111321 - Los Angeles Weekend Edition

NOVEMBER 13-16, 2021 Volume 31 - No. 88 • 2 Sections – 18 Pages

California extends COVID state of emergency

by RITCHEL

MENDIOLA AJPress

GOVERNOR Gavin Newsom has extended the state of emergency in California for the third time as a result of the threat COVID-19 poses.

The executive order issued on Thursday, November 11, is set to run until the end of March 2022, at which time the emergency will have been in effect for more than two years.

Earlier, Newsom warned the public about the increasing COVID-19 infection rates during winter season.

“Winter is coming. Winter

DATELINE

is here,” he said Wednesday, November 10.

“Last year, we had a challenging winter, particularly down here in Southern California. We started to see around this time last year case rates, positivity rates, hospitalization rates, ICU numbers start to increase.

We’re starting to see that now all across the globe. We’ve seen those trends, not dissimilar to last year,” he added.

According to Newsom, they are doing everything to prepare California for the incoming winter.

“While we were spared the worst in this summer, the

USA

FROM THE AJPRESS NEWS TEAM ACROSS AMERICA

Filipino senior brutally attacked in San Diego AN elderly Filipino man is recovering after a brutal attack outside a trolley station in El Cajon, California last week.

Jose Serra, 71, was walking to a nearby manufacturing facility at the Arnele Avenue trolley stop around 5 a.m. on Wednesday, November 3, when he was attacked by a man with a 12” knife, as reported by ABC 10 San Diego.

According to police, a man followed Serra after he got off at the trolley stop.

Serra’s friend Todd Jones, who had hired him for some odd jobs, said that Serra was attacked about a block away from the manufacturing facility.

“Was just walking down the sidewalk. This guy came up to him, pulled out a knife and just starts poking him and slashing him,” Jones told ABC 10.

Serra was later found by a bystander. His u PAGE A2

UC Berkeley’s Pilipinx community stages protests against Doe Library exhibit UC Berkeley Filipino American students and faculty, along with members of the school’s student government leaders and other community supporters, held a protest action on Thursday, October 28 to rally against an exhibit in the campus’ Doe Library.

The small exhibit in question was part of the South/Southeast Asia Library 50th Anniversary Exhibit that featured the Philippines.

The display, according to a release from the group, “featured the careers and writings of school administrators David Prescott Barrows, Alfred Louis Kroeber and other campus stakeholders justifying the colonization of the Philippines and the inferiority of communities in the Philippines.”

The noontime press conference and protest action featured short speeches from graduate student representative Alex Mabanta, who is also a PhD student at the UC Berkeley School of Law; UC Berkeley advising faculty members Karen Llagas, Joi Barrios and Cynthia Aban; UC Berkeley League of Filipino Students vice chair Denise Cruz; ASUC president Chaka

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prospects of a challenging winter are upon us,” he said. “And that’s why we’re doing everything in our power to prepare and to protect ourselves.”

Newsom noted that places like Riverside and San Bernardino are beginning to see a rise in hospitalization rates.

Further, he pointed out that California had the nation’s lowest case rate in the fall but is now 16th.

“Just yesterday, we went up to about 16th lowest,” he said.

The key to breaking the “familiar pattern” of COVID19, Newsom stressed, was u PAGE A2

KIDS’ DAY OUT. A mother takes a photo of her children inside the Christmas centerpiece at a mall in Fairview, Quezon City on Friday, November 12. Under Alert Level 2 rules, children accompanied by adults are allowed in malls and other establishments.

PNA photo by Ben Briones

Reported hate crimes in LA County rise to highest level in 12 years Hate crimes against AAPIs increased 76% from 2019 to 2020

by KLARIZE

MEDENILLA AJPress

IN 2020, reported hate crimes and incidents increased 20% in Los Angeles County, according to the Los Angeles County Commission on Human Relations (LACCHR) annual hate crime report released on Wednesday, Nov. 10.

In terms of numbers, countywide hate crimes jumped from 530 reported incidents in 2019 to 635 reported incidents in 2020.

“Similar to national trends, hate crimes and inci-

dents have increased across the board in Los Angeles County,” shared Los Angeles County Board of Supervisors Chair Hilda L. Solis, Supervisor to the First District. “This report is another alarming reminder that we have a long way to go in building a more inclusive and just society. The LA vs.

Hate initiative, which started through a motion I authored back in 2019, continues to be a critical tool for the county to combat against hate.”

The report defines a hate crime similarly to California state law: any criminal activity that, with evidence, is motivated by “bias, hate, or prejudice

based on the victim’s real or perceived race/ethnicity, religion, ancestry, national origin, disability, gender, or sexual orientation.”

The report found that the increase is largely due to a 53% spike in racial hate crimes; crimes that targeted members of the Asian, Black, and Latino all rose dramatically. In 2020, Black Americans were overrepresented, comprising 42% of all racial hate crime victims.

However, the Asian American and Pacific Islander (AAPI) community faced a 76% increase in u PAGE A4

DFA takes down passport tracker site

by JANVIC

MATEO Philstar.com

MANILA — The Department of Foreign Affairs (DFA) has taken down its online passport tracker system over privacy issues that might expose the personal data of thousands of Filipinos.

The DFA said it was made aware of the data privacy issue involving the platform, which was launched last September to allow applicants to view the status of their passport application.

A report cited a misconfigured system, which allows the public to access the data.

The DFA said its Information Technology

Unit is looking into the circumstances surrounding the issue and is taking appropriate measures to secure the data that may have been exposed.

“An internal audit will be conducted to prevent similar incidents from happening in the future,” the DFA said.

The DFA has yet to confirm if personal data of passport applicants were exposed.

The agency assured the public that it continues to prioritize the privacy of the data it handles in accordance with the Data Privacy Act. The DFA said it is working with the National Privacy Commission in resolving Senator Manny Pacquiao and President Rodrigo Duterte the issue. ■

Philstar.com file photo

Pacquiao renew Bongbong Marcos says no to possible Duterte, friendship after public rift presidential term-sharing with Sara

by KRISTINE JOY

Philstar.com

PATAG

MANILA — Presidential aspirant Ferdinand “Bongbong” Marcos Jr. has rejected a supposed term-sharing between him and Davao City Mayor Sara Duterte-Carpio.

Marcos told reporters that he is not open to the floated idea of splitting equally — which was done in the House leadership — the sixyear presidential term with Duterte-Carpio, who has yet to announce her political plans in the 2022 polls.

Presidential aspirant Ferdinand “Bongbong” Marcos Jr. speaks to residents Philstar.com photo u PAGE A4 of Batangas province on Friday, November 12.

PHILIPPINE President Rodrigo Duterte has met with Senator Manny Pacquiao to “renew” their friendship after months of infighting within their political party, according to Malacañang.

Presidential Spokesperson Harry Roque on Wednesday, November 10, confirmed that the Chief Executive had a “short and cordial” meeting with Pacquiao on Tuesday night.

“We confirm that Senator Emmanuel ‘Manny’ Pacquiao met President Rodrigo Roa Duterte last night, November 9. It was a short and cordial meeting requested by the camp of the good Senator,” he said in a statement.

According to Roque, there was

no talk about politics when Duterte and Pacquiao met.

“There was no talk of politics, but a renewal of friendship,” the spokesman noted.

Further, he said that the meeting focused on several matters that would benefit Filipinos.

“It was a meeting between two national leaders from Mindanao who discussed certain matters related to people’s concern in their area, specifically in the infrastructure and power industry,” explained Roque.

Duterte once considered Pacquiao to be his ally.

However, the two started engaging in a verbal war after

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FROM THE FRONT PAGE

California extends COVID...

PAGE A1 increasing immunity through vaccines and booster doses.

So far, California has distributed more than 54.7 million vaccine doses, with 73.7% of its entire population being fully-vaccinated.

The state’s vaccination campaign has also expanded to include children ages 511. More than 110,000 doses

have been administered as of Wednesday.

“That is just the beginning with more than 1.6 million of them available to young people,” Health and Human Services Secretary Dr. Mark Ghaly said.

He added, “We’re starting to see this pick up, and I’m really excited what this means for our state.”

In March 2020, Newsom

declared a state of emergency, as the state confirmed its first coronavirus-related death.

The state of emergency was declared “to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19,” according to the governor’s office. ■

Duterte, Pacquiao renew friendship after...

PAGE A1 Pacquiao criticized Duterte’s “lacking” stance on the maritime dispute with China. He also accused the Duterte administration of corruption.

Duterte, in response, told Pacquiao to “study first.” He also called the boxer-turned-senator “punch-drunk.”

The rift between the two caused a schism within the Partido Demokratiko Pilipino-Laban ng Bayan (PDP-Laban), creating two factions — one led by Pacquiao and the other by Energy Secretary Alfonso Cusi.

As a result, the ruling party yielded two sets of presidential and vice presidential candidates for the 2022 national elections.

Pacquiao: The fight continues Pacquiao assured that he will

not withdraw from the presidential race after his meeting with Duterte.

“Walang atrasan. Tuloy ang laban. (We will not back out. The fight is on),” he said Thursday, Nov. 11.

“Hindi nagbabago ang paninindigan ko sa pagtakbo bilang Pangulo (My stance in running for president remains unchanged),” he added.

Pacquaio also said that his stance on corruption remains unchanged, vowing that he will jail the corrupt.

“Ipakulong ang mga kawatan at i-angat ang buhay ng mga mahihirap nating kababayan.

Hindi ako trapo mag-isip. Ang panalo ko ang magpapanalo sa buhay ng bawat Pilipino (I will imprison the thieves and I will

uplift the lives of poor people.

I don’t think like a traditional politician. My victory is what will make the lives of every Filipino feel like they won as well),” he said.

In October, Pacquiao filed his certificate of candidacy (COC) for president in the 2022 national elections.

He will run under the Probinsya Muna Development Initiative (PROMDI), the national party founded by the late former Cebu governor Lito Osmeña.

PROMDI is also part of the MP3 alliance, along with Pacquiao’s faction at Partido Demokratiko Pilipino–Lakas ng Bayan (PDPLaban) and the People’s Champ Movement (PCM).

The 2022 national elections will be held on May 9, 2022. ■

Filipino senior brutally attacked...

PAGE A1 attacker had run off, possibly with the Filipino’s backpack.

“He was stabbed in the hand and arm, slashed in the back of his head to the front. Ear was dangling on there. He’s had to have plastic surgery,” said Jones.

Jones further said that Serra was stabbed twice in the stomach area, which damaged his intestines.

“One stab went all the way through the back and cut his main artery back there,” he said. “The nurse told me that no one usually survives that. Looks like he’s going to make it through… miracle.”

Prior to the attack, Serra had been suffering from health issues and now faces a long road to recovery, according to Jones.

A GoFundMe page has been set up to help pay for Serra’s medical expenses. As of this writing, a total

of $16,350 has been raised.

“We’ve known our friend and coworker for over 2 decades and have personally witnessed his greatest moments as well as his hardships. Recently however his life was changed drastically, and on the morning of November 3rd, 2021, was brutally attacked at the trolley station,” wrote Jones in the description.

He also stated that Serra sustained multiple injuries due to the knife hitting multiple major organs. He also had a protrusion on one hand, and ear half cut off.

Currently, Serra is on a ventilator in the intensive care unit (ICU).

“What bothers me the most is that he recently lost his job and through all the struggles he has been through, how can someone not knowing this defenseless el-

der do this to him… It is sad to say that we live in a world of chaos,” wrote Jones.

He added, “We do our best to help him with any day-to-day necessities he may need. However, we are asking for prayers and to cover his medical cost and give him a little extra for when he gets back home. With no family in San Diego, we take it upon ourselves to see him through this tragedy.”

Serra’s attacker was described as a Hispanic male with a shaved head, 5’9” to 6’, 175 to 200 pounds with tattoos on his arm and possibly his face.

Anyone with information about the incident is urged to come forward and call El Cajon Police at 619-579-3311 or Crimestoppers at 888-580-8477. (Ritchel Mendiola/AJPress)

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The UC Berkeley Pilipinx community held a press conference and protest action against a display at campus’ Doe Library on October 28 in front of the main library steps. Speakers included ASUC officials, graduate and undergraduate students, representatives from League of Filipino Students and PAGaSA, and keynote speaker Emil De Guzman.

AJPress photos by Joseph L. Peralta

UC Berkeley’s Pilipinx community stages...

PAGE A1 Tellem, ASUC senator Stephanie Wong, graduate assembly external affairs vice president Lucy Andrews; and a representative of Amia Nash, who is from the steering committee of the Pilipinx American Graduate Student Association (PAGaSA).

