediately after the incident and found no survivors.”

The Vienna Woods has been impounded as the Philippine government conducts an investigation of what has been initially described as an accident.

Malacañang has assured the public that the Philippines has “exclusive” jurisdiction over the investigation of the incident because it occurred within Philippine territorial waters.

The assurance had to be given because even if the tragedy might truly be an accident, it inevitably resurrected memories of another sea collision

a year ago. There is still no closure for the 22 Filipinos whose fishing vessel, the F/B Gem-Ver 1, sank after being struck by a Chinese ship near Recto Bank in the West Philippine Sea on the night of June 9, 2019.

The 22 fishermen were more fortunate than the 14 on the Liberty 5: while the Chinese ship Yuemaobinyu abandoned the sinking Gem-Ver, a Vietnamese vessel arrived and its crew rescued the Filipinos. Defense officials said it appeared that Gem-Ver had been deliberately rammed near Recto or Reed Bank, over which the Philippines has been awarded sovereign rights by the Permanent Court of Arbitration in The Hague. President Duterte, on the other hand, described it as a “maritime incident.”

In the latest collision, it looks like the 14 Filipinos on the Liberty 5 are lost forever. The government must see to it that the whole truth about the incident will come out. (Philstar.com)

Editorial

Dear Filipinos in America: Wear your love for our adoptive country with a mask and save lives

The Fil-Am Perspective GEL SANTOS-RELOS HAPPY 4TH of July! Today, we celebrate the Declaration of Independence of the United States of America, which we now call our home in our adoptive country.

As History.com chronicled: “The Fourth of July—also known as Independence Day or July 4th—has been a federal holiday in the United States since 1941, but the tradition of Independence Day celebrations goes back to the 18th century and the American Revolution.

On July 2nd, 1776, the Continental Congress voted in favor of independence, and two days later delegates from the 13 colonies adopted the Declaration of Independence, a historic document drafted by Thomas Jefferson. From 1776 to the present day, July 4th has been celebrated as the birth of American independence.

On July 4th, the Continental Congress formally adopted the Declaration of Independence, which had been written largely

by Jefferson. Though the vote for actual independence took place on July 2nd, from then on the 4th became the day that was cel-

ebrated as the birth of American independence.”

The Declaration of Independence document outlined a list of grievances against the British crown, however, it has been the “preamble” that we probably know most about, which includes its most famous passage: “We hold these truths to be self-evident; that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.”

Former President Barack Obama said in an online roundtable in support of “Black Lives Matter” protests in June: “Just remember this country was founded on protest. It is called the American Revolution and every step of progress in this country, every expansion of freedom, every expression of our deepest ideals has been won through efforts that made the status quo uncomfortable.

And then we should all be thankful for folks who are willing in a peaceful, disciplined

way to be out there making a difference. There is a change in mindset that’s taking place, a greater recognition that we can do better. That’s a direct result of the activities and organizing, and mobilization and engagement, uh, on so many, uh, young people across the country who put themselves out on the line to make a difference.”

History indeed has illustrated how the American people have made all efforts to create “a more perfect union”, and each crisis demanded a collective response from the American people to surmount our challenges and come out better and stronger as a nation.

The Preamble of the U.S. Constitution states: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

THIS YEAR, we celebrate the Fourth of July holiday amid a very difficult and threatening pe-

riod in our history as we, as well as the rest of the world, are facing a medical emergency from the coronary pandemic.

This year, we have started to live a “new normal” as we navigate this crisis, and we may be missing the usual festivities like fireworks, parades, concerts, even family gatherings and barbecues, because of the shelterin-place and social distancing measures implemented by state government officials to help mitigate the spread of the virus and save lives.

This year, we need to come to terms with the fact that the invisible enemy we are all fighting can infect any of us regardless of our political stripes and colors, our religion, gender, race, etc. and the only thing we have control on is how we respond to the challenges and accept our own personal responsibility to help save our life and the lives of other people, especially the most vulnerable ones from COVID-19.

In honor of American Independence this year, this generation is called to live our pro-life values, our patriotism, and our respect and appreciation for those who are in the frontline in

the war against the pandemic by doing one simple but effective life-saving thing: WEAR A MASK. This should have never been a political issue.

This is a medical emergency issue and should have never been politicized especially by the President of the United States.

WEAR A MASK. Wear a mask with pride and dignity and feel how this simple act will relay your love for God, for the country and other people. Conversely, other people will likewise look up to you with respect and appreciation. This, along with social distancing, personal hygiene, is our formidable arm in this war against the virus. This is an important effort we all can do toward creating “a more perfect union” during this challenge of our time.

As the Center for Disease Control and Prevention (CDC) stated: “Cloth face coverings are recommended as a simple barrier to help prevent respiratory droplets from traveling into the air and onto other people when the person wearing the cloth face covering coughs, sneezes, talks, or raises their voice. This is called source control.

This recommendation is based on what we know about the role respiratory droplets play in the spread of the virus that causes COVID-19, paired with emerging evidence from clinical and laboratory studies that shows cloth face coverings reduce the spray of droplets when worn over the nose and mouth.

COVID-19 spreads mainly among people who are in close contact with one another (within about 6 feet), so the use of cloth face coverings is particularly important in settings where people are close to each other or where social distancing is difficult to maintain.”

WEAR A MASK. The life you save may be your own or the lives of your loved ones. We can make a difference. We can do this. We can do this together.

We are all in this together! * * * Gel Santos Relos has been in news, talk, public service and educational broadcasting since 1989 with ABS-CBN and is now serving the Filipino audience using different platforms, including digital broadcasting, and print, and is working on a new public service program for the community. You may contact her through email at gelrelos@icloud.com, or send her a message via Facebook at Facebook.com/Gel. Santos.Relos.

White privilege and its lasting effects on Filipinos’ colonial history and America today

Commentary

ENRIQUE

Philstar.com photo

DE LA CRUZ

Shortly after the #BlackLivesMatter hashtag started to appear over social media, I overheard an Anglo say in riposte, “Well, all lives matter…” (I have also heard “white lives matter too.”)

I do not quite remember the context of this conversation, but the remark stuck with me. The BLM campaign is not meant to minimize white lives; it is a protest against white privilege, and the ideology that seeks to preserve it, white supremacy.

What is white privilege? It’s like being born into a slave-owning family. One may not have participated in acquiring slaves, but growing up in such a family brings privileges and advantages that one did not earn or work for. They are privileges and advantages one takes for granted growing up, including the belief that the slaves have lower status than your white family members.

White America, writ large, is descended from this slave-owning family. It is “America’s original sin,” as many have pointed out.

As America matured, half of the clan found slave owning distasteful and morally abhorrent; they sought to abolish it.

But the other half were loath

to give up these privileges believing that this was a natural order of things. They formed the confederacy and fought the abolitionist members of the clan to preserve their slave-owning privileges. White supremacy is the ideology of those who wish to preserve white privilege.

Today, many of them fly the confederate flag to symbolize adherence to this ideology.

They have even constructed monuments, to those who led the opposition to the abolition of slavery.

Even though the confederate states lost, they were still clan members—family, so to speak.

As long as “slave owning” was transformed into that of an employee/employer relationship, the northern clan members did not care much about what their former slave-owning relatives did. This attitude ushered in the era of Jim Crow, a period of apartheid and segregation.

Even though America abolished slavery, it neglected to expunge from its culture the privileges, especially the attitudes and biases from this slave-owning past. In fact, it turned a blind eye to the Jim Crow laws passed in the confederate states that legalized these white privileges, and attitudes — until the civil rights struggles of the 1950s and 1960s when President Lyndon

Johnson and Congress passed the Civil Rights Act of 1964, and ended the application of Jim Crow laws. But it is one thing to declare racial discrimination illegal. It is more challenging to expunge from the culture the attitudes and biases that are taken for granted under white privilege. There is a myriad of examples. Central is the privilege to not think of race. Race is always in terms of Blacks, Asians, Latinos, etc. Whites are the norm. Beauty means fair-skinned. History is white history. Anglos go through life without fear of being racially profiled while people of color have racial stereotypes attached to their perceived skin color. A recent lawsuit against the UC asserts that college entrance tests are biased towards whites.

I have always wondered where we Filipinos, especially our foreign-born and educated kababayans (i.e., Philippineborn and educated like me) are situated in a country where whiteness and white privilege are the norm. By the official census category, we are Asian, but we also have a long western colonial experience — more than 300 years under Spain, and half a century under America. America’s colonial regime over the Philippines has effectively transformed how we are

perceived by white America and how we navigate and adapt to the norms of American society.

Unlike our East Asian brethren (the Chinese, Japanese, and Korean) we arrived here as former colonials, speaking English relatively fluently, and educated in an American style educational system, curated by white Americans. In effect, aspects of white privilege were baked into our education, a process that nationalist historian Renato Constantino called, the “mis-education of the Filipino.”

We were indoctrinated into the value system of white privilege thru English as the language of instruction. From K-12 thru college, we spoke English, and learned via textbooks curated by white Americans, patterned after academic programs in the United States. We lost pride in our native language and the culture that was expressed thru it. And most critically, we became blind to white privilege.

