DECEMBER 11-14, 2021 Volume 31 - No. 96 • 2 Sections – 18 Pages
USA
DATELINE Health experts worry CDC’s COVID vaccination rates appear inflated FROM THE AJPRESS NEWS TEAM ACROSS AMERICA
FOR nearly a month, the Centers for Disease Control and Prevention’s online vaccine tracker has shown that virtually everyone 65 and older in the United States — 99.9% — has received at least one covid vaccine dose. That would be remarkable — if true. But health experts and state officials say it’s certainly not. They note that the CDC as of Dec. 5 has recorded more seniors at least partly vaccinated — 55.4 million — than there are people in that age group — 54.1 million, according to the latest census data from 2019. The CDC’s vaccination rate for residents 65 and older is also significantly higher than the 89% vaccination rate found in a poll conducted in November by KFF. Similarly, a YouGov poll, conducted last month for The Economist, found 83% of people 65 and up said they had received at least an initial dose of vaccine. And the CDC counts 21 states as having almost all their senior residents at least partly vaccinated (99.9%). But several of those states
LA County COVID winter surge likely, officials say CDC places county in its ‘high transmission’ category by KLARIZE
MEDENILLA AJPress
LOS Angeles County, last year the region with one of the most deadly winter COVID-19 outbreaks, may once again experience another coronavirus surge this winter season, county public health officials said on Thursday, Dec. 9. According to the U.S. Centers for Disease Control and Prevention (CDC), the Thanksgiving holiday brought about a spike in coronavirus outbreaks,
climbing 33% over the last two weeks in LA County. Moreover, the weekly coronavirus case rate has jumped to 113 new cases per 100,000 residents, which puts LA County back on the CDC’s “high transmission” category for Covid-19. As of Thursday, 666 people were hospitalized with COVID-19: an increase of 93% in just one week. And with the onset of the highly contagious omicron variant in the county, it’s likely the upward trend will continue, according to LA County Public
Arleen Bocatija Rojas sworn in as the newly elected councilmember in City of Carson
CARSON, CA – On Tuesday, December 7, 2021, Arleen Bocatija Rojas was officially sworn in as the newest Councilmember in the City of Carson to serve District 4. According to L.A. County official results from the November 2, 2021 special election, Rojas led the race of five candidates with 34.76% of the votes in District 4. “I want to thank God for keeping me healthy and energized through this journey. I believe that any person who has a desire to run for office and be a part of the policymaking and be the voice of the people in the community is a brave person. I would like to thank my opponents, who I’m going to call partners moving forward for their courageous efforts. We are partners because what we did is we brought each other up, we made each other stronger, we made each other work harder, and it was all for the same goal. That is to better our community and work for the people, so thank you. I want to thank all the volunteers who came out and worked with me. I’m here because of you. Thank you to supporters and the endorsers and the advisors both u PAGE A2
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Attorney General Bonta issues charity consumer alert ahead of holiday season CALIFORNIA Attorney General Rob Bonta is sharing tips and resources on how to avoid scams while donating this holiday season. Bonta has the primary responsibility for supervising charities and the professional fundraisers who solicit on their behalf in California. Under Government Code section 12598, the Attorney General may investigate and bring legal actions against charities that misuse charitable assets or engage in fraudulent fundraising practices. In providing today’s tips, Attorney General Bonta encourages donors to take the necessary steps to ensure that their donations get into the correct hands. “This time of year, residents of Santa Barbara are stepping up to support one another by giving both their time and donations to local nonprofit organizations.
Health Director Dr. Barbara Ferrer, who has been leading the county’s response to the coronavirus pandemic for nearly two years. “We do expect increases to continue on the heels of our Thanksgiving gatherings, but already, based on trends, we are looking at possible beginnings of a winter surge,” Ferrer said in a press conference. As of Friday, Dec. 10, there are seven reported cases of omicron in the county, a trend which officials say likely stem from people traveling u PAGE A2
HISTORIC SELFIE. 2021. Nobel Peace Prize laureates Philippines’ Maria Ressa and Russia’s Dmitry Muratov came with 2020 peace laureate World Food Programme (WFP) on Thursday, December 9. In her Nobel Lecture, Ressa said “By giving this to journalists today, the Nobel committee is signalling a similar historical moment, another existential point for democracy. Dmitry and I are lucky because we can speak to you now, but there are so many more journalists persecuted in the shadows with neither exposure nor support, and governments are doubling down with impunity.” Photo from Twitter/NobelPrize
DFA to cancel passports unclaimed since 2020 by JANVIC
MATEO Philstar.com
u PAGE A3
MANILA — Starting next month, the Department of Foreign Affairs (DFA) will cancel and dispose of all unclaimed passports that were scheduled for release before December 2020. The DFA cited a recent department order stating that all passports left unclaimed by the holder one year after receipt by the releasing office shall be cancelled. It said unclaimed passports scheduled for release before December 2020 will be cancelled and properly disposed of beginning Jan. 10.
“Those yet to claim their passports, which were scheduled for release in December 2020 or earlier, may do so until Jan. 7, 2022 at the DFA Consular Office where they were processed,” it said. “Those who are unable to claim their passports at the respective DFA Consular Offices before Jan. 7, 2022 must file a new passport application after securing a certificate of unclaimed passport from DFA Aseana or at the DFA Consular Office where they were processed,” it added. Passports scheduled for release after December 2020 are not affected and may still be claimed from the DFA Consular PH President Rodrigo Duterte and U.S. President Joseph Biden u PAGE A3
Photo from Instagram/@nonitodonaire
LOS ANGELES – Nonito Donaire Jr. looked impressive with a sensational early knockout in a WBC bantamweight title fight earlier this year, and now he wants to continue his resurgence by ruling the 118pound division again. A natural right-hander with the ability to also box as a southpaw, the four-division champion Donaire defends his title on Saturday (Sunday, Manila time) against undefeated top contender and fellow Filipino Reymart Gaballo at the Dignity Health Sports Park in Carson, California. Many believed Donaire was done when he lost by unanimous decisions to Jessie Magdaleno at 122 pounds and to Carl Frampton at 126 pounds in April 2018. In response, Donaire rejuvenated his career by moving back down to 118 pounds, which seems to suit him just fine. He has
won two fights at 118 and gave Japanese champion Naoya Inoue all he could handle in 2019. In his most recent fight, Donaire claimed the WBC world bantamweight title at age 38 with a sensational fourth round knockout of Nordine Oubaali to become the oldest world champion ever at 118 pounds. Donaire dropped Oubaali three times, knocking him out with a left hand. “For me, after the Naoya Inoue fight, I saw that I still had a purpose in this sport,” said Donaire, who turned 39 on November 16. “I came in strong against Nordine Oubaali in my last fight because I have that purpose. That purpose is to become undisputed champion of the world.” Like his countryman Manny Pacquiao, Donaire lived in General Santos City, u PAGE A5
Inquirer.net file photos
Donaire hopes to continue resurgence with win over Gaballo Biden slammed for inviting Duterte
Nonito Donaire Jr.
by KRIXIA
SUBINGSUBING Inquirer.net
RIGHTS groups on Thursday, December 9 condemned U.S. President Joe Biden for inviting President Duterte to attend his two-day Summit for Democracy, emphasizing that the Philippine Chief Executive’s six-year “reign of terror” hardly qualifies him to speak about democracy. In separate statements, International Coalition for Human Rights in the Philippines (ICHRP) and Karapatan called the invitation a “complete farce,” considering that his administration was now being investigated for crimes against
humanity for the conduct of his brutal war on drugs. Biden’s remark that he “looks forward to welcoming Duterte and hearing his ideas on how we can foster a more democratic, equitable, inclusive and sustainable world is a sick joke,” said ICHRP chair Peter Murphy. “Duterte’s reign of terror and mass murder, which have provoked an ICC (International Criminal Court) investigation of crimes against humanity, would seem to disqualify him from providing advice on anything except fascist populism, repression and human rights violations,” he said. u PAGE A5
A2 DECEMBER 11-14, 2021 • LA WEEKEND ASIAN JOURNAL
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FROM THE FRONT PAGE
LA County COVID winter... PAGE A1
overseas, some of whom may have infected other residents. “We anticipate seeing increased numbers of individuals infected with the Omicron variant as we are beginning to see cases of local transmission among residents that have not traveled,” Ferrer said. “All indications are that among those fully vaccinated, illness severity if infected with Omicron is mild reminding us that all eligible residents need to urgently get vaccinated or boosted.” Schools, most of which mandate regular COVID-19 testing, have seen an increase the week after Thanksgiving break, rising to the highest level of transmission since September. “If, as we suspect, this increase in cases reflects transmission that took place during holiday gatherings, we should consider this an early
warning about the upcoming December holiday,” Ferrer said. “That makes now a particularly critical time to vaccinate schoolaged children.” As of Friday, 68% of county residents aged five and older are fully vaccinated and 77% have received at least one dose; Ferrer noted that however “worrisome” the trends are currently, the county is better off than it was last winter before vaccines were readily available. On vaccinations, Ferrer said that “[i]t particularly making a difference in preventing us from experiencing the devastating crisis we had in our health care system.” The problem, however, lies in the availability of vaccines, particularly among children who live in lower-income areas and among communities of color. About 60% of the county’s children aged 5 to 11 live in such
areas, and Ferrer confirmed that the county is working on mobile vaccination units to serve those communities. According to county data, racial and ethnic disparities in vaccinations persist even accounting for the age expansion for vaccine eligibility. Among residents 5 years old and older, 55% of Black residents and 60% of Latino residents have gotten at least one shot of the vaccine compared to 73% and 82% among white and Asian residents, respectively. “This disproportionality in health outcomes associated with CRISPY AND JUICY. A worker rubs cooking oil on one of the native pigs being roasted at a stall in La Loma, Quezon City on Friday, December our surges are a stark reminder 10. The demand for roasted pig or “lechon,” which sells from P8,000 to P10,000 depending on the size, usually picks up during the Christmas that the conditions in which season. PNA photo by Ben Briones people work and live can place them at much higher risk during a pandemic,” Ferrer said. “Our strategies for closing gaps need in the City of Carson, California. to include protecting workers PAGE A1 In October 1990, Arleen and supporting families that front and behind the scenes. Thank you for your advice. It is joined the Los Angeles Police have fewer resources.” ■ because of all of you [supporters] Department and became the that I am here. For those who first Filipino-American female did not vote for me, my door is police officer in the history of always open. I know that I have the department. She lives in the to earn your trust so we can work City of Carson with her 13-yearold daughter, Ariyanna. Her together,” said Rojas. OVER 17 YEARS Arleen Rojas was born in 1966 27-year-old daughter Alyssa is in Agana, Guam. She is an active currently working on her PhD at 31-year veteran police officer the University of South Florida, for the City of Los Angeles and while her 26-year-old son Andrew holds the title as the first female is currently on deployment with Filipino-American police officer the United States Navy. Arleen in the history of the department. is proud that her appetite for She is the second female Filipino- “making a difference” in society Councilmember Arleen Bocatija Rojas American elected to the City has passed on to her children. Contributed photo Arleen’s 31-year experience as Council since 1993. Arleen used her training, a police officer, protecting and initiatives, fall, get back up, rise experience, dedication, civic serving the community of the and do it all again, with grace engagement and passion to win City of Los Angeles, has proven and dignity. the trust of the 22,000+ residents that she can successfully lead a Arleen has used both her Darrick V. Tan, Esq. in District 4 to win and become challenging, ever-changing and professional and personal the “Voice of the People.” Arleen rewarding career in “making a experiences to influence young Licensed in California for will use her 31 years in public difference.” She accomplished women to have the strength and over 17 years safety to bridge the gap between this while treating people with courage to “have a voice” and Licensed in Nevada for law enforcement and the diverse respect, fairness and dignity. to be part of the changes in our over 12 years* Arleen has balanced her busy society. Arleen’s “no excuse” communities in which she serves UCLA, Bachelor of Arts, Political through social, civil, educational professional life as an active attitude has resonated with many Science with Cum Laude honors and vocational functions. Arleen’s police officer and now as a women, showing them how to Southwestern University Law motto for her campaign was “We councilwoman for the City of project a positive attitude, have School, Juris Doctor Are Stronger Together” and she Carson, and still prioritizes her a tenacious appetite and help to Admitted to U.S. District Court, will continue to promote unity time, efforts and energy into her influence other women to “Rise Central District of California Member, American Immigration within her community. young daughter’s competitive Above” and “Make a Difference” Lawyers Association Arleen’s parents, Alfred and figure skating career. Arleen in our society. Member, Consumers Attorney Esther Bocatija, are originally displays and believes that a To contact the office of Arleen Association of Los Angeles from Iloilo City, Bacolod and woman’s strength is not just Bocatija Rojas for city or council Former Member, Board of Negros Occidental, Philippines, based on her mental and physical matters, please call (310) 952Governors, Philippine American respectively, before they settled abilities, and her professional title 1706 or send e-mail to arojas@ Bar Association in Guam. In the early 1970s, the or position. Rather, it is based on carsonca.gov. (Councilmember *Inactive Bocatija family moved and settled the ability to help others, take Arleen Rojas Office Release)
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Arleen Bocatija Rojas sworn in as the newly...