The keynote speaker at the event was Emil De Guzman, a faculty member of the California State University, who was an original student striker with TWLF at UC Berkeley in 1969 and former president of the International Hotel Tenants Association.

In his remarks, Mabanta decried the exhibit after the university had unnamed buildings and halls named after Barrows and Kroeber, and after UC Berkeley acknowledged that Kroeber’s views “clearly stand in opposition to our university’s values of inclusion and our belief in promoting diversity and excellence.” In addition, Mabanta revealed that twenty-five descendants of Barrows’ family “supported the unnaming, acknowledged the ‘deep pain’ David Prescott Barrows inflicted on many communities, apologized, and offered, in the letter, ‘to sit in conversation with those who are directly affected by Barrows’ legacy’.”

“We condemn the display. We urge the library to acknowledge and apologize for the harm it has caused. We urge the removal of the same books that motivated the unnaming of campus buildings. It is 2021. I cannot believe I have to urge this,” Mabanta said.

“And yet, it is 2021, and I can and must believe this because this whole episode is a microcosm of being Pilipinx at UC Berkeley.

The wholesale inattention to the thriving Pilipinx communities on campus, communities that have been present for over a century and who have shaped and built

PROTEST. Keynote speaker Emil De Guzman told students that honoring those that came before you is very important as he unfurled a poster of the manongs of Agbayani Village. “These guys were my greatest professors. These were the guys who taught me humanity. I-Hotel tenants taught me humanity, generosity, kindness…they taught me humility,” he said.

this university.”

“During all of Filipino American History Month, not a single campus-sponsored or department-sponsored event was organized to give visibility to Pilipinx communities, except this display on the Philippines. On October 31st the exhibit ends, and these books and the rest of the exhibit are already in the process of being removed – but what justified retaining these books for months, in spite of the outpour of objections raised?” he added.

ASUC officials Tellem and Wong both acknowledged the support of the student association with regard to its protest against the exhibit.

“I believe in our ability to acknowledge how the history of the Philippines is informed by imperial exploitation without commemorating those who laid the groundwork for its expropriation,” Tellem said in his brief remarks.

“When I first arrived at Berkeley, I had a vision of an institution that used its power to debunk systemic beliefs of racial supe-

riority, not showcase them. I am disheartened to walk past a display that only as a side note acknowledges the contributions of past academics to the prevalence of white supremacy. This display is antithetical to the values of the university that this library is meant to support and represent.

For the past few years, we’ve made progress in the fight to make the names on our classrooms represent who we are as academics, as students, and as people. We are still reckoning with how that history laid the foundations for the literature and the subjects we study today,” he continued.

“I am not suggesting we ignore the ways our institution has contributed to the systemic misunderstandings of our world.

There is a difference between acknowledging our shortcomings and learning from them and highlighting those who perpetuated self-serving narratives of racial superiority. I am grateful for the leadership shown by Alex Mabanta, Senator Stephanie

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UC Berkeley’s Pilipinx community stages... California health chief touts COVID vaccine as best shield for kids 5 to 11

PAGE A2 Wong, faculty, students, alumni, and community members at large that have rallied together to demand better from our learning environment. That collaborative spirit is what will drive us to build a better Berkeley in the long run.

I challenge campus administrators to look at these books not as illustrations of a historical moment, but as physical reminders of the trauma inflicted on our community members, reopening generational wounds in the very place that is meant to heal them,” he further stated.

Wong, who was asked to sponsor ASUC Senate Resolution 21/22-018, a piece of legislation which condemns the white colonial gaze with which this institution views Pilipinx students and its students of color that unanimously passed recently, echoed the demands of Pilipinx activists, students and faculty in part of her speech.

“First, the library should not only acknowledge and apologize for the harm it has done, but take action to remedy it. This would look like amending the display in a way that Pilipinx students and faculty see fit, representing Pilipinx in the way they would like to be represented, and uplifting their authentic narratives,” Wong declared. “Some might argue that what is currently on display, is an authentic retelling of history, seeing as Barrows, Moses, Sproul, and Krober were all scholars at UC Berkeley. It is incredibly unfortunate that this institution chooses to continue associating itself with these individuals, on the basis that they are their only connection to the Philippines.”

She continued: “Berkeley must abandon this notion and invest in its Pilipinx students who are making history every day and deserve to have their stories uplifted at Doe Library and every single Library on this campus. This brings me to the second demand: Berkeley must build and secure longasked for programs such as a resource center, language center, and Philippine Studies Program.

These are investments that will support the already amazing work students and faculty are doing, creating a new kind of legacy for Berkeley, one that centers Pilipinx and one that our community can be proud of.”

“Third, the campus should celebrate Pilipinx heritage genuinely, by formally recognizing October as Filipino American History Month. Instead of celebrating those with legacies of racism, we must recognize true heroes like Larry Itliong and Emil De Guzman of whom we have the absolute honor of hosting today as our keynote speaker,” she further said.

De Guzman in his keynote address told the audience of the two big things he learned during his involvement in the many civil rights movements and protest actions he participated in – one was his identity as a person of color, being a Filipino American and Asian American; the other was how he learned to appreciate power.

“When you have thousands of people out here, you can force change… Power can come from money, but not in our case, it was from people. And it wasn’t just Filipinos or Asians, it was a coalition of all kinds of students who joined us, who were on the marches with us, who made the difference, who fought the police,” he said. “Everything that you can do non-violently, do it.

But recognize that it has to be done over and over again.”

The victory 52 years ago as they fought for their place in the university, De Guzman said, that gave birth to ethnic studies that has now become law gave rise to community members teaching younger generations about their history and shared narrative through their own eyes and experience, and not from somebody else’s lens.

“If there’s anything I can leave with you, it’s this one point – we can’t ever forget those who came before us,” he said, unfurling a poster of the manongs from Agbayani Village. “These guys were my greatest professors. These were the guys who taught me humanity. I-Hotel tenants taught me humanity, generosity, kindness…they taught me humility.”

“Students and community together is the only way that you can win. Organize, bring the community in this campus so that we can meet with the Chancellor, tell him what we think because that’s the only language that they understand and that means we mean business,” he said as a final point.

The university, through campus spokesperson Janet Gilmore, who is Senior Director of Strategic Communications from the Office of Communications & Public Affairs, issued an email response when contacted by Asian Journal on the Pilipinx community protest versus the exhibit.

“We hear and understand their

by Cherie

Querol Inquirer.net

Pilipinx community members and supporters gather around the display after the noontime press conference.

AJPress photos by Joseph L. Peralta

concerns and will continue to meet with members of the campus community to discuss the matter further. Library officials have already made some modifications to the exhibit within the last few weeks, including by posting an acknowledgement that several Berkeley scholars who worked in the Philippines played a role in perpetuating American colonialism in that country and provided racist perspectives of people of color in the Philippines and in the United States. While individuals such as David Prescott Barrows have a clear legacy of racism towards Filipinos, Black people and Indigenous peoples, they and their work remain part of Berkeley’s history. And for that reason we must exercise extreme care, caution and sensitivity when presenting their work and discussing their legacies,” the statement read as a response to those opposed to the exhibit.

According to the email, the university has “a library exhibit that celebrates the 50th anniversary of the South/Southeast Asia Library, and the Department of South and Southeast Asian Studies. It recognizes the influential scholarship of many Berkeley faculty whose research was enabled in part by the collections in the South/Southeast Asia Library.

There is one portion of the exhibit that provides information on the work of five scholars who did research about the Philippines.”

In an interview with Asian Journal, Mabanta said that although he believes the library system reached out to some members of the Pilipinx faculty, prominent faculty member Professor Cathy Choy of the Department of Ethic Studies at UC Berkeley was not consulted. He also said he knows of no Pilipinx students who were consulted on the matter.

“Our hope is to really raise attention to community engagement participatory ways of incorporating lived experience and ways of representation from directly-impacted stakeholders into any kind of content about history, culture, etc., particularly in an exhibit about scholarship and stewardship,” Mabanta said.

The Library has not apologized to the Pilipinx community for the display, according to Mabanta, although it has put a 300-word addendum to the display.

One of the good things that may have come out of this drama is the possibility of future collaborations and engagements within the library system at UC Berkeley.

“What is so important to understand is that the UC Berkeley library system is not a monolith.

They are not centralized. They have many different participating library systems. So I can already say that members in other libraries – the Ethic Studies Library, the Bancroft Library – have indicated that they would like to do work in future Filipino American History Months, maybe in 2022, 2023 and 2024. Of

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The exhibit at Doe Library featured the careers and writings of David Prescott Barrows and Alfred Louis Kroeber whose names have been removed from UC Berkeley buildings/halls.

Moreno

SAN FRANCISCO – California’s Secretary of Health & Human Services Dr. Mark Ghaly urged members of ethnic media to spread the word about the safety and efficacy of COVID vaccines for children ages 5 to 11 currently being rolled out this week after clearance from the FDA and the CDC. In an Ethnic Media Services briefing, Ghaly gave his assurance as “a pediatrician and father of four with three kids under 12 years and no one without at least the first dose” that “the vaccines are the way through the pandemic.”

The US Food and Drug Administration on Oct. 29 authorized the Pfizer-BioNTech COVID-19 vaccine for children 5 through 11 years old, stating the ”immune responses of the 3,000 in trials” of the age sector were “comparable to those of individuals 1625 years of age.” No serious side effects “were detected” and the vaccine was “found to be 90.7%” effective, said the FDA announcement.

Children ages 5 to 11 constitute 9% percent of the state population, Ghaly said, concurring with statistics cited by moderator Regina Brown Wilson of California Black Media. Brown said that the age sector covers children who are 438,000 Asian and Pacific Islander, 171,000 Black or African American, and 1.1 mil-

lion Latino.

The vaccine for the younger sector follows a “different formulation,” Ghaly stressed. “Children will get a lower dose from vaccines for adults. The Pfizer vaccine for adults is .3% while the pediatric dose is .1% or onethird of the adult dose.”

Ghaly corrected the assumption that children under 5 to 11 are not carriers or do not suffer from severe symptoms of coronavirus. As more older adults became vaccinated, the group more susceptible to infection were young people, in some cases under-18 representing 25% of the population, sometimes more, he added.

“Thirty young Californians have died from COVID,” he said, declaring, “any additional death of a young person is unacceptable if it’s preventable.”

The state health chief counted “hundreds of thousands of COVID cases among young people. “ He asserted: “60,000 young people ages 5-11 have been hospitalized in the U.S. for COVID19. We have lost more kids to COVID than other vaccine-preventable diseases in our nation.

Now is the chance to get the same protection that so many older Californians have had for so many months that have protected them and kept our community safe.”

The roll out began with 500 providers eventually to expand to 4,000 including Kaiser Permanente, Dignity Health and

federally qualified health centers and pharmacies, said Ghaly.

Long-term complications of COVID for younger people “are real,” he warned. Those complications affect the cardiovascular, endocrine or neurologic system and sometimes psychiatric besides respiratory.

Ghaly fielded questions ranging from the number and representation of children sampled in the clinical trials to myths fueling vaccination hesitancy.

Young people from all regions, races, ethnicities, with or without pre-existing conditions were among the participants in the trials that took months and months of availability of the data, he said.

The trials were “robust.”

On the concern about the vaccine causing fertility problems down the road, “to date” no connections have been seen in adults, male/female or youth, he attributed information from trade associations such as the American college of gynecologists and obstetricians underscoring the safety of the vaccine.

To those who say their faith prevents them from getting vaccinated, Ghaly offered to ask why this vaccine would be any different from other vaccines required by schools, for example.

“How is this one different?

Why are we suddenly concerned about this one,” he asked. Those who have apprehensions should talk to their faith communities to get accurate information for a

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Bongbong Marcos says no to possible...

PAGE A1 “That is not a good formula for stability. The reason why the six years is because we want some stability in the policies of the government and if we change government every three years which is effectively what the term sharing scheme is you’re saying will do, then urong sulong na naman tayo,” he said, adding that the Constitution has to be amended for this.

This was after Quezon Governor Danilo Suarez, LakasCMD co-chairman, noted in an interview with TeleRadyo that Marcos and Duterte both rank high in surveys. “So I don’t know, whether baka mag-term share sila,” he said.

Should this agreement between Duterte-Carpio and Marcos be forged one of them would have to run as president, while the other would run as vice president. Once in power, whoever is elected president would have to give way three years into their presidency by resigning from their post to allow the vice president to take

their place.