We have dark skin, but our model of beauty is of light white skin. We model ourselves after white American cultural icons: “The Elvis Presley of the Philippines.” We are deeply religious, but of Christian/Catholic faith — unlike our Asian neighbors who are either predominantly Islamic, Buddhist, or Shintoist.

Evaluating the effects of this colonial legacy, even from a

Filipino nationalist perspective, is challenging. But the advantages it has given Filipinos, as they migrate to America with its culture of white privilege, is easier to identify. Philippine trained professionals like doctors, nurses, accountants, and bookkeepers have had a relatively easier time in gaining licensure to practice their professions. This is how Filipinos came to dominate certain niche professions here like accounting, bookkeeping, and nursing.

It is rather ironic that Filipinos in the Philippines appear to have had more opportunities for educational advancement than African Americans. They migrate and work side by side with Anglos and white bosses.

It is no wonder that we find it hard to see white privilege, let alone understand it.

But there is a catch. Our white-curated education also made us conscious that we are never as good as whites. We were molded in the image of white America, but not quite as good as the original. This is the inferiority complex that is ingrained in our colonial education. When we arrive here, we look around. If whites are above us, who is below us?

And we readily adopt the racist attitudes of white privilege, to make ourselves feel good.

We may not be as good as, but

there are other Americans who are beneath us: Blacks. Thus we adopt a key attitude of white privilege: Blacks are of a lower status than us.

Filipino immigrants enjoy a duality within the struggle against racism. As former colonials, we benefit from white privilege, and as a racial minority, we gained from the struggle against racism. Our presence in huge numbers today is the direct result of civil rights legislation that eliminated race-based immigration quotas thru the Immigration and Naturalization Act of 1965. Since 1934, with the passage of the Tydings-McDuffie Law, aka the Philippine Independence Act, Filipinos were banned from migrating to the United States like the Chinese and the Japanese before them as the law set a limit of no more than 50 immigrants per year. The removal of race-based immigration quotas, plus our white curated education, made us preferred immigrants to fill labor shortages as America transitioned from an industrial economy to a service economy.

And as I noted in a prior essay, our access to elite universities today, is largely the result of affirmative action programs instituted to address racial discrimination in university admis-

u PAGE A7

The views expressed by our Op-Ed contributors are solely their own and do not necessarily reflect the predilection of the editorial board and staff of Asian Journal.

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Dateline PhiliPPines

‘Duterte had 4 great years’ - Palace

by Catherine

Valente ManilaTimes.net

PRESIDENT Rodrigo Duterte had a “great four years” in office, Malacañang said on Thursday, July 2 despite the challenges his administration has faced.

Palace spokesman Harry Roque Jr. made the statement after Duterte marked his fourth anniversary as the country’s highest elected official on June 30.

“It’s been a great four years,” Roque said when asked to assess Duterte’s presidency.

“Meron po tayong pagsubok pero dahil meron tayong very sound fundamentals, makakaahon din po tayo (We have challenges but since we have very sound fundamentals, we will overcome these),” he added.

Roque said the Philippines had one of the most promising economies “in the whole world” before the coronavirus pandemic hit.

“We averaged 6.5 percent growth annually in the past four

years, inflation is under control, interest rates were low. We had a record credit rating attesting to the fact na naniniwala po ang mga nagpapautang na tama ang ating mga ginagawang polisiya (creditors believe that our policies are right). So, it was actually a great performance as far as the economy is concerned,” he added.

The country’s economic growth from 2016 to 2019 ranged from 6 percent to 6.9 percent.

The Philippine economy grew 6.9 percent in 2016, 6.7 percent in 2017, 6.2 percent in 2018, and 6 percent in 2019, making the Philippines one of Asia’s fastgrowing economies.

The country, however, suffered its first economic contraction in 22 years because of the pandemic.

The country’s gross domestic product declined 0.2 percent from January to March this year, according to the official data from the Philippine Statistics

Authority.

But Roque was optimistic that the country would recover from the impact of the pandemic.

“Dumating na tayo sa punto na kinakailangan din nating buksan ang ekonomiya nang hindi naman tayo mamatay sa gutom dahil walang hanapbuhay (We reached the point that we have to reopen the economy so no one will die just because they lose their jobs),” Roque said.

The Palace official also noted that the majority of Filipinos appreciated Duterte’s performance.

“As far as approval [rating] of the President is concerned, hindi po bumababa ‘yan sa 80 porsyento (it doesn’t go below 80 percent),” Roque said. “So, approve po ang taumbayan sa mga ginagawa ng Presidente.

Kasama na din po diyan yung kampanya sa pinagbabawal na droga (So the public approves what the President is doing, and this includes the drug war).” n

8 more airports resume operations by rudy

SantoS Philstar.com

Apolonio said Busuanga airport would start operations today while Tacloban, Ormoc, CatbaMANILA — Eight more air- logan, Catarman, Borongan and ports in the country have been Surigao airports would resume given clearances to operate com- operations on July 10. mercial flights after concerned Siargao airport will start oplocal government units granted erations on Sept. 1. the request of airlines to resume The Manila International Aircommercial operations. port, Clark International Airport, Civil Aviation Authority of Puerto Princesa International the Philippines spokesman Eric Airport, Davao International

Airport as well as the Laguindingan, Dipolog, Pagadian, Cotobato, General Santos, Legaspi, San Jos, Virac and Basco airports resumed commercial flights on Wednesday.

Apolonio said some of the airports stopped accepting commercial flights after reaching the quota for returning locally stranded individuals and overseas Filipino workers. n

White privilege and its lasting effects on...

PAGE A6 t sions. Our English facility, and our familiarity with white culture, primed us to take advantage of the freedom to choose where to live that the Fair Housing Act of 1968 decreed. Unlike our non-English speaking counterparts who had to confine themselves to ethnic enclaves for a generation or two, Filipinos did not have to be so confined. With needed professional skills, they are able to purchase homes much earlier in the process of assimilation, and thus move up to the middle class sooner. The realization of the dream of homeownership is a very direct benefit from the civil rights struggles of the 1950s and 1960s, which culminated

in the Civil Rights Act of 1964, and capped by the Fair Housing Act of 1968. It was led by African Americans, who shed much blood for it. We missed these struggles, for we were still being molded by white privileged America into “into their image.”

Today we are once again at a tipping point in the struggle against white privilege and white supremacy. Black Lives Matter is the struggle to expose white privilege and the culture that minimizes African Americans. It is a struggle against police brutality and their policing practices that have historically devalued black lives.

Filipinos, myself included, have drank from the fountain of

white privilege, which facilitated our migration into American society. But our lives here are in the sunshine that the struggle for civil liberties made possible. We are Americans, now, Filipino Americans. We have a stake in removing the stains of white privilege from the fabric of American society. We can start by being more critically aware of the attitudes and biases, especially implicit biases infused into us by our colonial heritage. This way we start to pay forward the benefits we received from struggles of the past. * * * Enrique de la Cruz is Professor Emeritus of Asian American Studies, with CSU Northridge.

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Amnesty International: New terror law ‘another setback for human rights’

by Jigger

J. Jerusalem Inquirer.net

CAGAYAN DE ORO CITY—The human rights group Amnesty International (AI) said the signing

by President Rodrigo Duterte of the controversial Anti-Terrorism Act is “yet another setback for human rights.”

“Under Duterte’s presidency, even the mildest government critics can be labelled terrorists,” said Nicholas Bequelin, AI’s Asia-Pacific regional director.

“This administration has effectively crafted a new weapon to brand and hound any perceived enemies of the state,”

Bequelin said.

“In the prevailing climate of impunity, a law so vague on the definition of ‘terrorism’ can only worsen attacks against human rights defenders,” Bequelin added.

The law has been widely criticized for its alleged threat to curtail liberties and its openness to abuse by authorities.

“The approval of this law grants the government excessive and unchecked powers,” said Bequelin.

“Legislation aimed at ‘countering terrorism’ must ensure respect for international human rights and humanitarian law and protect basic liberties,” Be-

quelin said.

“This law’s introduction is the latest example of the country’s ever-worsening human rights record,” he added.

“Once again, this shows why the United Nations (UN) should launch a formal investigation into ongoing widespread and systematic violations in the country,” Bequelin said.

Three days ago, UN High Commissioner for Human Rights Michelle Bachelet has urged Duterte to refrain from signing the then proposed law saying that the measure blurs the “important distinctions between criticism, criminality, and FARMERS PRODUCE NOW IN SUPERMARKETS. Department of Agriculture (DA) Secretary William Dar (right) and Resto PH (group of restaurant terrorism.” n owners) president Eric Teng do the elbow bump after the signing of Memorandum of Understanding with SM Supermalls on Wednesday, July 1 for

Duterte to meet police, military commanders over Jolo shootout Locsin warns of ‘severest response’ if China’s army drills in SCS ‘spill over’ to PH domain a joint project called the “Farmers Produce” at the DA central office in Quezon City. The project aims to provide livelihood support to farmers and fishermen and help reboot the restaurant industry amid the COVID-19 pandemic. Under the agreement, SM will provide underutilized spaces free of charge for farmers and cooperatives for the selling of their local produce.