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Attorney General Bonta issues charity...
PAGE A1 One of those nonprofits being Unity Shoppe, whose volunteers and donors help provide food and critical support services to those in need,” said Bonta. “Many depend on the generosity of residents throughout our state, which is why it is important to make sure that you are contributing to legitimate charities, such as Unity Shoppe. As Attorney General, my office is committed to protecting donors from deceptive solicitations. You can help our efforts by taking essential steps in researching charities before giving this holiday season. If you believe that a charity or fundraiser has acted in bad faith, please report it immediately at oag.ca.gov/ charities/complaints.” “Day in and day out, and for more than a century, Unity Shoppe has held the trust of the community by working in a manner that is reliable, welcoming, and inclusive, and that meets the critical needs of our most vulnerable residents,” said Tom Reed, Executive Director of Unity Shoppe Inc. “I couldn’t be more proud and grateful for our community of volunteers and donors, small and large, who entrust us with this important work.” Donation tips • Check the Registration Status: Charities operating in California and telemarketers soliciting donations in California are required to register with the Attorney General’s Registry of Charitable Trusts. They are also required to file annual financial reports, which are made available to the public. Prior to making a donation, make sure to confirm that the charity is registered and up-todate with its financial reporting by searching the Attorney General’s Registry of Charitable Trusts’ database, located here. • Give to Organizations You Trust: Do your research before giving. Review the charity’s purpose and find out how the charity spends its donations. How much is spent directly on the charitable cause? How much goes to overhead and employee compensation? Research charities in your community and support those charities that make a positive impact. If you choose to donate to a charity you are unfamiliar with, contact the charity and ask for information in writing about its programs and finances. You should also confirm the charity’s name, address, and its nonprofit status. • Be Wary of Social Network Fundraising: If you are planning to donate through a social network solicitation, first do some research. Find out what percentage is going to the charity, whether you will be charged a fee, or if a percentage of your donation will be paid to the platform website. • Don’t Be Pressured by Telemarketers – Ask Questions Before Donating: If you receive a call from a telemarketer, ask for the name of the fundraising
organization, whether it is registered with the Attorney General’s Office, the name of the charity benefitting from the solicitation, how much of your donation will go to charity and how much to the telemarketer, and the direct telephone number of the charity. If the telemarketer tells you the donation is for your local animal shelter, hospital, school, police, firefighter, or other public safety agency, check directly with the benefitting organization to confirm that it authorized the solicitation and will actually benefit from your donation. Don’t fall for pressure tactics or threats. Remember that you have the right to reject the donation appeal and if you feel pressured or threatened, just hang up. • Be Vigilant When Donating After Natural Disasters or Tragedies: Well-intentioned or otherwise, charities are sometimes formed overnight to address calamities. As a result, oftentimes they lack the experience, contacts, and staff needed to respond to a disaster. Fraudsters are always seeking to capitalize on people’s desire to help. Even during a crisis, make sure to take your time to research a charity before giving. • Watch Out for SimilarSounding Names, Web Addresses, and Other Deceptive Tactics: Fraudulent organizations may use names that closely resemble those of well-established charitable organizations in order to mislead donors. Look out for fraudulent websites that have a slightly different web address (URL) than that of a legitimate charitable organization. Similarlooking URLs are sometimes purchased by fraudsters to lure in would-be donors. These sites may ask you for personal information or install harmful material onto your device. Be skeptical if someone thanks you for a pledge you never made, and always check your records. • Understand the Difference Between “Tax-Exempt” and “Tax-Deductible”: Being a nonprofit does not mean the organization is exempt from taxation, or that your donation is tax-deductible. Generally, a taxexempt organization is exempt from paying tax on its income and gifts, but may or may not be able to offer a charitable tax deduction to donors for their contributions. Just because an organization has a “Tax ID Number” or provides donors with a receipt that says “keep this receipt for your records” does not mean that the organization is a charity, taxexempt, or that your donation is tax-deductible. A few taxexempt organizations – most notably those given 501(c)(3) tax-exempt status by the Internal Revenue Service (IRS) – are able to offer charitable tax deductions for your donations. If you are not sure whether your donation is tax-deductible, verify the charity’s tax-exempt status by using the tools
DATE LIN E USA
and information located on the IRS website. • Consider the Costs of Gifts and Merchandise: Gifts that you receive from a charity in exchange for your donation cost money and generally, these expenses are paid from donated funds. The value of the goods and services that you receive for your donation is not tax-deductible. Some charities may sell merchandise online and claim that “100% of the proceeds” will benefit its charitable purpose. However, this does not necessarily mean that 100% of the sales price of the merchandise will go to charity, and the cost of the merchandise itself can greatly reduce the value of your donation. • Protect Your Identity: Never give your Social Security number or other personal information in response to a charitable solicitation. Never give out credit card information to an organization unfamiliar to you. Some organizations sell or rent their donor lists to other organizations, including organizations that are not charities. Review the charity’s privacy policy to find out if your information will be shared with outside companies. For more information on how to protect yourself and your donations, visit the California Attorney General’s tips webpage at oag.ca.gov/ donations. Complaints against charities can be filed using the charity complaint form at oag. ca.gov/charities/complaints. ■
LA WEEKEND ASIAN JOURNAL • DECEMBER 11-14, 2021
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Funeral set for Las Vegas Fil-Am student who died after boxing match by AJPRESS NATHAN Valencia, a Filipino American college student from Las Vegas, will be laid to rest during a memorial service and funeral mass nearly a month after he died during an amateur charity boxing match. Funeral services for the 20-year-old will be set for Sunday, December 19 at 7 p.m. at Holy Spirit Catholic Church (Bishop Gorman) on Mesa Park Drive in Las Vegas. The funeral, which is open to the public, comes nearly a month since Valencia succumbed to his injuries on Nov. 23, four days after he collapsed during a boxing match that was intended to raise money for charity. The event, which was organized by the University of Las Vegas Nevada’s Kappa Sigma fraternity, was held off campus on Nov. 19, as previously reported by the Asian Journal. Valencia’s cause of death was blunt force trauma to the head and was ruled a homicide, according to the Clark County Coroner’s office. “Although Mr. Valencia’s death is tragic, the circumstances surrounding his death are not criminal and no charges will be filed,” the Las Vegas Metropolitan Police Department said in a previous statement. The fraternity hosting the event has been suspended and the Nevada Athletic Commission will be doing its own investigation. A GoFundMe page (www.gofundme.com/f/
Nathan Valencia
Photo courtesy of GoFundMe
remembering-the-life-of-nathan-valencia) has been set up to help his family with medical and funeral expenses. “Nathan Tyler Valencia was someone who made an impact on anyone he met,” the page, written by Lacey Foster reads. “Nathan had a smile that lit up every room he walked into.” At the time of his death, Valencia was a junior at UNLV majoring in kinesiology. He was an active member of the Sigma Alpha Epsilon fraternity, his GoFundMe page said. A registered organ donor, Valencia’s organs were donated tot help eight people, according to his family. ■
DFA to cancel passports unclaimed... PAGE A1
Office where they were processed. While no penalty is given for passports claimed at a later date, the DFA encouraged the public to claim passports within 30 days
from the scheduled release. Applicants may authorize other persons to claim the passport on their behalf provided the authorized persons comply with the requirements, including an
authorization letter, original and photocopy of valid IDs, original DFA-issued receipts and notarized special power of attorney for non-immediate family members of passport applicants. ■
A4 December 11-14, 2021 • LA WEEKEND ASIAN JOURNAL
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LA WEEKEND ASIAN JOURNAL • DECEMBER 11-14, 2021
A5
Health experts worry CDC’s COVID vaccination...
RAILWAY WORKERS. Railway workers cross the corner of España Boulevard corner Antipolo Street, Sampaloc in Manila on Thursday, December 9. The Philippine National Railway (PNR) has been continuously rehabilitating and upgrading its station as new trains from Japan are deployed. PNA photo by Oliver Marquez
Biden slammed for inviting...
PAGE A1 Karapatan secretary general Cristina Palabay, meanwhile, warned Biden that allowing Mr. Duterte to participate in the summit “is tantamount to enabling his lies and undemocratic rule in the Philippines.” US taxpayer support Both ICHRP and Karapatan have lobbied before the US government to suspend military aid in the Philippines until and unless it resolves its dismal human rights situation. Palabay called on Biden to uphold these calls and to pass the proposed Philippine Human Rights Act. “The United States’ aid, funded by the taxes of the American people, has only been used by Duterte’s administration to engender human rights violations and
war crimes for the past six years. It is high time for the United States to end its support for Duterte’s tyrannical rule,” she said. The Palace said in a statement that Biden invited heads of states and government, other government leaders and “voices from the business and nongovernment sectors” to join the United States in “taking action to strengthen democracy.” “[Mr.] Duterte welcomes the opportunity to share the Philippine democratic experience and commitment to democratic values and nation-building at the Summit for Democracy,” the Palace statement said. In his invitation, Biden said the United States will host the event “with humility and in the spirit of mutual learning.”
Respect for rights He added that together, nations will “embark on the work necessary to shape a prosperous and peaceful future built on respect for the rights and aspirations of all people.” “We recognize and appreciate your partnership in working to build democratic and human rights respecting societies that allow all citizens to thrive. In a moment of significant challenge and enormous opportunity, it is more important than ever for democracies to prove that we can deliver for the needs of our people,” the Palace quoted Biden as saying. Biden also said he looks forward to welcoming Mr. Duterte and hearing his ideas on “how we can foster a more democratic, equitable, inclusive and sustainable world.” ■
Donaire hopes to continue resurgence...
PAGE A1 Philippines, until he was six and attended the same school as PacMan. He moved to the United States at age 11 when he gained citizenship through family connections. Donaire’s amateur record of 68-8 includes winning three US national championships. Gaballo comes into the fight with a 24-0 record with 20 knockouts.