But Marcos said he is not amenable to sharing the presidential term, even if it is with Duterte-Carpio, pointing out that whoever who will he supposedly split the term with is still a different administration.

“So if there’s going to be a such a term sharing agreement, then certainly whoever will be sitting will have to form their own government and that brings us back to three-year term and three-year terms… in principle is something that I do not think is going to be advantageous to the government, to the people,” he added.

Marcos is currently courting the vote-rich Batangas province, which saw at least two other presidential candidates—Vice President Leni Robredo and Manila Mayor Isko Moreno—hold activities in the area recently.

House Majority Leader Martin Romualdez, president of Lakas-CMD, also rejected the possibility. “In my opinion,

I don’t think that is necessary to even consider a termshare,” he said.

No backing down With just a few days before the window for substitution closes, Marcos has yet to announce his running-mate. On Friday, November 12, he admitted to being open to running without a vice-presidential candidate.

But for his bid for the Malacañang, Marcos said: “I am running for president, full stop.”

Does this mean that DuterteCarpio will be running as vice president and he will not be sliding down for his 2022 polls bid?

Marcos replied: “Well, there is not ‘definitely’ here. Isn’t that we have a saying that there is no forever. I am running for president, I do not know what other people are doing, you have to ask them. I cannot answer for other people, what their plans are, what [PartidoDemokratiko Pilipino] will do, I can only answer for myself and my answer is I am running for president.” ■

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Reported hate crimes in LA County rise...

PAGE A1 reported hate crimes, coinciding with what the community already knew: misinformation and misrepresentation of the coronavirus pandemic rehashed xenophobic attitudes toward AAPIs. AAPIs make up 15% of the county and were targeted in 11% of the reported racial hate crimes. In 23% of crimes, suspects blamed the victims for COVID-19. In 34% of crimes anti-Chinese language and slurs were used, and in 25% of crimes anti-immigrant, or xenophobic, slurs were used.

The county’s report finds that hate crimes against other communities, namely the Black and Latino communities, exceeded the reports involving AAPI victims.

While annual hate crime reports conducted by jurisdictions and law enforcement provide perspective on crime trends, it’s worth noting that they don’t provide a very clear picture.

Hate incidents and hate crimes are notoriously underreported, according to reports from the

U.S. Department of Justice, which issued a Bureau of Justice Statistics National Crime Victimization Survey in 2015 that detailed common reasons why people do not report hate incidents to the police.

According to that survey, respondents felt that the incident was too unimportant to warrant a report, they believed the police wouldn’t do much to help, police wouldn’t be inclined to get involved, and reporting the incident would bring more harm to the victim.

Asians and Asian Americans are among the least likely to report hate crimes (and other crimes) to the police. Broadly, experts say that the community is less inclined to bring unwanted attention to their families, many members of whom are immigrants.

D.J. Ida, executive director of National AAPI Mental Health Association told NBC News earlier this year, “From a psychological standpoint, sometimes we don't want to talk about the problems because, and I see this in younger people

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Medicare’s open enrollment is open season for scammers

by SuSAn JAFFe Kaiser Health News

FINDING the best private Medicare drug or medical insurance plan among dozens of choices is tough enough without throwing misleading sales tactics into the mix.

Yet federal officials say complaints are rising from seniors tricked into buying policies — without their consent or lured by questionable information — that may not cover their drugs or include their doctors. In response, the Centers for Medicare & Medicaid Services has threatened to penalize private insurance companies selling Medicare Advantage and drug plans if they or agents working on their behalf mislead consumers.

The agency has also revised rules making it easier for beneficiaries to escape plans they didn’t sign up for or enrolled in only to discover promised benefits didn’t exist or they couldn’t see their providers.

The problems are especially prevalent during Medicare’s open-enrollment period, which began Oct. 15 and runs through Dec. 7. A common trap begins with a phone call like the one Linda Heimer, an Iowa resident, received in October. She won’t answer the phone unless her caller ID displays a number she recognizes, but this call showed the number of the hospital where her doctor works.

The person on the phone

said she needed Heimer’s Medicare number to make sure it was correct for the new card she would receive. When Heimer hesitated, the woman said, “We’re not asking for a Social Security number or bank numbers or anything like that. This is OK.” “I can’t believe this, but I gave her my card number,” said Heimer. Then the caller asked questions about her medical history and offered to send her a saliva test “absolutely free.” That’s when Heimer became suspicious and hung up. She contacted the 1-800-MEDICARE helpline to get a new Medicare number and called the AARP Fraud Watch Network Helpline and the Federal Trade Commission.

But later that morning the phone rang again and this time the caller ID displayed a number matching the toll-free Medicare helpline. When she answered, she recognized the voice of the same woman.

“You’re not from Medicare,” Heimer told her.

“Yes, yes, yes, we are,” the woman insisted. Heimer hung up again.

It’s been only two weeks since Heimer disclosed her Medicare number to a stranger and, so far, nothing’s gone wrong. But armed with that number, scammers could bill Medicare for services and medical supplies that beneficiaries never receive, and the scammers could sign seniors

up for a Medicare Advantage or drug plan without their knowledge.

In California, reports of deceptive sales practices for Medicare Advantage and drug plans have been the top complaints to the state Senior Medicare Patrol for the past two years, said Sandy Morales, a case manager for the group.

The patrol is a federally funded program that helps seniors untangle insurance problems.

Nationwide, the Senior Medical Patrol has sent 74% more cases in the first nine months of this year than in all of 2020 to CMS and the Health and Human Services Inspector General for investigation, said Rebecca Kinney, director of the Administration for Community Living’s Office of Healthcare Information and Counseling at HHS, which oversees the patrols.

She expects more complaints to come in during Medicare’s open-enrollment period.

And last month, CMS officials warned the private insurance companies selling Medicare Advantage and drug plans that federal requirements prohibit deceptive sales practices.

Kathryn Coleman, director of CMS’ Medicare Drug and Health Plan Contract Administration Group, said in a memo to insurers that the agency is concerned about ads widely promoting Advantage plan benefits that are

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A5

Reported hate crimes in LA County rise...

PAGE A4 who were immigrants or children of immigrants, their parents had worked so hard for them. They don't want to burden their parents. Because it's a sense of gratitude and it's very, very powerful.”

Earlier this year, the prominent policy and research nonprofit AAPI Data found that while a quarter of Asian Americans said they’ve experienced at least one anti-Asian hate incident, only about 30% say they were “very comfortable” reporting hate crimes to law enforcement.

Attitudes toward law enforcement, in general, have wavered, especially over the last decade following patterns of aggression and violence on unarmed people, especially people of color, by police officers that are routinely captured on video.

But understanding the ways in which different communities experience racism and bigotry shouldn’t be viewed as an “oppression Olympics” but more so as different manifestations of the same problem.

Karthick Ramakrishnan, founder of AAPI Data, said ear-

lier this year that “[t]he kinds of stereotypes and the kinds of discrimination that black people face [are] different, and in some cases more severe. When you're talking about housing discrimination, as well as discrimination by police, it's much higher for black people than it is for Asians.

He added, “But I think when it comes to these hate incidents, it seems that there's a greater similarity in the frequency of hate incidents, even though the exact nature of those hate incidents might vary.” ■

Medicare’s open enrollment is open season...

PAGE A4

available only in a limited area or to a restricted number of beneficiaries. CMS has also received complaints about sales information that could be construed as coming from the government and pressure tactics to get seniors to enroll, she noted.

Coleman reminded the companies they are “accountable and responsible for their marketing materials and activities, including marketing completed on a MA plan’s behalf” by sales representatives. Companies that violate federal marketing rules can be fined and/ or face enrollment suspensions. But a CMS spokesperson could not provide examples of recent violators or their penalties.

If beneficiaries discover a problem before March 31, the date the three-month disenrollment period ends each year, they have one chance to switch to another plan or to original Medicare. (Those who choose the latter may be unable to buy supplemental or Medigap insurance, with rare exceptions, in all but four states: Connecticut, Maine, Massachusetts and New York.)

After March, they are generally locked into their Advantage or drug plans for the entire year unless they’re eligible for one of the rare exceptions to the rule.

CMS this year spelled out another remedy for the first time.

Officials can grant a “special enrollment period” for people who want to leave their plan because of deceptive sales

tactics. These include “situations in which a beneficiary provides a verbal or written allegation that his or her enrollment in a MA or Part D plan was based upon misleading or incorrect information … [or] where a beneficiary states that he or she was enrolled into a plan without his or her knowledge,” according to the Medicare Managed Care Manual.

“This is a really important safety valve for beneficiaries that clearly goes beyond just the limited opportunity to switch plans when someone feels buyer’s remorse,” said David Lipschutz, associate director of the Center for Medicare Advocacy. To use the new option, beneficiaries should contact their state’s health insurance assistance program at www.shiphelp.org/.

The option to leave is also available if a significant number of plan members are unable to access the doctors or hospitals that were supposed to be in the provider network.

Nonetheless, the scams continue around the country, experts say.

A misleading television commercial in the San Francisco area has enticed seniors with a host of new benefits including dental, vision, transportation benefits and even “money back into your Social Security account,” said Morales. Beneficiaries have told her group that when they called for information they were “erroneously enrolled into a plan that they never gave permission to enroll into,” she said.

In August, an Ohio senior received a call from someone

telling him Medicare was issuing new cards because of the covid-19 pandemic. When he wouldn’t provide his Medicare number, the caller became angry and the beneficiary felt threatened, said Chris Reeg, director of the Ohio Senior Health Insurance Information Program.

Reeg said another senior received a call from a salesperson with bad news: She wasn’t getting all the benefits from Medicare she was entitled to.

The beneficiary provided her Medicare number and other information but didn’t realize the caller was enrolling her in a Medicare Advantage plan.

She found out when she visited her doctor, who did not accept her new insurance.

In western New York, the culprit is an official-looking postcard, said Beth Nelson, the state’s Senior Medicare Patrol director. “Our records indicate … you may be eligible to receive additional benefits,” it says, enticingly. When Nelson’s client called the number on the card in September for more details, she provided her Medicare number and later ended up in a Medicare Advantage plan without her consent.

Heimer’s scammer was persistent. When the stranger tried to reach her a third time, Heimer said, the caller ID displayed the phone number of another local hospital.

She told the woman she had reported the calls to CMS, the AARP Fraud Watch Network Helpline and the FTC. That finally did the trick — the woman abruptly hung up. ■

Graduate student representative Alex Mabanta talks to students, faculty and members of the Pilipinx community and their supporters on the urgency of condemning the display, and urged the library to acknowledge and apologize for the harm that the display has caused.

AJPress photo by Joseph L. Peralta

UC Berkeley’s Pilipinx community stages...

PAGE A3 course, our ask is for the main library, Doe Library, here at UC Berkeley, to commit to its racial justice statement and to provide the kind of representations of the Philippines in [inaudible]…

We hope that the library will continue to invest in public education,” Mabanta revealed, even as he added the hope that the university will return or repatriate materials and artifacts stolen, including human remains, from the Philippines during the American colonial period.

When asked if some quarters may think that the display is just a piece of UC Berkeley history that can be seen for what it is, Mabanta said that such a small exhibit like this only serves to promote hurt within the Filipino American community.

“There are so many slogans like ‘history is written by the victors’ and ‘if you’re not on the table, you’re on the menu’… I think this is a living testament that the Pilipinx community continues to see itself subordinated with white supremacy

depictions about them. And so what’s important is to encourage folks to come learn how the Philippines is represented to the global public and hopefully seed to the young people to think about – what is history, what history would you like to tell, how can the narratives of the many people in the Pilipinx community be told, and how can we advance that work. This particular display indicates that we must invest in Philippine history in Filipino American History Month,” Mabanta said. ■

California health chief touts COVID vaccine as...

PAGE A3 complete picture to make a determination.

“The truth is we’re talking about protecting young people and all Californians with the COVID vaccine, versus allowing people to get infected. And we know that even if you don’t have the worst consequences of hospitalization or dying from COVID, there are still are longterm repercussions we’re learning about. “ The aim is to provide global protection for younger people, Ghaly shared. Getting vaccinated has its risks, he conceded, but cautioned that anyone without vaccination will likely get infected because of the high transmissibility of the coronavirus.

On the theory that COVID 19 is a covert national experiment, Ghaly pointed to the 70,000 fatalities in California triggering the search for a “miracle for almost two years” for which the vaccine is the answer.

To those fearful of side effects promoted widely on social media, Ghaly attested to “headaches and low-grade fever” among those that turned up in trials “which should be no reason not to be vaccinated.”