PNA photo by Robert Oswald P. Alfiler

by Catherine

Valente ManilaTimes.net

PRESIDENT Rodrigo Duterte will visit Mindanao to meet with the commanders of the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) following the alleged “misencounter” between policemen and soldiers in Jolo, Sulu, a Cabinet official said on Thursday, July 2.

“The President is going to the South to talk to PNP and AFP commanders [there]. Sabi ko nga kung may time pa siya kausapin niya ‘yung mga suspect (I told him to talk to the suspects if he has time),” Interior Secretary Eduardo Año said.

President was saddened by the incident that left four soldiers dead.

Killed were Maj. Marvin Indammog, 39; Capt. Irwin Managuelod, 33; Sgt. Jaime Velasco, 38; and Cpl. Abdal Asula, 33. The four were tailing four terrorist suicide bombers when the shooting happened.

Senior military officials have claimed that the soldiers were rubbed out.

Duterte ordered the National Bureau of Investigation to hasten DILG Secretary Eduardo Año ManilaTimes.net photo its investigation into the shooting incident.

He said the President exHe did not disclose other depressed hope that the police and tails for security reasons.

On Wednesday, Palace spokes- military would avoid a repeat of man Harry Roque Jr. said the the incident under his watch. n

PH gov’t charts new COVID-19 action plan

by Dempsey

reyes ManilaTimes.net

THE government is preparing a new coronavirus response strategy that will allow freer movement of people and the gradual reopening of the economy, Defense Secretary Delfin Lorenzana disclosed on Thursday, July 2.

The first phase of the government’s National Action Plan against Covid-19 (NAP) had garnered “good results,” Lorenzana said. The plan was implemented in March when coronavirus disease 2019 (Covid-19) cases began to increase, especially in Metro Manila.

The NAP was crafted by the National Task Force Covid-19 headed by Lorenzana with Peace Process Adviser Carlito Galvez Jr. as the chief implementer.

“The first part [of NAP], which is for March, April, May, June, the objective was different from this now, because we are now able to contain the virus and there’s a need to craft another campaign or action plan,” Lorenzana said in a virtual forum hosted by the National Defense College of the Philippines Alumni Association.

The new action plan will focus on easing movement restrictions, gradual reopening of the economy and to have “the lives of people to be a little bit normal,” he said.

The new plan was presented on Thursday to the Inter-Agency Task Force for the Management of Emerging Infectious Disease (IATF-EID).

The next action plan will be laid out from July to September.

If the virus is still not contained after September, a third plan will be implemented from October to December.

The Philippines is considered as one of the countries with the longest and strictest coronavirus lockdowns.

As the government moves to relax lockdown restrictions, the Departments of Trade and Industry (DTI) and Tourism (DoT) are considering the proposal to increase the operational capacity of hotels, restaurants, and other establishments in areas under general community quarantine (GCQ).

“In such a case that GCQ might be extended for much longer, DTI and DoT are also considering increasing the operating capacity of these establishments we are inspecting.

This can be done even in GCQ, provided that compliance to the health and safety guidelines remains high and the health statistics in the country remain stable and manageable,” Trade Secretary Ramon Lopez said in a statement on Thursday.

“Given those conditions, we can confidently propose an increase in the working capacity moving forward. The higher operating capacity, the more jobs and sources of income we can provide for our workers,” Lopez said.

The DTI and DoT inspected selected hotels and restaurants in Ortigas Center in Pasig City on July 1. They were joined by

Pasig Rep. Roman Romulo, Mayor Victor María Regis “Vico” Sotto, and Mandaluyong Mayor Carmelita Abalos.

Lopez expressed satisfaction with the practices of the inspected hotels and restaurants.

He also cited the high compliance rate of food establishments, ranging from 95 percent to 100 percent, which was based on official reports from daily nationwide monitoring efforts conducted by different teams from DTI, DoT, the departments of Labor and Employment (DoLE), Health (DoH), Interior and Local Government, together with the respective local government units.

The IATF-EID earlier approved the 30-percent operational capacity of dine-in establishments in GCQ areas ahead of its original reopening schedule under the modified general community quarantine (MGCQ) — so that workers can return to their jobs and businesses can gradually reopen, get accustomed to the safety protocols, and gauge measures needed to ensure the safe reopening of the economy.

Dine-in establishments will be allowed to operate in MGCQ areas at the maximum seating of 50 percent.

“While we recognize that earnings remain below breakeven with the current arrangements, we are also very grateful for businesses and their sacrifices, which have helped not only restart the generation of jobs, income, and revenue, but also restore consumer confidence,” Lopez said.

Bangko Sentral ng Pilipinas Governor Benjamin Diokno believes at least 70 percent of the economy can now move forward despite the continued spread of the Covid-19.

“There are some activities that may not be able to take off at this time but there are some ready. Maybe about 70 percent of the economy can move forward,” Diokno said in a press briefing on Thursday.

For the first time in weeks, the Philippines recorded a low number of Covid cases due to adjustments in reporting by accredited Covid laboratories, according to the DoH. The DoH reported 294 new cases, with only 52 fresh cases, and 242 late cases, bringing the total to 38,805 cases.

The last time the count fell below the 200 mark was on June 7, with 227 new cases recorded.

The small number of cases was due to the change in data extraction time, which the DoH said is a “temporary” measure.

“From 24 hours, we only had 19 hours’ worth of data due to the change in process so that our Epidemiology Bureau will be given the time to do in-depth analysis on the data that we present,” Health Undersecretary and Spokesperson Maria Rosario Vergeire told a televised press briefing.

Vergeire added that out of the 72 Covid-19 testing laboratories, only 58 submitted their line lists through the CovidKaya application.

She said there were no new fresh cases in Region 7 or Central Visayas.

Improving In a related development, Galvez said the situation in Cebu City is now “improving” but a lot still needs to be done.

Cebu City has seen a surge in Covid-19 cases and has surpassed Metro Manila as the disease’s new hotspot. It is the only area under enhanced community quarantine, the strictest form of lockdown.

Galvez attributed the improvement to cooperation of the public and the local government.

He pointed to allowing Covid19 patients to undergo home quarantine and the city’s “weak” contact tracing as the reasons why it became a virus hotspot.

Galvez also noted the “psychological stigma” being faced by contacts of Covid-19 cases.

Some areas in Cebu City were “densely populated” making physical distancing hard to enforce, he said.

The Cebu City Health Department has recorded 5,141 Covid19 cases. The number of patients who have recovered is 2,713, while the death toll is 169.

With most businesses going online under the new normal.

Sen. Juan Edgardo “Sonny” Angara called on the government to work together in preparing the workforce for the adjustment.

Angara said the global economy is rapidly changing and as a result, a lot of the traditional jobs are disappearing and new jobs are emerging that require, at the very least, some basic technological know-how.

“We need a careers framework that involves education, skills training and support from our government agencies. So, the role of agencies such as Tesda, CHEd, DepEd and DICT has become even more important now to prepare our people and to set up the infrastructure needed.DoLE also has a role to play in matching the skills with the jobs available or in demand,” he added.

Tesda is the Technical Education and Skills Development Authority; CHEd, the Commission on Higher Education; DepEd, the Department of Education; and DICT, the Department of Information and Communications Technology.

During a hearing of the Committee on Labor, Employment and Human Resources Development, among the bills taken up was Senate Bill 1469 or the proposed National Digital Careers Act filed by Angara, which aims to promote the development of digital careers in the country and equip Filipinos with the skills needed to avail of these jobs.

Under Senate Bill 1469, the DICT, in collaboration with DoLE, DTI, DepEd, CHEd and Tesda will be required to prioritize the creation of digital training on various competencies. (With reports from Red Mendoza, Mayvelin Caraballo, Catherine Valente, anna Leah Gonzales and Javier Jose Isamel/ ManilaTimes.net)

by Christia

marie Inquirer.net

ramos

MANILA — Foreign Affairs Secretary Teodoro Locsin Jr. on Friday, July 3, warned China that it would be met with “severest response” should its military exercises in the South China Sea “spill over” to the Philippine territory.

In a taped video statement, Locsin said the Philippine government views “with interest and some concern” reports on Navigation Notice No. 00-69 regarding the conduct of military exercises by the Chinese People’s Liberation Army in the South China Sea, particularly in waters off Paracel Islands from July 1 to 5.

The notice, Locsin said, states that “no vessel shall be allowed to navigate within the prescribed area and all vessels shall have to follow the guidance of the commanding Chinese ship on the site.”

“My first reaction was to check the coordinates in the Navigation Notice…The Chinese naval military exercises, if they stick to their coordinates, do not impinge on Philippine territory,” Manila’s top diplomat said.

“These exercises are taking place in waters off Xisha Islands —the Paracels — over which Vietnam claims sovereignty.

Should the exercises spill over to Philippine territory then China is forewarned that it will be met with the severest response, diplomatic and whatever else is appropriate,” he added.