“I’m proud that there is another Filipino fighting at this level. I’m happy to be sharing the ring with Reymart,” Donaire said. “I know he’s very hungry and that he has a big dream, just like everyone in the Philippines. “I know that he’s going to be at his best, so I made sure that I’m prepared and at my best as well.” In his last bout, Gaballo won a split-decision victory over Emmanuel Rodriguez in a close
fight that some thought was won by Rodriguez. Gaballo has never faced anyone with the skills of Donaire so this will be by far the biggest challenge of his career. “When I look at my last fight, I see that I have to improve my head movement and throw more punches. I believe that I’ve made the improvements that I needed to during training camp,” he said. (Philstar.com with reports from AFP)
PAGE A1 show much lower figures in their vaccine databases, including California, with 86% inoculated, and West Virginia, with nearly 90% as of Dec. 6. The questionable CDC data on seniors’ vaccination rates illustrates one of the potential problems health experts have flagged about CDC’s covid vaccination data. Knowing with accuracy what proportion of the population has rolled up sleeves for a covid shot is vital to public health efforts, said Dr. Howard Forman, a professor of public health at Yale University School of Medicine. “These numbers matter,” he said, particularly amid efforts to increase the rates of booster doses administered. As of Dec. 5, about 47% of people 65 and older had received a booster shot since the federal government made them available in September. “I’m not sure how reliable the CDC numbers are,” he said, pointing to the discrepancy between state data and the agency’s 99.9% figure for seniors, which he said can’t be correct. “You want to know the best data to plan and prepare and know where to put resources in place — particularly in places that are grossly undervaccinated,” Forman said. Getting an accurate figure on the proportion of residents vaccinated is difficult for several reasons. The CDC and states may be using different population estimates. State data may not account for residents who get vaccinated in a state other than where they live or in clinics located in federal facilities, such as prisons, or those managed by the Veterans Health Administration or Indian Health Service. CDC officials said the agency may not be able to determine whether a person is receiving a first, second or booster dose if their shots were received in different states or even from providers within the same city or state. This can cause the CDC to overestimate first doses and underestimate booster doses, CDC spokesperson Scott Pauley said. “There are challenges in linking doses when someone is vaccinated in different jurisdictions or at different providers because of the need to remove personally identifiable information (deidentify) data to protect people’s privacy,” according to a footnote on the CDC’s covid vaccine
data tracker webpage. “This means that, even with the highquality data CDC receives from jurisdictions and federal entities, there are limits to how CDC can analyze those data.” On its dashboard, the CDC has capped the percentage of the population that has received vaccine at 99.9%. But Pauley said its figures could be off for multiple reasons, such as the census denominator not including everyone who currently resides in a particular county, like parttime residents, or potential datareporting errors. Liz Hamel, vice president and director of public opinion and survey research at KFF, agrees it’s highly unlikely 99.9% of seniors have been vaccinated. She said the differences between CDC vaccination rates and those found in KFF and other polls are significant. “The truth may be somewhere in between,” she said. Hamel noted the KFF vaccination rates tracked closely with CDC’s figures in the spring and summer but began diverging in fall, just as booster shots became available. KFF surveys show the percentage of adults at least partly vaccinated changed little from September to November, moving from 72% to 73%. But CDC data shows an increase from 75% in September to 81% in mid-November. As of Dec. 5, the CDC says, 83.4% of adults were at least partly vaccinated. William Hanage, an associate professor of epidemiology at Harvard University, said such discrepancies call into question that CDC figure. He said getting an accurate figure on the percentage of seniors vaccinated is important because that age group is most vulnerable to severe consequences of covid, including death. “It is important to get them right because of the much-talked-about shift from worrying about cases to worrying about severe outcomes like hospitalizations,” Hanage said. “The consequences of cases will increasingly be determined by the proportion of unvaccinated and unboosted, so having a good handle on this is vital for understanding the pandemic.” For example, CDC data shows New Hampshire leads the country in vaccination rates with about 88% of its total population at least partly vaccinated. The New Hampshire vaccine
dashboard shows 61.1% of residents are at least partly vaccinated, but the state is not counting all people who get their shots in pharmacies due to data collection issues, said Jake Leon, spokesperson for the state Department of Health and Human Services. In addition, Pennsylvania health officials say they have been working with the CDC to correct vaccination rate figures on the federal website. The state is trying to remove duplicate vaccination records to make sure the dose classification is correct — from initial doses through boosters, said Mark O’Neil, spokesperson for the state health department. As part of the effort, in late November the CDC reduced the percentage of adults in the state who had at least one dose from 98.9% to 94.6%. It also lowered the percentage of seniors who are fully vaccinated from 92.5% to 84%. However, the CDC has not changed its figure on the proportion of seniors who are partly vaccinated. It remains 99.9%. The CDC dashboard says that 3.1 million seniors in Pennsylvania were at least partly vaccinated as of Dec. 5. The latest census data shows Pennsylvania has 2.4 million people 65 and older. (Phil Galewitz/Kaiser Health News)
SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY IFB No. SP572-22 RAILROAD WASTE REMOVAL SERVICES THE Southern California Regional Rail Authority (SCRRA) is seeking bids to provide Railroad Waste Removal Services. IFB documents may be obtained at https:// metrolinktrains.com/doingbusiness (free registration). Electronic bids are due at 2:00 p.m. (PT) on January 12, 2022. For further information contact: Brian Jacob, Senior Contract Administrator at 213.452.0316 or email jacobb@scrra.net. 12/11/21 CNS-3536162# ASIAN JOURNAL (L.A.)
A6 DECEMBER 11-14, 2021 • LA WEEKEND ASIAN JOURNAL
OPINION
A human rights-based economy
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FEATURES
ON the eve of World Human Rights Day, the Supreme Court released its decision upholding the constitutionality of Republic Act 11479 or the AntiTerrorism Act, which went into effect in July last year. Only two provisions of RA 11479 were struck down by the SC – one that it deemed to curtail freedom of expression, and another upholding national sovereignty in identifying terrorist individuals or organizations. Senators hailed the SC ruling as a triumph of peace and defeat for terrorists, but the petitioners against the law expressed concern particularly over the provision allowing the detention of terror suspects for up to 24 days without formal charges. Balancing national security and civil liberties has been a continuing struggle around the world, especially after the deadly attacks launched by terrorists against soft targets including the World Trade Center in New York on Sept. 11, 2001. In the Philippines, where there is a genuine threat posed by violent extremists, the balancing act is complicated by human rights abuses committed by law enforcers particularly in fighting the illegal drug scourge. The pandemic did not stop the war on drugs; reports say 560 drug suspects
have been killed in anti-narcotics operations since COVID-19 entered the country. There are other aspects of human rights that the United Nations wants to highlight, however, as World Human Rights Day is marked today. With its theme revolving around equality, the UN is promoting the reduction of inequalities in all aspects life especially amid the COVID-19 pandemic. A “human rights-based economy” to break cycles of poverty must be the foundation of a new social contract, according to the UN, with equal opportunities for youth and promotion of the right to a healthy environment as well as climate justice. Conflict and crisis can also be tackled with a focus on human rights and policies against exclusion and discrimination. cine inequality and injustice. Emerging from the In the pandemic, the UN wants to reverse vac- pandemic, the world can “build fairer” through
Editorial
Duterte to defend self at US summit?
Postscript
FEDERICO D. PASCUAL JR. JOINING a U.S.-organized “Summit for Democracy” that starts today, President Duterte gains an opportunity to explain incidentally to the watching world the human rights violations and official corruption allegedly committed during his watch. Will he? The US Department of State said the virtual summit to be hosted by President Biden Dec. 9-10 will be live-streamed from its website. It will focus on three key themes that happen to be relevant to accusations leveled at Duterte: • Defending against authoritarianism • Addressing and fighting corruption • Promoting respect for human rights Malacañang said President Duterte has accepted US President Biden’s invitation to the forum, where a broad and diverse gathering of leaders from governments and the private sector is expected to exchange views and make commitments to advance democracy. Duterte has been cited in complaints filed with the International
Criminal Court in The Hague for alleged crimes against humanity that include extrajudicial killings. The accusations are being investigated to see if there is a judiciable case. Malacañang said Biden was looking forward to “welcoming Duterte and hearing his ideas on how they can foster a more democratic, equitable, inclusive and sustainable world.” “We recognize and appreciate your partnership in working to build democratic and human rights-respecting societies that allow all citizens to thrive,” the Palace quoted Biden. “It is more important than ever for democracies to prove that we can deliver for the needs of our people.” The Palace added, “President Duterte likewise welcomes the opportunity to share the Philippine democratic experience and commitment to democratic values and nation-building at the summit.” Observers have been looking for signs of the two leaders’ possibly warming up to each other as Duterte suffers embarrassment over China’s encroaching into the Philippines’ exclusive economic zone and its slackened delivery of promised aid, grants and investments. The U.S. summit has two stages. The ongoing first stage will gather the participants’ input.
The second stage next year will assess the output, or what was done after all that talking. (But by that time in late 2022, Duterte may no longer be the president.) The state department said it has been consulting experts from governments, multilateral organizations, philanthropies, civil society and the private sector “to solicit bold, practicable ideas” on the three focus themes. Participating leaders are encouraged to announce “specific actions and commitments to meaningful internal reforms and international initiatives that advance the summit’s goals” of countering authoritarianism, combating corruption and promoting respect for human rights. Civil society will be represented on panels and in townhalls based on various factors including geographic representation, political context and subjectmatter expertise. China says its ‘democracy’ is superior Chinese state media and diplomats have been ramping up criticism of American-style democracy, flaunting what they say is their superior “socialist democracy with Chinese characteristics” as applied, for instance, to COVID-19 management and social mobility. Vice Foreign Minister Le
It’s likely to be a boring election Commentary
RIGOBERTO TIGLAO IF you just look at the facts and the polls, as well as monitor the sizes of the rallies for the presidential and vice-presidential candidates, the team of Ferdinand “Bongbong” Marcos Jr. and Sara Duterte-Carpio look unstoppable that it could be the first ever boring election for the two highest posts in the country. Many of course would contest that forecast, pointing out that it’s too early to call it. They say that in the 2016 elections, then vice president Jojo Binay was the frontrunner, followed by two other strong candidates, Grace Poe and the Yellow forces’ Mar Roxas. They point out that Rodrigo Duterte at that time was the laggard in the race, but he unexpectedly zoomed up in the five months to May 2016. The facts do not support that narrative. Yes, Duterte got only 12 percent support compared to Binay’s 29 percent in one early poll, but this was way back in
Philstar.com photo
emphasis on the many aspects of human rights. (Philstar.com)
March 2015. By December 2015, he had 23 percent, statistically the same as Poe’s 21 and Roxas’ 21. Binay was still ahead, with 33 percent. These polls are in stark contrast to the presidential surveys on next year’s election done last October and November. Marcos, according to the October Social Weather Stations’ poll had a commanding lead, with 47 percent of respondents choosing him. That’s three times bigger than Robredo’s 18 percent, and four times Isko Moreno’s 13 percent. A new but respectable pollster, Publicus Asia, in its November poll shows Marcos’ support even moving up by 10 percentage points, to 57 percent. Robredo shed three points, and got only 15 percent, while Moreno was down to 7 percent. A privately commissioned pollster told me that his poll made in December shows 70 percent for Marcos. Other surveys, including Facebook-based surveys, confirm the SWS and Publicus findings. Not by any stretch of imagination could Robredo and Moreno, and certainly not Pacquiao and Lacson, zoom up Duterte-style in the next four months. (Yes, January to April is four months to the May 9 elections.)