He admitted that myocarditis questions answered to gain the or the inflammation of the heart confidence that the vaccine “is muscle, and periocarditis or the the right way to go.” ■ inflammation of the outer lining of the heart, have been seen in teens but none in the 5 to 11 age bracket, perhaps “due to the lower dose.”

“We take those cases seriously,” he responded to the question. Those effects were “indicated, investigated and exposed” in some teen incidences out of millions and “often resolved with minimal intervention.”

Children may get the flu and COVID shots together, with the same side-effects such as headThe Southern California Reaches or low-grade fever, he said. gional Rail Authority (SCRRA) Ghaly’s main point was the is seeking quotes for coolant vaccine is the “safest, most effecand gearbox oil for its locomotive and successful vax seen in tive fleet. Bid documents may modern medicine.” be obtained at https://metro“Young people who get inlinktrains.com/doing-business fected often have many more (free registration). Electronic significant out-turns than those Bids are due at 2:00 p.m. (PT) who get vaccinated,” he said. In on November 29, 2021 short, the long-term consequencFor further information cones of not getting vaccinated far tact: Jason Leyva, Contract outweigh the impact of potential Specialist at LeyvaJ@scrra. side effects. net.

He encouraged parents and families to reach out to their trust11/13/21 ed sources or authorities they ofCNS-3528845# ten turn to – whether a provider or ASIAN JOURNAL (L.A.) the faith community – to get their

SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY RFQ NO. PO883-22 LOCOMOTIVE COOLANT AND GEARBOX OIL

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OPINION

Higher deployment cap

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FEATURES

WITH the pandemic easing, the government will allow an additional 4,000 nurses and other healthcare workers to be deployed overseas in 2022. This will bring the number of HCWs allowed to find jobs abroad next year to 10,500, according to the Department of Labor and Employment.

DOLE officials, however, said the higher cap would push through only if the country produces 12,000 registered nurses this year. So far, over 5,000 nursing graduates have passed the licensure exam this year, with another 12,300 applying to take the test this month.

The country still faces a shortage of 48,000 HCWs, which the DOLE describes as a “critical” situation. But the government realizes that not even the worst public health crisis in a century can compel many HCWs to work in their own land.

Because of low pay that HCWs lament is not commensurate to the workload and risks, nursing groups estimate that even before the pandemic, about 250,000 nurses preferred not to work.

With COVID-19, the complaints about

low pay were aggravated by the high risk of catching the virus and infecting their household members. With the two COVID surges this year, even top private hospitals reported losing a significant number of nurses and other HCWs. Similar risks are present in other countries, but affluent economies can afford to pay so much more than what HCWs can get in the Philippines. The government cannot stop people from seeking greener pastures, especially if the work carries the risk of illness and even death. If the country wants to hold on to its healthcare workers, they need better compensation and incentives that are commensurate with the job.

(Philstar.com)

Editorial

The Fil-Am Perspective GEL SANTOS-RELOS PRESIDENT Joe Biden has made defeating COVID-19 his top priority to win the war against the coronavirus pandemic in order to save lives and rebuild our nation together. Despite pushback from Republicans and the unfortunate disinformation campaign from people and groups with different agenda, We, the People are winning the war with the choices we make.

A recent Monmouth University Poll conducted on November 4-8 reveals: “Despite intense protests at board of education meetings, COVID vaccine and mask mandates in the nation’s schools remain popular with a majority of Americans. The poll finds 61% of the public supports requiring face masks to be worn in schools by students, teachers, and staff.”

Support levels for school-based vaccine mandates remain stable for both teachers and staff at 59%; students ages 12 and older

Poll: A majority of Americans support COVID vaccine, mask mandate at 53%.

Among parents, 60% support school mask mandates and 52% support teacher vaccine mandates, but just 40% support vaccine mandates for older students.

According to the study, “these numbers have not changed by more than two percentage points since Monmouth’s September poll. The current poll also finds less than half (44%) of the public – and just 34% of parents – supports requiring vaccines for students in the newly eligible 5 to 11 age group.”

The Monmouth University Poll also finds stable support for vaccine requirements for health care workers and air travel but declining support for requiring proof of vaccination to eat in a restaurant: For healthcare workers: 61% For schoolteachers: 59% To fly on a plane: 57% School children age 12+: 53% To work in an office setting:

Postscript

FEDERICO D. PASCUAL JR. THE withdrawal by Davao Mayor Sara Duterte of her reelection bid to aim higher was widely expected, but when she announced it Tuesday, November 9 on social media it still sent viral waves stirring up the political pandemia afflicting the country.

Que sera, Sara? Is her withdrawal before the Nov. 15 deadline for party substitutions the signal for the launching soon of a Duterte-Marcos (or a Marcos-Duterte) tandem vying for the two top positions in the 2022 national elections?

Sara, 53, confirmed that her younger brother Baste, who was seeking reelection as Davao vice mayor, would now run for mayor in her stead, and councilor Melchor Quitain would replace Baste as vice mayoral bet, all of them under the Hugpong ng Pagbabago party.

The next scenario in the unfolding sarsuela could show Sara aiming for the presidency, or the vice presidency, in tandem with Ferdinand Marcos Jr., 64, the standard-bearer of Partido Federal ng Pilipinas, who is on a campaign to recapture the Palace lost by their family in 1986.

Whether the final configuration would be a Marcos-Duterte or a Duterte-Marcos tandem, it would be a formidable force propelled

by Duterte’s command votes and

Philstar.com photo

51% School children 5-11: 44% To dine in a restaurant: 39%.

This is very encouraging to see how more and more people in America are now getting it — how important it is to believe in facts and science, and how abiding in safety measures truly save lives and help us get back to normalcy faster.

The Monmouth University Poll pointed out: “Concerns about contracting COVID have declined slightly after swinging upward earlier in the fall as the Delta variant spread. Currently, 1 in 3 (34%) American adults are very concerned about a family member becoming seriously ill from the coronavirus. This number is down from 45% in September, which was a jump from the pandemic-era low of 23% recorded in June. The high point for this metric was 60% in January.”

The sense of empowerment

we now feel especially after the threat of the Delta variant comes with our being vaccinated. The report further stated: “Currently, 80% of adults report having received at least one dose of COVID vaccine. About half have either gotten a booster shot (10%) or are very likely to get one (41%).

This combined number is practically identical to 52% in September who said they would be very likely to get a booster shot if it became available.”

This is reenforced by the fact that fully vaccinated people who also follow public health safety measures like wearing mask and social distancing especially in enclosed spaces are now able to enjoy doing many of the things and activities we enjoy pre-pandemic safely for ourselves and for vulnerable people of society.

However, there are still “pasaway” who fail to think beyond their “own rights and liberties” for

the greater good. The Monmouth report stated: “13% of the public – about 3 in 4 of whom identify with or lean toward the Republican Party – remains opposed to getting the vaccine at all.”

This positive development gets a thumbs-up from a majority of Americans (53%) who continue to say President Biden has done a good job handling the pandemic.

The report says this is similar to his 52% positive rating on COVID in September.

However, recent polls show a slipping approval rating for Biden.

Many polls find that Biden’s policies and programs have higher ratings than President Biden himself! But that will be discussed in another edition of this column.

But for now, let us acknowledge that we still have work to do, especially as the holiday season draws near. We want to be able to celebrate the season safely with people we love better this year than last year.

Let us continue to do our share so we can defeat COVID-19 together by getting fully vaccinated plus getting the booster shot, wearing masks, observing social distancing especially in enclosed spaces, and avoiding crowds.

Let us also urge our families and friends to do the same. As I always say, we are all in this together! We can do this. Cheers! *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.

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

Que sera, Sara… What will be will be

Marcos’ bulging war chest.

In Antipolo on the same day, Sen. Bong Go, vice presidential nominee of the Duterte wing of the PDP-Laban Party, told a crowd to expect a shuffling of candidates including himself, hinting of instructions of “our beloved President.”

Duterte himself was saying in July and August that he would run for vice president to continue enjoying immunity from lawsuits.

Last month, however, he brought in Go to replace him for VP and announced he was retiring from active politics.

Last-minute substitutions, a hallmark of Duterte election tactics, could involve Marcos, who is still looking for a VP partner and a senatorial ticket.

But tricky legal details could ruin the best of plans. For one, Marcos’ certificate of candidacy is being questioned before the Commission on Elections on the ground that he lied in his COC sworn declaration that he has no criminal convictions.

In 1995, Marcos was convicted on four counts of violating the Tax Code which carried, among the penalties, perpetual disqualification from holding public office. He appealed his conviction all the way to the Supreme Court, which only affirmed the guilty verdict with finality.

If Marcos’ COC is canceled, the net effect is as if there was no COC to begin with. This will preclude any substitution, which can be allowed only if based on a

valid COC on file.

As for Sara, if she runs under PDP-Laban and replaces either Go for vice president or Sen. Bato dela Rosa for president, and Comelec approves the substitution, that would in effect recognize the Duterte wing of PDP-Laban over the original wing led by Sen. Koko Pimentel.

Maybe Pimentel should file an urgent motion for Comelec to hold in abeyance any substitution of party nominees because that would prejudge the PDP-Laban wrangling in favor of the Duterte faction.

With six of the seven Comelec members being Duterte appointees, a decision favoring the Duterte camp may not look good for the poll body overseeing elections where the President’s daughter and the son of the late dictator Marcos could be running in tandem.

On the other hand, if Comelec recognizes the Pimentel wing, Sara cannot replace Go or Bato as they would then be considered independent candidates who cannot be substituted – unless Pimentel abandons Sen. Manny Pacquiao, their party’s presidential nominee.

We have just four days before the Monday, November 15 deadline for substituting candidates. Whoever loses in the petition for the Comelec to deny or cancel Marcos’ COC is expected to go to the Supreme Court.

Further delay in resolving the

status of Marcos’ COC would make smaller the space-time framework within which Duterte and Marcos partisans are operating. One way out of the box is for Duterte’s friends in the Comelec to come to his aid. Will they, with everybody watching?

Clark may go waterless unless…

While we’re engrossed in the political teleserye playing in the media, more than 1,100 locators who keep the Clark Freeport in Pampanga productive face the prospect of their water supply cut off by the government agency monitoring their water consumption and disposal.

The locators use 35,000-plus cubic meters per day drawn by the concessionaire Clark Water Corp. from underground and processed before distribution, with the wastewater treated by CWC before its release into a nearby river.

The problem arose when the Environment Management Board for Region 3 reportedly told CWC its wastewater treatment was inadequate and should be replaced, suggesting a Modified Sequencing Batch Reactor (MSBR) – with a P880million tag although it isn’t goldplated!

If it does not install that type, CWC’s license could be withdrawn daw – leaving Clark waterless. The threat was almost garbled by ugly static that a group from down South (your guess as to who they are is as good as mine) was reportedly

Davao Mayor Sara Duterte-Carpio

pushing for the new equipment.

The water concessionaire insists it has improved its wastewater treatment and asked for more time to do more, but improvements it made were apparently found unsatisfactory.

So CWC was given 15 more days from its receipt on Nov. 10 of a deadline extension to upgrade its wastewater treatment to satisfactory levels or its license would be withdrawn.

Our guess is that CWC’s

Inquirer.net file photo

wastewater treatment will remain “unsatisfactory” until it buys – without public bidding – the sparkling new equipment as suggested. (Philstar.com) *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.

*** NB: All Postscripts are also archived at ManilaMail.com. Author is on Twitter as @

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Dateline PhiliPPines

PSA eyes national ID listup for Filipinos abroad after May 2022 polls

by Ben

O. de Vera Inquirer.net

MANILA — The Philippine Statistics Authority (PSA) is looking at the possibility of starting registration for the Philippine ID (PhilID) among Filipinos living and working abroad after the national elections in May next year.

Deputy National Statistician and Assistant Secretary Rosalinda Bautista told an online forum on Friday (Nov. 12) that the PSA and the Department of Foreign Affairs (DFA) will pilot the Philippine Identification System (PhilSys) registration in some select areas overseas.

“We have to register everyone — all Filipinos, dual citizens are part of PhilSys,” Bautista said.

Similar to the ongoing PhilSys registration in the country, Bautista said overseas registration will have the same three steps—online collection of demographic information and appointment setting; biometric capture at registration centers; and issuance of PhilID and unique PhilSys Numbers (PSNs).

“Unfortunately, the cost of registering them when they are abroad is much more expensive than the registration of Filipinos when you are in the Philippines,” Bautista said While the PSA was working out with the DFA for the possible use

of consular offices as registration centers, Bautista noted that not all countries abroad have Philippine consulates or embassies. “Access is the most difficult.”

