NOVEMBER 14-17, 2020 Volume 30 - No. 90 • 2 Sections – 20 Pages
DATELINE
USA
FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
PH Embassy, Consulates in US take steps to meet increased demand for consular services amid COVID-19 pandemic
California COVID-19 cases exceed 1M Officials issue holiday advisory to prevent superspread by KLARIZE
MEDENILLA AJPress
AHEAD of the normally travel-heavy holiday season, coronavirus infections are skyrocketing in California, which this week became the second state in the country to exceed 1 million positive COVID-19 cases. On Friday, Nov. 13, California Gov. Gavin Newsom, along with Oregon Gov. Kate Brown and Washington
Gov. Jay Inslee, issued a travel advisory encouraging residents to remain local for the holiday season and refrain from traveling out-of-state. “California just surpassed a sobering threshold — 1 million COVID-19 cases — with no signs of the virus slowing down,” Newsom said in a statement released on Friday. “Increased cases are adding pressure on our hospital systems and threatening the lives of seniors, essential workers and vul-
Solon: Suspension of VFA termination ‘sound, strategic’
THE Philippine Embassy and Consulates General in the United States are actively taking steps to meet the surge in demand for dual citizenship, passport, and visa services amid prevailing uncertainties arising from the COVID-19 pandemic. Depending on the local conditions and state restrictions in each Post, these steps may include increasing the number of appointment slots, operating on weekends, and assigning more personnel to process applications and answer phone, e-mail, and social media queries, among other measures. The adjustments are being made in coordination with the Department of Foreign Affairs as pandemic-related restrictions and stringent health requirements, both in the Philippines
by RITCHEL
MENDIOLA AJPress
THE Philippines’ decision to suspend anew the termination of the Visiting Forces Agreement (VFA) was “sound and strategic,” according to a lawmaker. Muntinlupa City Rep. Ruffy Biazon, who serves as the vice-chairperson of the House Committee on National Defense and Security, pointed out that the move will give the new administration of the United States some time to settle in and possibly pursue talks with the Philippines on issues concerning the VFA. “The impending change in administration in the U.S. offers the Philippines an opportunity to engage the new administration and discuss concerns pertaining to the PH-U.S. relationship and come to a refresh or reboot of security arrangements in the Region,” Biazon said Friday, November 13. Foreign Affairs Secretary Teodoro Locsin Jr. on Wednesday, November 11 said the extension of the VFA’s termination was decided to “find a more enhanced, mutually beneficial, mutually agreeable, and more effective and lasting arrangement on how to move forward in our mutual defense.” Biazon noted, “This shows that the Philippines is serious in coming up with an agreement which is strong in
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Fil-Am Remy Martin named to AP preseason All-America team FILIPINO AMERICAN Remy Martin on Wednesday, November 11, was one of six players named to the Associated Press’ 202021 preseason All-America team. Martin is the second player from Arizona State Remy Martin Photo from Instagram_@sundevilhoops to receive AP preseason All-American honors after Ike Diogu in 2003-04. He will be joined by Luka Garza of Iowa, Jared Butler of Baylor, Ayo Dosunmu of Illinois, Cade Cunningham of Oklahoma, and Cou PAGE A3
nerable Californians. Travel increases the risk of spreading COVID-19, and we must all collectively increase our efforts at this time to keep the virus at bay and save lives.” A short decline in the beginning of fall was quickly followed up with a rise in weekly cases across the state over the last month. Since last week, California now averages about 6,300 new cases a day, u PAGE A2
SUBMERGED. President Rodrigo Duterte led an aerial inspection on Thursday, November 12 over Metro Manila and nearby areas where Typhoon Ulysses brought the worst flooding in years, trapping people on rooftops. Floods submerged thousands of homes in low-lying suburbs. Duterte earlier said the government was “on top of the situation,” pledging relief funds, goods and shelter for victims as well as post-disaster counseling. Malacañang photos by Ace Morandante
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DOLE: No complaints about treatment of Filipino workers in US by RITCHEL
MENDIOLA AJPress
THE Philippine Department of Labor and Employment (DOLE) said the overseas Filipino workers in the United States are being treated well and believe this will not change under the administration of President-elect Joe Biden. “We don’t have so much to complain about the treatment of OFWs there. We haven’t heard much of OFWs being abused in the U.S. And I don’t think there will be (any problems) in the treatment of our coun-
try as far as America is concerned,” Labor Secretary Silvestre Bello said during a virtual forum on Wednesday, November 11. “The ones being abused there are not OFWs but the illegal entrants, such as those who supposedly went there to study but looked for jobs,” he added. Malacañang on Monday expressed hope that the new leadership will help undocumented Filipino workers in the U.S. get a chance to become legal residents. There were approximately 313,000 un- President Rodrigo Duterte is shown on-screen with other leaders from Association of documented Filipinos from 2012 to 2016, Southeast Asian Nations (ASEAN) member countries as this year’s host country, the Socialist u PAGE A4 Republic of Vietnam, live streams the 37th ASEAN Summit. The president, who attended the
Typhoon Ulysses causes Metro Manila’s worst flood in recent years by RITCHEL
MENDIOLA AJPress
STILL FLOODED. Motorcycle riders slow down on the flooded portion of Marcos Highway in Antipolo City on Friday, November 13. Non-stop rains caused by Typhoon Ulysses triggered massive flooding in several areas in Luzon. PNA photo by Joey O. Razon
METRO Manila experienced its worst flooding in recent years after Typhoon Ulysses (international name: Vamco) hit the Philippines on Wednesday night, November 11. Tens of thousands of homes were submerged by the floods, forcing residents to take refuge onto rooftops awaiting rescue. Marikina City, in particular, suffered severely with over 40,000 homes fully or partially submerged by the flood — a situation that the city’s mayor, Marcelino Teodoro, described as “overwhelming.” “The local government cannot handle this,” Teodoro told
DZMM radio station, calling for help from the national government. He also admitted that they did not expect the Marikina River to reach 22 meters at 11 a.m. on Thursday, The cities of Mandaluyong, Pasay, Pasig, Parañaque, San Juan and other areas in Metro Manila were also hit by the floods along with Rodriquez, San Mateo and Cainta in Rizal, Cavite, Bulacan and Pampanga in Luzon, and Bicol, which was recently battered by Super Typhoon “Rolly.” Nearly three million households in and around Manila also experienced power outages due to Vamco. u PAGE A3
virtual summit at the Malacañang Golf (Malago) Clubhouse in Malacañang Park, Manila on Thursday, November 12, is accompanied by some members of his Cabinet. Malacañang photo by King Rodriguez
Duterte: Arbitral ruling can’t be ignored by any country by RITCHEL
MENDIOLA AJPress
PHILIPPINE President Rodrigo Duterte on Thursday, November 12, invoked the country’s arbitral victory against China over the South China Sea at the start of a virtual regional summit. During the virtual plenary session of the 37th ASEAN Summit, Duterte stressed that no country, no matter how powerful it is, can ignore the ruling. “The Philippine position is clear and firm. We must solve the disputes peacefully and in accordance with international law,
including UNCLOS (United Nations Convention on the Law of the Sea),” he said. “The 2016 arbitral award on the South China Sea is an authoritative interpretation of the application of UNCLOS. It is now part of international law. And its significance cannot be diminished nor ignored by any country, however big and powerful,” he added. Duterte also called for the completion of a Code of Conduct in the South China Sea to promote peace and stability in the busy waterway. “The Philippines is one with u PAGE A4
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From the Front Page PH Embassy, Consulates in US take steps to... PAGE A1
and the United States, continue to put pressure on Posts’ consular operations. The global nature of COVID19 compelled many countries to enforce travel restrictions to protect their local populations from the disease. In March, the Philippine government temporarily banned the entry of foreign nationals and suspended the Balikbayan program and other visa-free entry privileges in the interest of public health and safety. Prior to the pandemic, former Filipinos traveling on U.S. passports were able to enter and stay in the Philippines for a maximum of one year without a visa under the Balikbayan program. With the program’s suspension, thousands of former Filipinos have filed dual citizenship and passport applications with the Embassy and Consulates to be able to travel to the Philippines as Filipino citizens. The increased demand, cou-
pled with state and local health regulations limiting the number of people who can be physically accommodated in consulate premises, slowed down processing times and created backlogs that the Embassy and Consulates are working hard to address. “We understand our clients’ frustration over the impact of the pandemic on our consular operations. We wish to assure them that we are aware of their concerns and we are doing everything we can to continue delivering critical services in the safest and most efficient way possible during these challenging times,” said Philippine Ambassador to the United States Jose Manuel G. Romualdez. Lockdowns, quarantine rules, and indications of rising COVID19 infections across the United States this fall have also affected Posts’ operating hours and impeded the conduct of consular outreach missions. These factors continue to make it more difficult for the Embassy and
Consulates to reach the majority of their clients who are spread throughout their areas of jurisdiction. “For us in the frontlines, this is a delicate balancing act between the need to fulfill our public service mandate and to ensure the health and safety of our clients and personnel. We appeal to the public for your understanding, and please bear with us as we try to deal with this evolving situation,” the Ambassador further said. “If you can put your travel plans on hold for the meantime, please do so. I know this might be hard as the Christmas season is upon us, but these measures and regulations have been put in place to keep all of us safe from the pandemic. Only with EVACUEE. A girl wears a face mask as she talks to her friend inside the tent at the temporary evacuation center in Bernardo Covered Court, everyone’s cooperation will we Barangay Kamuning, Quezon City on Thursday, November 12. She was among 49 evacuated families along with 189 individuals living along PNA photo by Robert Oswald P. Alfiler be able to defeat this pandemic the creek behind Marcelo H. Del Pilar Elementary School. that has already claimed more than a million lives worldwide and changed the course of our future,” Ambassador Romualdez added. n PAGE A1 tiers on the state’s re-opening have no choice but to look at adwhich is up from 3,200 cases a plan, warning that more coun- ditional actions.” On Tuesday, California resities could be moved back if the day just a month ago. dents all received a smartphone Hospitalizations increased by spread continues to surge. Los Angeles County, which alert noting the significant rise of 50% since October and the positivity rate is currently at 4.4%, a continues to be one of the hot- coronavirus cases after several 70% increase from last month’s test COVID-19 pits in the coun- months of steady numbers. try, may see an increase in hosLA Mayor Eric Garcetti this 2.6% positivity rate. According to the advisory, only pitalizations and deaths if the week reminded residents that the spread of infection is priessential travel is permitted: that numbers continue to rise. On Thursday, LA County Pub- marily driven by increased gathincludes “work and study, critical infrastructure support, economic lic Health confirmed 2,533 new erings, “often between people services and supply chains, cases and seven deaths since the who aren’t showing symptoms,” health, immediate medical care previous day. As of Friday, the and encouraged residents to county has seen a total number hold holiday celebrations at and safety and security.” “If you do not need to travel, of 330,450 positive cases and home only with people they live you shouldn’t,” Brown said in 7,221 deaths since the begin- with. This likely led to a sharp upa statement, noting that travel ning of the pandemic. LA County Public Health Di- tick of residents heading to the across California, Oregon and Washington could propagate rector Dr. Barbara Ferrer said testing site at Dodger Stadium, an even worse spread of the vi- that if the uptick continues one of the largest testing sites in rus. “COVID-19 does not stop at across the county, Public Health the country that has been floodstate lines. As hospitals across may impose “additional actions” ing for the past few weeks, pubthe West are stretched to capac- for transmission control. Ferrer lic health officials said. Thousands of appointments ity, we must take steps to ensure declined to elaborate on what travelers are not bringing this these extra steps may be, but are available daily at Dodger Stashe continued to warn the public dium, but the county this week disease home with them.” The new advisory also urged to follow social distancing proto- expanded testing availability this week at other testing sites and people who participated in out- cols. “We all need to act now. The is encouraging residents not to of-state travel to quarantine for actions we take today, tomorrow flood Dodger Stadium to keep 14 days when they return. The multi-state advisory and next week have tremendous wait times short. Testing is free for all LA Councomes after a surge of rolled impact on the health and wellback business reopenings. Cali- being of many, many people ty residents regardless of insurfornia Health Secretary Dr. Mark across the county,” Ferrer said ance, income and citizenship. To Ghaly announced in a recent at a media briefing this week. “If find a testing site near you, visit press briefing that 11 counties collectivel, we fail to stop the ac- https://covid19.lacounty.gov/ regressed to more restrictive celeration of new cases, we will testing/. n
California COVID-19 cases exceed...