Manila and Beijing have long been locked in a maritime dispute. In 2013, the Philippines filed a case with the Permanent Court of Arbitration (PCA) at The Hague in The Netherlands challenging China’s sweeping claim of nearly the entire South China Sea. The Hague-based court then ruled in favor of the Philippines in July 2016 invalidating China’s nine-dash line claim.

President Rodrigo Duterte has been criticized for setting aside the landmark 2016 arbitral ruling against Beijing’s mythical nine-dash line claim in the South China Sea. China refused to recognize the ruling, continuing its aggression in the disputed waters and building artificial islands to house military facilities.

Earlier, the Philippines lodged two diplomatic protests concerning China’s alleged pointing of a radar gun at a Philippine Navy ship and the establishment of two administrative units covering Philippine territories as part of the disputed South China Sea. “We have previously protested the establishment of districts Xisha and Nansha under the administrative jurisdiction of Sansha City, noting that the creation of Sansha City is null and void ab initio for being devoid of basis in international law,” Locsin continued.

“This is the problem with playing fast and loose with historical narratives and historical names; they open themselves to error;

unless the real purpose is to excuse unchallenged mistakes that may over time harden into rights,” he added.

However, the foreign affairs chief still recognized China as the Philippines’ “nearest and biggest trading partner.”

“China’s presence and participation is essential to the success of any post-COVID recovery of our national, regional, and the global economy,” he added.

Still, Locsin called on “erring” parties to “refrain from escalating tension” and abide by responsibilities under international law, particularly the United Nations Convention on the Law of the Sea. “We urge them to adhere to the rule of law and their commitments to international instruments such as the 2002 Declaration of the Conduct of the Parties in the South China Sea, particularly the exercise of self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability especially in this pandemic,” he said.

He further said that the Philippine government has “consistently” protested violations of international legal obligations and commitment and “strongly condemned the conduct of such activities in areas of the South China Sea within the Philippines’ sovereignty, sovereign rights, and jurisdiction — including waters off the Kalayaan Island Group and the Scarborough Shoal.” n

DOH monitors new swine virus from China by sheila

Crisostomo Philstar.com

ease 2019 (COVID-19), which has infected over 10 million people worldwide as of June MANILA — The Department 30. of Health (DOH) is looking into Reports of the World Health reports about a new flu virus Organization showed that of found in pigs in China that has the figure, 503,862 have died. the potential of becoming a It said the pig virus found in “pandemic virus.”

China has become more infecAt a press briefing on Tues- tious to humans and is feared day, DOH Undersecretary Ma- could evolve into a pandemic ria Rosario Vergeire said they virus. would look into the report, addChinese experts observed ing, “Hopefully, it will not have the virus in pigs from 2011 to an effect now that everybody 2018 and found a “G4” strain has a lot of worries.” of H1N1 that has “all the esVergeire was apparently re- sential hallmarks of a potential ferring to the coronavirus dis- pandemic virus.”

Meanwhile, Customs Commissioner Rey Guerrero directed all customs port officials to remain vigilant and carefully examine all food shipments coming into the country.

Guerrero said Customs port officials must ensure that any dangerous pork and pork-related products should not be allowed entry.

He said they have been strictly monitoring the entry of agricultural and other food products and that proper safety procedures are followed.

(Robertzon Ramirez/Philstar. com)

Duterte signs controversial anti-terrorism...

PAGE A4 t Proponents of the law have responded to such criticism by saying that the right to protest are protected under law so long as protestors do not “create a serious risk of public safety.”

However, those critical of the law have pointed out that the group responsible for making the decision — the Anti-Terrorism Council — is comprised of one government agency head and eight members of Duterte’s cabinet.

“The new counterterrorism law could have a horrific impact on basic civil liberties, due process, and the rule of law amid the Philippines’ shrinking democratic space,” said Robertson. “The Philippine people are about to face an Anti-Terrorism Council that will be prosecutor, judge, jury, and jailer.”

The Carnegie Endowment for International Peace likened to the bill to similar ones passed in other countries.

Most recently, Indonesia passed an anti-terror bill in 2018 and has not experienced mass arrests of critics or journalists.

However, citizens of other countries like Egypt, Ethiopia, and Turkey have been subjected to abuse of power through antiterrorism laws that have jailed large numbers of opposition politicians, journalists, and citizen protesters.

In Ethiopia, for example, a

similar law passed in 2009 was used to jail opposition members, journalists, and peaceful political activists.

“As the Philippines marches over closer to rule by law, world leaders preoccupied with the pandemic must speak out and stay vigilant to save Filipino democracy,” wrote Aaron Sobel, the article’s author.

In San Francisco, California, a rally of about 40 people was held outside the Philippine Consulate General to demand Duterte veto the bill.

“Since Duterte became the president of the Philippines back in 2016, he has been waging terror on the Filipino masses on his War on Drugs, Martial Law in Mindanao, and his militarized approach to the current pandemic to name a few,” said Angela Santelices, Community Outreach Coordinator of Anakbayan San Francisco, a youth led organization that was at the rally. “It is painfully clear that Duterte’s interests are to control our communities, not to help.”

Nate Roque, the External Chairperson for Northern California Pilipinx American Student Alliance (NCPASA), said that the push for the bill during the coronavirus pandemic was a clear indicator of the Philippine government’s lack of priority over citizen health.

Referring to the recent arrests of protesters, he added,

“This bill is a direct attack to human rights. Sadly, within the last few days students were attacked and unlawfully arrested because they were protesting.

This isn’t how a government should treat their people.”

Joemae Santos, Regional Coordinator of MALAYA Movement San Francisco, another youth led movement in attendance at the San Francisco rally stated: “The Anti-Terror Bill is a blatant attack on our basic human democratic rights. It seeks to punish all forms of dissent through trumped up charges and imprisonment. The bill grants supreme authority to the government and will allow them to label anybody as a terrorist.”

Also this week, a rally was held outside the Philippine Consulate in Los Angeles to not only raise awareness about the bill, but also the security alliance between the Philippines and the U.S. (Since 2016, the U.S. has given close to $550 million in defense assistance to help the Armed Forces of the Philippines’ modernization program.)

“Something sinister is happening here,” Malaya Movement Southern California Coordinator Audine Tayag stated.

“The Philippines continues to use increased militarization and violence against everyday people rather than addressing their basic needs, and this is backed

by U.S. funding.” n

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The Asian Journal

WKND

LifestyLe Consumer Guide Community marketpLaCe

But my child was a baby when the petition was filed!

Immigration Corner Atty. MichAel Gurfinkel, eSQ DEAR Atty. Gurfinkel: My sister petitioned me in 2001 in the F-4 category, (brother/sister of a U.S. citizen) when my child was still a baby. Recently, the priority date became current.

We paid all the fees and submitted all the forms on behalf of my family, including my child, who is now over 21.

At the interview, the consul approved my husband’s and my visas, but said my child cannot be included because he “aged out.” He was only a baby when the petition was filed, so how could he have aged out? Is there hope under the Child Status Protection Act (CSPA)?

Very truly yours, CD Dear CD: A child’s age and eligibility for immigration benefits under CSPA are calculated and determined based on the date the priority date finally becomes current, not their age on the date the petition was filed. This includes all family and employment-based petitions (ex-

cept for “immediate relative” petitions, which are petitions of U.S. citizens for their minor children, parents or spouse on which case the date of filing controls).

The Child Status Protection Act (CSPA) can sometimes provide relief for children who aged out. But it is very complex and can be confusing in terms of determining eligibility.

• For immediate relatives, eligibility is determined as of the date the petition was filed. If the petition was filed before the child’s 21st birthday, the child could benefit from the CSPA, provided they don’t get married.

• For other petitions, the child’s CSPA eligibility is determined based on when the priority date becomes current (or visa becomes available), even if they were under 21 when the petition was filed.

In your case, your sister petitioned you. Therefore, the child’s age on the date the petition was filed is not determinative for CSPA eligibility. Instead, the child’s age when the priority date finally became current controls, and you must perform a mathematical computation, to determine if their CSPA age is still under 21.

If a person has questions or issues about their child’s CSPA eligibility, or if they have been denied a visa by the Embassy because the child aged out, they

may want to consult with an attorney, who can evaluate their case and determine if the child is truly CSPA eligible. The attorney could either assist in processing the child’s case or seek reconsideration from the Embassy of the visa refusal. *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories”, endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.

WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelLaw, Twitter @GurfinkelLaw and YouTube: US Immigration TV Call Toll free to schedule a consultation for anywhere in the US: 1-866-487-3465 (866) – GURFINKEL Four offices to serve you: LOS ANGELES ∙ SAN FRANCISCO ∙ NEW YORK ∙ PHILIPPINES (Advertising Supplement)

Ryza announces pregnancy

bump followed by photos of her dog surrounded by blue blue baby clothes and stuffed toys, indicating DRAMATIC actress Ryza Cenon she is pregnant with a boy.

“It’s the small moments that kicked off the month of July with happy news that she soon-to-be make life big. Happiness is on the way. #prayeranswered #Godsgift a mother.

On Instagram on Wednesday, #newjourney,” Cenon wrote.