Bautista said the first step of online registration will be retained for overseas Filipinos to know where they were located then assign which consular offices they were nearest for the second step which entailed physical collection of biometric data.

In their ongoing discussions with the PSA, the DFA already pitched the use of caravans or registration centers in shopping malls which Filipinos abroad usually visit as alternatives to smaller and cramped consular offices, Bautista said.

“Or we can also have registration of overseas Filipinos when they come home to the Philippines to visit, for vacation, so that the cost of registration will not be as much as when they are abroad,” she added.

The PSA will also roll out a mobile app for PhilSys. “The mobile app will enable registered users to verify their identity even without the physical card and transact with public and private sectors online, aside from the array of online services that we intend to include in the app,” Bautista said.

Bautista said the app will serve

as a mobile ID. “That will facilitate earlier availment of benefits of having a PhilID even if you don’t have the physical card with you.”

She said the PSA was developing the app with PhilSys’ systems integrator but they were also open to third-party developers.

The PSA in 2020 awarded the P2.2-billion systems integrator contract to the joint venture of Megadata Corp. and Indian firm Madras Security Printers Private Ltd., which outbid at least 56 other firms that expressed interest.

National Statistician Dennis Mapa earlier said that the systems integrator was a crucial component of PhilSys as it “will serve as the link to ensure the seamless interconnection of all components of the PhilSys and will serve as the ‘glue’ that will bind all separately procured components into an end-to-end solution.”

Also, Bautista said the PSA was in ongoing talks with government agencies and private businesses to establish PhilIDs as proof of identity for transactions.

To date, over 41 million Filipinos registered with PhilSys to obtain their PhilIDs. The government targets to register 50 million Filipinos by this year’s end.

A total of nearly 3.3 million PhilID cards have already been delivered to registrants so far. n

PLASTIC BARRIERS. Plastic barriers are still placed inside a modern jeepney that travels from Bagong Silang, Caloocan City to Robinson Mall on Quirino Highway, Quezon City, and vice versa. According to the passengers, they are still willing to have plastic barriers to still avoid being infected with the COVID-19 virus.

PNA photo by Ben Briones

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Comelec asks Congress to review law against premature campaigning

by WILLIaM

dePaSUPIL ManilaTimes.net

CINEMA INSPECTION. Metropolitan Manila Development Authority Chairman Benhur Abalos (right) and Mayor Lino Cayetano (left) inspect and attend a special movie screening at Cinema 1, 3rd Floor, Central Square, 30th Bonifacio High Street, BGC, Taguig City, on Wednesday, November 11.

The inspection was to see the safety measures undertaken by the cinema operators amid the COVID-19 pandemic.

PNA photo by Avito Dalan

PH fails to get US grant due to low mark in corruption fight

by Ben

O. de Vera Inquirer.net

MANILA — The Philippines again failed to qualify for a grant from the American aid agency Millennium Challenge Corp. (MCC) due to its failing mark in the “control of corruption” requirement.

However, two other multilateral lenders have agreed to provide $500 million to the Philippines to add to the government’s budget to buy boosters and additional COVID-19 shots for children under its expanded vaccination program for 2022.

The country’s red mark in the must-pass control of corruption requirement disqualified the country from grants to be extended by MCC next year.

The Philippine scorecard for fiscal year 2022 showed that, similar to its 2021 results released last year, the country passed 12 of the 20 indicators: fiscal policy, inflation, regulatory quality, trade policy, gender in the economy, and land rights and access (in the area of “economic freedom”); political rights, civil liberties and government effectiveness (in “ruling justly”); and natural resource protection, girls’ secondary education enrollment rate and child health (in “investing in people”).

However, the Philippines’ scores in access to credit and business startup (in economic freedom), control of corruption, rule of law, and freedom of information (in ruling justly), as well as health expenditures, primary education expenditures, and immunization rates (in investing in people) remained in the red.

‘Hard hurdles’ The scores in control of corruption and rule of law were based on the World Bank and Brookings Institution’s latest Worldwide Governance Indicators.

“To be eligible to receive MCC funding, countries must pass at least 10 of our 20 indicators, as well as both categories that MCC considers ‘hard hurdles’ for eligibility—the political rights or civil liberties indicator, and the control of corruption indicator,” the MCC said in a Nov. 9 statement.

The MCC noted in its Philippines scorecard that while the country failed in the control of corruption category, it passed more than half of the indicators and got a green mark in democratic rights (political rights and civil liberties).

Out of the 81 countries that the MCC shortlisted for a possible 2022 grant, only 28 eventually hurdled the scorecard.

The Philippines’ first MCC grant of $434 million was extended in 2011 and covered three projects that built roads, reformed revenue administration, and supported the delivery of social services to the poor.

But in 2016, MCC deferred a new grant for the Philippines after the country became “subject to a further review of concerns around rule of law and civil liberties” under then US President Barack Obama, who had been critical of President Duterte’s war on drugs.

Pandemic response Meanwhile, a document from the Asian Infrastructure Investment Bank (AIIB) released on Wednesday showed that the Beijing-based lender would lend

$250 million and the Manilabased Asian Development Bank (ADB) would co-finance $250 million of the $500-million loan to the Philippines.

The government will shoulder the balance of $53.66 million of the $553.66-million total cost of the project called Health System Enhancement to Address and Limit COVID-19.

“The project will provide critically needed vaccines to assist the government of the Philippines in mitigating (through vaccination) the adverse health, social and economic impacts caused by the COVID-19 pandemic,” AIIB said.

AIIB’s financing is expected to be approved this fourth quarter of 2021.

The forthcoming AIIB and ADB loans will add to the $300-million World Bank loan also for additional vaccines and boosters that is expected to be approved by the Washington-based lender next month.

The government plans to borrow a total of $900 million to buy booster and pediatric shots.

The Department of Health (DOH) will implement the project.

AIIB said the newest loan would be supported by its COVID-19 crisis recovery facility, which was also the source of the $300-million credit extended to the Philippines in March, the bank’s firstever loan for vaccine procurement among its member-countries.

AIIB and ADB lent $700 million early this year to the Philippines to buy COVID-19 vaccines. The lenders directly paid manufacturers for the shots that the government ordered. ■

THE Commission on Elections (Comelec) is the most powerful government agency on matters pertaining to the conduct of elections but a void in the law has rendered the poll body a lame duck against candidates who engage in premature campaigning.

Comelec spokesman James Jimenez disclosed on Thursday, November 11 that the poll body has recommended to Congress to come out with a law reverting back to the old rules that one is considered an official candidate upon filing of a certificate of candidacy (CoC), which only allowed candidates to engage in partisan political activities at the start of the campaign season.

Specifically, Jimenez pointed out, the Comelec has recommended to Congress “to change the [current] definition of official candidate to the old definition.”

Jimenez said that the call is

really on Congress in order to come up with a law that would spell out with clarity which actions are allowed from the filing of CoCs to the election period and which activities should not be allowed.

“There is a void in the law,” Jimenez said.

Under the present circumstances, Jimenez further said, premature campaigning in the guise of providing aid to voters is the call of the times which, he pointed out, is tantamount to vote buying and illegal per se.

The problem with premature campaigning cropped up in 2010 after the Supreme Court reversed its decision in the Penera vs. Comelec case where it disqualified Sta. Monica, Surigao del Norte Mayor Rosalinda Penera as candidate in the 2007 local elections for violation of Section 80 of the Omnibus Election Code which prohibits premature campaigning.

With the reversal, the Supreme Court effectively nulli-

fied Section 80 of the Omnibus Election Code, and rendered it not applicable in the 2010 automated elections.

Section 80 states that “it shall be unlawful for any person, whether or not a voter or candidate...to engage in an election campaign or partisan political activity, except during the campaign period.”

The decision on the Penera case, which prohibits nothing, has prompted the Comelec since 2010 to come up with a law that would regulate political activities from the filing of CoC and the election period.

Technically, the Comelec pointed out that under the high tribunal’s decision on the Penera case, candidates are only covered by prohibitive campaign activities during the campaign period but before that it’s essentially a fair game.

Jimenez said that a regulatory law would level the playing field between those with a lot of resources and those who don’t have much. ■

Investigate Malampaya stakes sale – groups by anna LeaH

e. GOnZaLeS ManilaTimes.net

A NUMBER of business groups on Wednesday, November 10 urged the government to investigate the recent sale of shares of members of the Malampaya consortium.

The collective petition was made by the Energy Lawyers Association of the Philippines, Financial Executives Institute of the Philippines, Filipinas CEO Circle, Integrity Initiative Inc., Investment Houses Association of the Philippines, Makati Business Club, Philippine Women’s Economic Network and Women’s Business Council Philippines.

“We urge the Senate and the concerned agencies and groups to fully explore why the government did not exercise its right of first refusal over Chevron’s and Shell’s shares in Malampaya,” they said in a statement.

“By failing to do so, the government may have given up tens of billions of pesos at a time when the government needs money more than ever and more importantly has put

the country’s energy and national security at risk,” they added.

The sale of Chevron’s 45 percent stake in the Malampaya gas project to the Udenna group was earlier questioned

by Sen. Sherwin Gatchalian, chairman of the Senate Committee on Energy.

The $4.5-billion Malampaya gas project in Palawan supplies about 20 percent of the country’s electricity requirements.

Shell Philippines Exploration BV (SPEX), the operator of the gas facility, divested its 45-percent stake in the Malampaya gas project to Udenna unit Malampaya Energy XP Pte Ltd. Chevron Philippines subsidiary Chevron Malampaya LLC sold its 45-percent interest in the Malampaya gas field to UC Malampaya. Chevron Malampaya was later renamed to UC38 LLC. “We understand that, especially at this time, the government may have reservations about purchasing and paying

cash for the Chevron and Shell shares even if it knows these will be offset by future revenue.

We urge the Senate and concerned agencies and groups to fully explore if the government could easily get financing for such a purchase, as was done by the private purchaser, given Malampaya’s stable and highly guaranteed revenue stream,” the groups said.

They also urged lawmakers to determine why the government failed to award a license whether for extension or to a new consortium.

“From an energy security standpoint, the delay may be a breach of fiduciary duty given that the existing wells are expected to be depleted by 2025, and the estimated 5 years needed to explore and develop additional wells.”

“We urge them to more fully explore the government’s reasoning for allowing the sale of a critical energy asset to a group with, at the time of the bid, no experience or track record in gas exploration or production,” they added. ■

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LifestyLe Consumer Guide Community marketpLaCe

Naturalizing with an undocumented spouse Immigration Corner Atty. MichAel Gurfinkel, eSQ DEAR Atty. Gurfinkel: I have been a green card holder for over 5 years, paid my taxes, committed no crimes, and am eligible to apply for U.S. citizenship.

However, my spouse is out of status.

(He entered as a tourist and overstayed). I reviewed the naturalization application, Form N-400, and there are many questions about my spouse. ’m afraid that if I apply for U.S. citizenship, and I disclose the information about my spouse’s status, they could go after him and put him in deportation.

What should I do?

Very truly yours, LK Dear LK: Many immigrants/green card holders are married to undocumented immigrants or someone who is out of status. Of course, they would like to petition and legalize the immigration status of their spouse. However, if they petition the spouse while they are a green card holder, ordinarily, the undocumented spouse would not be eligible to apply for a green card in the U.S. Instead, they would have to return to their home country on a provisional waiver and apply

for their immigrant visa there.

However, in many cases, if a U.S. citizen petitions an undocumented spouse, that spouse could be eligible to apply for a green card (or adjust status) in the U.S. Please note: There are some cases where even marriage to a U.S. citizen would not enable an undocumented person to adjust status in the U.S. This would include crewman/ jump ship without section 245(i); those who entered the U.S. without inspection (EWI or snuck across the border) without section 245(i); and those who entered on a K-1 fiancé visa but did not marry the K-1 petitioner and instead married someone else.

Therefore, in your case, I can understand it would be very important for you to be able to naturalize to enable your undocumented spouse to apply for a green card (or adjust status) in the U.S. In my opinion, the benefits of applying for naturalization outweigh the possible risks to your undocumented spouse. I have yet to come across a case where someone “endangered” their undocumented spouse by applying for naturalization.

I remember in one case, my client was being interviewed for naturalization, while her undocumented spouse was waiting in the parking lot of the federal building where the interview took place. The officer did not question or focus on the undocumented spouse.