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Milady Sy Quito, a Devoted Educator, Dies at 47 LADWP, LA City Council President Nury Martinez announce $50 million in emergency relief for low-income households impacted by COVID-19 Low-income Los Angeles City residents who have been financially impacted through the loss of their job or who have otherwise experienced income loss in their household due to the COVID-19 pandemic are encouraged to apply for a one-time $500 grant to help pay their utility bills, under a program championed by LA City Council President Nury Martinez, Chair of the Ad-Hoc COVID-19 Recovery and Neighborhood Investment Committee and approved by the City Council today. In a related action, the LA Board of Water and Power Commissioners approved allocating resources to support the grant program which will provide assistance to up to 100,000 low-income Angelenos impacted by the COVID-19 pandemic. Applications for the $500 grant will be accepted online through LADWP’s MyAccount customer portal between November 2 – 15th, and will be distributed via check mailed to the eligible customer in late December. If the number of eligible applicants exceed the available funding, awardees will be selected randomly, with priority given to existing LADWP assistance program participants. The City of LA – LADWP CARES Utility Grant Program was made possible through federal CARES Act funding received by the City
to assist struggling low-income Angelenos with utility costs. “Our low-wage workers continue to suffer in silence,” said Council President Martinez. “They are the first to put themselves and their families at risk through their essential work. I am unapologetically dedicated during this pandemic to help them get whatever resources they need to hang on and stay in their homes. While this utility relief program helps us meet that goal, we absolutely need additional federal assistance and relief moving forward.” “Our COVID-19 response has focused on two core tenets — saving lives and protecting livelihoods — and we will continue to do everything in our power to help our hardest-hit Angelenos get back on their feet,” said Mayor Garcetti. “With leadership from the City Council and DWP, we are investing in a fairer, stronger city by directing vital funds where they can do the most good: helping struggling households cover their bills, make ends meet, and endure this moment of unprecedented challenge.” “COVID-19 has not only resulted in an unprecedented global health crisis, but it has also led to an extraordinary economic crisis as well for many families,” We look forward to providing these
Typhoon Ulysses causes Metro Manila’s worst... PAGE A1 Meralco, for its part, assured Thursday that its “Meralco linemen have been working round the clock to restore power at the soonest and safest time.” Ondoy ‘more intense’ The Philippine Atmospheric Geophysical Astronomical Services Administration compared the major flooding brought by Typhoon Vamco to the devastation that Tropical Storm Ondoy caused in 2009. According to the state weather bureau, Ondoy was “more intense” than Vamco, unleashing a total of 455 millimeters of rain in 24 hours on Quezon City, to Ulysses’ 153 mm in 24 hours. PAGASA recorded Vamco’s highest amount of rainfall in 24 hours in Tanay town, Rizal at 356 mm. Gov’t on top of situation President Rodrigo Duterte on Thursday, November 12 assured the public that the government is on top of the situation amid the backlash that the government received for its supposed inaction. “My countrymen, mga kababayan, while we are facing the heavy downpour and strong winds of Ulysses, I assure everyone that the government is on top of the situation. From the beginning, various government agencies have already been mobilized to respond to the situation on the ground,” he said. Duterte also assured that no one will get left behind as the government will provide assistance to the typhoon’s victims. “I guarantee you that the government will do its best to provide assistance in the form of shelters, relief goods, financial aid, and post-disaster counseling. Rest assured the government will not leave anybody behind. We will get through this crisis, I assure you,” he said.
Fil-Am Remy Martin named to AP preseason... PAGE A1 t rey Kispert of Gonzaga, who tied with Martin for the last spot. Martin was born to a Filipino mother and has a dual US-Philippine citizenship. He currently plays for Pac-12 Conference school Arizona State. “Martin started his career at Arizona State as the bouncyhaired energizer off the bench, lifting his team with pizazz and hard-nosed defense. The 6-foot guard has since developed into an unquestioned leader on a team loaded with talented guards,” the AP News wrote. Martin averaged 19.1 points, 4.1 rebounds and 3.1 assists last season. He had initially declared for the 2020 NBA draft, but withdrew later to stay for his senior season. He is set to play his final year with the Sun Devils this upcoming NCAA season that starts on November 25 in the U.S. (Ritchel Mendiola/AJPress)
Based on the report by the Armed Forces of the Philippines, 39 died due to Vamco. Meanwhile, 40 were injured and 22 are still missing. Meanwhile, the National Disaster Risk Reduction and Management Council (NDRRMC) said about 401,800 individuals have been evacuated due to Vamco. n
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY RFP No. EP205-20 ROTEM RAIL CARS HVAC OVERHAUL AND REBUILD The Southern California Regional Rail Authority (Authority) is requesting proposals to obtain HVAC Overhaul and Rebuild services for its HyundaiRotem fleet. Requests for Proposal (RFP) can be obtained by accessing the Authority’s vendor portal at: http://www.metrolinktrains. com/doing_business. Prospective proposers must register on the website in order to download the documents, but registration is free. Electronic proposal submittals are due at 2:00 p.m. (PT) on December 15, 2020. The Authority will conduct a virtual pre-proposal conference at 8:00 a.m. (PT) on November 20, 2020. Prospective proposers should RSVP via the vendor portal solicitation, in order to receive the invitation to the virtual conference. Any Contract awarded as a result of this solicitation may be funded in part or in full by the U.S. Department of Transportation, Federal Transit Administration. Proposers will be required to certify that they have not been suspended or debarred from participation in federally-funded contracts. Full compliance with all applicable Safety and Health standards, DBE requirements, Equal Employment Opportunity and Americans with Disabilities Act laws and regulations will be required of the successful proposer. As a condition of financial assistance agreements between the Authority and U.S. DOT, the Authority has established a Disadvantaged Business Enterprise (DBE) Program and overall annual DBE goal in accordance with Title 49 CFR, Part 26. The Authority’s overall DBE goal for Federal Fiscal Years 2019-2021 is 12%. The Authority has established a goal of 5% for DBE participation on this contract. For further information contact: Angelos Kastrisianakis, Principal Contract and Compliance Administrator at (213) 452-0215 or email KastrisianakisA@scrra.net 11/14/20 CNS-3414356# ASIAN JOURNAL (L.A.)
$500 grants to Angelenos to assist our most vulnerable residents during this crisis. said Board of Water and Power Commission President Cynthia McClain-Hill. To be eligible for the grant, residents must meet the household income eligibility requirements and be able to provide documentation to demonstrate they were financially impacted by the COVID-19 Pandemic. Eligible COVID-19 financial impacts include, but are not limited to: • Workplace closure or reduced hours due to COVID-19, including layoff, termination, loss of working hours. • Business closure or other economic impacts of COVID-19. • Sickness with COVID-19 or caring for a household or family member who is sick with COVID19. • Medical costs for you or a household member who is ill with COVID-19. • Extraordinary out-of-pocket childcare expenses due to school closures. “As a department, we stopped all shutoffs of water and power service at the very beginning of the pandemic so that no customer goes without vital services. We also stretched out our payment u PAGE A5
MILADY S. Quito was an educator, a community organizer, an activist, an aunt, a sister, a daughter, a confidante and a friend to many. At work and among her friends and family, she was known for both her lightheartedness and unreservedly no-nonsense approach in making things happen—whether it be an advocacy campaign for trafficked women, or planning her school’s program, or travel with old friends. Milady died on November 11, 2020, of the coronavirus. She was 47. After growing up in San Diego as part of an immigrant, military family (her father, Lady, was in the Navy), Milady moved to LA to attend UCLA. Although she started as a science major, she fell in love with Political Science and involved in UCLA Samahang and then, focused her activism on fighting for Pilipino Studies to be included in the curriculum. When years later, it finally became a course of study as a minor, she celebrated the victory, but thought it was but one of many critical changes that needs to happen in the overall US educational system. This is part of the reason she became an educator. Milady started as a parent coordinator and then became an elementary school teacher at LAUSD and worked hard to become a Principal at Independence Elementary School. Milady was devoted to her students. She shared with them, among others, one of the things she most cherished—books. When at a bookstore, which was often and for long hours, she bought books, mostly fiction, for the kids. She
Milady S. Quito in Venice, Italy, 2011.
wanted them to have a novel, a non-textbook, that they could take home and savor, something they could be with, connect with. Milady was an unapologetic feminist. She co-founded the UCLA chapter of Gabriela Network, a US based, Philippine solidarity organization for women. In this work, she was also an educator, leading educational discussions, creating content and using her crafting skills to make issues come alive. Milady traveled to the Philippines often because of her political work where she lived on the picket line with women workers, studied the environmental damage after the oil spills in Ilo Ilo and never hesitated to speak out and support the militant women’s movement. When she couldn’t go to the Philippines, she helped to send medical supplies, educational supplies and of course, books, to the activists and their families. Milady was generous like that. Her generosity came naturally,
without fuss. It was just a thing she did, a reflex. She was spontaneously generous with her time and energy, stepping up to leadership, whenever needed, in organizing timelines for social justice projects, in taking charge of materials and unwieldy logistics. She also lent the same kind of methodical, detailed process in coordinating itineraries for fun trips. One of the latest ones being to Croatia to visit the place where Game of Thrones was filmed. She did love to travelher favorite cities were Paris and New York, which she tried to visit often. When she came to New York City, for something related to her activist work and/or to visit friends, she made time for a Broadway show or two. Her friends often teased her that she secretly wanted to be a Broadway star. Milady had a powerful singing voice. She loved to sing. That was not a secret, though she u PAGE A5
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DOLE: No complaints about treatment of... PAGE A1 according to Migration Policy Institute (MPI) estimates, making up about 3% of the country’s total undocumented population. “Pero…pagdating sa larangan ng immigration, inaasahan natin na sana na magkaroon ng policy shift under a Democratic administration dahil napakadami ng Pilipino na naninirahan sa Estados Unidos (But…in the area of immigration, we expect there will be a policy shift under a Democratic administration because there are many Filipinos living in the
United States),” said Presidential Spokesperson Harry Roque. “Bagamat mayroon iilan sa kanila ay ‘yung mga tinatawag natin TNT o mga iligal, ay napakalaking papel ang ginagampanan nila sa Estados Unidos at mabigyan sana sila ng pagkakataon na maging legal sa Estados Unidos (Although some of them are TNT or illegal, they play a huge role in the United States and we hope they will be given a chance to become legal in the United States),” he added. Roque also said that they have
trust that the ties between the country and the U.S. will remain stable. “Tiwala naman tayo na dahil napakalapit ng relasyon ng Pilipinas at ng Estados Unidos, patuloy na magiging mas mabuti pa ang ating samahan sa ilalim ng pamumuno ni President Duterte at ni President-elect Biden (We trust that with close ties between the Philippines and the U.S., we will continue and even see better relations under President Duterte and President-elect Biden),” he said. n
Solon: Suspension of VFA termination... PAGE A1 upholding peace and order in the areas around the West Philippine Sea (WPS) but sensitive to the interests of both countries and consistent with mutuality.” He also said that the Philippines is in the middle of the area covered by the Free and Open Indo-Pacific (FOIP) Strategy of the United States. This gives the country a strategic value to the United States, which makes a defense and security agreement between the two countries desirable.
“I don’t see the U.S. changing FOIP Strategy even with a change in administration. It is a national defense and national security issue to them, which usually remains geared towards a specific strategic direction regardless of the party in power,” Biazon said. “The U.S. would like to ensure that Freedom of Navigation remains in the international waters and sea lanes crossing from the Indian Ocean through the WPS to the Pacific Ocean,” he added. The U.S. Embassy in Manila, for
its part, welcomed the extension. “We welcome the Government of the Philippines’ November 11 decision to suspend termination of the Visiting Forces Agreement (VFA) for another six months,” it said in a statement. “The U.S.-Philippines alliance remains vital to our robust, deeprooted bilateral relationship. The United States will continue to partner closely with the Philippines to strengthen our mutual security ties,” the embassy added. n
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HAVING FUN. Unmindful of the floods, youngsters play volleyball along the Emilio Aguinaldo Highway in Kawit, Cavite on Thursday, November 12. The Department of Health has warned the public against wading in floods to avoid water-borne diseases such as leptospirosis. PNA photo by Jess M. Escaros Jr.
LADWP, LA City Council President Nury...
PAGE A3 plans so that customers have much longer to pay their account balance without penalties,” said Martin L. Adams, LADWP General Manager and Chief Engineer. “Providing assistance through the CARES grant on behalf of the City is another way we hope to give our customers some relief as they face unprecedented challenges.” Applicants must be an LADWP residential customer with an online account in order to complete an online application during the program enrollment period of November 2 – 15, 2020. While grants will be allocated via lottery, priority will be given to customers currently enrolled (as of November 1) in one of four
LADWP assistance programs: The Low-Income Discount Program; Lifeline Rate; Life Support Equipment Discount; or Physicians Certified Allowance Discount. Currently, 224,000 LA households are enrolled in one or more LADWP assistance programs. Grant program income limits Applicants who are not currently enrolled in LADWP’s assistance programs but who meet the income requirement and the City of LA – LADWP CARES Utility Grant Program guidelines are encouraged to visit www.ladwp. com//UtilityCARES and review all program and eligibility requirements. The household income require-
ments include a maximum annual gross income of $34,480 for one member in household; $34,480 for 2; $43,440 for 3; $52,400 for 4; $61,360 for 5; $70,320 for 6; $79,280 for 7; $88,240 for 8. Add $8,960 to income for each additional member. Grant award checks will be mailed by December 30, 2020. The utility assistance grant is meant to help residents with costs associated with their gas service; cellular phone; wi-fi; and internet and cable television service. Recipients are encouraged to cash or deposit the grant check immediately because replacement checks cannot be replaced or reissued under the grant funding guidelines. n
Duterte: Arbitral ruling can’t be ignored... PAGE A1
Darrick V. Tan, Esq. Licensed in California for over 17 years Licensed in Nevada for over 12 years* UCLA, Bachelor of Arts, Political Science with Cum Laude honors Southwestern University Law School, Juris Doctor Admitted to U.S. District Court, Central District of California Member, American Immigration Lawyers Association Member, Consumers Attorney Association of Los Angeles Former Member, Board of Governors, Philippine American Bar Association *Inactive
ASEAN in transforming the South China Sea into a sea of peace and prosperity for all,” he said. “We are committed to the immediate conclusion of a substantive and effective Code of Conduct in the South China Sea. And if I may add, it has been a long time and it is a long wait,” he added. Duterte previously brought up the arbitrary ruling when he attended the United Nations General Assembly (UNGA) for the first time on September 23. “The Award is now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish or abandon,” he had said. The president said he rejects any attempt to undermine it. He
also thanked countries and states who have acknowledged the award and what if stands for. “People-centered” approach During the ASEAN Summit, Duterte also stressed that their priority is health security amid the novel coronavirus pandemic. “Our immediate priority is health security. We have to strengthen our health systems by ensuring the unimpeded supply of medical supplies and technologies, and by enhancing early warning systems for health emergencies,” he said. According to Duterte, striking a balance between saving lives and not neglecting the sectors should be the priority in mitigating the impact of the pandemic. “In mitigating the impact of the pandemic, our actions must be
people-centered,” he said. “As we recover, no sector must be left behind. Our efforts should be targeted and inclusive,” he added. Duterte also called for equal access to vaccines against COVID-19. “We must work together to ensure that all nations – rich or poor – will have access to safe vaccines. No one is safe until all of us are safe,” he stressed. The ASEAN Summit, which focuses on the theme ‘Cohesive and Responsive ASEAN,’ was chaired by Vietnam. The summit is expected to adopt more than 10 outcome documents on ASEAN cooperation on the pandemic, preparedness for public health emergencies, and more. n
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Philippine Senate approves bill declaring child marriage a crime by Ritchel
MendiolA AJPress
This photo taken last June 17 shows a general shot of empty famous white beach of Boracay Island in central Philippines, as community quarantine against COVID-19 still continues throughout the country, with foreign tourists still banned on beaches. Philstar.com photo
With no tourist since March lockdown, visitor receipts dip by 79.7% in October by Rosette
Adel
Philstar.com
MANilA — Tourism revenues generated from inbound tourists fell by 79.68% in the last ten months with no tourist arriving since March lockdown. The Department of Tourism recorded an estimated P81.05 billion tourism receipts, almost 80% decrease from the P398.3 billion visitor receipts in the same period last year. in January this year, tourism receipts totaled to an estimated P47.02 billion, up by 9.10% from the same month last year. However, with fewer tourists in the succeeding months, the DOT saw a decline of 40.21% and 83.60% in the months of February and March this year, which are equivalent to P27.12 billion and P6.91 billion receipts, respectively. No tourist spending has been recorded from April to October as travel ban on foreign tourists remains in place amid the ongoing coronavirus pandemic. Tourism traffic in 2020 in view of this, tourism traffic plunged by 80.6% with only 1,318,719 foreign visitors received from January to October. The bureau of immigration recorded 6,800,052 arrivals during the same period last year.