In another post, she shared July 1, the 32-year-old Kapamilya star proudly showed off her baby a two-photo collage in black in by iza iGlesias ManilaTimes.net

white. In both photos, she wore jeans and a white top and captioned it, “Before & After.” Before showed a very sexy Ryza Cenon, while after had her with a growing belly.

In an interview with showbiz site Pep.ph, Cenon disclosed she is five months pregnant and that the PAGE B3

Iza Calzado, Dingdong Dantes and Angelica Panganiban are members of Aktor.

Photos from Instagram/@missizacalzado, @dongdantes, @iamangelicap

Dingdong, Iza, Angelica, more stars in actors’ group hit anti-terror bill, ABS-CBN shutdown

by Niña

V. GuNo

Inquirer.net

DINGDONG Dantes introduced Wednesday, July 1, an organization of actors that aims to play an active role in nationbuilding.

The group, called Aktor (League of Filipino Actors) released a statement critical of measures that it says threaten freedom of expression in the country.

Members of the group include Agot Isidro, Angelica Panganiban, Cherry Pie Picache, Gabbi Garcia, Iza Calzado, Janine Gutierrez, Jasmine Curtis-Smith, Joel Torre, Khalil Ramos and Richard Gutierrez, among others.

Aktor was formed last May 30 to create a community of artists who seek to defend their desire to create stories that contribute to nation-building.

Dantes read the group’s statement in a Facebook Live session on the Film Workers Unite page.

The statement can also be seen in members’ individual social media pages.

Actor has taken a critical stand on the ABS-CBN shutdown, production guidelines from the Film Development Council of the Philippines (FDCP) and the passing of the anti-terror bill.

The FDCP guidelines, released as Advisory 6 on June 27, has been criticized by groups in the entertainment industry.

The Directors’ Guild of the Philippines denounced FDCP’s “overreach into regulatory and oversight functions over productions.”

“Hindi maiwasang isipin na ang lahat ng mga nangyayari ay may layunin,” the statement said, as recited by Dantes. “Ang lahat ng mga utos na ito ay may layuning kontrolin ang daloy at esensya ng pagkwento.”

(You cannot help but think that everything that is happening has a purpose. All these orders have a goal to control the flow and essence of story-

telling.)

“Ang mapigilan ang paghahayag ng mga tunay na kwento ng bayan. Ang lahat ng ito ay lumilikha ng kultura ng takot,” read the statement.

(To stop the spread of the true stories of the nation. All this creates a culture of fear.)

The group stressed in the statement that it wanted to end the perception of actors as mere entertainers, and instead be viewed as “responsible” members of society.

“Madalas itinuturing na lamang ang karamihan ng mga aktor na mga manika at tau-tauhan na panlibang at nagdudulot ng saya,” it said.

“Tumitindig ang AKTOR ngayon bilang responsable at mahalagang bahagi ng lipunan at kinatawan ng industriya.”

(Most actors are usually thought of as dolls and characters to provide entertainment and give joy. Aktor stands as responsible and important part of society and representative of the industry.)

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Ryza announces pregnancy...

PAGE B1 father of her baby is cinematographer Miguel Antonio Cruz, whom she tagged in her posts. Among Cruz’s works are “T’yanak” (2014), “The Girl in the Orange Dress” (2018) and “Mission Unstapabol: The Don Identity” (2019).

Meanwhile, on his personal Instagram account, Cruz shared the sonogram image of their baby along with a touching letter from his late father to his future grandchild.

“Found this letter a couple of days after my father passed away two years ago. Don’t worry dad, we’ll make sure your grandson gets to see this so that hopefully as he grows up, he’ll be able to find all the hidden messages you’ve left for him. We’ve got you. 20 weeks LEADING U.S. IMMIGRATION ATTORNEY MICHAEL J. GURFINKEL EXPEDITES CASE TO ENSURE “CHILD” LANDS ON U.S. SOIL BEFORE HIS 21ST to go!!,” he wrote.

BIRTHDAY. One of Atty. Gurfinkel’s favorite cases is from 23 years ago, but the lessons are timeless and valuable to the present, where the family’s efforts to save money resulted in extra delays and a child who was about to age out in a matter of days. This was before Congratulatory messages from the Child Status Protection Act, and back then, the child must arrive in the U.S. before midnight of his 21st birthday or the case would industry friends quickly poured be lost. Time was running out for Steve (2nd from left) when the family realized that “Miracle Worker” Atty. Gurfinkel (right) was their into their respective comments only hope. As soon as the family agreed to retain the Law Offices of Michael J. Gurfinkel, the latter worked non-stop to ensure that Steve section, among them, messages would land on U.S. soil before his 21st birthday. Watch the events unfold on an encore episode of CITIZEN PINOY on Sunday, July 5 at 6:15 from Ria Atayde, Isabel Oli-Prats, pm (PST) on TFC. (Advertising Supplement) LJ Reyes and Dianne Medina who also announced she and husband Rodjun Cruz are expecting back in April.

The actress made rounds on social media last week after she shared her latest makeover rocking a short hairstyle. She said she decided to cut her hair because of severe hair fall, which she later you feel loved.

But then there

By AllAn PolicArPio told Pep.ph it was because of her are also other people who make Inquirer.net you feel judged,” said the pop pregnancy.

Cenon rose to fame after she “I BROKE down at one point recording artist, who publicly because it was like going back announced his intent to transi- joined GMA Network’s original to the dark times, the feeling of tion and changed his name from reality talent search, “StarStruck,” in 2004. She was named Ultimate anxiety and depression. But I Charice to Jake in 2017. had to [do it]. It was stressful.”

“That’s why when I don’t have Thus said Jake Zyrus of havwork or any other stuff to do, I ing to relive the challenges he would rather stay at home,” he faced, personal and familyrevealed. related while doing “Jake and On social media, sentiments Charice,” a documentary that and opinions about the 28-yeardelves into his life, musical jourold singer-performer’s gender ney and gender transition. identity seemed to have melThe documentary recently lowed. And that’s quite heartenwon the Golden Camera award ing, even inspiring, Jake said. at the social issues category of “Looking at the comments on the US International Film and the songs I post on YouTube, I Video Festival. It was produced feel like they have accepted me. by the NHK, Japan’s national Or maybe they’re just being broadcasting organization, and kind to me. But whatever that Documentary Japan in cooperamay be, I can see that there’s tion with ABS-CBN. respect—not just toward me, but “It documents my journey— in general,” he said.

Jake Zyrus Inquirer.net photo we went all the way back when Still, he avoids social media as I was young and showed how That’s why I’m grateful to have much as possible. As a public figeverything happened. It also the documentary.” ure, he conceded that things can focused on my transition as a “I will just let the film speak get better, but not “100 percent trans man,” Jake said of the for itself and, hopefully, educate OK,” because some people will documentary in a recent video people—that’s if they’re willing always have something to say, interview with the Inquirer. “regardless of what you do.” to listen,” Jake stressed.

While the film has already “I can’t force anyone to be- Ryza Cenon proudly shows off her baby bump.

“It’s up to us if we want to be Photo from Instagram/@iamryzacenon been screened in Japan last educated. If not, then at least be lieve that [cyber]bullying is November, it has yet to receive kind,” he added. something that can affect [peoa playdate in the Philippines.

While he feels that people’s ple] seriously… emotionally.

Streaming is a possibility, how- perception of him is now better How hard is it to show respect ever, Jake said. than how it was when he first and kindness? That’s something Does he think that show- came out as a trans man, the I have always wondered about,” ing “Jake and Charice” in the singer admitted that going out in he said.

Philippines will help people public or reading about himself Amid the COVID-19 panunderstand better his and other online can still be an “emotional demic and lockdown, Jake busies transgender people’s stories and roller-coaster.” himself with online shows and plight?

“Sometimes, I go out and I recording performance videos.

“I’m hoping, but I’m not feel good. But then I go some- He’s learning the ropes of muexpecting. Whether they under- where else and… you get that sic and vocal mixing. And he stand or not, that’s up to them. I look. That ends up triggering recently released a self-penned have tried to explain myself and … [my anxiety],” he told the single, “Love Even If,” which who I am. But as I get older, Inquirer. talks about his willingness to the more I feel that I can’t go “It’s like a roller-coaster, be- love, no matter how hard it can on explaining myself forever. cause you see people who make sometimes be.

Jake relives challenges of doing his award-winning documentary

Susan Roces on her birthday in July last year with ‘Ang Probinsyano’ co-star Lorna Tolentino and direk Lauren Dyogi: The series will not be complete without her, Philstar.com photo

Susan works from home, back in ‘Ang Probinsyano’ ricky lo Philstar.com

by

THREE weeks ago, Funfare published a follow-up to an earlier headlined story that FPJ’s Ang Probinsyano was poised to come back while observing the new protocols drawn up by the Kapamilya Network for the shoot — that stars and crew should be tested negative before they are all billeted in a hotel for the duration of the shoot (which could last for two weeks or longer), brought socially-distanced and face-masked in shuttles during a change of location, and no chaperons (for stars) are allowed, so they (stars) have to bring with them everything that they need (wardrobe, etc.).

Tough, right? Well, that’s the exigency in these uncertain times (not a flicker of light at the end of the long tunnel yet).