Just recently, a client was

interviewed for naturalization and the officer did ask her about her husband’s immigration status, entry into the U.S., and his working in the U.S. She truthfully responded that the husband had entered the U.S. on a valid visa and was out of status. After approving her naturalization, the officer himself told her she could now file a petition for her husband and he could adjust status in the U.S. (Coincidentally, we had already advised our client of this fact, which was the main reason she was applying for naturalization, and she had already signed up to petition him, once she took her oath of citizenship.)

If you are eligible for U.S. citizenship and hope to petition an undocumented spouse, or if you have any other questions or concerns about eligibility, risks, chances, etc., I would recommend you consult with an attorney who can evaluate your situation and represent you. While that would not “guarantee” results, it could greatly increase your chances for success. *** Michael J. Gurfinkel has been an attorney for over 40 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,”

BANNED FOR LIFE NO MORE, THIS SUNDAY ON CITIZEN PINOY. Joyce (center) petitioned her fiancé, Ronald (left), in 2006. However, while the K-1 petition was approved in 2007, his visa was denied due to Ronald’s admitting to drug use to the doctors at St. Luke’s. He was then banned for life from entering the U.S. In 2011, leading U.S. Immigration Attorney Michael J. Gurfinkel (right) was able to convince the U.S. Embassy in Manila to change their policy, and they agreed they would not ban people for life if the only “evidence” is the person admitting drug use to the doctors at St. Luke’s. In 2016, MJG was able to clear Ronald’s name, and Ronald’s immigrant visa was issued.

Watch this success story on a brand-new episode of “Citizen Pinoy” this Sunday, November 14 at 6:30 PM PT (9:30 PM ET) through select Cable/Satellite providers, right after TV Patrol Linggo.

(Advertising Supplement)

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 consultation for anywhere in the US: 1-866-487-3465 reader.

(866) – GURFINKEL WEBSITE: www.gurfinkel.com Four offices to serve you: Follow us on Facebook.com/ GurfinkelLaw, YouTube: US Immigration LOS ANGELES ∙ SAN FRANCISCO ∙ NEW TV and Instagram.com/gurfinkellaw YORK ∙ PHILIPPINES Call Toll free to schedule a (Advertising Supplement)

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Lifetime ban for admitting SFIO to invest US$100M to develop land into a resort-like condotel drug use lifted this Sunday on Citizen Pinoy property in Batangas City, Philippines RONALD was petitioned as Joyce’s fiancé in 2006. While the K-1 petition was approved, his visa was denied after Ronald admitted to the doctors at St. Luke’s that he tried drugs many years ago.

Because of that admission, he was banned for life.

In 2008, Joyce and Ronald got married, hoping that this would get a positive result. However, the same policy was still in place and his visa was again refused.

Fortunately, in 2011, leading U.S. Immigration Attorney Michael J. Gurfinkel was able to convince the U.S. Embassy in Manila to reverse their policy of a lifetime ban if the only “evidence”

was the person admitting drug use to St. Luke’s doctors.

In 2015, Joyce consulted again with Atty.

Gurfinkel, and he was able to clear Ronald’s name and the visa was issued. Finally, Ronald and Joyce were able to spend their first Christmas in the U.S. as a married couple.

Watch this success story on a brandnew episode of “Citizen Pinoy” this Sunday, November 14 at 6:30 PM PT (9:30 PM ET thru select Cable/Satellite providers), right after TV Patrol Linggo. Citizen Pinoy is also available on iWantTFC. Viewers may download the app for free.

(Advertising Supplement)

SFIO has recently been named one of the “20 Promising Companies Everyone Should Know in 2021” by Global Business Leader Magazine.

The joint venture project with Omnicor Industrial Estate & Realty Center Inc. has proven that it is worthy to be listed in one of the 20 promising companies.

Omnicor Industrial Estate & Realty is a subsidiary of AbaCore Capital Holdings, a public listed company in the Philippines, plans to contribute land by the bay of Batangas where SFIO will develop the land into a resort with 500 units condotel owned by AbaCore Capital and PRIDE in Batangas City’s Montemaria.

Omnicor Industrial Estate & Realty Center Inc. is a corporation 100% owned Philippines Regional Investment Development Corporation (PRIDE).

Meanwhile, PRIDE is 100% owned by AbaCore Capital holdings, Inc. This Joint venture project has given an aim to SFIO to establish a US$100M project and it is established in a strategic tourist spot in Montermaria, Batangas City, Philippines.

The property is aimed to be structured as a resort condotel concept which predominantly targets tourists, pilgrims, expats, and the returnees of Filipino descent who want a short holiday or for permanent stay for retirement.

The purpose of the development is to position the two companies in the new tourism industry and prepare for post-pandemic restrictions. Also, the project provides domestic visitors with a utility in the uncertainty of travel rules and regulations in the future.

Also, a key highlight of the property is it being equipped of state-of-the-art smart building technology. This technology will be built by the Technology and Software development team of SFIO. The technology is beneficial to its users by enhancing the health, wellness, safety, and security of the guests.

The duration of the project is aimed to be accomplished in the next three years. According to Aba Core Capital, “the preselling of the units will commence once the permit is approved by the concerned government agencies.”

SFIO and AbaCore agreed to be the preferred developer of the future project – the joint venture between SFIO and ABA will be the a first-ever experience. The companies are confident that the project will be a great success. This will enable them to grow and come together to build the greatest business relationship to support each party by efficiently achieving their goals.

(Advertising Supplement)

Winwyn Marquez stars in suspense-thriller film ‘Nelia,’ an official entry in this year’s MMFF

Photo from Disney/Pixar

Disney releases 2nd Filipino-inspired Christmas short

By AJPress

WITH the holidays fast approaching, Disney has released its second Filipinoinspired Christmas advert focused on family togetherness and the power of storytelling.

“The Stepdad” is a follow-up to last year’s viral hit “Lola,” which featured the Filipino tradition of parol-making as part of its 2020 festive campaign “From Our Family To Yours.”

In “The Stepdad,” we see the return of lola’s granddaughter, Nicole, with two children of her own, Max and Ella. Her new husband, Mike, is leaving his own apartment to move in with them, bringing along his dog with him.

Just like its predecessor, “The Stepdad” navigates the viewer on an emotive journey, as Mike tries to join the family’s festive traditions as well as build new traditions. When he accidentally breaks the gingerbread house baked using the recipe of Nicole’s grandfather, Max and

Ella become upset with him.

Mike stays up all night to rebuild the gingerbread house, and come morning, finally finds his place in the family.

At the heart of the story is a very special storybook — a precious item belonging to Max from his birth father. The book celebrates how the power of storytelling can deepen family bonds, and the magic that reading together creates as stories from Disney and Pixar lift off from the pages, igniting the family’s shared imagination and wonder.

The story is accompanied by the original soundtrack “Love Runs Deeper,” performed by Grammy Award winner Gregory Porter.

“The lyrics of the track are so powerful, and underline that behind everything there is love.

When I read the first line of ‘Love Runs Deeper:’ ‘When you open the door, I will be standing there,’ I was truly moved by its emotion and storytelling,” said Porter.

“I knew I needed to be involved with this campaign and support

Make-A-Wish,” he added.

The money raised from the single will be donated to MakeA-Wish International to help grant life-changing wishes.

“The Stepdad” was produced

by Disney EMEA’s in-house creative team, led by Angela Affinita, director of brand marketing and creative, in partnership with Flux Animation Studios in New Zealand.

The advert supports Disney’s long-standing partner, MakeA-Wish® International. Since 1980, Disney has helped MakeA-Wish grant more than 145,000 life-changing wishes around the world – bringing light, hope and joy to wish children and their families.

In celebration of the “From Our Family To Yours” campaign, Disney will give support worth more than $2 million to MakeA-Wish® International and their network of Affiliates around the world. To learn more, visit t h e w a l t d i s n e y c o m p a n y. e u / makeawish in Europe and wish. org/Disney in North America and any other region. n

By AJPress

“NELIA,” a film produced

by A and Q Productions Films, Inc., has made it as one of the official films in this year’s Metro Manila Film Festival.

Beauty queen Winwyn Marquez leads the all-star cast of the suspense-thriller movie.

The star said she is grateful for the opportunity.

“Mixed emotions talaga.

Kabado, tuwa, takot etc pero sobrang grateful na napili ang Nelia dahil alam ko buong cast and production binigay lahat nung ginagawa ang film,” Marquez shared as she recalled her reaction as the list of official entries was announced.

“I was watching from FB Live nung announcement and kinakabahan ako kasi syempre mga unang movies na binanggit napakalaking mga artista at pinaghandaan na mga pelikula din,” she added. “Nung biglang binanggit yung synopsis naparecord ako bigla kasi di ako makapaniwala.”

Marquez plays the title role as Nelia in this film direct-

BrosAs

Inquirer.net

ACTRESS Charlie Dizon considers her TV series, “Viral Scandal,” an eye-opener for social media users and netizens.

Aside from being timely, the series is socially relevant, Dizon said during a press conference for the series today, Nov. 11.

She thinks it is important for people to be nice and compassionate when they give their opinions online, because aside from the persons subject of viral posts, the entire online environment is affected.

Dizon also wishes for people to be conscious about the things they download and share

from the web.

“Mas maging maingat sa pag-download sa social media and other online platforms and sa pagpapakalat ng viral photos, videos and news kasi ang hirap ngayon. Hindi na tayo nakakapagkita-kita in person dahil nga may pandemya pa and ‘yun lang ang nababalitaan natin,” she said, believing that if we see all the negative on social media it will affect our mental health.

(Be extra careful about what you download from social media and other online platforms, as well as with sharing viral photos, videos and news, because it is difficult these days.

We don’t see each other any-

Charlie Dizon Photo from Instagram/@charliedizon_

more because of the on-going pandemic, and [what we see online] are the only things we hear about.)

In the series, Dizon plays the role of Rica, who is finishing her internship in an architectural firm and about to take the board exam when she gets involved in a viral video. She lauds her character’s determination to ward off negative criticisms.

“Everyday ay lumalaban si Rica. Lahat ng binabato sa kanya ay nilalabanan niya talaga.

Sana makuha nila ‘yung tapang ni Rica during ‘yung journey na ‘yon,” she said. (Everyday, Rica fights. She fights against everything thrown against her. I hope people are moved by Rica’s bravery during that journey.)

When asked about the similarities and differences of Rica’s character compared to her own personality, Dizon said Rica’s character is very complex.

“Masyado siyang maraming pinagdadaanan. Siguro ‘yun ‘yung hindi pa ako maka-relate talaga kasi hindi naman ganoon ‘yung pinagdadaanan ko as Charlie,” she said. (She is going through so much. Maybe that’s one thing that I can’t relate with yet, because that’s not what I go through being Charlie.)

What she can relate with, though, is Rica’s courage.

“Siguro ang pinakanakaka-relate ako talaga is ‘yung tapang niya. Hindi siya patatalo sa lahat ng ibinabato sa kanya,” she said.

(Maybe what I can relate with the most is her courage. She won’t allow herself to be beaten by anything hurled against her.) n

ed by Lester Dimaranan with screenplay written by one of its producers Melanie Honey Quiño. The film tackles the story of a nurse whose womanly instincts and gut feel are aroused because of the mysterious cases happening in the hospital where she works.

Joining the cast are Raymond Bagatsing, Ali Forbes, Mon Confiado, Lloyd Samartino, Shido Roxas, Dexter Doria,

Dan Alvaro, Sarah Javier, April Anne Dolot, Massey Shamsoddin, Red Atienza, Juan Carlos Galano, and Aldwin Alegre.

“Nelia” was shot in the postcard-perfect and IG-friendly location of Gapan, Nueva Ecija.

The power tandem behind A and Q Productions Film, Inc. are Attorney Aldwin F. Alegre and Attorney Mary Melanie H. Quiño. n

Enchong slapped with P1 billion cyber libel case

By JAn

Milo severo Philstar.com

Charlie urges everyone to be careful when using social media

By Alex

From left: Ali Forbes, Juan Carlos Galano, and Winwyn Marquez

Enchong Dee Photo from Instagram/@mr_enchongdee

DRIVERS United for Mass Progress and Equal Rights (DUMPER) Representative Claudine Diana Bautista-Lim filed a P1-billion cyber libel case against Kapamilya actor Enchong Dee at the Office of the Provincial Prosecutor in Davao Occidental on Thursday night, November 11.

The case was because the actor issued allegedly “malicious” and “defamatory” statements against the party-list representative after photos of her wedding with businessman Jose French Lim last February circulated online.

According to the partylist representative, the Kapamilya actor “went as far as saying that I used public coffers to fund my wed-

ding by categorically saying that ‘The money for commuters and drivers went to her wedding,’ to the detriment and injury to my honor and name…”

“The posts were meant nothing more than their malicious intentions of maligning my person, depicting me as a corrupt public official,” she added.