The bureau recorded 787,307 foreign visitors in January this year, an 8.84% jump from 2019 arrivals. Slow down in inbound tourist began in February this year with only 418,126 foreign visitors recorded, a 45.48% drop from the same month last year. On the other hand, only 113,286 arrivals were recorded in March, which is the same month the national government implemented the enhanced community quarantine that limited the public movements in a bid to curb the spread of COViD-19. The Philippines only started implementing a ban on Chinese nationals coming from Hubei, where the COViD-19 ground zero Wuhan City is located, and other places in China on January 31. The government expanded the travel restriction to mainland China and its special administrative regions Hong Kong and Macau in February before it fully closed the country to international tourists mid-March, the same period of ECQ was implemented. The Philippines’ travel ban on China and its SARs briefly included Taiwan but the government has since reversed that decision following uproar from overseas Filipino workers in Taipei. The tourism industry achieved a new milestone last year with
a record-high 8.26 million foreign arrivals surpassing its target of 2019 international arrivals target of 8.2 million. before the coronavirus struck the country, the DOT is eyeing to attract 9.2 million tourists. Domestic tourism first Asked if it planed to reca-
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A bill declaring child marriage illegal in the Philippines has been passed on its third and final reading. Senate bill No. 1371, also known as the “Girls Not brides Act,” was unanimously approved by Senators on Monday, November 9. The measure was principally authored and sponsored by Sen. Risa Hontiveros, chairperson of the Senate Committee on Women, Children, Family Relations and Gender Equality. “The issue of child early and forced marriages is one that is largely invisible to us here in Metro Manila, but it is a tragic reality for scores of young girls who are forced by economic circumstances and cultural expectations to shelve their own dreams, begin families they are not ready for, and raise children even if their own childhoods have not yet ended,” she said after the Senate approved the measure. based on data from the United Nations Population Fund, 1 in every 6 girls in the Philippines marry before the legal age of 18.
The Philippines was also listed as the 12th country with the highest number of children married under 18 years old with 726,000, according to Hontiveros. “Today, we give our girls a
chance to dream, a chance to define their futures according to their own terms. We defend their right to declare when they are ready to begin their families,” Hontiveros said.
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A6 NOVEMBER 14-17, 2020 • LA WEEKEND ASIAN JOURNAL
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O PiniOn Continuing impunity
FeatURes
JUST over a week ago, the International Day to End Impunity for Crimes Against Journalists was observed. The annual observance, approved by the United Nations General Assembly to commemorate the assassination of two French journalists in Mali on Nov. 2, 2013, has not stopped the impunity. last Tuesday morning in Villasis, Pangasinan, Virgilio Maganes was shot dead as he was about to enter his residential compound. The two killers, on a motorcycle, escaped. Maganes, who wrote for the Northern Watch newspaper and was a commentator at local radio station dwPR, had survived an ambush in November 2016 by playing dead. The suspects at the time left a cardboard sign portraying him as a drug suspect. The attempt on his life did not deter Maganes from his work. Maganes became the 18th journalist killed during the Duterte administration and the 190th since democracy was restored in 1986. The UN and press freedom advocates have pointed out that impunity develops when there is a failure to bring murderers to justice. From 2006 to 2019, the UN counts nearly 1,200 journalists worldwide slain in line with their work. in nine out of 10 cases, the killers go unpunished, the UN reported. in the case of Maganes, the 2016 attempt on his
life, which could be linked to his killing, remains unsolved. Will his murder suffer the same fate? The police command in the ilocos Region has formed a task group to handle the case of Maganes. but a Presidential Task Force on Media Security is already in existence, and the murders and impunity continue. The UN noted that impunity is guaranteed to mean more murders, and is a symptom of the breakdown of law and judicial systems. UN Secretary-General António Guterres, in a message marking the special day to end impunity, declared: “if we do not protect journalists, our ability to remain informed and make evidence-based decisions is severely hampered. When journalists cannot do their jobs in safety, we lose an important defense against the pandemic of misinformation and disinformation that has spread online.” UNESCO has also expressed concern that impunity “damages whole societies ruption and crime.” by covering up serious human rights abuses, corUnless murderers are caught and brought to
Editorial
The Fil-Am Perspective GEL SANTOS-RELOS VOTiNG is perhaps the most sacred and consequential right and obligation “We, the People” have been accorded by the Constitution, giving each and every citizen regardless of race, age, gender, socio-economic status, the equal power to steer our beloved country to the direction we deem to be the path toward the greater good in our democracy. After the November 3rd election, we find ourselves again at the cusp as our nation moves in transition. but this election cycle has been different from the elections in the years past, and what happens next depends on us, “We, the People.” let us do a “A Christmas Carol” travelogue and for a moment be Charles Dickens’ character named Ebenezer Scrooge, as we are visited by the “spirits” of Christmas Past, Christmas Present, and Christmas of Yet to Come. let us visit and revisit the state of our democracy, and hopefully just like Scrooge, we find our resolve as we choose the path to take for our nation and our people moving forward. The Spirit of Christmas Past I had the chance to President-Elect Trump last night,
Obama, Trump, Biden: The spirits of our Christmas past, present and yet to come Where are ‘We, the People’ heading, moving forward? about 3:30 in the morning I think it it was, to congratulate him on winning the election, and I had a chance to invite him to come to the White House tomorrow to talk about making sure that there is a successful transition between our presidencies. A lot of our fellow Americans are exultant today. A lot of Americans are less so. But that’s the nature of campaigns. That’s the nature of democracy. It is hard. And sometimes contentious and noisy. And it’s not always inspiring. Sometimes you lose an argument. Sometimes you lose an election. You know, the path that this country’s taken has never been a straight line. We zig, and zag, and sometimes we move in ways that some people think is forward and others think is moving back. And that’s okay. I’ve lost elections before…. That’s the way politics works sometimes. We try really hard to persuade people that we are right. And then people vote. And then if we lose, we learn from our mistakes, we do some reflection, we lick our wounds, we brush ourselves off, we get back in the arena. We go at it. We try even harder the next time. The point, though, is that we all go forward with a presumption of good faith in our fellow
citizens. Because that presumption of good faith is essential to a vibrant and functioning democracy. That’s how this country moved forward for 240 years. It’s how we’ve pushed boundaries and promoted freedom around the world. That’s how we’ve expanded the rights of our founding to reach all of our citizens. It’s how we have come this far. And that’s why I’m confident that this incredible journey that we’re on, as Americans, will go on. And I’m looking forward to doing everything I can to make sure the next president is successful in that. I’ve said before, I think of this job as being a relay runner. You take the baton, you run your best race, and hopefully, by the time you hand it off, you’re a little further ahead. You’ve made a little progress. And I can say that we’ve done that, and I want to make sure that handoff is well executed, because ultimately, we’re all on the same team. The Spirit of Christmas Present After the election, during which Democratic nominee Joe biden has won the majority of the electoral vote now at 306, surpassing the 270-victory mark vs Trump’s 217, and the greatest number of popular votes in the history of US
‘Your Vote Matters 2 Us’: Filipino American mobilized through bipartisan efforts Rhizomes
PROSY ABARQUEZDELACRUZ, J.D. “Never before in the history of American elections has the Filipino American community mobilized, strategized and organized to the degree I’ve seen. For at least the Filipino Americans for Biden/Harris affinity group, there were pockets of staunch and stellar state leaders in some 20+ states working efficiently and effectively to GOTV (Get Out The Vote) – phone banking, text banking, working at the direction of the National organizing committee and strategically (with precision) focusing on how to empower and enliven and ensure the Filipino American vote on ALL levels – national, state, and local. It’s something I have never witnessed in the decades since I’ve been voting.” – Ted benito, Executive Producer of ‘Your Vote Matters 2 Me’ (Nov.
Philstar.com photo
justice in this country, Maganes will not be the last media worker to be killed. (Philstar.com)
8, 2020) “When viewpoints are expressed, we must each endeavor not to attack others for holding differing viewpoints or to ascribe such disagreements as being derived from less-thannoble intentions. Much like Republican President Ronald Reagan and Democratic House Speaker Tip O’Neill and conservative Justice Antonin Scalia and liberal Justice Ruth Bader Ginsburg on the United States Supreme Court, we must restore ourselves to living life according to the highest ideals of our best nature. Only through consistent efforts over an extended period may we truly appeal to the better angels within us all. The time for us to reset is now.” – Ollie Cantos, Esq., former associate director for domestic policy at the White House, under Pres. George W. bush (Nov. 7, 2020) “I have a firm belief in our shared humanity, regardless of political affiliation…I didn’t want to tailor the message specifically for the benefit of getting a specific party or indi-
vidual elected. I opted to focus on encouraging people to think for themselves based on the issues that mattered to them and consequently, to all of us as people. There was a need to see ourselves presented in something that we could all be proud of with a message that, hopefully, resonated across partisan lines.” – Mark A.J.Nazal, Director of Your Vote Matters to Me (Nov. 8, 2020) WiTH these noble, patriotic, and bipartisan Filipino Americans, i was seeing daily messages all the month of October 2020 on why voting matters to us. i wondered if it moved even one voter, and when A.J. Rafael, a musician, got one of his fans to vote, his first and tweeted to him, that was a victory for mobilizing our Filipino American community. Even just one who has not engaged before and is now voting is a success. i was moved when Rev. Cisa Payuyo, whom i have known for three decades as an unassuming woman, gave this message:
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Politics (80,026,285 as of press time, November 13, vs Trump’s 74,800,367 votes), outgoing President Donald Trump refuses to concede, refuses to hand the baton to the President-Elect. instead, Trump desperately and maliciously pushed the baseless conspiracy theory that he warned his supporters about even before the November 3 election, that the only way he would lose was if he got cheated. if his votes would be stolen from him. Despite the fact that judges in courts where he filed lawsuits alleging “widespread election fraud” had said there was no evidence to back his allegations (AbC News); Despite Trump’s own lawyers acknowledging in court that there are observers of Trump in the counting room, contrary to Trump’s claims, a fact corroborated by international observers monitoring our elections (Washington Post, Wall Street Journal, New York Times); Despite the fact that contrary to Trump’s claims in court about rampant voter fraud, his lawyer told the judge that to his knowledge, there isn’t fraud in connection with disputed ballots and that there is no undue or improper influence upon the
elector with respect to the ballots in question (Washington Post, Wall Street Journal, New York Times); Despite the public statement from the president’s own Department of Homeland Security saying “There is no evidence that any voting system deleted or lost votes, changed votes or was in any way compromised,” as determined by members of the Election infrastructure Government Coordinating Council (GCC) Executive Committee, and with the White House either firing or asking officials who debunked election misinformation promoted by Trump online (Axios); Despite a coalition of US federal and state officials having said they have no evidence that votes were compromised or altered in last week’s presidential election, rejecting unsubstantiated claims of widespread fraud advanced by Donald Trump and many of his supporters (Reuters); Despite the statement from cybersecurity experts, which trumpeted the 3 November election as the most secure in American history, amounted to the most direct repudiation to date of the outgoing president’s efforts to undermine the integrity of the contest (Reuters). Trump asked for more investi-
gations, using taxpayers’ money, into alleged widespread election fraud and wanted to fight his legal battles all the way to the Supreme Court. He has also been asking for money as “election defense” donations from his supporters to help pay for legal expenses and to retire his own campaign’s debts. (CNN, Reuter, Washington Post, The Guardian) Trump has ordered his staff not to acknowledge biden’s victory, block all the PresidentElect’s efforts toward a peaceful transition of power including funding which jeopardizes our national security; and as State Secretary Mike Pompeo said during a briefing on Tuesday, November 10: “There will be a smooth transition to a second Trump administration,”(National Public Radio) - a statement that goes against the results of the elections. The Spirit of Christmas Yet to Come On January 20, 2021, President-Elect Joseph “Joe” Robinette biden Jr. will be sworn into office to be the 46th President of the United States, pursuant to the rule of law and the will of the American people. Despite the unwillingness of Donald Trump to hand the baton to his lawful successor, biden
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The future of gig work after Prop 22
Independent contractor status harm most workers Protecting Employee & Consumer Rights ATTY. C. JOE SAYAS, JR. WiTH nearly $200 million in funding from app-based companies like Uber and lyft, California’s Proposition 22 was voted into law by Californians. it is now legal for these app-based companies to classify their drivers as independent contractors (iCs). This means that these drivers are no longer covered by the protections of Assembly bill No. 5, namely: • No right to minimum wage, thus no right to be paid for each and every hour worked • No right to overtime pay for working more than 8 hours per day or 40 hours per week • No right to be reimbursed for business-related expenses • No right to meal breaks and rest breaks during work • No right to the employer’s share of the social security, un-
employment and disability taxes (and no right to collect these benefits if fired or laid off) • No state workers’ compensation protection if injured at work • Not entitled to additional benefits such as sick pay, retirement and profitsharing plans • No protection from wrongful termination of employment • limited protection from discrimination if you are not an app-based driver and your employer tells you that you benefit from being an independent contractor because of purported “flexibility” in setting your work schedule, think of these important rights that you lose. Yes, you lose and employers win when they deny your true status as an employee. Consider the money that employers save when they avoid their obligations to provide these protections. For example, they avoid paying certain taxes that go toward, unemployment, disability, and Social Security. The
UC berkeley law Center reports that between 2014 and 2019, if Uber and lyft had classified their drivers as employees, these companies alone would have paid $413 million into California’s Unemployment insurance Fund. For now, Proposition 22 only applies to app-based drivers. but other industries are expected to try a similar approach. Especially vulnerable are workers who work in healthcare such as caregivers and other personal attendants, truckers, temporary workers, and on-call workers. Even now, many of these workers are asked to sign an independent Contractor agreement (and issued Form 1099 for taxes) even though they may not have been lawfully classified as iCs. True independent contractor status is determined by law, not by contract. The most important factor that determines iC status is the employer’s right to control the worker’s job. if the employer directs the employee on what tasks to accomplish and how to accomplish these tasks, then the worker is an employee. Classi-
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Dateline PhiliPPines
BAYANIHAN. Residents work together to remove a fallen tree from the roof of a vehicle along Pasonaria Street in Barangay Roxas, Quezon City on Thursday, November 12. Typhoon Ulysses swept through Luzon, leaving many areas submerged in floods and scattered debris on roads and streets. PNA photo by Robert Oswald P. Alfiler
Obama, Trump, Biden: The spirits of our Christmas...