Propaganda Binay, the frontrunner in the 2016 elections, gradually lost support mainly because the immense resources of the ruling Aquino 3rd administration were brought to bear on him through an intense propaganda campaign undertaken even in the halls of the Senate that it got to hog the headlines almost every day in the run-up to the May elections. Accusation after accusation was thrown at Binay, that he owned vast properties and got huge kickbacks in the construction of a Makati government building and a land deal involving the headquarters of the Boy Scouts which he controlled. While they were beating up Binay of course, Duterte — with his charisma of courage and identification with the ordinary Filipino — electrified the nation, to get 39 percent of the votes. The Yellows were beating up the wrong man. In contrast, the Duterte administration is obviously not out to take down Marcos. Even if the President has not endorsed Marcos and has even criticized his qualifications, his running mate after all is Duterte’s beloved unica hija. The once powerful Yellow forces are all but gone, that even Robredo chose to change her campaign color — to the de-
Yucheng described the summit organized by the U.S. as the “very opposite of democracy” because, according to him, it is divisive and “points fingers” at other countries. China was not invited to the U.S. summit. “China’s ‘whole-process people’s democracy’ is not the kind that wakes up at the time of voting and goes back to dormant afterward,” Le told foreign media at an event in Beijing on Thursday. China has become increasingly authoritarian under President Xi Jinping, 68, who has also been general secretary of the Chinese Communist Party and chairman of the Central Military Commission since 2012. Paramount leader Xi was the first to use the term “whole-process democracy” in 2019. The concept was enshrined in law last March. Saying that its version of democracy is superior, China describes it as consultative and more representative, with voting permitted at the very local level and public feedback collected before any law is implemented. Democracy under constant challenge In a backgrounder, the U.S. State Department noted that democracy and human rights are under threat around the world. It said: “Democracies – wheth-
er in transition or established for decades – are confronting serious challenges from within and outside of their borders. Public distrust and the failure of governments to deliver equitable and sustainable economic and political progress have fueled political polarization and the rise of leaders who are undermining democratic norms and institutions. “Across the globe, weak state capacity, tenuous rule of law, high inequality and corruption continue to erode democracy. “At the same time, authoritarian leaders are reaching across borders to undermine democracies – from targeting journalists and human rights defenders to meddling in elections – all while sowing disinformation to claim their model is better at delivering for people. Hostile actors exacerbate these trends by increasingly manipulating digital information and spreading disinformation to weaken democratic cohesion. “As President Biden has said, we have to prove democracy still works and can improve people’s lives in tangible ways. To do that, democracies have to come together – to rejuvenate and improve our open, rights-respecting societies from within, to stand together in defending against threats from autocracies
and to show we can address the most pressing crises of our time. “The summit will provide an opportunity to reflect, listen and learn, as well as to plan and act, so that we can build a shared foundation for global democratic renewal. “All democracies, including the United States,?face challen ges.?Participating in the summit provides an opportunity for governments, civil society and members of the private sector to make meaningful public commitments in support of democracy, human rights and the fight against corruption at home and abroad. “The U.S. government will announce new actions and commitments in areas such as bolstering free and independent media, fighting corruption, defending free and fair elections, strengthening civic capacity, advancing the civic and political leadership of women, girls and marginalized community members, and harnessing technology for democratic renewal.” (Philstar.com) ***
risory pink. In contrast to Binay who obviously couldn’t claim to be squeaky clean in his and his family’s 19-year rule over Makati, the richest city in the country since 1986, Robredo can’t find any issue to hurl against Marcos except that he is the son of Ferdinand Marcos, whom she assumes, wrongly I think, most Filipinos hate because of his martial law rule — which ended 35 years ago. Filipinos don’t like that, and for more than three decades the myths and lies of the Yellow forces were being debunked in the past few years. Marcos’ wide lead over Robredo is proof that her win in the 2016 vice-presidential elections was because of massive cheating, and the recent polls simply confirm what should have been the results if it had been a clean election. The Yellow forces believed in the fiction they created, and they should have had a reality check and developed in the past five years another candidate for president not just with the qualifications but with characteristics and political instincts to win in the first place. Robredo is totally out of her weight class. Actors spend millions for personal trainers and dietitians as they know that their income depends a lot on their looks. Robredo has become obese in the
past year, a no-no in a contest that involves looks. By contrast, Marcos and even Sara seem to have spent a lot of time in gyms. Filipinos just like how they look. Manhattan candidate Robredo’s base of support is merely in her home region Bicol, but not even half of that. Her support comes also from a small section of the upper- and middleclass who would vote only for somebody like them. This would account for at most 10 percent of the voters. Robredo is really the “Manhattan candidate” — financed by that billionaire Filipino American who has a huge penthouse there overlooking Central Park. In contrast, Marcos’ main base is of course from the Ilocanospeaking provinces who felt all these 35 years that his father’s overthrow was the height of injustice, undertaken by an unholy alliance of the US, the Communist Party and the Yellow forces. What we are seeing now in Marcos’ massive rallies is the explosion of their pent-up emotions. The Marcos-Duterte team also has the support of kingpins in the provinces around Manila — such Gloria Macapagal Arroyo and the Remullas of the vote-rich Cavite. Based on the Publicus Asia poll done last month, 50 percent of respondents in the National Capital Region will vote for Marcos, nearly twice the 27 percent
for Robredo. Eastern Visayas, where his mother comes from, is also a base of support, especially because of the inexcusable bungling of the Aquino administration in addressing the horror of the Yolando super typhoon that hit Samar and Leyte in 2013, claiming the lives of 6,000 Visayans. Among the large religious sects, the Iglesia ni Cristo and the El Shaddai are said to be fully supporting Marcos. The INC particularly is livid over Robredo’s win in 2015 as the electoral count in many of their known “locals” yielded even zero votes, an impossibility with the group’s well-known hold on the voting preferences of their members. Sara Duterte-Carpio as Marcos’ running mate has given her rocket boost, as after all she is the daughter of the most popular Philippine president ever. But even on her own, and with her looks, she has developed a kind of charisma that Filipinos seem to have fallen in love with her, enough to throw their support to the Marcos-Duterte team. If Marcos has his Solid North supporters, Sara brings to him the South, Mindanao. Based on the Publicus Asia poll, Marcos support in Mindanao is at 70 percent — even more than his 60 percent in Northern and Southern Luzon.
The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
*** NB: All Postscripts are also archived at ManilaMail.com. Author is on Twitter as @ FDPascual. Email: fdp333@yahoo.com
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SFIO closes $5M series of global distribution partnerships for premium beverages and New Zealand Manuka honey GLOBAL asset management company Starfleet Innotech, Inc. (OTC: SFIO-Smokefree Innotec, Inc.) entered into a partnership last month with food ingredients supplier Annapolis Co., Ltd., granting SFIO distribution rights over a suite of products under their premium beverage solutions brand LongBeach. This is the latest in a series of agreements the asset company has signed, following a similar arrangement with SFIO’s New Zealand-based subsidiary Gorgeous Coffee Co. Altogether, these partnerships are projected to launch SFIO towards their $100 million revenue target by the end of 2022. With this latest partnership, Thailand’s leading premium ingredients supplier for beverages and bakeries, Annapolis Co., Ltd., will see its LongBeach brand premium purees, syrups, sauces, powders, and teas sold across SFIO’s sprawling food service network in Australia and New Zealand. According to the latest data from Statista, despite the ongoing pandemic, Australia and New Zealand’s cafes, restaurants, and takeaway food services together present a roughly $36 billion market, which is expected to grow steadily over the next few years. Beginning January 2022, SFIO will be the sole distributor of LongBeach products across these two markets’ thriving food service industries. The company expects this deal alone to bring in up to $5 million in additional revenue for SFIO’s food and beverage division. Earlier this year, SFIO established a global expansion roadmap for their fully-owned sub-
sidiary Gorgeous Coffee Co. that would see New Zealand Manuka honey and a premium health brand of 5-in-1 Instant Coffee reaching U.S. shelves as early as next year. New Zealand’s Manuka honey, considered the best in the world, is a highly valued, energy-boosting superfood boasting a distinct earthy flavor and health benefits such as antioxidants, probiotics, and antibacterial support. The honey is graded according to a global potency scale called the Unique Manuka Factor, or UMF. Come January 2022, SFIO will be distributing Manuka honey variants, including UMF 5+, UMF 10+, UMF 15+, and UMF 20+. Revenues from this arrangement are expected to reach $1 million by the end of 2022. Samples of the Manuka honey products have already been shipped to the United States and parts of the United Arab Emirates, with SFIO currently working on sending more to other countries across Asia. Similarly, Gorgeous Coffee Co.’s 5-in-1 Instant Coffee will be exported across the United States, Australia, and Asia, including the United Arab Emir-
ates. The product is a healthful mix of premium Arabica coffee, Manuka honey, barley grass, non-dairy MCT creamer, and Stevia. In addition to the benefits of Manuka honey, the instant coffee mix claims to aid in digestion, reduce inflammation, and boost immunity thanks to its barley components. Followers of the popular keto diet will also appreciate the instant coffee’s MCT creamer, an easy-to-digest alternative to traditional dairy. The instant coffee product is expected to bring in at least $2 million in additional revenue for SFIO. Samples have already been sent to potential partners in the United States. These partnerships play into the asset management company’s long-term ecosystem strategy, which prioritizes high-value synergies across its growing portfolio of companies. Leveraging the expanding footprint of its food and beverage businesses, including flagship franchise business Epiphany Cafe, these products will be rapidly stocking shelves across the globe as early as the first quarter of next year. (Advertising Supplement)
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DATELINE PBattle HILIPPINES over anti-terror law ruling just starting
VP Leni Robredo: Lines open for consolidation of forces in 2022 elections by XAVE
GREGORIO Philstar.com
MANILA — Vice President Leni Robredo said on Friday, December 10 that she remains open to talking about the possibility of consolidating forces for the 2022 elections to ensure victory for the opposition. “We haven’t stopped talking to many groups, in fact that’s what we’ve been doing everyday from the time when I was not yet a candidate up to now,” Robredo said in Filipino. Robredo, who is running for president in next year’s polls, said she has been in talks with various groups, including those who are not exactly aligned with her beliefs to find commonalities from which they can build their relationship on. The vice president was re-
sponding to a question about her fellow presidential aspirant, labor leader Leody de Guzman, who has said that he is open to speaking with other hopefuls to resolve the people’s problems and thwart a victory of the Marcos-Duterte tandem. The duo of former Sen. Ferdinand “Bongbong” Marcos and Davao City Mayor Sara Duterte-Carpio is emerging to be the tandem to beat in next year’s polls as they have led in early surveys and secured the support of moneyed and powerful political clans. Prior to announcing her candidacy for president, Robredo had been focused on speaking to different non-administration politicians in the hopes of fielding a single candidate that would go up against President Rodrigo Duterte’s anointed
It’s likely to be a boring...