Although Enchong publicly apologized to her, Claudine said Enchong has not personally said sorry to her.

“He was not sorry to me and for the damage that he has done.

He just wants to deflect, albeit unsuccessfully, this criminal charge against him…” she said.

“This does not do any good for him. It only bolstered and magnified his admission of guilt beyond reasonable doubt for his unprovoked and baseless libelous remarks,” she added. n

Janno on working with wife Bing, ex Manilyn in ‘Mang Jose’

ACTOR and singer Janno Gibbs revealed that all is well between him and Bing Loyzaga and former girlfriend Manilyn Reynes on the set of latest Viva movie “Mang Jose.”

In the virtual press conference of the movie earlier Wednesday, November 10, Janno said it was the first time for him, Bing and Manilyn to star in a movie.

“Yes, ito po ang first time at ito na rin po ang last time siguro,” Janno joked.

“E kasi pagmagkasama yung dalawa sa set, puro ako ang pinaguusapan nila at nilalait nila e,” he added.

Janno said Bing and Manilyn are comfortable working with each other.

“We are all good friends, kaming tatlo. Proof to that is pwede ko silang iwanan sa isang tent na magkasama. Hindi ko lang alam kung nag-aaway sila sa loob ng tent,” Janno said.

“Mang Jose,” the superhero that Parokya ni Edgar created and introduced as a song back in 2005, will be seen first on Vivamax Plus this November.

Janno stars as Mang Jose who has a special ability of energy absorption and redirection. People in need of saving call upon him. But the catch is, they must have some savings to be able to pay him thereafter. Mang Jose’s services can actually cost a

Janno Gibbs Photo from Instagram/@jannolategibbs

few thousand bucks.

Directed by Rayn F. Brizuela, “Mang Jose” was featured at the Bucheon International Fantastic Film Festival (BIFAN) in South Korea last July. (By Jan Milo Severo/Philstar.com) n

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Estate tax rate changes Biden tax plan series

Tax Tips viCtor Sy, MBA, CPA (retired) WHAT Is an Estate Tax? An estate tax is a levy on estates whose value exceeds an exclusion limit. Only the amount that exceeds that minimum threshold is subject to tax. This tax is calculated based on the estate’s fair market value (FMV) at time of death, not what the deceased originally paid for its assets. The tax is levied by the state in which the deceased person was living at the time of death. In summary: • The estate tax is a financial levy on an estate, based on the current value of its assets.

• Federal estate taxes are levied on assets in excess of a certain amount.

• Assets transferred to spouses are exempt from estate tax.

Current Tax Law: • The current unified gift and estate tax exemption is $11.7 million per person.

• The top estate tax rate is 40% for estates valued at a larger amounts.

Proposed Tax Changes: • Proposed laws would retain the current estate and gift tax rules.

• Another proposal would establish a progressive taxation system for estates transferred at death: • Estates valued at death of $0 to $3.5 million would be taxed at a rate of 0% • Estates valued at death of $3.5 to $10 million would be taxed at a rate of 45% • Estates valued at death of $10 to $50 million would be taxed at a rate of 50% • Estates valued at death of

$50 to $1 billion would be taxed at a rate of 55% • Estates valued at death of more than $1 billion would be taxed at 65% (applies to most of us).

• Note: Earnings that were already taxed when earned during lifetime, will get taxed again upon death. Sad. *** 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. *** He retired after 50 years of defending taxpayers audited by the IRS, EDD, BOE and other governmental agencies. He published a book on “How to Avoid or Survive IRS Audits” that’s available at Amazon. Readers may email tax questions to vicsy@live.com.

Every moment: a precious and fragile gift

Pastor’s Notes reverend rodel G. BAlAGtAS THE Gospel Reading from Mark 13:24-32 this Sunday (November 14) provokes a sense of vigilance and urgency in us with the following words: Learn a lesson from the fig tree. When its branch becomes tender and sprouts leaves, you know that summer is near. In the same way, when you see these things happening, know that he is near, at the gates.

Here, Jesus refers to the darkening of the sun and the moon and the falling of the stars.

These are images of the apocalypse – the end of the world and the Second Coming of the Son of Man in glory.

None of us know the definite time of the Second Coming, but it serves to remind us that our life on earth is impermanent.

Hence, we need to have reverential fear that involves self-reflection about our right relationship with God and others and willingness to change from our sinful ways.

Furthermore, the Gospel urges us to wake up from our sleep, pay attention to the signs of times, and live in the moment.

For our lives are passing and fragile. So Psalm 39 speaks of it: Lord, let me know my end, the number of my days, that I may learn how frail I am. To be sure, you establish the expanse of my days; indeed, my life is nothing before you. Every man is but a breath.

Psalm 90:12 shares the same sentiment: Seventy is the sum of our years, or eighty, if we are strong. Teach us to count our days aright, that we may gain wisdom of heart.

James 4:14 has similar concerns: You have no idea what your life will be like tomorrow. For you are a mist that appears for a little time and then vanishes.

I don’t mean to sound pessimistic; I merely want us to see the reality of life — that it’s fragile, so we should handle it with care and prayer.

So what attitude should we have to deal with the imperma-

nence, brevity, and uncertainty of life and times? Let me borrow the advice of Steven Pinker: Nothing gives life more purpose than the realization that every moment of consciousness is a precious and fragile gift.

And so, being consciously aware of every blessing, such as every breath we take and the water we drink and bathe in, would be an essential daily practice.

However, in this Sunday’s Gospel, Jesus gets deeper than our appreciation of our earthly life and blessings. He reminds us of God’s eternal love for us.

He tells us: “Heaven and earth will pass away, but my words will not pass.” These are words of love, mercy, forgiveness, peace, hope, and his abiding presence. *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff. *** Fr. Rodel “Odey” Balagtas is the pastor of Incarnation Church in Glendale,

Who else should be liable for compensating the seriously injured?

Protecting Employee & Consumer Rights Atty. C. Joe SAyAS, Jr. QUICHANG Zhu (72 years old) and her grandson, Jian Hao Kuang (6 years old), were using a crosswalk to cross a street in Sacramento, CA. The intersection has no traffic lights and the crosswalk was poorly marked.

Because the intersection is near a school, the street is busy. As the grandmother and her grandson were crossing, Gurdeep Sidhu, driving his vehicle, struck the pair, killing Zhu and severely injuring Kuang. The child sustained permanent brain damage and was rendered disabled for life to an extent that he is dependent on others and unable to work.

While immediate fault could be placed on the driver, the problem is that he had limited liability insurance to compensate the family’s damages. Are there other parties who can be held liable to compensate this family?

Upon investigation, it was discovered that the city had removed most of the crosswalk’s paint. However, enough paint remained to give pedestrians the impression that the crosswalk was still marked. Approaching motorists, however, will not see the markings. The city also removed warning signs notifying motorists that pedestrians could be crossing.

Kuang’s guardians sued the driver and also the city, claiming wrongful death, negligence, and dangerous condition of public property.

The city responded that it had received complaints that the street where the accident occurred was not a safe place for pedestrian crossing. Therefore, in accordance with city ordinance, the city gave notice of the location for crosswalk removal

and later removed the thermoplastic markings and signage of the crosswalk. The city asked the court to dismiss the case based on “design immunity” (the city is not liable for an injury caused by the plan or design of a public property where such plan or design has been approved by the legislative body or the agency in charge of such plans).

The court refused to dismiss the case saying that the city did not completely remove the thermoplastic markings on the asphalt of the crosswalk. These

bills, funeral expenses, and loss of financial support. They can also sue to recover non-economic damages. Under California law these include the loss of love, companionship or consortium, comfort, care, assistance, protection, affection, society, moral support and the loss of training and guidance.

One of the challenges that may present itself in catastrophic or wrongful death cases is that the party directly responsible may have limited insurance coverage to pay for the injured person or decedent’s family’s damages.

In this situation, an attorney’s knowledge, creativity, and extensive litigation experience become valuable.

There may be more than one party whose negligence caused the harm. Finding that party and proving their culpability is the key to obtaining damage awards that will make the injured person whole.

Rather than proceed to trial, the city settled with the family for $11 million. The settlement was structured as a special needs trust for Kuang. The insurance of the driver that hit the two also paid a $100,000 settlement to the family. *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff. *** The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic.

All inquiries are confidential and at nocost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw. com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.

(Advertising Supplement)

“Under the law, where an injury was caused by the fault of another, the injured has the right to file a claim for damages to compensate them for these injuries.” remaining markings “had the dangerous effect of being visible to pedestrians giving the impression the crossing was still intended to be a marked crosswalk, but not being visible to approaching motorists.”

Accidents that result in fatal or catastrophic injuries affect the injured person and their family in significant ways. Rights to medical treatments, including the responsibility to pay past and future medical expenses, and loss of earnings are important issues. There are also the more serious physical pains accompanied by emotional suffering as the person is not able to pursue and enjoy life’s basic activities.

Under the law, where an injury was caused by the fault of another, the injured has the right to file a claim for damages to compensate them for these injuries. Where death resulted, the decedent’s family members have the right to sue on behalf of the decedent to recover economic damages such as medical

Marian’s dilemma as a stay-at-home Vilma recalls past animosity mom-cum-show biz celebrity with Nora over fan rivalry By allan

By Dana

Cruz

Inquirer.net

VILMA Santos looked back at a time when she and Superstar Nora Aunor were once affected by the rivalry between their fans, admitting that the experience was “awkward” for her.

The Star for All Seasons recalled the fights that happened between her fans and Aunor’s— the Vilmanians and Noranians— on her son Luis Manzano’s YouTube vlog on Tuesday, Nov. 9. The actress was responding to a netizen who told her she had once gotten into a fight while defending Santos.

“May time na naapektuhan kaming dalawa. Because of the rivalry, halos hindi kami nagkibuan. Kasama ko lahat ng Vilmanians ko, kasama niya naman sa isang corner lahat ng Noranians niya,” Santos said.

(There was a time when we were both affected. Because of the rivalry, we did not talk to each other. I was with my Vilmanians, and she she with all

EMPLOYMENT

Vilma Santos Photo from Instagram/@rosavilmasantosrecto

her Noranians in a corner.)

She also described the rivalry as “physical,” where people threw things at each other.

Santos added that because of the fights between their fans, she felt “awkward” working with Aunor for some time.

“Kapag magkaeksena kami, ‘yung tinginan namin parang awkward. Umabot kami sa gano’n,” she told Manzano.

(When we were in a scene together, our looks toward each other seemed awkward. We reached that point.)

According to Santos, these kinds of interaction between her and Aunor went on for some time until she visited Aunor when one of the Superstar’s parents passed away. She then assured the public that she no longer felt awkward when around Aunor.

They eventually became close and are actually “kumares.”

Santos and Aunor, who are longtime professional rivals, previously worked together in the films “T-Bird at Ako” and “Ikaw Ay Akin,” among others.

For Santos, her acting style complements that of Aunor’s, she said in a 2017 interview with the Philippine Daily Inquirer. She noted that she relies mostly on body language when doing scenes, while Aunor is known for her “subdued portrayals.” n

EMPLOYMENT

PoliCarPio

Inquirer.net

WHILE she would love to return to doing teleseryes, being away from home for extended periods would be difficult, Marian Rivera said, because she has young children to take care of.

“It’s hard to say yes or no on the spot, because it will all depend on the situation or protocols. If the taping is just for a few days, it’s OK. But if it’s a monthlong, locked-in taping, that would be tough for me, because my children rely on me,” she said in a recent virtual conference for the fourth anniversary of “Tadhana,” a weekly drama anthology on GMA 7.

Marian has two children with husband, Dingdong Dantes— Zia, 5, and Sixto, 2. “Zia attends school. Sixto stills sticks with me. But maybe next year, things will be smoother and we can think of ways to deal with it,” the 37-year-old Kapuso actress said.

Work with Bea, John Lloyd But should the stars align and an opportunity presents itself,

Marian Rivera Photo from Instagram/@marianrivera

would she be willing to work with Bea Alonzo, who recently signed with GMA 7, and John Lloyd Cruz, who’s set to do a blocktime sitcom on the network? “Why not? Whoever gets paired with me, I’ll look forward to that,” she said. “I will be super excited if that ever happens.”