PAGE A6 t has already been working hard to build his team, appointed his coronavirus task force so he is ready to implement his plans to defeat COVID-19 and save the lives of the American people and help the country build back better on Day One. Biden is already working hard like he is president while the outgoing president remains busy tweeting, attacking his political opponents and desperately fighting a losing legal battle while the United States has now reached an all-time high of 163,402 new coronavirus cases per day on November 12, adding to 10.6 million confirmed cases, and a death toll of 243,000 and counting. In his victory speech on November 7, Joe Biden said: This is the United States of America. And there has never been anything we haven’t been able to do when we’ve done it together. In the last days of the cam-
paign, I’ve been thinking about a hymn that means a lot to me and to my family, particularly my deceased son Beau. It captures the faith that sustains me and which I believe sustains America. And I hope it can provide some comfort and solace to the more than 230,000 families who have lost a loved one to this terrible virus this year. My heart goes out to each and every one of you. Hopefully this hymn gives you solace as well. “And He will raise you up on eagle’s wings, Bear you on the breath of dawn, Make you to shine like the sun, And hold you in the palm of His Hand.” And now, together — on eagle’s wings — we embark on the work that God and history have called upon us to do. With full hearts and steady hands, with faith in America and in each other, with a love of country — and a thirst for justice
— let us be the nation that we know we can be. A nation united. A nation strengthened. A nation healed. The United States of America. God bless you. And may God protect our troops. QUO VADIS, America? Where are ‘We, the People’ heading, moving forward? *** 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.
The future of gig work after Prop 22
PAGE A6 t fying them as independent contractors is illegal. Our law firm understands that workers are harmed when misclassified as ICs. That’s why we continue to fight in court for these workers, either in individual claims or class actions, often in David-versus-Goliath settings. The law, however, has allowed us
to recover significant amounts of back wages for these misclassified workers. For workers in the non-appbased companies, your rights remain protected. We will continue fighting for you.
*** 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. *** Atty. C. Joe Sayas, Jr. is a Los Angelesbased lawyer. He has devoted his more than 25-year litigation career to protecting workers’ and consumer rights. He has fought for employees discriminated due to disability, race, or sex, including thousands harmed by employer wage theft in both individual and class actions.
LA WEEKEND ASIAN JOURNAL • NOvEmBER 14-17, 2020
A
A NOvemBer 14-17, 2020 • LA WeeKeND ASIAN JOUrNAL
Dateline PhiliPPines
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IMF calls for lifting of bank secrecy law Cayetano’s dare: Jail me if SEA Games anomalies proven by Mayvelin
U. Caraballo ManilaTimes.net
THE International Monetary Fund (IMF) is calling for the lifting of the country’s bank secrecy law to further strengthen the supervisory powers of the Bangko Sentral ng Pilipinas (BSP). “The BSP’s regulatory framework is broadly effective for the size and complexity of the Philippine banking system, but legislative gaps continue to hinder effective supervision of banks,” it said in its latest country report on Thursday, November 12. The IMF explained that significant weaknesses in the legislative framework, arising notably from the bank secrecy law and the lack of power for the central bank to supervise the parent companies and their affiliates of banking groups, “present a material hindrance to effective supervision.” It added that the bank secrecy law states that all bank deposits with banking institutions in the Philippines are considered to be of an absolutely confidential nature and may not be examined, inquired or looked into by any person, including the Bangko Sentral, except in defined circumstances. For instance, the multilateral institution said the BSP has the
power to access supervised bank records to conduct its supervisory work. The BSP has open access to the bank’s board, management and staff, when required, but the laws restrict access to information related to depositors. Also, while there is an exemption from the bank secrecy law pertaining to the reporting of suspicious transactions to the Anti-Money Laundering Council, the central bank is not permitted to share information pertaining to suspicious activities to other relevant domestic and foreign financial sector supervisory authorities for supervisory purposes unless authorized by the Monetary Board. With these, the IMF pointed out that the Bangko Sentral “should be granted unimpaired access to information on all customer accounts, and the ability, without constraints, to employ and share depositor information for any prudential purpose (e.g., funding concentrations from related parties, intra-group dependencies, cash flow analysis, related- party transactions [RPT] and off-site anti-money laundering [AML] data and analysis) in order to fulfill its supervisory mandate to address safety and soundness concerns.”
For its part, the BSP said it echoes the view of the IMF on the importance of lifting the bank deposit secrecy law. “The amendment of the bank deposit secrecy laws will enable the BSP and other financial sector regulators to fully and effectively discharge their supervisory mandates to promote the safety and soundness of the financial sector and protect the depositing public,” it stressed. The central bank added that it recognizes that allowing financial sector regulators unrestricted access to bank records, including depositor information, should be subject to strong professional confidentiality arrangements. Republic Act 1405, or the “Law on Secrecy of Bank Deposits,” was put in place in 1955 to ensure the confidentiality of all types of bank deposits, except when the depositor allows disclosure, in case of impeachment proceedings, upon the order of a court in cases of bribery or dereliction of duty of a public official, or where the deposit is the subject of litigation. The law sought to encourage people to place their money in banks and discourage private hoarding, so that the funds can be used for lending. n
Philippine Senate approves bill... PAGE A6 t “We tell them their health matters to us. Their education matters to us. We give them a fighting chance,” she added. Under the bill, any person who causes, fixes, facilitates or arranges a child marriage will be fined P40,000 or suffer the penalty of prision mayor in its minimum period, which is eight years and a day to 10 years. Should the perpetrator of the child marriage be an ascendant,
step parent or guardian of the minor, the punishment will be prision mayor in its maximum period of 10 years and a day to 12 years, a P50,000 fine, and the loss of parental authority over the minor. Any person who performs or officiates the formal rites of child marriage will suffer the penalty of prision mayor in its medium period, a fine of at least P40,000, and disqualification from office in the case of public officials.
The Philippine Department of Social Welfare and Development has been enlisted to take the lead in the measure’s implementation. The bill was co-authored by Senate President Vicente Sotto 3rd, Majority Leader Juan Miguel Zubiri, Minority Leader Franklin Drilon and Senators Leila de Lima, Emmanuel Joel Villanueva, Maria Josefa Imelda Marcos, Juan Edgardo Angara and Francis Pangilinan. n
With no tourist since March lockdown... PAGE A6 t librate targets this year, Tourism Undersecretary Benito “Bong” Bengzon Jr. in a radio interview in September said the tourism industry can only hope for the best. “Given the changing variables of the current global health situation, the tourism industry can only hope for the best. While an ample financial support from
the government will play a major role in keeping our industry afloat, many factors such as the availability of COVID-19 vaccine and the readiness of destination will play a significant part in regaining tourists’ confidence to travel which will largely determine the attainment of certain targets,” he said in an interview with dzBB on September 21. This week, Tourism Secre-
tary Bernadette Romulo-Puyat said the DOT’s focus is to jumpstart domestic tourism first. “We will continue our thorough inspection of the health and safety protocols in tourism establishments, so when nonessential travel among Filipinos and even inbound travel for leisure among foreign visitors are allowed, these will be ready,” she said last Tuesday. n
FORMER Speaker Alan Peter Cayetano dared his critics to jail him if anomalies are proven in the Philippines’ hosting of the 30th Southeast Asian (SEA) Games in 2019. Cayetano, who was the Philippine Sea Games Organizational Committee (Phisgoc) chairman, hurled the same challenge at Speaker Lord Allan Velasco, who called for a probe of the SEA Games, or SEAG, at the height of the leadership squabble in the House over a month ago. “If there are a few senators or if anyone wants to meet my challenge, why not? May oras ako ngayon. Isa-isahin natin at ‘pag may makita kayo, ikulong niyo ako or itigil natin ‘to, kung ni singko kumita kami dito. But kung hindi, ano naman penalty niyo, magresign kayo (I have time now. Let us look at it one by one and if you see anything, put me in jail or let’s stop this, if we profited even 5 cents from this. But if not, what would be your penalty, for you to resign)?” Cayetano said in a speech he delivered at the 30th SEAG Final Report Book Turnover Ceremony in Taguig City on Wednesday, November 11. “Is Phisgoc open to any investigation? Yes. Eh bakit po may masasakit na salita rin (Then why are there also spiteful comments) versus that? We’re open to inves-
Taguig congressman Alan Peter Cayetano ManilaTimes.net photo
tigation but we’re against witchhunts,” he said. Sen. Ana Theresia “Risa” Hontiveros has called on a “fullblown” Senate investigation of the SEA Games issue. Cayetano said the allegations are part of politicking in the field of sports and government. While he had accused Velasco of using the SEA Games issue in the speakership row, he also said that the impending elections of the Philippine Olympic Committee (POC) had something to do with it. The POC has said it was ready to press charges against the Phisgoc for failure to submit audited financial statements on the sports event. Cayetano said Phisgoc cannot turn over the documents at the moment because a financial au-
dit was taking time to finish. “Once the audit is done, not only will we publish it, but everyone will be free to take a look at all of the numbers,” he said. In a separate press conference after the event, Cayetano reiterated that most of the allegations such as the inconvenience of athletes and food served during the SEA Games and other “fake news” were all politicking. Cayetano called on Hontiveros and other critics to come up with the evidence regarding the anomalies. He vowed to cooperate for the sake of “integrity and transparency.” During the ceremony, the Phisgoc presented the Final Report Book on the SEAG to Cayetano, POC President Abraham “Bambol” Tolentino and Philippine Sports Commission Chairman William “Butch” Ramirez. Phisgoc Chief Operating Officer Ramon Suzara said the book, which will be submitted and delivered to the SEA Games Federation, “details each victory, both big and small; that we have had throughout our colorful and meaningful SEA games journey.” “It served as a historic document representing the hard work that we have all put together as one strong Phisgoc family,” Suzara said. (ManilaTimes.net)
Milady Sy Quito, a Devoted Educator, Dies at 47 PAGE A3 t always scoffed at any praise that came her way. Before being diagnosed with Covid-19, less than a week before succumbing to the virus, Milady had dinner with a few old friends (all subsequently tested negative for Covid). Though she loved her lechon kawali, pansit bihon, and everything Filipino, at this last dinner with friends, she shared a rib-eye steak and mussels in white wine sauce, and, for dessert, a confection of chocolate. She loved her chocolate. Milady loved her family and she was able to spend Halloween with them. She was the ate of two sisters, Helene and Carol and Auntie to their five children, Derek and Leia Jolly, Lei Anh, Jet and Cruz Drake. She dressed up with them, cheered at their soccer games and read them bedtime stories. She had an annual pass to Disneyland, and was always up to take the kids especially to the new Star Wars land.
The week before her death, Milady was in a group text with the same old friends and others living hundreds of miles away. It had been the week of the US elections. There was much bantering and outrageous humor, typical of such gatherings (real and virtual) among her friends. She did love to banter. No topic was too big or too small—politics, the perils of social media, Filipino telenovelas, K-pop, books. Milady’s favorite book was Le Petit Prince / The Little Prince by Antoine de Saint-Exupéry. She had copies of it in multiple languages. She either bought them herself or were bought for her by friends whenever they traveled and stumbled on a copy. Her life seemed to have mirrored the themes in that novella: open-mindedness as that of a childlike mind, growth through external and internal explorations, relationships being at the core of what it means to be human.