PAGE A6 Vice president In contrast, Robredo could not have chosen a worse running mate than the prematurely phlegmatic Sen. Kiko Pangilinan. He was a councilor in Quezon City and then lost in his bid to be congressman in 1992. But he married the popular actress Sharon Cuneta in 1996, three years after he had her previous marriage annulled in 1993. With her by his side in all rallies, Pangilinan won a Senate seat in 2001. I think Pangilinan adds zero to voters for Robredo. If Robredo thought he could add to the campaign war-chest, she is terribly, terribly wrong. I don’t think there’ll be any surprises in the coming months, and I cannot find any engine that would miraculously boost Robredo’s bid in the coming four months. This is especially so as she and her people have demonstrated unbelievable brainlessness and amateurishness in the past months. A handful of rice with her campaign leaflets? A painting of her on Facebook with Jesus Christ looking over an assembly of believers? Only the US can save this Manhattan candidate, as they’d want
to revert the Philippines to its former status as its most malleable puppet, especially to use against its superpower rival, China. But after US ambassador Sung Kim left Manila in October 2020 to go to Indonesia, only a deputy chief of mission has run the embassy since. And last September only a chargé d’affaires, ad interim — an official ranked lower than an ambassador — was appointed to run it. Message That is usually a message that one nation doesn’t really care much about a particular country at a particular time that it won’t post an ambassador there. But it also means it would be very difficult for the Americans to mount a campaign against Marcos, since they don’t have a senior diplomat on the ground to coordinate the plot, as they did in the person of the highpowered Ambassador Michael Armacost when they literally removed Bongbong’s father by shanghaiing him to Hawaii in a C-130. It is also fortuitous for Bongbong that the US, with a lessthan-energetic president, has its hands full with crises — its fail-
bets. But following her bid for Malacañang, the vice president changed tack and said that her focus now is no longer uniting candidates, but the people, as her previous discussions with fellow candidates revealed that they did not see eye-to-eye on key issues. This has left the opposition fractured and without a single candidate that could go up against Duterte’s chosen candidate or against Marcos. Both Robredo and De Guzman have positioned themselves as opposition candidates, while politicians aligned with the administration have been flocking to the Marcos-Duterte tandem as the ruling Partido Demokratiko Pilipino – Lakas ng Bayan emerged without a standard bearer. ■
by WILLIAM DEPASUPIL AND CHRISTIAN CROW MAGHANOY ManilaTimes.net
THE legal battle over the Supreme Court ruling declaring two provisions of the Anti-Terrorism Act as unconstitutional is far from over, Justice Secretary Menardo Guevarra said on Friday, December 10. Guevarra said he expects appeals to be filed by both plaintiffs and defendants, “so nothing is final yet as of this time.” “It is a litigant’s statutory right to seek a reconsideration of any judgment that is adverse to him/ her. That is the essence of our judicial system,” he said. In a 12-3 vote, the Supreme Court declared as unconstitutional the qualifier to the proviso in Section 4 of Republic Act (RA) 11479, “which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety.” Also ruled as unconstitutional by a vote of 9-6 is the portion in Section 25, paragraph 2 that states: “Request for designation ure to contain the Covid-19 pan- by other jurisdictions or suprademic, thousands of migrants in- national jurisdictions may be advading its southern boundaries, opted by the ATC (Anti-Terrorism China supposedly gearing up to Council) after determination that take over its rogue province Tai- the proposed designee meets the wan, and now Russia allegedly criteria for designation of UNSCR threatening to invade Ukraine. However, it would be far from being boring if by some satanic maneuver, Bongbong is disqualified from running. In that case, it will be a real revolution, from north to south. That is one reason why it has by BEN DE VERA been the Red fronts and known Inquirer.net communists who have filed the MANILA — The University of disqualification cases, thinking a period of political chaos would the Philippines (UP) has joined a be to their party’s and its NPA’s consortium of universities across advantage. That would be a huge the globe which would try to premistake. This time around, they vent lives from being lost to natuwill certainly be wiped out by the ral calamities, the United States Agency for International Developreal patriots. (ManilaTimes.net) ment (USAID) said. *** In a Dec. 8 statement, USAID The opinions, beliefs and viewpoints expressed by the author do not necessarily said it set aside a $3-million fundreflect the opinions, beliefs and viewpoints of ing support for its partnership the Asian Journal, its management, editorial with seven universities which will “build the evidence base for early board and staff. actions that save lives before di*** saster strikes.” Facebook: Rigoberto Tiglao “This consortium of universiTwitter: @bobitiglao ties will encourage innovations Archives: www.rigobertotiglao.com Book orders: www.rigobertotiglao.com/ that help humanitarian organizations and communities act early debunked
(United Nations Security Council Resolution) No. 1373.” All the other provisions of the law “are not unconstitutional,” the court ruled. Guevarra said the implementing rules and regulations (IRR) of RA 11479 will stay in force until all motions for reconsideration are heard and resolved. “Assuming, however, that the ruling on the invalidated provisions would remain, the corresponding provisions in the IRR will automatically cease to exist too, without any action on the part of the ATC,” Guevarra pointed out. Under RA 11479, the ATC can order the arrest and detention of suspects without warrants for up to 24 days. The council can also conduct surveillance operations on people who are merely suspected of terrorism. As Justice secretary, Guevarra sits in the ATC, a body composed of executive officials headed by Executive Secretary Salvador Medialdea. Close to 40 separate petitions were filed before the Supreme Court challenging the constitutionality, in whole or in part, of RA 11479. President Duterte signed RA 11479 into law on July 3, 2020. It took effect 16 days later. The National Task Force to
End Local Communist Armed Conflict (NTF-Elcac) on Friday said it welcomes the Supreme Court ruling on the two provisions of the Anti-Terrorism Law. “This ruling exhibits the Supreme Court at its finest, and showed that it is a bastion of Justice and Fairness for all Filipinos seeking to protect the sacrosanct rights to life and liberty. And, this victory of the Republic is a victory for the Filipino people over terrorism which is regarded as a crime against the Filipino people, against humanity, and against the Law of Nations,” the task force said in a statement. It said it recognized Section 4 and paragraph 2 in Section 25 of the law as “quite insignificant,” and will not affect it as a whole. “This victory will ensure that the Philippines has a dynamic law, at par with other countries, aimed in vanquishing terrorism balanced with the protection of human rights. Today’s ruling, serves as a stern warning against those malevolent groups or individuals who sow terrorism that Philippines is not a safe haven for them, and that they will be hunted down and prosecuted to the fullest extent of the law,” NTF-Elcac said. “Victory is sweetest when it is for the People,” it added. ■
UP joins US-funded consortium to ‘save lives before disasters strike’ to respond to emergencies,” USAID said. The consortium will be led by Tufts University in the U.S. Besides UP, the five other universities included Bangladesh University of Engineering and Technology, Eduardo Mondlane University in Mozambique, Makerere University in Uganda, National University of Lesotho and University of Namibia. “This new project will collaboratively evaluate real-time anticipatory action programs –or programs that focus on anticipating and preparing for disasters to mitigate their impact–to identify the most effective ways to help the most vulnerable people before a crisis pushes them further into life-threatening situations,”
USAID said. “The goal is to help communities in more than 60 countries over two years,” it said. “The project will also conduct research to support and strengthen the design, data collection, analysis, and reporting of evaluation results of anticipatory action efforts,” USAID added. USAID said it estimated that in 2022, “one in 29 people are projected to need humanitarian assistance to survive—a record high.” “To meet the vast needs, research like this is critical as the international community looks for innovative, cost-effective ways to save more lives and support the early recovery of vulnerable populations,” according to USAID. ■
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list. Similarly, as local THE Department of State conditions change, and (DOS) recently announced Immigration more interview slots open a change in policy up, and more staff returns concerning scheduling of Corner to the embassies to take immigrant visa interviews. on a bigger caseload, Previously, immigrant visa the local embassies are interviews were scheduled better equipped to do the using a tiered approach Atty. MichAel discretionary scheduling. to triage immigrant visa Gurfinkel, eSQ While this is good news, it applications. The tiers, or would be great news if the existing backlog order of priority were: Tier 1: immediate relative adoption visas, could be cleared as soon as possible so that age out cases, special immigrant visas, and people who have been patiently waiting for years can finally have their visas issued. emergency cases; If your case has been “documentarily Tier 2: immediate relative visas (spouse or child of U.S. citizen), fiancées and returning qualified” with the NVC, or you had already been interviewed at the embassy, but residents; Tier 3: all other family-based petitions; nothing has been happening with your case, you may want to consult with an attorney, to and Tier 4: all other immigrant visas including make sure your case is still on track, versus forgotten or fallen through the cracks. employment cases. *** Under the new policy, embassies no Michael J. Gurfinkel has been an attorney for over longer have to follow this tiered approach, but instead can use their own discretion or 40 years and is licensed, and an active member of the judgment on how to schedule immigrant State Bars of California and New York. All immigration visa interviews: “Embassies and consulates services are provided by, or under the supervision of, an have broad discretion to determine how active member of the State Bar of California. Each case to prioritize visa appointments among the is different, and results may depend on the facts of the range of visa classes as safely as possible, particular case. The information and opinions contained subject to local conditions and restrictions.” herein (including testimonials, “Success Stories,” What this means is embassies no longer endorsements and re-enactments) are of a general have to follow a rigid, tiered approach nature, and are not intended to apply to any particular in scheduling interviews. Instead, if case, and do not constitute a prediction, warranty, their calendar allows, they can schedule guarantee or legal advice regarding the outcome of employment or other family-based cases, your legal matter. No attorney-client relationship is, without worrying about prioritizing or shall be, established with any reader. WEBSITE: www.gurfinkel.com immediate relative cases. Follow us on Facebook.com/GurfinkelLaw, YouTube: I think this is a great idea, because embassies are in a much better position to US Immigration TV and Instagram.com/gurfinkellaw Call Toll free to schedule a consultation for anywhere gauge their own local conditions in terms of Covid restrictions, staffing, lockdowns, in the US: 1-866-487-3465 etc. Scheduling of immigrant visa interviews (866) – GURFINKEL could be compared to reservations on an Four offices to serve you: airplane, where the gate agent is in the best LOS ANGELES ∙ SAN FRANCISCO ∙ NEW YORK ∙ position to figure out seating arrangements on the aircraft, and if there’s a cancellation, PHILIPPINES to fill the seat with someone on the standby (Advertising Supplement)
BANNED FOR LIFE NO MORE THIS SUNDAY ON CITIZEN PINOY. Joyce (center) petitioned her fiancé, Ronald (left), in 2006. However, while the K-1 petition was approved in 2007, his visa was denied due to Ronald’s admitting to drug use to the doctors at St. Luke’s. He was then banned for life from entering the U.S. In 2011, leading U.S. Immigration Attorney Michael J. Gurfinkel (right) was able to convince the U.S. Embassy in Manila to change their policy, and they agreed they would not ban people for life if the only “evidence” is the person admitting drug use to the doctors at St. Luke’s. In 2016, MJG was able to clear Ronald’s name, and Ronald’s immigrant visa was issued. Watch this success story on an encore episode of “Citizen Pinoy” this Sunday, December 12 at 6:30 PM PT (9:30 PM ET) through select Cable/Satellite providers, right after TV Patrol Linggo. (Advertising Supplement)
Despite challenges, Rocco adjusting well to ‘new chapter’ in his life Gohing, want to make sure that they’re fully settled and prepared to Inquirer.net make that step. “Honestly speaking, ROCCO Nacino has been raring I would really love to have a kid now. to start a family. But first, he and But we still have other things to his wife, volleyball star Melissa prioritize… I think we have enough by AllAn
PolicArPio
time. We’re just about to celebrate our first wedding anniversary [in January],” the actor said in a recent virtual conference for his contract renewal with GMA Artist Center. PAGE B2
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Why Derek prefers to have a son Gerald praises Gigi’s performance in their first series together rather than a daughter with Ellen By Dolly
Anne CArvAjAl
Inquirer.net
POPS Fernandez and I have been friends for over three decades—and counting. That is why I never miss her birthday parties. Aside from her natal day, I also celebrate our friendship every 12th of December. This year, Pipay (her nickname) had an advance celebration because she is leaving for Las Vegas to spend the holidays
with her two Vegas-based sons, Robin and Ram. It was held at CDG Garden in Antipolo and catered by Florabel. Spotted at the fete were Derek Ramsay, Ellen Adarna and her son Elias, the parents of Derek, Chavit Singson, Joy Ortega, Toni Abad, Vina Morales and other close friends of Pipay. The birthday girl recently made a big reveal in her vlog about her past romance with Piolo Pascual and Aga Muhlach. At the moment,
Pipay is “loverless,” but she will never be “loveless” because her friends and family make her heart runneth over. Happiness was written all over Derek’s face, so I told him, “You look younger now. Marriage suits you.” He shot back, “Maybe because I grew my hair (laughs). Well, there’s no stress kasi at all with Ellen. She and Elias are my world now. But I told John Lloyd that I know my place in his son’s PAGE B6
Despite challenges, Rocco...