Not only because she’s senior (turning 79 on July 28, coinciding with The STAR’s 34th anniversary), Susan Roces begged off the resumption of the series (calculated to end its five-year run initially in September) since she felt that she couldn’t keep up with the “new normal” procedure. She requested to “kill” her well-loved character Lola Flora who was at her carinderia when it was bombed during the series’ pre-pandemic episode.

Cliffhanger: Was Lola Flora killed?

As I was saying (and you will agree with me), the series won’t be complete without Susan, it won’t be the same without her.

Minus Susan, it would be tantamount to cutting the show’s link to FPJ (whom lead actor Coco Martin has been desperately trying to imitate... with not much success).

The good news is that Lola Flora has actually survived the bombing and is “hidden” somewhere. Hooray!!! Susan was prevailed upon to please stay.

The solution? Susan would shoot her scenes (starting last week) right at her home with co-star Malu Crisologo and with Susan’s nephew Jeffrey as cameraman.

Nice compromise: Lola Flora is triumphantly back, with Susan working from home (WFH) like most everybody.

Incidentally, Susan and stars in other Kapamilya shows have gladly agreed to have their talent fees cut in sympathy with the current state of the network. (See official press release below.)

Stay tuned and find out how policeman Cardo will conduct himself during the pandemic.

Hmmm, don’t tell me he will attempt to sweep the virus out of the planet?

Female Survivor with Mike Tan as Ultimate Male Survivor.

She then appeared in several Kapuso shows but it was in December 2016 when she hit stardom in the role of Georgia Acuzar-Ferrer in “Ika-6 na Utos.” She was later tagged “Primera Kontrabida of the Philippines” for her memorable portrayal of Georgia.

In 2017, after 13 years with GMA Artist Center under GMA Network, Cenon signed an exclusive contract with Viva Artist

Agency. Thereafter, she starred with JC Santos in “Mr. and Mrs. Cruz” for which she received the Yakushi Pearl Award at Osaka Asian Film Festival 2018 for her performance.

On April 12, 2018, Cenon signed an exclusive contract with ABS-CBN. Her first project was “FPJ’s Ang Probinsyano” as Aubrey Hidalgo. She also became one of the lead cast members in “The General’s Daughter” alongside its main star Angel Locsin.

B July 4-7, 2020 • lA WEEKEND ASIAN JOuRNAl

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

Disadvantages of tax-driven (fake) divorce Tax Tips Victor Sy, cPA, MBA & roger L. orieL WE discussed the benefits of divorce last week. Let’s discuss drawbacks this week.

Medical insurance: It’s typical for one working spouse to carry medical insurance for the whole household.

One spouse may lose coverage and end up paying for the whole cost of new healthcare insurance which can be very expensive.

IRA for non-working spouse:

A working spouse can contribute up to $6,000 in an IRA for a non-working spouse, plus $1,000 if 50 or older. Divorced individuals cannot avail of this benefit. The two must file jointly and be married.

Retirement benefit issues: In a divorce, the non-working spouse loses the advantage of getting contributions to his or her spousal individual retirement account and spousal Roth IRA. Spouses are generally the automatic beneficiary for a 401(k) plan; they need to sign a waiver to allow someone else to receive those funds. After divorce, one can change the beneficiary as one pleases, when one pleases.

Control over business entities: You give can end up losing

control over a business that you founded. Your spouse gets 50% and could create problems for you overrunning it. Your spouse can vote against you in critical business decisions. *** Victor Santos Sy graduated Cum Laude from UE with a BBA and from Indiana State University with an MBA. Vic worked with SyCip, Gorres, Velayo (SGV Andersen Consulting) and Ernst & Young before establishing Sy Accountancy Corporation in Pasadena, California. *** He has 50 years of experience in defending taxpayers audited by the IRS, FTB, EDD, BOE and other governmental agencies. He is publishing a book on his expertise - “HOW TO AVOID OR SURVIVE IRS AUDITS.” Our readers may inquire about the book or email tax questions at vicsy@live.com.

Proclamation suspending entry of individuals who present ‘risk’ to US labor market Tapat Sa Batas Atty. rheA SAMSon NOONG Hunyo 22, 2020, si President Trump ay naglabas ng Proclamation na nagsususpinde ng pagpasok ng mga dayuhang maaaring magdulot ng panganib sa U.S. labor market pagkatapos ng epekto ng COVID-19 pandemic. Ang Proclamation ay epektibo mula Hunyo 24, 2020 hanggang Disyembre 31, 2020.

Ang mga lawful permanent resident o green card holders na nasa loob at labas ng U.S., at mga dayuhang may valid nonimmigrant visas ay hindi sakop sa Proclamation.

Binanggit ng Proclamation ang economic impact ng COVID-19 sa U.S. workers bilang katwiran kung bakit nililimitahan ang pagpasok ng ilang category ng foreign workers. Kasama na dito ang H-1B specialty occupation, H-2B seasonal o temporary workers, J-1 interns, trainees, teachers, camp counselors, au pairs, participants in summer work travel program, at L-1 intracompany transferees, executives at managers, specialized knowledge workers, (pati ang kanilang asawa at mga anak), kung sila ay (a) nasa labas ng U.S. noong petsa ng effectivity ng Proclamation, o Hunyo 24, 2020; (b) wala silang nonimmigrant visa noong Hunyo 24, 2020; at (c) wala silang official travel document na nagpapahintulot na sila ay makapasok ng U.S. Subalit ang mga dayuhang may valid H-1B, H-2B, J-1 at L-1 visas ay maaaring makapasok ng US sapagkat walang babawiing valid visas ang Proclamation.

Ang USCIS Deputy Director for Policy na si Joseph Edlow ay nagbigay din ng pahayag ng USCIS tungkol sa Proclamation. Sinabi ng USCIS na ito ay panandaliang naglilimita ng pagbigay ng ilang kategorya ng visa upang protektahan ang mga trabaho ng U.S. workers habang ang U.S. economy ay bumabangon mula sa epekto ng COVID-19 pandemic. Kinumpirma rin ng USCIS na ito ay magpapatuloy sa pagtanggap ng mga dayuhang may mga valid visa na, tulad ng H-1B at iba pang work-related visas, ha-

bang tinutulungan nila ang U.S. workers na makapagtrabaho at makahanap ng trabaho.

Ang Proclamation ay hindi ankop sa: (1) lawful permanent residents o green card holders; (2) asawa at anak ng U.S. citizen; (3) indibidwal na papasok sa US para magbigay ng essential temporary labor sa U.S. food supply chain; (4) indibidwal na ang pagpasok ay nasa national interest ayon sa determinasyon ng Department of State at Department of Homeland Security.

Masasabing nasa “national interest” exemption ang indibidwal kapag (1) ang trabaho niya ay kritikal sa defense, law enforcement, diplomacy o national security ng U.S.; (2) siya ang magbibigay ng medical care sa mga na-ospital na may COVID19; (3) kasama siya sa medical research sa US facilities upang labanan ang COVID-19; (4) ang kanyang trabaho ay kailangan para sa economic recovery ng U.S.; o (5) siya ay “child” na maaaring mag age-out sa visa eligibility dahil sa Proclamation. *** On June 22, 2020, President Trump issued a Proclamation Suspending Entry of Aliens who present a risk to the U.S. labor market following the COVID-19 outbreak. This Proclamation takes effect on June 24, 2020 and will expire on December 31, 2020. It may be continued as necessary. Lawful permanent residents and aliens inside or outside the US holding valid nonimmigrant visas are not subject to the Proclamation The Proclamation cites the economic impact of COVID-19 on U.S. workers as the justification for limiting the entry of foreign workers. Thus, the Proclamation suspends entry of nonimmigrant visas in the following categories: H-1B (specialty occupations), H-2B (seasonal or temporary work), J-1 (interns, trainees, teachers, camp counselors, au pairs, participants in summer work travel program) and L-1 (intracompany transferees, executives and managers, specialized knowledge workers), together with their spouses and children if they are (a) outside the U.S. on the effective date of the Proclamation, or June 24, 2020; (b) do not have a nonimmigrant visa as of June 24, 2020; and (c) do not have an official travel document permitting them to be admitted to the U.S. However, those with

valid H-1B, H-2B, J-1 and L-1 visas that are outside the U.S. can enter the U.S. as no valid visas are revoked by the Proclamation.

USCIS Deputy Director for Policy Joseph Edlow issued a USCIS Statement on the Proclamation, stating that it “temporarily restricts certain categories of visas from being issued to protect jobs for American workers while our economy recovers from the effects of COVID-19.” USCIS further affirmed that it will continue to honor already issued valid visas, such as H-1B or similar visas as the U.S. helps American workers get back on their feet.

The Proclamation does not apply to: (1) lawful permanent residents or green card holders; (2) spouse or child of a U.S. citizen; (3) any individual seeking entry to provide temporary labor essential to the U.S. food supply chain; (4) any individual whose entry would be in the national interest as determined

by Department of State and Department of Homeland Security.