In her Principal’s message to her school community for the schoolyear, Milady cheered on the students, the parents, and the staff, making sure everyone stayed motivated and connected, that all students were given support to access distance learning. Her school’s theme this year is “Be Brave.” She said, “Never give up hope, no matter how dark things seem.” As with The Little Prince, Milady urged them to remember to look up at the stars, whatever that may represent for them—light, direction, grit, community, hope… Milady was a Filipina American, born in Japan and grew up in California. She is survived by her mother, 2 sisters, 5 nieces and nephews, and countless friends, women whom she referred to as sisters, in the most intimate and deepest sense of the word, from California to New York, from the Philippines to Holland. (Contributed by Annalisa Enrile and Dorotea Mendoza)
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The Pope of Buddhism His Holiness Dorje Chang Buddha III The conferment of the Pope of Buddhism to his holiness Dorje Chang Buddha III originated in January 2018 when the World Peace Prize Awarding Council and World Peace Prize Religious Leaders Title Awarding Council passed the resolution to confer to h.h. Dorje Chang Buddha III the title of Pope of Buddhism, the highest leader of Buddhism in this world. however, his holiness the Buddha refused to accept the conferment. For the sake of propagating Buddha Dharma and benefitting living beings, the World Buddhism Association headquarters took the liberty to accept the conferment decree and the Pope of Buddhism Scepter. When the World Buddhism Association headquarters respectfully presented the Pope of Buddhism Scepter and conferment decree to h.h. Dorje Chang Buddha III, his holiness the Buddha III said: “I see that on top of this Scepter is the seated Shakyamuni Buddha, we should be respectful to Namo Shakyamuni Buddha.” his holiness the Buddha then raised the Scepter above his head and made a symbolic closed palm gesture with one hand to express his respects. however, h.h. Dorje Chang Buddha III also expressed that he is just a humble cultivator and resolutely would not accept such a conferment. hence, his holiness the Buddha immediately returned the conferment decree and the Pope of Buddhism Scepter to the two Councils. On September 23, 2020, the World Peace Prize Awarding Council and World Peace Prize Religious Leaders Title Awarding Council passed an ultimate joint resolution, determining that the return of the Pope of Buddhism Scepter and conferment decree by h.h. Dorje Chang Buddha III was not effectible. On September 24, the joint Chair of the World Peace Prize Awarding Council and World Peace Prize Religious Leaders Title Awarding Council Suzi Leggett made the ultimate announcement at the holy Miracles Temple of the World Buddhism Association headquarters: “Over the past several decades, the World Peace Prize Awarding Council has presented the World Peace Prize to presidents, spiritual leaders, and prime ministers of many nations, including President Ronald Reagan, hon. Mahatma Gandhi, and h.e. Yitzhak Rabin. There has never been a precedence of an award being retracted or returned. All determinations made and implemented by our Councils are very solemn, serious, and absolutely cannot be changed. The return of the Pope of Buddhism Scepter and conferment decree by h.h. Dorje Chang Buddha III is deemed not effectible. The title, status, and authority of the Pope of Buddhism belong only to h.h. Dorje Chang Buddha III, and cannot be exercised by anyone else.” Chair Leggett once again requested that the World Buddhism Association headquarters accept and present to h.h. Dorje Chang Buddha III the Pope of Buddhism Scepter and conferment decree that his holiness the Buddha previously returned.
Representing the World Buddhism Association headquarters, Venerable Mozhi Rinpoche accepted the conferment decree and Pope of Buddhism Scepter. he said during his speech, “The World Buddhism Association headquarters considers that the decision made by the two Councils is remarkably proper and sagacious. “ever since Namo Shakyamuni Buddha entered parinirvana, there has not been a supreme leader who has the authority to guide all Buddhists the same way that the Buddha did. however, the authoritative position of the Pope of Buddhism certainly is not a role that a leader of a single Buddhist sect would have the attributes to fulfill; rather, the Pope must be a leader who has authority over the entirety of Buddhism, namely, a Buddha. “Namo h.h. Dorje Chang Buddha III holds the perfect teachings of Buddhism and meets the criteria used by all Buddhist sects to recognize a Buddha. his inherent nature is in accord with that of a Buddha. his unsurpassed, complete, and perfect enlightenment is in accord with that of a Buddha. Just based on the accomplishment of h.h. Dorje Chang Buddha III in Lifting the Pestle onto the Platform, surpassing his own base weight standard by 59 levels, no one else can possibly reach such a record. “The state of virtue of h.h. Dorje Chang Buddha III is that of a Buddha. his holiness the Buddha has perfect mastery of exoteric and esoteric Buddhism, perfect accomplishments in the Five Vidyas, and so forth, all of which accord with the unsurpassed, complete, and perfect enlightenment of a Buddha. “In more than 2,000 years, there has not been a Buddhist holy Guru in this world who possesses the same Buddha level qualities. Just by the facts that h.h. Dorje Chang Buddha III vowed and carries out the vow to benefit living beings purely on a voluntary basis and does not accept any offerings throughout his entire life, and that he possesses perfect wisdom and unimpeded accomplishments, no other holy Guru can be of comparison. Only Namo h.h. Dorje Chang Buddha III can take on this immensely noble, holy, and heavy responsibility of the Pope of Buddhism, to properly guide Buddhists onto the correct path of learning Buddhism. “Therefore, on behalf of Buddhists, the World Buddhism Association headquarters thanks the World Peace Prize Awarding Council and the World Peace Prize Religious Leaders Title Awarding Council for having made the ultimate decision.” h.h. Dorje Chang Buddha III is selfless and noble, and the first person in Buddhism to possess substantive holy realization power of a Buddha and perfectly flawless accomplishments at the pinnacle of the Five Vidyas. These are the qualities that no other eminent Buddhist monastic or virtuous person in this world has so perfectly attained. It is naturally a matter of course that h.h. Dorje Chang Buddha III is the veritable Pope of Buddhism. n
The Pope of Buddhism H.H. Dorje Chang Buddha III
DOJ wants De Lima lawyers cited ‘Your Vote Matters 2 Us’: Filipino American... in contempt for talking about trial by Kristine Joy
Philstar.com
Patag
MANILA — The Department of Justice is set to file a petition to cite in contempt the lawyers of Sen. Leila De Lima for publicly discussing the trial proceedings. Prosecutor General Benedicto Malcontento said De Lima’s lawyers are doing something contemptuous as it violates the sub judice (before a judge or court) rule. “You are not supposed to discuss the merits of the case outside of the courts. That is not allowed,” Malcontento said in a mix of english and Filipino. he added that they will file the petition by next week. De Lima’s trial has entered its fourth year, and the recent hearings saw government investigators and New Bilibid Prison inmates taking the witness stand for the prosecution, according to statements from the senator’s office. Reporters were allowed to cover the in-court trial before the pandemic. The Supreme Court in October allowed public access to online trial court hearings, subject to the discretion of the judge. In at least past three hearings, De Lima lawyer Filibon
Sen. Leila De Lima
Philstar.com file photo
Tacardon said, an Anti-Money Laundering Council investigator and Philippine Drug enforcement Agency forensic examiner testified that they found no suspicious transactions between the senator and drug convicts. Last week, Tacardon said convict Vicente Sy recanted his testimony that he gave money to help fund De Lima’s senatorial campaign. Malcontento asserted that prosecution witnesses did not recant their testimony against De Lima. “What happened was, the short answer of the witness, that is what is picked up and discussed by the media, but not the
entire testimony,” he said. “Now, it is not fair because we have to respect the independence of our courts. We will not engage in that kind of thing,” he added. DOJ policy: Do not engage Malcontento also said that they are following a policy from Justice Secretary Menardo Guevarra that they will only engage in the battle in courts, and not in the media. Guevarra also asserted it has long been the policy of the DOJ to not discuss the merits of a case pending in court. In a separate message to reporters, Guevarra added he asked prosecutors to “consider filing of petitions to cite for contempt certain persons who knowingly make comments or render opinions on the probative value of evidence being presented to court, with clear intent to influence the judge’s appreciation of the evidence.” De Lima has been in detention since February 2017 over the drug cases against her. She has since moved for the grant of bail in two cases pending before the Muntinlupa courts. She also moved for the dismissal of the disobedience to summons case at the Quezon City court. n
DECORS. A vendor sells different types of lanterns and lucky charms for the Year of the Ox at Molino Homes II Subdivision, Barangay Salitran 3, Dasmarinas City, Cavite on Friday, November 13. With just 42 days before Christmas, many Filipinos are buying decorations to adorn their homes for the holiday season amid the coronavirus disease pandemic. PNA photo by Gil Calinga
PAGE A6 t “We have a moral obligation to take care of this country and to take care of each other.” It felt like the heavens opened up, a prelude of gloomy gray skies strong rains for ten minutes, and then, a beautiful rainbow and a sunny day on Nov. 7, a Saturday. Cold winds came on Sunday followed by snow-dusted mountaintops, and thick white clouds on Monday. Blue skies greeted us on Veterans Day. Appropriately, as when the ballots got counted, military soldiers overseas voted 4 to 1, in favor of President-elect Joe Biden, as reported by CNN. Walter Talens, co-producer of Your Vote Matters 2 Me, a US Army veteran emailed me, “We spent so much effort telling locals in Afghanistan and Iraq the importance of voting despite their apathy and suspicion towards the process. The Afghans and Iraqi’s literally risked their lives to get the opportunity to vote, yet some of my fellow Americans take this right for granted.” But, Talens can smile now as a record number of nearly 160 million Americans voted by mail and in-person, braved strong rains, long lines and even the existential threat to their lives, the coronavirus. As of Nov. 9, the virus has claimed the lives of 238,053 in the U.S and with 10,036, 282 new confirmed cases and California’s 3.7 positivity rate, second in new cases of 978,881 with 17, 985 deaths to Texas’ 997,258 new cases and 19,221 deaths. Joe Arciaga, producer of Your Vote Matters 2 me, underscored the importance: “As a father, grandfather, U.S. Army veteran, immigrant person of color, healthcare frontliner, as someone who cared deeply about our community, civility, Truth, rule of law, honor, science and the Common Good, I felt dutybound to take action, to work for change and to contribute to the cause. I felt that if we didn’t act now, the America our progeny will inherit would not be the same America that has embodied freedom, justice, equality, prosperity – ideals that moved us and those who came before us to seek haven here.” It was a definite blue America, Biden’s 74,446,452 votes, still growing a lead, as votes were counted transparently, using
webcams, live streaming, which surpassed Trump’s 70,294,341 votes, according to CBS News, on Nov. 7. Trump exceeded Barack Obama’s 69,498,516 votes in 2008. CNN reported 87% of Black Americans turned out to vote for Biden/harris on Nov. 3 and 82% of young Asian Americans voted for Biden/harris. Cuban Americans voted overwhelmingly for Trump, as did the southern states. Memes of John Lewis, Kobe Bryant, Ruth Bader Ginsburg were illustrated as angels in conference with Alex Trebek, who died Sunday morning. In 2018, Prof. Dawn Mabalon passed away, yet how prescient her tweets were. When Prof. Dawn Mabalon met Joe Biden in 2018 in San Francisco, she tweeted Prof. Allyson Tintiangco-Cubales, her best friend, who tweeted back: “What did you say to him?” “I leaned in and whispered,” you gotta read that Fire and Fury book. Ok, I whispered ‘You and Kamala, 2020.’ Ok but for real it was so quick. he was trying to leave and not cause a big ruckus. It was a smile and click and done,” Dawn shared. In 2015, I met then-Vice President Joe Biden at West LA Community College, accompanied by Rep. Karen Bass. he spoke about protecting women and their vulnerabilities to sexual assault on campuses. he spoke of his compelling work on Violence against Women legislation. I witnessed how considerate he was to the students and thoughtfully responded to their questions. Cathy Sanchez-Babao in a recent Facebook post recalled: “In 2017, [Biden] released a book entitled, ‘Promise Me, Dad.’ On page 201 he recalls one of the final moments in 2015 when Beau asked to speak to him in private. “I know no one in the whole world loves me as much as you do. I know that. But Dad, look at me. Look at me. I’m going to be okay no matter what happens. I’m going to be ok, Dad. I promise you. I was jolted by the realization that my son was beginning to make peace with his own death. Then he leaned across the table and put his hand on my arm. “But you’ve got to promise me, Dad, that no matter what happens, you’re going to be all right. Promise me, Dad.”
“I’m going to be okay, Beau,” I said, but that wasn’t enough for him. “No, Dad, he said. “Give me your word as a Biden. Give me your word, Dad. Promise me, Dad.” I promised, Joe Biden wrote. Cathy Sanchez-Babao speculated: “Tonight, five years later I want to believe that as President-elect Joe Biden looked up at the skies in Wilmington, emblazoned with fireworks in red, white and blue, he was probably whispering to Beau in his heart, “See, son. I kept my promise. This is for you.” With the promise Joe Biden made to Beau, also came Biden’s choice of Senator Kamala harris, who had a close friendship with then Delaware Attorney General, Beau Biden, who was taking on the mortgage industry. harris became the first woman VP-elect, first of Jamaican and Indian descent, a graduate of hBCU, and one who sought justice from the reckless multibillion mortgage lending done by the large banks who had securitized these loans, betting on getting paid, even if homeowners defaulted. The banks were found to be squeezing monies on both ends, as mortgage payments by the homeowners and as paid securities when the securitized mortgages defaulted. It led to a national settlement of $20 billion, done against Bank of America, Wells Fargo, JP Morgan Chase, Citigroup and Ally Bank (formerly GMAC), when she served as California Attorney General in 2012, arrived at by several states, the federal government, and the “American banks over the predatory mortgages that helped sink the economy, as reported by The Atlantic.com, Aug. 20, 2020. With that promise to Beau, the first Sunday after the election, President-elect Joe Biden visited the grave of his late son with his grandson and daughter-in-law. Promise kept to Beau meant a new purpose for Joe Biden: to heal America to value truth over thousands of lies, fairness in news media and governance over fiction, rule of law, integrity of public service over corruption and private gains, protect Mother earth over climate change denials and to rebuild PAGE A10
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PH to borrow $300M for COVID-19 vaccine by Keith
Calayag ManilaTimes.net
THE Philippine government intends to borrow $300 million for the purchase of coronavirus disease 2019 (COVID-19) vaccine, President Rodrigo Duterte said following reports that a vaccine developed by Pfizer and German partner BioNTech was 90% effective. “Nandito na ang bakuna (The vaccine is here). It would be not good to assume that there’s a black market for that, but [Finance Secretary Carlos] ‘Sonny’ [Dominguez 3rd] said that he can borrow money of 300 million dollars. Malaki iyan. Makakabili tayo
(That’s big [money]. We can buy),” the President bared on Monday night. Duterte had said he wanted all Filipinos vaccinated against Covid-19, but that he was not inclined to shoulder the inoculation of those who can afford it. He reiterated that the poor will be a priority. The President assured the public that money to purchase the vaccine would not be a problem. “Basta mabakunahan kayo. Kailan? Maghintay lang tayo. Pera? Makahiram tayo kaagad. Ang supply ang problema. Kung sino iyong country nakapagimbento, naturalmente unahin niya iyong mga tao niya (You
will be vaccinated. When? Let us wait. Funding? We can borrow. The problem is the supply. Whichever country invents a vaccine, of course the people there will be vaccinated first). That’s the reality of life,” he said. “So, the vaccine is near. There is hope for mankind,” Duterte added. Philippine Ambassador to the United States Jose Manuel Romualdez earlier said Pfizer would ensure the supply of Covid-19 vaccine to the Philippines once it is approved for distribution. Pfizer would likely start its production this year and would prioritize the U.S. in the distribution, he added. n
‘Your Vote Matters 2 Us’: Filipino American... PAGE A9 t the ravaged economy from coronavirus and racial justice over white supremacy. When Rep. James Clyburn took risks to say, “We know Joe and Joe knows us,” it gave permission for the states to Joe Biden as their presidential candidate. From that, it seemed a new gate was opened by the heavens. “I need to know whom you are voting for,” Mrs. Jannie Jones, a 76-year-old who wanted to know whom Clyburn would be voting for in the South Carolina primary. When she heard his response, she asked him to make that decision known. “It wasn’t James Clyburn, it was Mrs. Jones who wanted me to stand up,” Rep. Clyburn told CNN, and he stood up. prompted by Mrs. Jones. Sierra Club and Filipino Americans’ Get Out The Vote Campaigns I was fortunate to have joined the Sierra Club’s Facebook live meeting moderated by Executive Director Michael Brune with their key political directors. I perked up knowing they had done so much mobilizing efforts via postcards, texts, letter writing, phone calls and deployed poll workers to help out. Ted Benito convened a group, Your Vote Matters 2 Me, to answer the call for action to mobilize the votes. He is registered independent, raised by a mom who was a Democrat and a father who was a Republican.