PAGE B3 “Our friends tell us that our lives will completely change once we have kids,” he added. “So, for now, we want to enjoy our time together.” Married life has been “wonderful,” but there’s still “a lot of learning to do,” Rocco related. “This is a new chapter for the two of us. We’re still adjusting and there are things we’re still getting used to. We get to discover new things about each other now that we live under one roof. It’s a wonderful process.” Thoughtful, caring And he can’t be more in love with his wife. “They say that Ilonggos are ‘malambing.’ And she is. I can attest to that,” he said of Melissa, whom he married in January this year. “She’s very thoughtful. Grabe ang pagaalaga. When I’m about to go to locked-in tapings, she makes sure I have everything I need. She has a list! It’s heartening to be with someone so caring. I love that about her.” Another milestone for Rocco this year is the completion of his new home. And while they’re now enjoying their time in it, there were some challenges along the way. “The house was still being built when the pandemic struck, so it was hard on me financially. But I do have my parents to thank for instilling in me the value of saving money in case of emergencies. That’s what helped pay our contractors and suppliers,” he told the Inquirer. Share of struggles “While my social media posts show us super happy, we still
Rocco Nacino with wife Melissa Gohing
have our share of struggles. I’m not yet financially comfortable. I’m still working hard for our necessities, especially now that times are hard for us actors who don’t get as many projects as we used to,” he said. Being given two series—“Owe My Love” and—“To Have and to Hold” by the Kapuso network this year has been a blessing. “I’m very thankful for the projects I had. Sometimes, you get only one. But this time, I had a limited participation in ‘Owe My Love’ and also an ongoing show,” the 34-year-old actor said. “Having those two is a bonus and was a huge help in building my home. Everything I work for is no longer just for me, but for my family and our future.” While pandemic restrictions have recently eased up, Rocco isn’t taking any chances when he goes to work or with his family. This is where his nursing background comes in handy.
Photo from Instagram/@nacinorocco
“I’m thankful for good health and the educational background,” said Rocco, who passed the nursing licensure exam in 2009. “Sobrang kulit ko sa family. I’m quite the nagger when I remind them about what to do when they go outside, or go back to the house. We’re still strict about following protocols.” Rocco’s part in the primetime drama “To Have and to Hold” was originally for Derek Ramsay, who had to eventually pull out. The soap turned out to be a success. “When Derek learned that I was going to replace him, he said he was happy I got the role. I was glad to hear that because that meant he trusted me,” he said. More than the show’s good ratings, Rocco is also grateful for the acting challenge it presented to him. “I had no idea how deep I had to dig for the character, so it took me a while to get out of it. And I was pleasantly surprised with the results,” he said. n
By ChArmie joy
PAgulong Philstar.com
THE newly-launched pairing of Gerald Anderson and Gigi de Lana is off to an interesting start with a romantic-comedy series, Hello, Heart, one of iQiyi’s pioneer local originals in Southeast Asia, in partnership with ABS-CBN. Gerald and Gigi gave everyone a glimpse of their onscreen chemistry during a virtual media conference when the former surprised his co-star with a bouquet of flowers, while she was belting out Roselle Nava’s Bakit Nga Ba Mahal Kita, the series’ official theme song. “Nagulat ako tsaka kinilig na rin. ‘Andito si Gerald, paano ko makakanta ‘tong birit part na ‘to? OK, focus muna ako sa song.’ And then, I looked at him. Thank you so much sa pa-flowers mo,” replied Gigi when asked about her thoughts on their first scene together. Gigi also recalled how “excited and nervous” she was when she found out that she would be paired with the Kapamilya actor in the upcoming series, in which she would essay her first lead role. “Kinabahan ako, iniisip ko kasi paano ba ako aarte. Ano na siya, batikan na siya eh. I watched Gerald’s movies. I don’t know, ma-i-intimidate ba ako? Iniisip ko na lang marami akong matutunan dito sa taong ‘to,” said Gigi. In the series, Gigi plays the character Heart, a beautiful, perky and hardworking woman but who is very unlucky in life. As per media release, Heart’s life starts to turn around upon meeting Saul (portrayed by Gerald), an emotionless, business-as-usual guy, who hires her to pretend to be his wife to please his grandmother with dementia. Saul, being doubtful of Heart at first, decides to watch her every move until he finds himself falling for her. A series of unexpected events happen between the two, who continue to pretend to be a couple in the presence of Saul’s grandmother, while trying to dodge the romantic feelings that have developed between them. Starstruck, Gigi was intimidated in meeting the actor for the first time. “Pero kasi inisip ko na bakit pa ako ma-i-intimidate, pakita ko na agad kung sino ako. So, nung nakita ko na siya, kaharap ko na siya, ‘Ay ang gwapo mo naman.’ I literally told him that.” Gerald laughed and responded, “Sorry po, maganda nanay ko. Hahaha!” The singer-turned-actress was, nonetheless, thrilled because she finally got to meet “the one and only Gerald Anderson.” One memorable thing that stuck with Gigi during the taping was when Gerald told her to work out. “Sabi ko, di mo kailangan. Iba yung dating sa’yo, ah,” he explained in a playful mood. “Sinabi ko ‘yun para mailabas mo ‘yung stress… Kasi yung back story nun, ‘pag may rest day kami, nag-wo-work out ako, nagdadala ako ng sariling gamit ko. Working out is my stress reliever. That’s why I suggested it,” he added. On the other hand, Gerald was also “excited” to portray Saul, the “character I’ve always wanted to
Gerald Anderson and Gigi de Lana play love interests in iQiyi’s first Filipino original series, “Hello Heart”. ABS-CBN photos
play. You know, business tycoon and very me. It’s a dynamic character.” When he received the news that he would be teamed up with Gigi, Gerald immediately searched her on YouTube and watched her singing videos. “For some reason, it always works when there’s a fresh and new tandem. It excites me because it’s another challenge as an actor. And it’s exciting for the fans.” As her onscreen partner, Gerald made sure Gigi felt comfortable on set. “We are in a high-pressured, sensitive and vulnerable environment. Kailangan comfortable siya. And then, the rest happened. Sa awa ng Diyos, naging OK naman (chemistry). Nag-enjoy kami and (I) feel like we made magic. So, sana maging magic din siya sa Dec. 15.” The Kapamilya star was also awed by Gigi’s “outstanding” performance as an actress. “ABSCBN would be so proud of her. And her fans, they will also be proud of her kasi napapanood siya sa YouTube, ‘yung ginagawa niyang pagkanta. Ito ‘yung ibang platform.” “She’s outstanding. And not just because of the performance, pero ‘yung effort na binigay niya, ‘yung passion na binigay niya, ‘yung puso,” said PAGE B6
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When is my prenuptial Filing bankruptcy to eliminate credit card debt agreement not enforceable? DO you have sleepless nights worrying about your credit card debts? Are you feeling hopelessly trapped with no way out? If you are up to your eyeballs in credit card debt and have no way of paying back what you had borrowed, a lot of things may be going through your mind at the moment. You may be feeling ashamed, helpless, confused, or even angry. Perhaps you’ve heard of bankruptcy and how it may help you obtain a fresh financial start, but you think that this option may be too drastic for you. Or maybe just the thought of going to a lawyer’s office to discuss the possibility of filing for bankruptcy is enough to send chills down your spine. I feel your pain. Listen to me! You can relax and get over your fear. I mean it. First of all, it’s not the end of the world. At one time or another, we all face financial difficulties in life so you’re not alone. But it is important for you to at
EMPLOYMENT
Minding Your Finances Atty. RAymond BulAon least explore all available options instead of making a rash decision. In some cases, bankruptcy may be your only solution. In other cases, it may be the worst thing you can do. When appropriate, bankruptcy is a legal remedy that allows you to either discharge (wipe out) debts that you can no longer pay or at least restructure (consolidate) other problem debts. Sometimes, all people need is time to get caught up after having fallen behind in payments. For example, if you are in danger of losing your home or your car (How are you going to work if you lose your vehicle?), bank-
ruptcy may help you stop the creditor from taking legal action. The reason that I am writing about credit cards in this week’s article is because this type of debt seems to be the most common. In many instances, people have simply charged more on their credit cards than they are able to pay back, and this could have serious consequences. Creditors may sue and obtain a judgment. They then enforce the judgment by placing a lien on your property or garnishing your wages. A lot of people feel embarrassed about being called at work by bill collectors and they fear that this may cause them to lose their job. Bill collectors are often rude, obnoxious and abusive and their only job is to make your life miserable so you can cough up the money to pay them. Filing bankruptcy immediately stops creditor harassment and for once, you are able to breathe PAGE B6
EMPLOYMENT
Barrister’s Corner Atty. Kenneth uRsuA Reyes MANY people are of the perception that simply downloading a prenuptial agreement from the internet and signing it with their fiance offers them a bullet proof protection from a divorce. What many people do not know is that certain statutory requirements must be met in order for the prenuptial agreement to be valid and to withstand attack in court by your future spouse’s lawyer. Family Code Section 1615 provides that a prenuptial agreement is not enforceable if the party against whom enforcement is sought proves either of the following (1)
that party did not execute the agreement voluntarily or (2) The agreement was unconscionable when it was executed and, before execution of the agreement, all of the following applied to that party:(A) That party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party. (B) That party did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided.(C) That party did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. The issue of unconscionability shall be decided by the court as a matter of law. A prenuptial agreement shall be deemed not executed voluntarily unless the court finds in writing or on the record
EMPLOYMENT
FOR RENT
all of the following: (1) The party against whom enforcement is sought was represented by independent legal counsel at the time of signing the agreement or, after being advised to seek independent legal counsel, expressly waived, in a separate writing, representation by independent legal counsel. The advisement to seek independent legal counsel shall be made at least seven calendar days before the final agreement is signed. (2) One of the following:(A) For an agreement executed between January 1, 2002, and January 1, 2020, the party against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and advised to seek independent legal counsel and the time the agreement was signed. (B) For an agreement executed on or after January 1, 2020, the party PAGE B5
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How we can be joyful Pastor’s Notes reverend rodel G. BAlAGtAS JOY! It’s the theme for this Third Sunday’s Advent Liturgy. As a matter of fact, the third Advent candle symbolizes hope. And so, this Sunday’s Scriptures speak loudly about it. In the First Reading (Zephaniah 3:14-18a), we find that Zephaniah invites Zion to rejoice even though most of his prophecies are about predictions of judgment. And so he tells them: “Shout for joy, O daughter Zion! Sing Joyfully, O Israel! Be glad and exult with all your heart, O daughter Jerusalem.” Not only does Zephaniah tell his people to rejoice, but he also urges them to take courage as in his words: “Fear not, O Zion, be not discouraged! The Lord, your God, is in your midst, a mighty savior; he will rejoice over you with gladness, and renew you in his love….” Prophet Zephaniah’s words fit
into the context of today’s world because of the continuous threat of the coronavirus to our physical, mental, and spiritual health and our economy. Therefore, we all need to hear uplifting and encouraging words. Paul does a similar task in this Sunday’s Second Reading (Phil 4:4-7). He insists to the Philippians: “Rejoice in the Lord always. I shall say it again: rejoice! The Lord is near. Have no anxiety at all, but in everything by prayer and petition, with thanksgiving, make requests known to God.” It’s like saying to us, “Don’t stop praying. Don’t stop trusting God. Keep asking him for all your needs. Keep hoping that this crisis will pass. In connection with the theme of Advent, keep hoping for the Lord is near!” You might say that it’s not easy to say these words in a society where there seems to be general anxiety. It’s because of fear of losing control over one’s health, profession, and loved ones. Therefore, we need help mourning our limitations and life’s impermanence and allowing God to take charge during this time. We need to surrender to his providential care.