A person may be considered under the “national interest” exemption if said individual (1) performs work that is critical to the defense, law enforcement, diplomacy or national security of the U.S.; (2) is involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; (3) is involved with the provision of medical research at U.S. facilities to help the U.S. combat COVID19; (4) is necessary to facilitate the immediate and continued economic recovery of the U.S.; or (5) is a child who would ageout of eligibility for a visa due to the Proclamation. *** ATTY. RHEA SAMSON is the principal of SAMSON LAW FIRM, P.C. She has been a member of the State Bar of California for over 15 years and the Integrated Bar of the Philippines for over 20 years. Atty. Samson received her Legal Management degree from the Ateneo de Manila University and her Juris Doctor degree from the Ateneo Law School.

She was a Professor for over 10 years, teaching Obligations and Contracts, Labor Laws and Social Legislation and Taxation Law. Atty Samson is the author of The Law on Obligations and Contracts (2016), Working with Labor Laws-Revised Edition (2014) and Working with Labor Laws (2005).

SAMSON LAW FIRM, P.C., 3580 Wilshire Boulevard, Suite 1710, Los Angeles, CA 90010; Phone: (213) 274-4561; Email: info@ samsonlawfirmpc.com.

(Advertising Supplement)

Heart on why she won’t join politics: ‘I can help without that kind of power’

by Cha Lino Inquirer.net

ACTRESS Heart Evangelista once again clarified that she is not interested in entering politics.

“Pol it ics is not for me. I can help without that kind of power,” Evangelista said on Tw itter on Wednesday, Ju ly 1. Evangelista is married to Sorsogon governor Chiz Escudero.

The actress addressed the question of whether or not she will eventually run for office by responding to a netizen’s post. A certain @fudgeeBarNamanO posted a screengrab of Eva ngel i st a’s I n st ag r a m Stor ies on Tw it ter, stat i ng, “Hopi ng [Hear t Evangel ista won’t] enter politics.”

Evangelista has been aiding citizens in Sorsogon, as seen on her Instagram Stories on Wednesday.

Evangel ista launched her project “Big Heart PH” yesterday as well via Instagram.

The initiative targets to give students free tablets and data for the government-proposed

Heart Evangeslita with husband Sorsogon Governor Chiz Escudero Photo from Instagram/@iamhearte

“blended learning” amid the COVID-19 pandemic. “ W hat once st a r ted as a small project on Twitter has now turned into one of [the] biggest blessings this year,” she said.

“Through this project, we aim to provide students t he proper tools they need so they do not stop learning and educating themselves despite the cu r rent pa ndem ic sit uat ion of our countr y,” Evangelista

added.

The actress previously sold her painting to buy 550 tablets for students who have online classes.

Evangelista has been saying no to entering politics for years now. In 2016, after Escudero ran for the Vice President posit ion a nd lost, Eva ngel ista rejected the idea of entering politics by citing that it is “very messy” and say ing she was “okay with what I have.”

Do I have a community property interest in a house my spouse acquired before marriage?

GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or funds during the marriage?

The community in this situation acquires a pro tanto interest in the ratio that the payments on the purchase price made with community funds bear to the total payments on the purchase price and any appreciation should be apportioned accordingly. Marriage of Moore (1980) 28 C3d 366, 371, 373, 168 CR 662, 664, 665. Other expenses associated with the property are not considered in the calculation such as mortgage interest, taxes, and insurance. In essence, the real property would accumulate both a separate property and a community property component by the date of separation.

The appropriate remedy in this situation where separate property is subsequently paid with community funds is “apportionment.”

The process of apportioning between the separate and community property component is laid out in the Marriage of Marsden. In that case, the court determined the ratio or percentage in which the mortgage loan principal was reduced during the marriage and applied that percentage to the appreciation of the real property during the marriage.

The community property component would then consist of the reduction in the mortgage loan principal during the marriage plus the portion of appreciation during the marriage applying the ratio discussed above.

In the Marriage of Marsden, the real property was purchased by the husband for $38,300 prior to the mar-

Barrister’s Corner Atty. Kenneth UrSUA reyeS riage. The original mortgage was $30,000.

By the time the husband got married, the house was now worth $65,000 while the mortgage has gone down by $7,000. Both the appreciation of $26,700 and the mortgage reduction of $7,000 would be separate property since it occurred prior to marriage.

Marriage of Madsen (1982) 130 CA3d 426, 181 CR 910.

During the marriage until the time of trial, the property has appreciated another $117,500 (property now valued at $182,500) while the mortgage has further declined by $9,200 up to the date of separation.

The ratio at which community funds paid down the mortgage ($9,200) during the marriage to the original purchase price ($38,300) amounts to 24.02%.

This percentage of the property appreciation during the marriage of $117,500 ($28,223.50) plus the reduction in mortgage balance during the marriage ($9,200) would constitute the community component of the real property. The rest was the husband’s separate property.

The husband in that case was awarded his separate property component of the real property plus one half of the community property component.

The Marsden apportionment method is also applicable to situations where a community real property is later transmuted into one spouse’s separate property through execution of a quit claim by the other spouse but is subsequently paid using community funds. Marriage of Broderick (1989) 209 CA3d 489, 257 CR 397. In litigation, the community interest in the situations mentioned about is proven through expert witness

testimony typically by a forensic CPA. Since California case law allows the creation of a community interest in real property acquired prior to marriage, one has to consider vehicles to protect themselves if you own property and you are contemplating of getting married.

There are several ways of avoiding the creation of a community interest on your separate real property. One, you can sign a prenuptial agreement. Two, the parties can execute a postnuptial agreement if the parties are already married. Three, the parties can execute a transmutation agreement with a waiver of any family code section 2640 reimbursement claim. If your divorce case involves complex issues of asset distribution, it is best to retain the representation of competent counsel. *** Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, APLC. This article is not a solicitation. *** Attorney Kenneth Ursua Reyes is a Certified Family Law Specialist.

He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association.

He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APLC is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@ kenreyeslaw.com. Visit our website at Kenneth@kenreyeslaw.com.

(Advertising Supplement)

Sole proprietors need Chapter 7 relief for $280K credit cards and $80K commercial lease Debt Relief

Atty. LAwrence yAng THE clients are a husband and wife in their mid-60s. I asked them if they have started receiving social security benefits, and sadly they told me that they migrated less than 10 years ago so have not yet contributed at least 10 years to social security.

They have contributed for eight years and need two more years to go to qualify for social security benefits. From the time that they arrived in America, they have been self-employed with two retail-based businesses. So their SS contribution is based on self-employed income. Unfortunately, their retail business has ground to a halt as of March 2020 when the lockdown started taking place in California. Before the pandemic, the business gross was about $10,000 a month. Since March, the gross receipts are zero. They don’t see any way at this time to complete two more years of self-employment contribution to social security to complete ten years. You need 10 years of contribution to qualify for social security benefits. This is the minimum threshold. You have to be working or be self-employed with social security contributions for ten years; otherwise, you don’t get any social security benefits when you reach 62. At 62, you only get 70% of what you will be getting at 66 but you have the choice of getting social security early at 62.

Adult children to the rescue Fortunately, the clients have four adult children who are employed and who together contribute $1,200 for them. That’s great, but hopefully, when the virus is destroyed by the vaccine — which should be available maybe by the end of this year — clients can set up another business and start contributing to social security again to complete their ten years. Their retail business has good demand from the public when things get

back to normal.

In the meantime, since they have had no business for the last three months and with future business still looking pretty bad since we are not able to control the virus at this time with total lack of leadership in that area and with civil unrest everywhere in the nation, millions of Americans losing their jobs and millions of small businesses that cannot recover even with PPP loans to tide them over for several months, the present and the future look dim. We are like a rudderless boat in a tempestuous sea being aimlessly tossed about by waves that we have no control over. The captain of our ship is nowhere to be found.

Sole proprietors of retail business In the last 8 years of doing business as self-employed sole proprietors, clients have racked up $280,000 of credit card debt!

That’s almost $9,000 a month of minimum credit card payments! I guess they must have used credit cards to keep their businesses afloat during lean months in the last eight years.

They have not paid the retail lease since March. They still can’t open their retail business now because their kind of business is not yet allowed to open.

So with $280,000 of credit card debt, and another $60,000 of commercial lease that they can’t pay because there is no business due to the pandemic, the clients decided to start fresh without accumulated debt with a Chapter 7 petition.

They will wipe out the $280,000 of credit cards and the $60,000 of an unpaid commercial lease. With this decision to file for Chapter 7, they are on track to become productive citizens again when things get back to normal. Maybe by the end of the year, they can start another business and complete their social security contributions. Two more years, that’s not a long time and it’s certainly doable without $280,000 of credit cards weighing them down and choking them. Chapter 7 is the right decision. This is 100% correct.

Corporation owes $400K commercial lease guaranteed by stockholder spouse

The next client is 58. Still young. Ask my other client who is 92. He says at 58, you’re just a baby. I quite agree, not a baby, but still young. He has a lot of questions and I answer them one by one. He and two other individuals own a corporation that operates a buffet restaurant. It’s obvious that buffet restaurants have a difficult time getting started again, notwithstanding the greetings from the Golden Corral saying they have re-opened. You can go to the Golden Corral now and eat there in the restaurant.