He said, “I was struck by the outspoken brashness of Mark Nazal whose unique perspective was: ‘the strength of our message (whether it be to encourage people to register, to vote or for a specific candidate) was rooted in communicating the point that decisions from those elected to office affected everybody and messaging should focus on discussing issues important to the voters. I also produced a GOTV night of empowerment featuring Asian Pacific Islanders celebrities, elected officials and an appearance by Speaker Nancy Pelosi. It featured Tamlyn Tomita, Tia Carrere, David Jenkins, Travis Atreo, AJ Rafael, Keiko Agemi and Lou Diamond Phillip’s hosted by MSNBC’s Richard Lui.” Ballot counting was livestreamed via webcams and observers from both Republican and Democratic parties observed the process. So when Trump announced filing lawsuits left and right, many television panelists wondered why, what is the legal issue being litigated, on what legal grounds, and the lawsuits were being dismissed. ABC News reported that judges in Nevada, Georgia, Pennsylvania and Michigan have rejected the Trump campaign’s efforts to halt the counting process and NY Times’ Peter Baker wrote that former President George W. Bush congratulated Pres.-Elect Joe Biden Jr. “I extended my warm congratulations and thanked him
99 ranch fpfc
for the patriotic message he delivered last night,” Bush said and continued, “The American people can have confidence that this election was fundamentally fair, its integrity will be upheld, and its outcome is clear.” Two days ago, I requested a Republican friend, whom I highly respect, Ollie Cantos for quotes, read above. Both of us exchanged our desires to find the common ground in everyone. “Nations will come to Your light and Kings to the brightness of Your dawn.”(Isaiah 60:3) and we exchanged I love you, my friend, by texts. Imagine that? *** 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. *** Prosy Abarquez-Delacruz, J.D. writes a weekly column for Asian Journal, called “Rhizomes.” She has been writing for AJ Press for 12 years. She also contributes to Balikbayan Magazine. Her training and experiences are in science, food technology, law and community volunteerism for 4 decades. She holds a B.S. degree from the University of the Philippines, a law degree from Whittier College School of Law in California and a certificate on 21st Century Leadership from Harvard’s Kennedy School of Government. She has been a participant in NVM Writing Workshops taught by Prof. Peter Bacho for 4 years and Prof. Russell Leong. She has travelled to France, Holland, Belgium, Spain, Portugal, Japan, Costa Rica, Mexico and over 22 national parks in the US, in her pursuit of love for nature and the arts.
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Biden’s compassionate immigration platform Immigration Corner Atty. MichAel Gurfinkel, eSQ JOE Biden has been declared the winner of the 2020 presidential election. He promises a radical change from Trump’s strict enforcement policies to a policy emphasizing compassion, leniency, and possibly even amnesty, MORE ANSWERS TO YOUR IMMIGRATION QUESTIONS ON A BRAND-NEW EPISODE OF CITIZEN PINOY! Leading U.S. Immigration Attorney as spelled out in the Democrat Michael J. Gurfinkel (left) answers several immigrations questions on this Sunday’s episode of Citizen Pinoy. Weng from Ewa, HI (center) party’s platform. As stated on asks if it is possible to get the sons of her recently deceased sister. Their mother petitioned her married sister with sons aged 21 and 17 their website, “Immigrants are years old. Unfortunately, her sister died earlier this year. Can Weng and her mother still bring her sister’s two children to the U.S.? Claro essential to our society and our of Edmonds, WA (right) has a brother-in-law who was petitioned by his U.S. citizen father-in-law. But the father-in-law is now retired and economy. Immigrants are part has been staying in the Philippines for several years. Should his father-in-law come to the U.S. temporarily to fulfill domicile requirements for the brother-in-law’s petition? These are just some of the questions that Attorney Gurfinkel (left) will answer on a brand-new episode of our families. They enrich our of “CITIZEN PINOY: Your Tanong, My Sagot – Social Distancing Style,” this Sunday, November 15 at 6:15 pm PST/EST (9:15 pm EST thru culture. They grow our food, care select Cable/Satellite providers). (Advertising Supplement) for our loved ones, serve in our Armed Forces, and provide critical healthcare services. Immigrants make America stronger.” Among the highlights of their planned changes to U.S. immigration policy are: • End funding and construction of the southern border wall. By Ritchel Mendiola • End the Muslim travel ban AJPress • End Trump’s immigration FILIPINA-IRISH Kim Layne of ban, where he had put a freeze Idaho on Tuesday, November 10 on green cards for new immiwon 1st runner-up in the Miss grants who were applying from USA 2020 beauty pageant. abroad. Layne, 26, placed second to • Reinstate, expand, and Asya Branch of Mississippi who streamline protection for Dreamwas crowned Miss USA and will ers (DACA) and the parents of represent the United States in the American citizen children (DAPA) upcoming Miss Universe 2020 to keep families together in the beauty pageant. U.S. Layne was born and raised • Provide a “roadmap to citiin the state of Idaho. Her father zenship for the millions of unis Irish, while her mother is documented workers, caregivers, Filipino. students and children who are In her Miss USA profile, she Miss USA 2020 first runner-up Kim Layne Photo from Instagram_@kimlayne an essential part of our economy said she graduated from Cornell and the fabric of our nation.” University with honors in re- disabled, Vietnam veteran who phis, Tennessee. (Amnesty?). search. Currently, she is studying used to travel, hunt, camp & fish. Arruda, 18, advocates for au• Halt enforcement and reat Washington State University He couldn’t be in the audience tism awareness after her brother pursuing a Doctor of Veterinary last night because of his medical was diagnosed with autism, and Medicine degree, and a Master conditions and being immuno- hopes everyone can build a world of Public Health at the University compromised but I brought him that is accepting and inclusive for of Minnesota. up there with me,” Layne said all people. Layne is passionate about in an Instagram post after the In a post-pageant interview, by Ratziel San Juan health promotion and disease pageant. she revealed that Filipina beauty Philstar.com prevention, and has dual citizenMeanwhile, another beauty queen Catriona Gray is her favorKAPAMILYA star Liza Sobership in the Philippines. queen with Filipino blood won a ite Miss Universe winner. She was crowned Miss Idaho pageant this year. “I’m a little biased towards Ca- ano has shed some light on her Teen USA in 2012. Filipina American Ki’ilani Ar- triona because I am half-Filipino month-long social media black“Three words: I did it! My ruda bested 50 other candidates myself. Her reign was so amazing, out. The actress on Tuesday, Nofather’s military dog tags are for the crown of Miss Teen USA and I’ve always looked up to her as vember 10 posted about why beneath this gown. He is a 100% on Saturday, November 7 in Mem- a role model,” Arruda said.
Filipina-Irish named runner-up to Miss USA 2020
scind Trump’s “immigration wealth test,” or Trump’s new, strict public charge regulations. • Fast-track legalization for essential workers to the pandemic, including healthcare workers and others • Reduce application backlogs and waiting times, and make our immigration processes faster, more efficient, and less costly, eliminating “unfair barriers to naturalization.” • Reaffirm America’s commitment to family-based immigration by reversing Trump’s decision to slash family-based immigration (Trump had wanted a merit-based system and to reduce visas for family members). • Treat spouses and children of green card holders (F-2A) the same as “immediate relatives” (spouse and children of U.S. citizens), meaning spouses and children of immigrants would be immediately eligible for green cards, and possibly can apply for green cards in the U.S. if out of status, thereby ending their unfair separation. • Eliminate family-based green card backlogs and reform the system to speed up familybased visas. (Could categories such as married children of U.S. citizens and brothers and sisters of U.S. citizens now be faster? People may want to hurry and file those petitions!) • End the 3/10 year bar (so that perhaps a provisional waiver would no longer be needed?) • End workplace and community raids, as well as protecting immigrants at sensitive locations like schools, houses of worship, hospitals, and DMV from immigration raids. • Bring back “prosecutorial discretion” for deserving cases, where the government will no longer go after people who really do not pose a threat to society,
and instead go after felons, terrorists, and other bad people. Let us hope Biden will follow through with these proposals and ensure laws are enacted for the benefit of the millions of undocumented immigrants. If there will be changes in the law, and you believe you could benefit, I would strongly advise that you consult with an immigration attorney and have the immigration attorney assist you in applying for those benefits. Even with a pro-immigration administration, there are still many requirements to be met, and hiring an attorney could greatly increase your chances of success in achieving your American dream. *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different, and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader. WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelLaw, Twitter @GurfinkelLaw and Youtube: US Immigration TV Call Toll free to schedule a consultation for anywhere in the US: 1-866-487-3465 (866) – GURFINKEL Four offices to serve you: LOS ANGELES ∙ SAN FRANCISCO ∙ NEW YORK ∙ PHILIPPINES (Advertising Supplement)
Liza opens up about ‘very trying time’ she has been missing-in-action and how she has been spending her time recently. “Hi everyone! Sorry I’ve been MIA for a while. Just savoring the time I have with the people most special to me. But I do constantly have all of you at the back of my mind and I just want
to say thank you so much for all the love and support everyone has been showing me this past month,” Liza posted on Twitter. The 22-year-old is currently in the United States, where she is caring for her ailing grandmother. PAGE B5
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Seafood City Supermarket launches Family-based immigration questions take center stage on an all-new ‘My Online Suki’ rewards program, episode of Citizen Pinoy this Sunday holiday meal packages
SEAFOOD City Supermarket and Grill City introduces “My Online Suki,” which offers customers with exclusive online frequency rewards and specials through the supermarket’s mobile app. Customers who register online can now enjoy exclusive introductory rewards from Seafood City and Grill City after shopping for a number of times. These include a free case of 24 pack SFC bottled water from Seafood City, or free 2 item combo meal from Grill City on a customer’s third time to shop; free 10lbs of Long Life calrose rice from Seafood City, or free 4pcs of BBQ value from Grill City on the sixth time; free 12 pack of Pamana champorado from Seafood City or 1pc crispy pata from Grill City on the ninth time; and free 25lbs of Pamana jasmine rice from Seafood City or 1pc Cebuchon from Grill City on the 12th time. Seafood City has a $60 minimum purchase to count as a frequency transaction, while Grill City has $20 minimum purchase. Through their online apps, customers can now also preorder products online to avoid the rush brought by the holiday season. For Seafood City, customers need to select the shop or store they prefer on the app, reserve the date and time of the delivery, and choose whether they want pickup or delivery. With Thanksgiving and Christmas approaching, Grill City is encouraging customers to place their orders for party packages and trays in advance to avoid the holiday rush. Through the app or Grill City’s hotline (1877-446-4969), customers can reserve the date and time of the delivery, and choose whether they want pickup or delivery. The pre-orders have a lead time of 15 days before pick-up or delivery, giving enough time for the stores to meticulously prepare the orders and successfully serve their customers. Grill City has also announced a Holiday Party Package for
CITIZEN Pinoy seeks to provide answers to families who have questions about the latest immigration policies and how it affects them. Claro of Edmonds, WA has a brother-in-law who was petitioned by his U.S. citizen father-in-law, who is now retired and has been staying in the Philippines for several years now. Must his father-inlaw come to the U.S. temporarily to fulfill domicile requirements for the brother-in-law’s affidavit of
Pastor’s Notes
Cebuchon Party Package
ReveRend Rodel G. BalaGtas
Krispy Pata Party Package
$109.99 (plus tax) that can feed between six to eight individuals. The options include: the Cebuchon Party Package with a full Cebuchon slab, 2 pieces of Hardinera, half try of pancit bihon and 2 leche flans; the Crispy Pata Party Package with 3 Crispy Patas, 2 pieces Hardinera, half tray of pancit bihon and 2 leche flans; the Crispy Bagnet Party Package featuring a 4.5 lb bagnet, 2 pieces Hardinera, half tray of pancit bihon and 2 leche flans; or the Barbecue Party Package with 18 pieces of pork or chicken BBQ, 2 pieces Hardinera, half tray of pancit bihon and 2 leche flans. The promo is available at any Grill City U.S. location and should be ordered at least three days before pick-up. Famous for its Filipino-style pork and chicken barbecue, Grill City serves authentic Filipino grilled favorites. It offers delicious grilled choices like inihaw na liempo (grilled pork belly),
Crispy Bagnet Party Package
stuffed squid and fish (tilapia, pompano and bangus). As side dishes, classic Pinoy viands are available like adobo, kare-kare, sinigang, nilaga, bopiz, kaldereta and menudo. With Grill City, families can enjoy delicious grilled and classic favorites with authentic Pinoy ingredients, without the hassle of cooking and grilling at home. Seafood City Supermarket offers quality and authentic Filipino specialties at the most affordable prices. Launched in 1989, it was the first-ever grocery store that Filipino-Americans could go to, which had led to more stores opening all over California, followed by stores in Nevada, Washington State, Hawaii and Chicago. Seafood City’s locations included iconic Filipino brands like Jollibee, Red Ribbon, Chowking, Philippine National Bank, Atlas Remittance and other brands popular to Filipinos anywhere in the world.