As part of its fourth year celebration, “Tadhana” will present on Nov. 13 and Nov. 20 a special two-part episode,

EMPLOYMENT

titled “Sa Ngalan ng Ama,” which stars Gabby Concepcion, Eula Valdes, Thea Tolentino and Ariella Arida. The second episode, “Kabayaran,” will air on Nov. 27 and Dec. 4. Also, the show will give away a house and lot to a lucky overseas Filipino worker.

“I’m glad we’re still here after four years. And I’m not surprised, because the stories we find are inspirational and give people hope. We have unique stories and we’re thankful to those willing to share them with the viewers. One of the things I always see in our stories is that we Filipinos, despite difficulties, will get up and fight,” she said.

Right now, Marian shoots her hosting parts for the show at home with Dingdong as her director.

“We managed to come up with a scenario that will allow us to continue producing new episodes. They had Dong directing me because I was scared to go out, especially during the peak of the pandemic.

If it’s only me, I can manage.

PAGE B6

B6 november 13-16, 2021 • LA WEEKEND ASIAN JOURNAL

Maximizing recovery in personal injury cases DEAR Attorney Tan, I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my back seemed very tight and stiff. I took some days off from work.

After a week, I contacted the other driver’s insurance to report the claim. The insurance adjuster for the other driver said they would fix my car, and offered me $500.00 for my injuries. Is that enough? I do not know where to go from here. –K.K. Dear K.K., The first step is to make sure that any injuries that you have suffered in the accident are examined and treated. You can recover treatment costs since they are considered “economic damages” that you suffered due to the accident.

You can also recover for time away from work as “economic damages,” even if you used paid time off or sick leave.

The term “economic damages” means “objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.” Civil Code Section 1431.2(b)(1). A person’s claim for economic damages apart from medical expenses are often overlooked and not pursued by persons who settle their accident cases on their own, or with the assis-

Legal Advice Atty. DArricK tAn tance of inexperienced counsel.

Loss of earnings are often a significant part of an injured person’s claim for economic damages. Damages are recoverable for both past and future lost earnings. To recover for past lost earnings, a person must prove the amount of income or earnings that he/she has lost to date. To recover damages for future earnings, a person must prove the amount of income or earnings that he/she will be reasonably certain to lose in the future as a result of the injury.

CACI No. 3903C. How are past lost earnings proven? Medical records, which show the doctor authorizing a release from work or giving instructions to restrict work activities, can support the time taken off from work due to the injury. For those self-employed, medical providers typically do not provide a release from work; however, medical records should record work restrictions placed by the medical provider.

After showing that the time off was justified, the next step is to value the lost earnings. A letter from a person’s employer that outlines the amount of time that one has lost as a result of his/her injury, the loss of benefits, and the rate of pay during the time

of loss is evidence of the value of one’s loss of earnings claim.

Other supporting documents include pay stubs, time cards, and tax returns. The monetary value of sick leave and vacation time that are used due to the injury are also recoverable.

For those self-employed, earnings history as reflected by tax returns and profit and loss statements can help prove the value of lost earnings. Similar supporting documentation must be presented for future lost earnings.

Apart from economic damages, you can recover “general damages,” which are damages for the pain, suffering, and inconvenience due to the accident.

If you were suffered injury in an auto accident or someone’s premises, please contact our office to discuss your case. To maximize monetary recovery, it is important to have the assistance of an experienced attorney in presenting your personal injury claim. *** Darrick V. Tan, Esq. is admitted to practice law in California and Nevada.

Mr. Tan is a graduate of UCLA and Southwestern University School of Law. He is a member of the Consumers Attorney Association of Los Angeles (CAALA) and American Immigration Lawyers Association (AILA). He is a former member of the Board of Governors of the Philippine American Bar Association (PABA). LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010. Tel: 323-639-0277. Email: info@dtanlaw.com (Advertising Supplement)

Marian’s dilemma as a stay-at-home...

PAGE B5 But I thought, ‘Will I be able to go home and sit with my kids?’ I can’t bear the thought of my kids catching [COVID-19],” she said.

Supportive Dingdong has nothing but support. “I asked him if he’s OK with directing me and he said, ‘Of course, why will I not do it for you?’” Marian related. “We just make sure to manage our time well. Sometimes, my glam team helps with the camera. Tulung-tulong kami. Sometimes, Zia drops by and acts as the clapper.”

Being stuck at home has allowed Marian to focus on raising her children. But she also acknowledged

going outside is crucial to their development.

“Kids should be exploring, going to school and mingling with other kids. But since they’re unable to do that, we have to make do with what we have at home. We go to our small garden and ride bikes — kahit tatlong padyak lang! They play on the trampoline. Parenting is challenging, but if you love what you do, nothing is impossible,” she said.

But while she’s enjoying being a stay-at-home mom and entrepreneur at the moment, show biz, Marian said, will always be in her blood. “I love working. That won’t leave me, even when I get old.

Let’s just wait, maybe when it’s safer. Babalik at babalik pa rin,” she said. n

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

Young client seeks Chapter 7 discharge of $300K in credit card debt for fresh start

WHEN I say client is young, I mean client is young, in her twenties. She is married and has a son, a toddler. Before becoming a mother, she was working full time and earning about $60K a year. That’s a good salary for a young person. So how did she rack up so much credit card debt? Wait, are you reading this right? Does she owe thirty thousand, or is that three hundred thousand? You read that right, there’s no typo; she owes three hundred thousand.

Whether the amount of $300K as credit card debt is unusually large is debatable. For Michael Jackson, $300K is not a big credit card debt because he charged $500K on his American Express card for a week’s stay in a hotel in Vegas. And that’s a one-time charge.

In the client’s case, aside from working full time, she also engaged in a business enterprise or shall we say a business activity.

Since her credit was very good, she was able to obtain a lot of credit cards. She used these cards to purchase gift items such as TV sets, refrigerators and other appliances, furniture, and whatever her “client” wants her to get using her credit cards.

Her clients are people who do not have credit but want to buy on credit.

For example, you want to buy a new Samsung 80” flat screen smart TV. It costs $3K. You can’t qualify for credit to buy that TV for whatever reason. Maybe you just arrived in the U.S. from Timbuktu and have no credit here. Client will buy that TV for you. You get the TV, but you have to pay back the client over a period of time plus she makes a margin over her cost.

That’s the nature of the client’s business activity. Just add another layer to it. In between the client and you there is another guy. Let’s call him Mr. Z. Mr. Z is the guy who actually contacts the people with no credit but want some big-ticket items. So, in this situation, Mr. Z is the guy who collects from the ultimate buyers, and it is Mr. Z who pays the client back, plus her margin, whatever that margin is.

What happens when the ultimate buyers drag their feet and don’t pay Mr. Z back on time. Well, that’s pretty simple.

What happens is that Mr. Z is not able to pay back the client.

When that happens, the client does not receive the money from Mr. Z to pay back her credit cards and her whole house of cards collapses. By collapse, I

Debt Relief

Atty. LAwrence yAng mean the client starts to default on the minimum payments on her credit cards. So maybe the client then uses one card to pay the other cards, the proverbial borrowing from Peter to pay Paul.

The snowball effect of borrowing from Peter to pay Paul causes the amount of debt to keep getting bigger and bigger, until there’s no more money to borrow from anybody, and then the fat lady sings.

In the client’s case, when the fat lady sang, the total amount she owed was $300K of credit cards.

The first question that needs to be asked is whether or not this is a legitimate use of credit cards. Well, credit cards can be used for anything you want.

Some people even use them to pay hookers, or to gamble in Vegas, or worse, to buy weapons of mass destruction. Credit cards don’t care what you use them for as long as you pay them back with interest on time. Just give them their minimum monthly payments and they’re happy.

It’s not unusual for debtors to use credit cards to finance a business activity. This is what the client used her credit cards for: to finance a business activity.

Everyone knows that a business can make money, lose money or break even. If her business activity had made money, the client would have no problem paying back her cards.

The problem is her business did not work. Why not? Because the ultimate buyers would not pay back Mr. Z back on time.

Well, the truth is, Mr. Z is not the one holding the bag. It’s the young client who is ultimately left holding the bag of $300K of outstanding credit card debt, which she can’t pay back.

Even Kodak went bankrupt.

Remember Kodak? Kodak was the biggest player in the film business for a very long time.

It started losing money when digital cameras came in.

Remember Mossimo?

Before Under Armour, there was Mossimo. Mossimo had a meteoric rise in business but it fell flat and went bankrupt in a short period of time. Ever heard of Montgomery Wards, K-mart, Fedco, Gemco? These

department stores existed for a long time then went bankrupt.

Sears also went into bankruptcy.

So if all these big business can fail, my young client can fail too, right?

What is the threshold question that the Chapter 7 trustee will ask my client? Did you intend to pay these cards back? And to this question, the answer is that if the client’s business was successful, then she would have and could have easily paid her credit cards back. This is called the “intent to repay.” It’s possible that her creditors will argue that if you look at the totality of circumstances, she had no intent to repay. Well, let’s see what happens. We have to pray to God for a successful resolution of this case so the client gets a discharge. The client needs His help.

The client needs a fresh start in life without this $300K hanging on her neck. She made a mistake in getting into this business that had no chance of reasonably succeeding. But she must be given a chance to start her life again without this debt, otherwise, how can she become productive again? Just think about it. Minimum payments on $300K of cards are at least $10K a month. She doesn’t own a house yet, and she just stopped working because she has a new baby. It’s ridiculous for her to be saddled with this debt just because she made a mistake in getting into a lousy business.

Just like Walt Disney who filed for Chapter 7 twice before Disneyland became a viable business, the client deserves a fresh start in life without accumulated debt.

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

“Behold, I am doing a new thing; now it springs forth, do you not perceive it? I will make a way in the wilderness and rivers in the desert.” Isaiah 43:19 *** Disclaimer: None of the foregoing is considered legal advice for anyone.

There is absolutely no attorney-client relationship established by reading this article. *** Lawrence Bautista Yang specializes in Bankruptcy, Business, Real Estate and Civil Litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803.

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Should you modify your child and spousal support obligation if you lose your job?

Barrister’s Corner Atty. Kenneth UrsUA reyes IF you have an existing child support or spousal support obligation (court order) and you are laid off from your job causing a major loss of income, you may want to consider modifying your existing child and spousal support order. You are not automatically relieved from your obligation to pay a court ordered child and spousal support just because you were laid off from your job. Some people have a mistaken belief that just because they lost their job, they are automatically off the hook from paying support.

This is not the case. The support order remains in place until it is modified by a new support order. You will need to immediately file a Request for Order (motion) with the Court to modify the existing support order when there is a substantial change in your circumstance such as a loss of income.

The support orders are generally based on the parties’ financial situation and custody arrangements at the time of the settlement or trial. If your income has gone down substantially from the time that the child or spousal support determination, you may be able to file a modification of your support obligation. Losing a job or having less income constitutes a material change of circumstances that would allow the court to modify down your support obligations.

Child support in California is based on a guideline formula.

One of the factors that is considered in the guideline

formula is your gross income.

Usually the court would look at several months or even an average of the last 12 months income. If your average income has decreased, you may be able to modify your child support to a lower amount. Bear in mind that there are other factors that come in the equation such as the amount of actual timeshare you spend with your child and the income of the other parent. If the other parent’s income has gone down, this may adversely affect your child support obligation. Also bear in mind that any unemployment benefits that you may be receiving will be considered as income available for support in the child support guideline calculation.

Spousal support may also be modified unless you stipulated in a divorce judgment that it is non-modifiable. However, spousal support are usually calculated differently than guideline. The court will look at other factors in deciding whether to modify this. Those factors are listed in family code section 4320.

If you are unemployed, the other party may be expected to try to impute income on you.

However in light of the recent cases in California, they would have to prove that you had the ability and the opportunity to obtain employment. The Court will also look at the efforts you are making in trying to secure new employment under the current job market environment. If your income has gone down due to job lay off or unemployment, or if your hours were cut, it may be possible to modify both your child support and spousal support obligation. Without modifying the order, the current order will continue to be in effect and the same amount will accrue regardless of whether your income declined or your

spouse income increased.

It is important to file a post judgment request for order to modify support as soon as your financial situation changes.

Failing to immediately modify your child and spousal support obligation and not paying them would result to your support obligation accumulating as child and spousal support arrears. The supported spouse is entitled to the statutory interest on any unpaid support arrears. If the County Child Support Service Department is involved in enforcing the support, CSSD may suspend your passport, divers license, garnish your bank accounts, and intercept any tax refunds due you by the federal or state government. *** 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@ kenryeslaw.com or visit our website at Kenreyeslaw.com.

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LA WEEKEND ASIAN JOURNAL • NOvEmbER 13-16, 2021 B7