There are times when we have to say, “God, it’s all under your control now. I’ve done everything possible to take care of my life and family and fulfill my duties. I surrender everything to you, including this pandemic fear. I’m tired of controlling everything, which gives me more anxiety. I’d rather trust your benevolence.” Amazingly, our daily exercise of this act of surrendering to God would give us joy and peace. And this exercise allows us to continue to love, care, dream, plan, explore, wonder, smile, giggle, and most of all, be grateful to God despite any adversity. So, let’s make peace with our losses and know that we are not alone. For God is our partner, so we choose to love, not fear. We make a space to let God do his part. It’s then that we experience interior joy. *** 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.
When is my prenuptial... PAGE B4 against whom enforcement is sought had not less than seven calendar days between the time that party was first presented with the final agreement and the time the agreement was signed, regardless of whether the party is represented by legal counsel. (3) The party against whom enforcement is sought, if unrepresented by legal counsel, was fully informed of the terms and basic effect of the agreement as well as the rights and obligations the party was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written. The explanation of the rights and obligations relinquished shall be memorialized in writing and delivered to the party prior to signing the agreement. The unrepresented party shall, on or before the signing of the premarital agreement, execute a document declaring that the party received the information required by this paragraph and indicating who provided that information. (4) The prenuptial agreement was not executed under duress, fraud, or undue influence, and the parties did not lack capacity to enter into the agreement. Having both you and your fiance represented by separate counsel during the drafting and execution of your prenuptial agreement can help
avoid any of the problems noted above which will can result to your prenuptial agreement being found to be invalid by the court during your divorce proceeding and your assets divided according to California community property law. *** 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 Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APLC is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@kenreyeslaw.com. Visit our website at kenreyeslaw.com. (Advertising Supplement)
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Remedies for employees fired due to whistleblowing retaliation How reporting employer’s violations resulted in monetary awards to other employees
complaints both internally and to a government agency about her findings. Teresa also filed a Private Attorney General Act (PAGA) enforcement action against the employer for violations of Atty. C. Joe SAyAS, Jr. California labor laws occurring from April 29, 2016 to June 4, TERESA Brooke was hired by 2021. The lawsuit sought to Aurora Santa Rosa Hospital as recover monetary penalties its Chief Nursing Officer in May on behalf of Teresa and fellow 2016. The hospital provides employees and the State of Calin-patient care, partial hospital- ifornia. She also asked for the ization, and outpatient mental court to order the employer to health care for patients ranging change its business practices from teenagers to adults. Tere- and correct the violations. The California Whistleblower sa has 30 years of experience in the field of nursing and hospital management. During her short tenure as a chief nursing officer, Teresa discovered that there were several and pervasive Cal-OSHA and Labor Code violations at her hospital. Teresa reported to management several dangerous conditions that she found existed at the facility. Teresa reported severe staff shortages resulting in injuries to both patients and staff. Both staff and patients were being subjected to regular punching, kicking, choking, and other violent conduct. There Protection Act specifically prowere high rates of patient self- tects employees from being reharm, and several occurrences taliated against after reporting of sexual violence to patients, to a government agency that some of whom were minors. their employer has violated Employees were not provided the law. The Act also protects with meal and rest breaks and employees who report of a suswith suitable seats. Teresa al- pected violation internally (for leged that the constant staff instance, to a supervisor within shortages was a result of the the organization) or externally meager budget provided by to “any public body” conductcompany leadership because of ing a hearing or investigation. its priority on profits over pa- Employees are protected if they truly believed the conduct tient care and safety. Teresa reported her findings they complained about was to management and to a gov- unlawful, even if it was not. ernment agency. She was then The employer is also prohibitfired in November 2016. Teresa ed from retaliating against an sued her former employer and employee who refuses to parclaimed that she was wrongful- ticipate in activities that violate ly terminated in response to her the law.
Protecting Employee & Consumer Rights
Another relevant claim Teresa made in her case is under PAGA, which is an enforcement action against the employer for violating labor laws. PAGA is especially unique to California and was enacted to maximize compliance with California’s labor laws. Instead of the State of California pursuing penalties against an employer, the law gives a private citizen (such as an employee) the right to recover these penalties and seek to stop the employer’s violations suffered by current and former employees. After several rounds of failed settlement discussions, the parties finally agreed to settlement. The employer agreed to pay $2,850,000 damages (of which $2,046,750 is paid to the State of California; and $682,250 is paid to Santa Rosa hospital employees). The settlement also includes changes regarding the rights of employees and the hospital’s policies to improve working conditions. *** The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff. *** The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.] (Advertising Supplement)
“The California Whistleblower Protection Act specifically protects employees from being retaliated against after reporting to a government agency that their employer has violated the law.”
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Why Derek prefers to have a son...
girl. With a son, I can let him exPAGE B2 life, and I promised him that I plore, and I will just guide him.” will love Elias like my own.” As for work, Derek said that So I asked him, “When will El- he would rather do movies than len and you have a baby?” a teleserye. “The long taping “Hopefully, next year,” he hours of a teleserye make actors quipped. “She wants a girl, but I age,” he noted. “Even if it pays want a boy. I am wary of having more than movies, since you get a daughter because once she be- paid per taping day, it’s more comes a teen and starts posting draining.” her pictures in swimsuit on soDerek also said that he has cial media, baka marami akong ventured into the construction maaway na guys (laughs). I will business because he enjoyed be extraprotective of my baby building his houses in Alabang
and Palawan. I then asked him. “What’s your advice to couples in a whirlwind romance—like what happened to him and Ellen—who are wary of taking the plunge?” “It’s not about having a whirlwind romance. It’s more of being aware of your emotions and not being scared to act on them,” he explained. Whether it be “to marry or to break up,” from the looks of it, the ramsays’ whirlwind romance won’t be gone with the wind. n
Newlyweds Derek Ramsay and Ellen Adarna Photo from Instagram/@ramsayderek07
Gerald praises...
PAGE B2 he. “you know that she cares for this. Malayo pa ‘yung mararating niya sa platform na ‘to.” From being an online singing sensation to becoming an actress, Gigi is pleased with her latest career achievement, but feels pressure at the same time. “Singing is my passion, kinalakihan ko is pagkanta,” said she. “But now I’m being recognized as an actress, it’s a big accomplishment for me. This is also what my mom wants for me (acting).” “I’m proud of myself. Singing and acting are two different crafts,” added Gigi. “In acting, di lang ako kumakanta lang dun, binibigay ko ‘yung buong puso ko. Grabe very open and very vulnerable talaga yung pagiging artista. I’m very, very happy with what I have achieved right now.” n
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Are you overburdened by debt? BANkruPTCy law has two basic purposes for individuals (as opposed to a business entity). The first is from the perspective of creditors. Bankruptcy law gives creditors a common venue to resolve collective action against an insolvent debtor. What does this mean? Imagine if you will, that you owe ten credit cards for a total of $50k, you got into a car accident where you injured the other party who claims $250k of damages while you made the mistake of getting only the minimum coverage of $30k for third party liability, you have your own medical bills of $20k that’s not covered by your insurance. Hello omnicron To top it all, as they say, when it rains, it pours. you went to a party last night and one of the attendants had just returned from S. Africa with the Omnicron variant and this guy sneezed in front of your face and you both were not masked, both of you thinking that the booster shot you had two months ago would make yourselves bulletproof against this nasty virus and all of it’s myriad variants because Pfizer and Moderna said so, unless of course, you have the unfortunate destiny of being in the 1% infection breakthrough statistic, which you did become part of the breakthrough statistic, you’re now having a very hard time breathing and so now your in ICu, intubated and on a ventilator thinking you just made the biggest mistake of your life going to that party last night. The grim reaper is knocking on your door. Picture that for a moment. Sacred heart of jesus gives you your life back So you pray like you’ve never prayed before as if your very life depended on it, because it does. And the Sacred Heart of Jesus, in its infinite mercy answers your prayers and gives you back your life! A week from now, you’re out of the ICu and sent back home to recuperate. Two weeks from now, your test is negative. you’re Co-vid free. you get back to work on week three but don’t feel like working overtime anymore, since you’ve now concluded that life is just too short spending all your time just working and making money. you want more quality time with your wife and children. Common venue in BK court for creditors Three of the credit cards companies have filed lawsuits to collect $20k from you. The guy you injured in the car accident has filed his lawsuit to collect the $220k from you. your insurance
Debt Relief
Atty. LAwrence yAng has offered to pay him policy limits of $30k. And the hospital where you did your surgery has sent the $20k you owe to their lawyer for collection. If you file for Chapter 7 bankruptcy, all of your creditors will transfer their lawsuits to the bankruptcy court, instead of suing you in different superior courts, and await the outcome of your bankruptcy case. your bankruptcy gives all your creditors a common venue where they just sit and wait for your discharge. They are required by law to stop all of their collection efforts and legal maneuvers and just shut up and wait. The second purpose of bankruptcy law is from the perspective of the individual debtor. It provides a “fresh start” to individual debtors overburdened by debt. Fresh start for debtor without accumulated debt In the foregoing example, from the perspective of the debtor, it would be a good, wait not only good but great thing if he could start fresh again in life without debt, without the $50k of credit card debt, without the $250k of damages he owes to the injured party in the car accident, and without the $20k of medical bills. It would be great if he could start life again without the burden of all of these debilitating claims. Debtor needs $1500 a month just for minimum payments on the credit cards. Where’s he going to get $250k to pay the injured party? Should he liquidate his $250k of 401k to pay the injured party? In Chapter 7, debtor will be able to keep his house (if equity does not exceed $600k, fair market value minus outstanding mortgages and liens on it, in LA county), keep his $250k of 401k intact, keep all his cars, all his furniture, in fact everything he owns, in most cases assuming exemptions apply, keep his job, in other words, debtor will keep all the good stuff while at the same time, GET rID OF ALL THE BAD STuFF, GET rID OF ALL DEBTS! In effect, the individual debtor is given a “fresh start” in life without the burden of accumulated debt. From something bad comes something good. God is in control Don’t worry God has a good
plan for you, even if something very bad has happened to you. God can and does use something done by the evil one to you to bring about something very good for you and other people. What does this mean? Joseph is sold into slavery In Genesis 50:20, the brothers of Joseph throw him into a well and sell him into slavery because they are jealous of him, being their father’s favorite. Their father is Jacob who is the grandson of Abraham, the father of the Israelites. Joseph is 17 years old when he is sold into slavery. He is brought to Egypt as a slave, but in Egypt, he is falsely accused of rape and is imprisoned for 13 years. Clearly, the evil one has done a number on Joseph. But God gave Joseph the gift of interpreting dreams. The big boss in Egypt, the pharaoh keeps on dreaming about 7 fat cows, which are eaten by 7 thin cows. He’s going nuts trying to understand what this means. So he puts up a show, Egypt’s got talent, to see if anyone can interpret his dream. No one is able to give him the right answer. Finally, the chief butler of the pharaoh tells him that there’s this guy in prison who can interpret dreams, Joseph. The pharaoh summons Joseph to his palace. 7 Fat cows are eaten by 7 thin cows Joseph tells the pharaoh that there will be 7 years of extreme abundance followed by 7 years of extreme famine. Then Joseph proposes to pharaoh that during the years of abundance the extra produce must all be stored in huge barns so that the stored produce will be used to feed the people during the 7 years of famine. Joseph appointed CEO of Egypt Pharaoh appoints Joseph as CEO of Egypt and in charge of the storing and distribution of produce. During the years of famine, the brothers of Joseph go to Egypt to get their ration of food because there’s no food anywhere. Joseph forgives his brothers and takes care of them. S o t h e re y o u a re , f ro m something evil done to him, Joseph is elevated to become the CEO of Egypt and he is able to save the lives of many people including his brothers who sold him into slavery! This is why Genesis talks about God’s plan for us, that He can turn something evil meant to harm us instigated by the evil one, into something good for us that helps not only us by many people. “As for you, you meant evil against PAGE B7
Maximizing recovery in personal injury cases DEAr Attorney Tan, I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my back seemed very tight and stiff. I took some days off from work. After a week, I contacted the other driver’s insurance to report the claim. The insurance adjuster for the other driver said they would fix my car, and offered me $500.00 for my injuries. Is that enough? I do not know where to go from here. –K.K. Dear k.k., The first step is to make sure that any injuries that you have suffered in the accident are examined and treated. you can recover treatment costs since they are considered “economic damages” that you suffered due to the accident. you can also recover for time away from work as “economic damages,” even if you used paid time off or sick leave. The term “economic damages” means “objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.” Civil Code Section 1431.2(b)(1). A person’s claim for economic damages apart from medical expenses are often overlooked and not pursued by persons who settle their accident cases on their own, or with the assistance of inexperi-
Legal Advice Atty. DArrick tAn enced counsel. Loss of earnings are often a significant part of an injured person’s claim for economic damages. Damages are recoverable for both past and future lost earnings. To recover for past lost earnings, a person must prove the amount of income or earnings that he/she has lost to date. To recover damages for future earnings, a person must prove the amount of income or earnings that he/she will be reasonably certain to lose in the future as a result of the injury. CACI No. 3903C. How are past lost earnings proven? Medical records, which show the doctor authorizing a release from work or giving instructions to restrict work activities, can support the time taken off from work due to the injury. For those self-employed, medical providers typically do not provide a release from work; however, medical records should record work restrictions placed by the medical provider. After showing that the time off was justified, the next step is to value the lost earnings. A letter from a person’s employer that outlines the amount of time that one has lost as a result of his/her injury, the loss of benefits, and the rate of pay during the time
Filing bankruptcy... PAGE B4 again and clear your mind. Being in debt is very stressful. It can destroy marriages, family and business relationships. The stress can affect your health and your peace of mind. People who are in debt often feel alone, helpless and because they are embarrassed about their situation, they don’t even tell others about
their problems or seek legal help until it’s too late. But again, the question remains: Is it the right solution for you? I don’t know- until I know more about your situation. And only then can I give you my best and honest recommendation. If bankruptcy can be avoided, I will point out other alternatives that may be available.