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IF someone were to ask me my understanding of leadership, I would say, “It is empowering others to exercise their God-given gifts for the benefit of others and God’s Kingdom.” I say this because I believe that everyone has abilities and talents to grow and share with other people and society. It has always been the narrative of my pastoral leadership. I don’t merely exercise my power; I share my power. I delegate responsibilities and allow others to join me in the ministry of building God’s Kingdom here on earth. I don’t believe in being a lone ranger in ministry. Neither did Jesus believe in this approach. Otherwise, Jesus would not have called and chosen the Twelve Disciples. When he sent his disciples to go out and spread the
support? Weng of Ewa, HI shares that her U.S. citizen mother petitioned her married sister in 2005. Unfortunately, her sister died in February 2020. She has two sons aged 17 and 21 years old. What happens to her sister’s petition? Can the family still bring her two sons to the U.S.? A person who crossed the border 27 years ago (EWI) and remains undocumented is asking
if either her green card holder husband or her U.S. citizen daughter can petition her. Find out the answers to these questions and more on another informative and brand-new edition of “CITIZEN PINOY: Your Tanong, My Sagot – Social Distancing Style” this Sunday, November 15 at 6:15 pm PST/EST (9:15 pm EST thru select Cable/Satellite providers).
(Advertising Supplement)
On leadership
Gospel, he sent them in twos. He knew the power of teamwork, cooperation, and mutual support. This is so true as we reflect on the Gospel this Sunday—The Parable of the Talents. A man called his servants to distribute some of his possessions. To one, he gave five talents, to another two, to a third one—each according to his ability. He expected them to use these gifts and make them grow. By sharing his possessions and delegating them to multiply these gifts, the man in the parable was exercising effective leadership. If he wanted to expand his influence on others and be more productive, he had to share his power and call others to task. I stand firm on this view of leadership. Sharing one’s power and delegating responsibilities are the best strategies for building a community and growing as a church. It’s why our church continues to exist and thrive despite the challenges of the pandemic. We could not succeed
without the support, cooperation, leadership of our staff and volunteers. Of course, we need to provide people with resources to develop their capabilities. That’s what the man in the parable did. He equipped his servants with enough resources to enrich their lives. They left happy and came back delighted, except for one who only received one talent. Was this servant who received only one talent resentful that he received the least amount? Is that why he buried it in the ground to return it at the time of accounting? If so, then he’s like other people who blame God and others for the scarcity of their lives and never do anything with the little they have. Or he’s like someone who gets jealous of the power and influence that other people have in the community but does not do anything significant himself to benefit others. All this person does is criticize others. In the parable, the man who received one talent came back PAGE B7
Liza opens up about ‘very trying... PAGE B2 Last month, Liza was redtagged on social media and even received warning from military official Lt. Gen. Antonio Parlade Jr. against affiliating with women’s group Gabriela. This was after she spoke as a special guest during the
Gabriela Youth webinar “Mga Tinig ni Nene: Reclaiming Our Voice on the International Day of the Girl Child.” “It’s honestly been a very trying time for me and I wanted to express how I was feeling with all of you but it was just too soon for me. I needed to take a break and think about
life, my goals and what I think my mission is in life,” Liza wrote. Over the past few months, Liza also went through filing a criminal complaint for a rape remark as well as dealing with bashers for her stance against the release of US Marine Joseph Pemberton.
B NOVEMBER 14-17, 2020 • LA WEEKEND ASIAN JOURNAL
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Stock winners in a Biden presidency Dealing with assets omitted Tax Tips Victor Sy, cPA, mBA & roger L. orieL THE projected Democrat Blue Wave did not materialize as Republicans kept control of the Senate. This limits what President-elect Joe Biden can do. It restrains his ability to significantly increase taxes or impact health care and climate legislation. Technology In a split Congress with a Republican Senate and Democratic house, technology stocks will perform well in a Biden administration. Health care A divided government means less impact on health care. Without the blue wave, dramatic changes to health-care policy and drug prices are less likely. It’s doubtful that aggressive Democratic policies on drug pricing will pass a GOP Senate. Infrastructure President-elect Biden’s infrastructure plan is geared toward green jobs and clean energy
Tapat Sa Batas Atty. rheA SAmSon ANG isang karaniwang paraan ng pagkuha ng green card ng dayuhang nasa loob ng U.S. ay sa pamamagitan ng family petition ng kanyang asawang US citizen (USC). Dahil ang asawa ng USC ay tinuturing na immediate relative, ang dayuhan ay binibigyan ng pinakamataas na prayoridad sa ilalim ng Immigration Law –maaaring makakuha siya ng kanyang green card sa loob ng isang taon mula sa kanyang filing ng adjustment of status application. Ngunit dahil dito, maraming dayuhan at USC ang nagsasamantala at nag-aabuso ng probisyon ng Immigration Law sa pamamagitan ng sham marriage upang mabigyan ng immigration benefits o green card ang dayuhan. Ang marriage fraud ay tinuturing na malubhang pagkakasala o serious offense. Parehong magasawang USC at dayuhan ay pananagutin at maaaring maparusahan sa ilalim ng Immigration and Nationality Act (INA). Ayon sa INA, ang isang indibidwal na sadyang pumasok sa sham marriage para sa layuning iwasan o labagin ang immigration laws ay papatawan ng kulong ng hindi hihigit ng 5 taon, mumultahan ng hindi lalampas ng $250,000, o parehong kulong at multa. Ang parusang ito ay naaangkop sa USC at sa dayuhan. Maliban dito, ang dayuhang asawa ay nagkakaroon ng “Marriage Fraud Bar.” Sa “Marriage Fraud Bar,” walang subsequent petition na maaaring maaprubahan para sa dayuhang nabigyan o humiling na mabigyan ng immediate relative status bilang asawa ng USC kung ang kasal ay sham marriage ayon sa determinasyon ng Attorney General. Sinasakop ng “Marriage Fraud Bar,” ang subsequent approval ng lahat ng immigrant petition. Tinutukoy nito hindi lamang mga family petition, ngunit pati na rin mga employment-based petition. Kaya’t kung nagkaroon ng deter-
Real Estate Knowledge mArtin SAntiAgo, BroKer-ASSociAte ON Nov. 9, Pfizer announced that early clinical trial data on the coronavirus vaccine it’s developing with German partner BioNTech shows that its cocktail is more than 90% effective. Now to be clear, the vaccine trial is by no means over. But the news is encouraging nonetheless. Pfizer’s vaccine candidate is taking a similar approach as some of the vaccines being developed by other companies, meaning that other vaccine candidates could hold similar promise. Of course, it’s important to take Pfizer’s vaccine announcement with a grain of salt. While the company has lots to lose by inflating claims of efficacy in human trials, its data has not yet been subject to peer review, and so it’s too soon to celebrate the arrival of an effective vaccine. Furthermore, there’s still a vaccine approval process all candidates will have to go through before doses can be mass-produced and distributed to the public. Stocks surged to all-time highs and bonds (which dictate rates) lost ground at the fastest
projects to: • Build a modern infrastructure. • Modernize schools. • Repair water pipelines and sewer systems. • Improve the energy efficiency of homes and commercial structures. • Invest in clean energy innovation. • Achieve a carbon pollutionfree power sector by 2035. However, a split government will reduce the size of infrastructure programs. President Trump was also big on infrastructure projects but failed to deliver. Under a Biden administration, traditional projects for roads, bridges and overall construction can perform well. We expect the next four years to be upbeat for machinery, building materials, construction and engineering firms. Industrials and materials While President Trump bullied other countries, specifically China, for unfair trade practices, Biden will likely form a coalition with allies to contain China and lower trade tensions. Hopefully, he will not allow China’s Belt and Road initiative to take over the third world. President Trump awakened the world on China’s
bullying tactics unchecked for decades. Hopefully, Presidentelect Biden will follow through. Railroads, defense and waste industries would benefit from the lower odds of a tax hike that Biden advocates. Defense companies would also benefit from lower risk of a defense spending cut. Consumer discretionary and consumer staples Low interest rates will continue to help housing and home improvement equities. High income taxpayers will benefit from a lower likelihood of huge tax increases. Think Home Depot, Caterpillar, Cummins, U.S. Concrete, American Tower, Blackstone, or Flour. Get up. Go trade stocks. *** Victor Santos Sy graduated Cum Laude from UE with a BBA and from Indiana State University with an MBA. Vic worked with SyCip, Gorres, Velayo (SGV - Andersen Consulting) and Ernst & Young before establishing Sy Accountancy Corporation in Pasadena, California. *** He has 50 years of experience in defending taxpayers audited by the IRS, FTB, EDD, BOE and other governmental agencies. He is publishing a book on his expertise - “HOW TO AVOID OR SURVIVE IRS AUDITS.” Our readers may inquire about the book or email tax questions at vicsy@live.com.
Marriage fraud bar minasyon na ang dayuhan ay may dating sham marriage, kahit ang kanyang bagong kasal ay totoo at may anak na sila ng bagong asawang USC, hindi maaaring aprubahan ng USCIS ang immigrant petition ng bagong asawang USC. Kahit ang immigrant petition ay employment-based I-140 Immigrant Petition, ito rin ay hindi aaprubahan ng USCIS dahil sa “Marriage Fraud Bar.” Ang “Marriage Fraud Bar” ay permanente at walang waiver of inadmissibility dito. Wala ring legal remedy upang matanggal ang bar – kapag nagkaroon ng determinasyon na ang dayuhan ay nagkaroon ng sham marriage, hinding-hindi siya makakakuha ng green card mula sa family-based petition or employment-based petition. *** One of the most common ways for an alien to get a green card in the U.S. is through family petition by a U.S. citizen spouse. Since spouses of U.S. citizens are considered as immediate relatives, they are given highest immigration priority under Immigration Law - if the alien is present in the U.S., the alien spouse can usually get his green card within one year of filing the adjustment of status application. Unfortunately, some aliens and U.S. citizens take advantage of provisions of Immigration Law and enter into a sham marriage for purposes of procuring immigration benefits – getting a green card for the alien spouse. Marriage fraud is considered a serious offense and both the USC spouse and the alien spouse can be held liable and penalized under the Immigration and Nationality Act (INA). Under the INA, an individual who knowingly enters into a marriage for the purpose of evading immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both. This penalty of imprisonment, fine, or both, is applicable for both spouses. Aside from this, the alien spouse is subject to the “Marriage Fraud Bar.” Under the INA, no petition shall be approved for an alien who
has been accorded or sought to be accorded, an immediate relative status as the spouse of a USC by reason of a marriage that is determined by the Attorney General to have been entered into for the purpose of evading immigration laws. Under the “Marriage Fraud Bar,” an alien who was found to have engaged in or attempted to engage in sham marriage or a marriage entered into for the purpose of obtaining immigration benefits will be barred from having a subsequent immigrant petition approved on his behalf. This subsequent petition refers to all family petitions and employmentbased petitions. Hence, if the alien was found to have previously entered into a sham marriage, a subsequent petition by another USC spouse, even if bona fide as evidenced by children born of the marriage, will not be approved by USCIS. Similarly, even if an employer files an I-140 Immigrant Petition for the alien employee, the same will be denied on the basis of “Marriage Fraud Bar.” “Marriage Fraud Bar” is permanent and not subject to waiver of inadmissibility. There is no legal remedy to remove the bar – once the alien is found to have engaged in marriage fraud, the alien will never be able to get a green card through marriage, other family members, or through employment. *** ATTY. RHEA SAMSON is the principal of SAMSON LAW FIRM, P.C. She has been a member of the State Bar of California for over 15 years and the Integrated Bar of the Philippines for over 20 years. Atty. Samson received her Legal Management degree from the Ateneo de Manila University and her Juris Doctor degree from the Ateneo Law School. She was a Professor for over 10 years, teaching Obligations and Contracts, Labor Laws and Social Legislation and Taxation Law. Atty Samson is the author of The Law on Obligations and Contracts (2016), Working with Labor Laws-Revised Edition (2014) and Working with Labor Laws (2005). SAMSON LAW FIRM, P.C., 3580 Wilshire Boulevard, Suite 1710, Los Angeles, CA 90010; Phone: (213) 3815710; Email: info@ samsonlawfirmpc.com. (Advertising Supplement)
Pfizer’s COVID vaccine & your mortgage rate
pace in months. The average mortgage lender raised rates by at least as much as they did last Tuesday, thus erasing a majority of the improvement seen since then. Back at the start of the pandemic, most economists and mortgage industry experts didn’t expect rates to drop below 3%, but that’s just what happened. In the near-term, mortgage rates are likely to stay low — though they may rise above the record lows they have hit in recent weeks. That’s because the Federal Reserve has indicated that it doesn’t plan to hike rates soon. In time though, a vaccine would naturally cause rates to rise. “It should push overall interest rates up because it improves prospects for economic growth, After falling to another record low last week — the 12th record low of this year — mortgage rates rose this week in response to the federal election results and promising developments regarding a coronavirus vaccine. Mortgage rates roughly follow the direction of bond yields, so they moved higher, too. The movement was a stark reminder of the influence the
coronavirus and our ability to contain it. The 30-year fixed-rate mortgage averaged 2.84% for the week ending Nov. 12, rising six basis points from the record low set just the week prior, Freddie Mac FMCC, +1.76% reported Thursday. Nevertheless, the average rate stands nearly a full percentage point below where rates were a year ago. During this same time in 2019, these loans had an average rate of 3.75%. The 15-year fixed-rate mortgage meanwhile rose two basis points to an average of 2.34%, while the 5-year Treasury-indexed hybrid adjustable-rate mortgage jumped 22 basis points to 3.11% on average. As life returns to normal — or something close to it — people will start going to restaurants, going shopping, taking vacations and all the other activities that stimulate the nation’s economy. That improved outlook would then be reflected in higher yields on Treasury notes and other long-term bonds, which would in turn give lift to mortgage rates. Economists and mortgage industry experts said they generally expect mortgage rates to
from a divorce case
Barrister’s Corner Atty. Kenneth UrSUA reyeS YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve all issues in your divorce case through settlement. Shortly thereafter, the divorce judgment is finally entered by the Court and you get a sigh of relief. Later you discovery that “Oops!,” your ex-spouse had community asset and/or debt that was left out of the divorce judgment. This may be a pension, retirement account, a hidden bank account, or a piece of real estate property which was not divided in the judgment. What is one to do in this situation? The answer can be found in California Family Code §2556. California Family Code §2556 provides “In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or