I guess they serve their food now like dim sum on carts, maybe? And you know Souplantation decided to just close their business permanently after 40 years because of the virus. I really like their fresh food and soups and I’ve been going there once a week for the last 30 years. I was looking forward to their re-opening, which alas, is never to be.

Back to the client’s problem with their buffet that has been hard hit by the virus. Nobody wants to be exposed to the risk of getting the virus by eating at a buffet where people “share” food by getting food from the same plates with the same service spoon. Certainly, sometimes people cough or sneeze into the shared food plates, donating the virus if they are asymptomatic. We are made to understand that lots of people are asymptomatic so there are a lot of virus carriers who have no symptoms of being sick but may spread the virus. So buffets are particularly open to this kind of virus spreading because the way food is served. Buffets were very popular before because we can all we can there.

We gorge ourselves with all the good food at buffets. Now because of the virus, people shun buffets. A drastic change of fortune, sad to say for the client.

The client’s business has not paid rent of $20K a month for the last 3 months since March.

So that’s $60K owing. There are two more years of unpaid rent so that’s another $480K. Well, why not just close the business permanently with a Chapter 7 filed by the company? Well, someone near and dear is on PAGE B6

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Rich gets job as waitress after moving to Australia: ‘Life is indeed a journey’

By Ryan

aRcadIo Inquirer.net

ACTRESS Rich Asuncion revealed that she is now working as a waitress after migrating to Australia with her husband and daughter.

Asuncion spoke about her life in the said country on her Instagram page last Monday, June 29.

Napakasaya ko ngayong araw dahil natanggap ko na ang una kong sweldo… at sa wakas ay di na ako nalulugmok sa lungkot,” she said.

(I am so happy today because I received my first salary… and finally I am no longer wallowing in sadness.)

Asuncion stressed how this is important to her since it has been harder to find reasons to be happy during these unprecedented times. She also explained that it took her a long time to find a job since she is still adjusting to living in concern at this time so offering Australia. contactless payment technolo“Kailangan mo yun dito dahil gy is one way that we are taking pag sa bahay ka lang mas lalo all precautions necessary. With kang malulungkot,” Asuncion diligent sanitation measures, added. “Marami naman kasing sneeze guards, social disopportunities dito basta di ka tancing, and now contactless lang mapili.” payment, we can mitigate the (You need [a job] here bespread of COVID19 and provide cause if you are just at home, a safe shopping experience at you will feel more sad. There Island Pacific,” shares Niño are a lot of opportunities here as “Jeff” Lim, founder of Island long as you are not choosy.)

Pacific Market.

Following her own advice, Island Pacific is a supermarAsuncion decided not to be ket chain dedicated to promotpicky and tried working as a ing Filipino Food and Seafood waitress there. She admitted to the rest of the world. It that it was hard for her to accept is headquartered in Walnut, it at first, but eventually realized California and currently has 16 that there is nothing wrong with supermarket branches serving the job. communities in California and Asuncion added that working Las Vegas. as a waitress is still related to the bachelor’s degree in tourism

(Advertising Supplement) she earned from the University of the Philippines.

“At wala akong karapatan maginarte kasi nabigyan ako panibagong (And I have no minded by attorney @gideon. right to be choosy because I was pena that the contract I signed given a fresh) chance to start had 3 paragraphs regarding anew,” she said. “My point here confidentiality. So for now it’s is, I know most of us will need just this video.” to adjust to a new/different life Clearly excited about her after this pandemic. And that’s comeback, she added, “I am not all that bad.” allowed to thank my @corner“To be able to survive through stone family for their patience this is already a blessing. As and perseverance; thank you to hard as it may seem, look for the silver lining,” Asuncion added.

PAGE B6

Island Pacific now offering contactless payment technology for the community’s safety

ISLAND Pacific Supermarket, with locations in California and Nevada, is the first Filipino supermarket chain to offer online shopping with same-day grocery delivery in the United States.

As phases continue to reopen in California and Las Vegas, the grocery chain is taking even more precautions to keep our community safe amidst the coronavirus pandemic.

Island Pacific now accepts contactless payment at all their locations to keep shoppers, their families and employees safe!

Contactless payment is a secure method for our customers to be able to purchase their favorite Filipino grocery

items using a debit, credit, or smartcard—stored on their mobile device.

Everyone who has yet to shop online using the Island Pacific App and chooses to physical shop in their local stores are highly encouraged to utilize their Apple Pay or Google Pay, depending on their mobile operating system. Once they’ve shopped their Filipino grocery needs at Island Pacific in store, checking out at the counter is efficient and easy.

Simply pull out your digital wallet from your smartphone and Island Pacific will process payment without ever having shoppers touch the keypad!

“The safety, well-being and health of our shoppers in our communities are our biggest

Kris is finally ending her showbiz hiatus

By Iza IglesIas ManilaTimes.net

ON Wednesday, July 1, the erstwhile “Queen of All Media” posted clips of her contract signing with management and production group Cornerstone Entertainment looking both healthy and happy. Donning a new hairstyle, she sat in the middle

of a long table with Cornerstone Entertainment Inc. President Erickson Raymundo and Vice President Jeffrey Vadillo to observe physical distancing.

Citing her contract’s confidentiality agreement, the 49year-old actress-host was unable to give details on what projects the group has lined up for her.

Aquino wrote, “I was re-

“Hold on and say I am still a champion.”

She also stated that she is content and happy with her new life in Australia with her husband, Filipino-Australian rugby player Benjamin Mudie, and their daughter Isabella, whom she fondly calls Bela.

Along with her job as a waitress, Asuncion recently received

an offer from a daycare where she can work closely with Bela.

She is also set to continue her studies there and has just made a reservation for their future home.

“Life is indeed a journey full of highs and lows but you should never stop moving and you always keep moving forwards,” she expressed.

B July 4-7, 2020 • lA WEEKEND ASIAN JOuRNAl

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

Kris is finally ending her...

PAGE B5 new partners for their vote of confidence.”

Aquino also expressed gratitude to everyone who congratulated her in the comments section on her new career milestone.

“Thank you to my family and all of you, my loyal followers for helping me pray for this moment to finally arrive,” she ended.

It was only last week when veteran talent manager and entertainment columnist Lolit Solis said on Instagram she heard that Aquino is set to do a talk show with boxing champion and Senator Manny Pacquiao. However, Aquino was quick to deny this, writing in the comments, “Sorry Nay, Bernard [Cloma, Pacquiao’s friend] is confusing you. A couple of years ago, kami ni mareng @jinkeepacquiao ang nagkausap for a possible project together.

It never materialized.”

She continued, “There’s nothing in the horizon for me and Senator Manny. Willie Revillame generously offered me to use one of the other studios he set up in Wil Tower for me to do Face-

EMPLOYMENT

book and YouTube daily. There’s more but I signed a non-disclosure agreement and masunurin na your Tetay now.”

It has been two years since Aquino took a break from show business due to health reasons.

She, however, landed a cameo in Hollywood film “Crazy Rich Asians” in August 2018 as Princess Intan. That same year, she revealed she had been diagnosed with an autoimmune disease called Chronic Spontaneous Urticaria.

Even on hiatus, however, the controversial celebrity was always able to draw public attention whether from posts about her illness or her love-hate relationship with her brother, former president Noynoy Aquino.

She also figured in a public scandal with erstwhile business manager Nicko Falcis. Aquino accused and later sued Falcis for qualified theft in allegedly using company funds for personal expenses. Falcis meanwhile released his telephone conversation with Aquino where she allegedly threatened his life. The Erstwhile dubbed “Queen of All Media,” the actress-host has been on a two-year hiatus from case has been settled since. showbiz.

Photo from Instagram/@krisaquino

EMPLOYMENT

Sole proprietors..

PAGE B4 the hook on the commercial lease as well.

The client’s husband signed a personal guarantee on the lease, so he’s liable for the $60,000 plus the $480,000 of an unpaid lease if the company does not pay it. What did I tell you? I said never personally guarantee the lease of your business. I told you this years ago and I repeated this many times in different ways.

PPP to the rescue?

Well here comes the PPP, the pandemic SBA loan that the business got recently. The business got $150,000 of PPP (whether or not that is personally guaranteed is another issue) for the purpose of paying rent. That pays four more months of rent. So maybe the client can use that to negotiate a way out to settle the lease for good and have the husband’s personal guarantee cancelled?

Sure, that’s worth a try. If that works, then let’s see what happens next. One issue would be the PPP is a loan so it has to be repaid, right? And the pur-

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FOR RENT

pose of the PPP is to pay the rent to continue business, not to settle with the landlord for future rent, right? There are new and different issues involved obviously. So what happens if there is still no business after PPP? You can’t operate a business that has no revenues.

No amount of PPP can solve the problem of no revenue.

PPP just delays the inevitable.

Cirque-de-Soleil just filed for bankruptcy in Canada, its home base. It has $1B of debt and no revenues. All shows worldwide have been cancelled. *** Disclaimer: None of the foregoing is considered legal advice. Each case is different. *** 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)