community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding.” California Family Code §2556. Even if the parties did not expressly reserve jurisdiction on that piece of asset, the Court retains the power to divide a specific property if there is a community interest in it. The Court’s “continuing jurisdiction” over omitted community estate assets or debts is invoked by filing a post judgment Motion, or Request for Order in the divorce case. Family Code §2556 provides “A party may file a postjudgment motion or request for order in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment.” The postjudgment partition of the unadjudicated community estate claims is properly entertained by the court even absent an express reservation of jurisdiction in its prior judgment. Marriage of Moore & Ferrie (1993) 14 CA4th 1472, 1483, 18 CR2d 543, 549, fn. 9. The postjudgment motion is available to any omitted asset or debt not adjudicated by the divorce judgment. However, Family Code §2556 does not extend to division and adjudication of any separate property. Marriage of Klug (2005) 130 CA4th 1389, 1396, 31 CR3d 327, 331–332. If an asset was partially omitted, the Court can still divide and adjudicate the por-
tion that has been omitted postjudgment under family code §2566. Community Property adjudicated under § 2556 shall be divided equally “unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability.” Family Code §2556.. *** 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, P.C. This article is not a solicitation. *** Attorney Kenneth Ursua Reyes is a Board Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APLC. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@ kenreyeslaw.com or visit our website at Kenreyeslaw.com (Advertising Supplement)
Client needs Chapter 13 relief for $36K taxes, $80K unsecured debt Debt Relief
Atty. LAwrence yAng THE client is 50 and single but has a cousin who lives with him. The cousin has been employed on and off and has lived with him for 10 years. The cousin is also 50. The client does not own a house so he rents an apartment for $1,600. Unfortunately, the cousin is unable to help him with any portion of the rent. Let’s just say that the cousin is the client’s dependent for all intents and purposes even though the client does not claim him as a dependent on his tax returns. The cousin has certainly depended on the client for a place for food, shelter, and clothing for the last 10 years. The client has a good heart. Without the client, the cousin would be homeless. I would say that the client has a household of two for bankruptcy purposes because the cousin is, for all purposes, his dependent. A dependent would be beneficial for the client in bankruptcy because a family of two has a higher median income than a single person in the calculation of the eligibility to qualify for Chapter 7 or 13 under the means test. For instance, a single person earning $50,000 a year may have a presumption of abuse flag in Chapter 7, but would easily qualify without a presumption of abuse if this same debtor had a two-person household. But can the client qualify for Chapter 7 even if he wants to? Why does he want Chapter 7 relief? Let’s look at his financial background. He says his gross income is $72,000 a year. He shows me his pay stub. It looks more like $79,000 a year because he gets paid bi-monthly. This means that in bankruptcy, to arrive at his effective yearly gross, the pay stub he gets every two weeks is multiplied by 26 then divided by 12 months. This would yield a $79,000 yearly gross instead of $72,000 as he thought he was making. Indeed, if his yearly gross were $72,000, with a twoperson household, he would be close to Chapter 7 than Chapter 13. He owes $36,000 to the IRS for back taxes. More than half of these taxes are for tax years before 2012. This means that if there was no fraud involved with these taxes owed, most of them would be discharged because the general rule is that taxes owed for at least three years pre-filing remain low, at least by historical standards, in the near-term. While news like the vaccine announcement may push rates up or down a bit from week-toweek, rates won’t move higher in earnest until it’s clear the Federal Reserve is planning to adjust interest rates higher. But even if rates are higher, most observers expect the
are discharged. Taxes that came due starting 2015 would not be discharged in Chapter 7 because they are not more than three years old. The client pays the IRS $500 a month on an installment plan to pay back the $36,000 of principal owed. Unfortunately, even if the IRS agrees to an installment plan, interest & penalties on the unpaid portion are applicable. So, this is like a high interest loan from Uncle Sam. The client further owes $80,000 in credit cards and payday loans! That’s a significant debt; particularly payday loans that can have 100 percent of interest a year. They’re disguised like Good Samaritan loans but they are actually usurious loans that are designed to keep you in debt forever. His credit card debts are hitting about 25 percent in interest. The client cannot get out of this heavy debt burden without some kind of bankruptcy relief. The client has had some family emergencies, which required him to borrow more from credit cards recently, including funeral expenses. The client has also recently been served with a lawsuit for collection on a credit card debt. He is also getting a lot of collection calls from rude creditors representatives who have threatened to call him at his place of work which by the way is illegal being a violation of the Fair Debt Collections Act. So the pressure on the client due to debt burden has been steadily ramping up and taking it’s deadly toll on client’s well being. Let’s just say that he looks like and feels like an elephant is sitting on his chest. No doubt, the client needs immediate and permanent relief from accumulated debt. What’s the use of making a good income of $80K a year when most of the net income has to be given to satisfy your creditors every month? Each creditor has to be given the client’s pound of flesh every month for minimum payments. So what happens when you have to give your pound of flesh every month? Eventually, you will be skin and bones, a skeleton of your former self! Although the client prefers a Chapter 7 wipe-out of accumulated debt, including the $36,000 owed to the IRS, his case is actually a Chapter 13. In Chapter 13, the IRS debt of $36,000 would have in full as a priority debt, as a minimum. In other words, in Chapter 13, his minimum plan payment would be $550 a month for five years to fully pay off the IRS. During the Chapter 13 period, he will be paying off 100 percent of the $36,000 principal owed to the IRS because remem-
ber, in Chapter 13, interest and penalties do not apply. Further, he may be able to qualify for a zero percent plan. This means that as long as he is paying the $550, he doesn’t have to pay anything for his $80,000 of credit cards and payday loans! Yes, you read that right. Zero payment to $80,000 in credit cards and payday loans. If client completes his $550 plan payment for 60 months, the IRS is paid in full and he gets a discharge of the $80,000 credit cards and payday loans. Well, this is better than Trump’s tax deal anytime. Note that client has been paying $500 a month on his IRS installment plan. In Chapter 13, he only pays $550, with zero payments to credit cards and payday loans. Without Chapter 13, he pays $500 a month to the IRS with interest and penalties still accruing, and he still has to pay a minimum of $2,500 to keep his $80,000 of credit cards and payday loans current every month. If he completes the plan payments, he won’t owe the IRS anything, and he won’t owe anything to credit cards and payday loans. In effect, he gets a fresh start in life even on Chapter 13. Wife with $30K in credit card debt needs Chapter 7 relief In the next case, the client is 45 and married with an 8-yearold son. She owes $30,000 of credit cards, while her husband owes $5,000 of credit cards. Off the bat, this will be a single filing by the wife only. The husband does not have to file since he owes only $5,000. Their household income is $5,000 a month. So, definitely, for a household of three, the client can qualify for Chapter 7 wipeout of her $30,000 credit cards. They don’t own a house but pay for three cars. I don’t know why they have three new cars. But they can keep the three cars as long as they continue to pay for them. They can reaffirm the car loans. This is not a problem. Most car loans do not require reaffirmations anymore. As long as the client continues timely car payments, she can keep her cars. *** If you need debt relief, set an appointment to see me. I will analyze your case personally. *** Lawrence Bautista Yang specializes in Bankruptcy, Business, Real Estate and Civil Litigation and has successfully represented more than five thousand clients in California. Please call Angie, Barbara or Jess at (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S. Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803. (Advertising Supplement)
housing market to remain strong. While low rates have provided some support for increasing demand among home buyers, demographic factors and changing preferences in response to the pandemic will continue to stoke home sales in the months to come.
Martin Santiago is a broker associate at Compass Beverly Hills, a full service residential brokerage firm. The information presented in this article is for general information only and is not, nor intended to be a formal legal advice nor the formation of a broker-client relationship. Call or email Martin at (213)788-8300 & brokermartinsantiago@gmail.com. (Advertising Supplement)
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Removing the conditions of your permanent Does employer need to know your residence without your petitioning spouse’s participation medical condition to Legal accommodate you? Advice Protecting Employee & Consumer Rights Atty. c. Joe SAyAS, Jr. Q: I WAS diagnosed with herniated disc and severe anxiety. I want to request leave but want to keep my privacy at work. Do I need to tell my employer about my medical or psychological condition? A: No. The employee is not required to disclose the nature of the employee’s medical condition or disability (i.e., their diagnosis). The employee is required only to provide reasonable medical documentation which describes the employee’s physical or mental limitations, which may prevent them from doing their work. For example, the medical documentation may simply state that the employee is restricted from lifting more than 25 lbs. The employer cannot inquire into the “nature or severity” of the employee’s disability. The employer cannot ask for the employee’s complete medical records as those records may be unrelated to the need for accommodation. The employer also cannot ask the employee about the underlying medical cause of the disability (unless such a medical examination is “job-related” and “consistent with business necessity”). How much of an employee’s medical condition should be disclosed to the employer? Under the law, if an employee’s disability or medical condition is not obvious, the employer may request the employee to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation. That medical documentation may contain the following: a. The name and credentials of the health care provider b. Certification from the medical provider that the employee has a physical or mental condition that limits a major life activity or a medical condition, and a description of why the employee or applicant needs a reasonable accommodation. There is a need for ‘reasonable accommodation’ if the employee’s medical condition limits a major life activity, such as doing the necessary tasks that the work requires. To have a limitation
in the performance of a major life activity is to have a disability. Reasonable accommodation includes reasonable assistance that the employer extends to the employee, in order to enable the employee to do his or her job despite the disability. Depending on the employee’s specific restrictions and the employer’s circumstances, reasonable accommodation may include granting or extending leave from work to allow medical treatments; making facilities accessible to and usable by disabled individuals; or offering part-time or modified work schedules. Even if the medical condition does not limit any major life activities (i.e., there is no disability), the employee is still entitled to reasonable accommodation if, he or she needs to be absent from work for medical treatments or doctor appointments. For the employer to provide reasonable accommodation to the employee, the employer must know that the employee needs such accommodation. The employer knows an employee has a disability when the employee tells the employer about the condition, or when the employer becomes aware of the condition, such as through a third party or by observation. Thus, if the employee’s disability becomes known or obvious, the employer must engage the employee in a timely, good faith interactive process to determine if reasonable accommodation can be made for the employee. The employer must start the interactive process. Lastly, California law prohibits discrimination based on disability or medical condition. An employer may not terminate or demote an employee based on the employee’s disability or medical condition. *** The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.] (Advertising Supplement)
Atty. DArrick tAn A PERSON who obtains his/ her green card via marriage to a US citizen spouse, and who is married for less than 2 years has conditional permanent resident status. A conditional permanent resident has a green card that is valid for 2 years. In order to continue to have permanent resident status after 2 years, the conditional permanent resident and his/her US citizen spouse must file an I-751 Petition to Remove Conditions on Residence during the 90 days before the expiration of the green card. 8 CFR 216.4(a)(1) But what if things don’t work out with the US citizen spouse after getting married, and the conditional permanent resident
can no longer get the participation of his/her US citizen spouse in filing the I-751 petition? In such a case, the conditional permanent resident may seek an I751 waiver of the joint filing requirement. In order to qualify for an I-751 waiver of the joint filing requirement, the conditional permanent resident must show that the marriage upon which his/her status was based was: 1) entered into in good faith, and 2) terminated. 8 CFR 216.5(a)(1)(ii) With respect to the required showing that the marriage was entered into in good faith, the conditional permanent resident must show that his/her marriage was not a “sham.” A marriage is considered a “sham” if, when they married, the couple did not intend to establish a life together. An intent to obtain something other than or in addition to love and companionship (such as a green card) from that life does not make a marriage a sham. Matter of Soltan, A76 888 125 (BIA 2001). Documents such as joint
On leadership... PAGE B5 unproductive and critical of his master’s approach to things. He said, “Master, I knew you were a demanding person, harvesting where you did not plant and gathering where you did not scatter, so out of fear, I went off and bur-
ied your talent in the ground.” The master was not happy with the servant’s complacency, so he took what he had and gave it to someone else who can multiply it. Then he said, “For to everyone who has, more will be given, and he will grow rich; but from
bank and credit card statements, and photos that demonstrate that the marriage was entered in good faith should be presented. Also, in order to qualify for an I-751 waiver of the joint filing requirement, the conditional permanent resident must show that the marriage was terminated. By “terminated,” the USCIS requires a valid, formal divorce judgment. An I-751 waiver of the joint filing requirement cannot be approved in cases where the conditional permanent resident is legally separated or in divorce proceedings that are still pending. Also, once the marriage is terminated, the conditional resident may file the I-751 petition immediately, and does not have to wait until the normal 90 days before the expiration of the conditional green card. It is worth noting that if the conditional permanent resident and his/her US Citizen spouse live in California, a valid divorce judgment must be obtained in the California courts. I have had
numerous California-resident clients in the past who have obtained a “quick” divorce judgment in Nevada only to face USCIS scrutiny after presenting the Nevada divorce judgment in support of an I-751 waiver request (since one must be a Nevada resident to obtain a divorce in Nevada). The assistance of an experienced attorney in handling the divorce as well as the I-751 waiver request is accordingly recommended. *** 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 American Immigration Lawyers Association (AILA), the Consumers Attorney Association of Los Angeles (CAALA), and 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)
the one who has not, even what he has will be taken away.” We’re facing a world and a Church full of many challenges today. It’s either we work together in peace and harmony, support our leaders, and share our gifts to bring solutions to our problems. Or keep complaining and bickering about our unhappiness. Let’s choose to respond positively and actively. As we of-
ten hear, let’s be part of the solution and not of the problem! *** 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, California.
B NOVEMBER 14-17, 2020 • LA WEEKEND ASIAN JOURNAL
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