of loss is evidence of the value of one’s loss of earnings claim. Other supporting documents include pay stubs, time cards, and tax returns. The monetary value of sick leave and vacation time that are used due to the injury are also recoverable. For those self-employed, earnings history as reflected by tax returns and profit and loss statements can help prove the value of lost earnings. Similar supporting documentation must be presented for future lost earnings. Apart from economic damages, you can recover “general damages,” which are damages for the pain, suffering, and inconvenience due to the accident. If you were suffered injury in an auto accident or someone’s premises, please contact our office to discuss your case. To maximize monetary recovery, it is important to have the assistance of an experienced attorney in presenting your personal injury claim. *** Darrick V. Tan, Esq. is admitted to practice law in California and Nevada. Mr. Tan is a graduate of UCLA and Southwestern University School of Law. He is a member of the Consumers Attorney Association of Los Angeles (CAALA) and American Immigration Lawyers Association (AILA). He is a former member of the Board of Governors of the Philippine American Bar Association (PABA). LAW OFFICES OF DARRICK V. TAN, 3580 Wilshire Boulevard, Suite 900, Los Angeles, CA 90010. Tel: 323639-0277. Email: info@dtanlaw.com (Advertising Supplement) *** NOTE: Due to COVID-19 pandemic, I am offering free consultations BY PHONE to anyone who needs help in dealing with their debt problems. *** None of the information herein is intended to give legal advice for any specific situation. Atty. Ray Bulaon has successfully helped over 5,000 clients in getting out of debt. For a free attorney evaluation of your situation, please call RJB Law Offices at TOLL FREE 1-866-477-7772. (Advertising Supplement)
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LA WEEKEND ASIAN JOURNAL • DEcEmbER 11-14, 2021
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Acting tips Angelina gets Yen Santos, Jake Gyllenhaal top Google PH’s most searched from mom Sunshine personalities of 2021 by alex
Brosas Inquirer.net
ANGELINA Cruz depends on her mom, veteran actress Sunshine Cruz, for advice, and all the more now that Angelina is acting in her first movie, “Love Is Color Blind.” One of the basic tips she got from her mom is to study the script and “follow your lines.” “But most importantly, to really know your character, to really know the idea of everything because that really helps. That’s what she told me,” Angelina shared during the online press conference for the movie, last Friday, Dec. 3. A little more help came when she sought for her mom’s advice on how to pronounce some words that are quite strange to her. “Actually, even during lock-in, if there are lines na hindi ko ma-pronounce well (that I can’t pronounce well), I would ask her for voice memos. ‘Mom, how do you say this well?’ She would help me naman,” Angelina said. She is also grateful to have been cast as Iris for the movie which will launch the Donny Pangilinan-Belle Mariano love team. “I feel like the viewers will find her very interesting. She is an interesting character. She is confident, she’s smart,” Angelina described Iris. Angelina is also a singer and her transition from being a singer to an actress has been challenging.
By Dana
Cruz Inquirer.net
Angelina Cruz
Photo from Instagram/@angelinaisabele
“My last project is actually a sitcom so very light lang po siya and very different from filming a movie because it is very detailed. Kaya po I have to really learn. I have to adapt. They were able to guide me naman po when it comes to emotions and to really become my character,” she said. n
SB19 dethrones BTS in Billboard Hot Trending Songs chart SB19 climbed its way to number one in the Billboard Hot Trending Songs chart with their song “Bazinga,” overtaking “Butter” by global K-pop sensation BTS. BTS held the top position for the chart’s entire existence before losing it to SB19, who were on the 8th spot, this week, Billboard reported on Tuesday, Dec. 7. The Hot Trending Songs chart, which tracks globally trending songs on Twitter, was only founded this year. “Bazinga” garnered 1.5 million Twitter mentions from Nov. 26 to Dec. 2, the report said. Billboard attributed this spike to SB19’s performance during the Philippine Association of the Record Industry’s 34th Awit
SB19
Awards, where the band won called “OUR ZONE: REPLAY” to People’s Voice Favorite Song for mark their third anniversary. (By their track “Hanggang sa Huli.” Sam Mayoralgo/Inquirer.net) n The group was nominated for three other categories, including Best Performance by a Group Recording Artists. The P-pop group thanked their fans on their Twitter page, also yesterday, by quoting a line from their new Billboard chart-topper “Bazinga.” “I’M FIRE / I LINGER YEAH. Wow! Thank you A’TIN for bringing us to the Top Spot on the @ billboard #HotTrendingSongs!” the group said. SB19 released the music video for “Bazinga” last October and it has garnered over 2,500,000 views, as of writing. Recently, the band announced a concert series
Photo from Facebook/SB19
Are you overburdened...
PAGE B6 me, God meant it for good in order to bring about this present result, to keep many people alive.” Genesis 50:20 God is truly awesome and allpowerful! God’s plans are to prosper you not to harm you Despite all your problems, you can rest assured that our God’s plans are to prosper you and not to harm you. “For I know the plans I have for you”, declares the Lord, “plans to prosper you, not to harm you, plans to give you hope and a future,” Jeremiah 29:11. What can be clearer than this that God loved as so that He sent His only beloved Son, Jesus Christ, who also loved us so, to die for us, to give us a chance to spend eternity with them in heaven. What an awesome and glorious plan for us underserving humans!” Our God can and does wonders beyond our imagination. When you think all is lost, divine intervention springs out of nowhere to resolve your problems. “Do not call to mind the former things, or consider things of the past. Behold, I am going to do something new, now it will spring up; will you not be aware of it? I will even make a roadway in the wilderness, Rivers in the desert,” Isaiah 43:18-19. Believe it or not, Walt Disney, filed for Chapter 7 not once, but twice before his Disney global empire became successful. He went on to become a billionaire after getting rid of all his debt twice. Milton Hershey, of Hershey chocolates, the biggest chocolate business in the world, also filed for Chapter 7 once before he became successful and a billionaire. Current ongoing physical proof God is almighty Incorruptible body of Carlo Acutis died 2007 at age of 15 Look at the incorruptible body of the blessed Carlo Acutis who died at 15 in 2007. You can look at his body in Rome, Italy, now 14 years after his death. He looks like he’s just asleep in his
jogging suit and rubber shoes! That is a perfect example of an ongoing sign on earth that the God of Joseph, our God, my God, is almighty and all-powerful that He even suspends the natural laws of biology and physics without any effort. He resurrected His one and only beloved son from death on the cross. Indeed, He has power over death. I have actually thought, “What would the other religions believe if they actually saw the incorruptible body of the blessed Carlo Acutis? I think even Buddha, if he were alive today, would truly believe that Yahweh is the one True God.” No need to think about reincarnation and nirvana because his incorruptible body is available for all to see in Rome, Italy. We won’t need any kind of explanation on the efficacy of modern day mummification. Come on, man, that’s all bull. The truth is in plain sight. Believe your own eyes, that the one true God is all-powerful and His name is Yahweh, “I am who am.” If you need debt relief, set an appointment to see me. I will analyze your case personally. Disclaimer: None of the foregoing is considered legal advise for anyone. There is absolutely no attorney client relationship established by reading this article. “HAVE I NOT COMMANDED YOU? BE STRONG AND COURAGEOUS. DO NOT BE TERRIFIED; DO NOT BE DISCOURAGED, FOR THE LORD YOUR GOD WILL BE WITH YOU WHEREVER YOU GO. JOSHUA 1:9 *** 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)
YEN Santos and American actor Jake Gyllenhaal led Google Philippines’ most searched personalities for 2021, alongside celebrities Rabiya Mateo, AJ Raval and Olivia Rodrigo, among others. Santos was put under scrutiny by the public this year after she got involved in the split between fellow actors LJ Reyes and Paolo Contis. Meanwhile, Gyllenhaal gained social media attention after singer Taylor Swift released last month the 10-minute version of her song “All Too Well,” which is speculated to be about her former relationship with the actor. Google released on Thursday, Dec. 9, its lists of top searches in the Philippines for 2021 under different categories. Aside from Santos, Mateo, Raval and Rodrigo, the list of top female personalities also includes singer Bella Poarch, “Squid Game” star HoYeon Jung and Miss Universe 2012 Olivia Culpo, who hosted Miss Universe 2020. The male personalities who joined Gyllenhaal in the most searched list are “Hometown Cha-Cha-Cha” actor Kim Seon-ho, “True Beauty” star Hwang In-youp, actors Gerald Anderson, Dominic Roque and
Yen Santos
Dylan O’Brien, as well as former Interior Secretary Mel Sarmiento, who got engaged to actress Kris Aquino last October. Anderson made headlines earlier this year after he admitted his relationship with actress Julia Barretto. His ex-girlfriend Bea Alonzo later confirmed her relationship with Roque in August. O’Brien, meanwhile, starred in the music video of Swift’s “All Too Well.”
Photo from Instagram/@ysantos
The hit Korean series “Squid Game,” “Pagsamo lyrics” and the Korean drama “True Beauty” were also among the top trending search queries for this year. “Six out of 10 searches are entertainment-related, which speak volumes on how Filipinos use the internet to connect to their passion points as a form of detachment and escape during the second year of the pandemic,” Google stated. n
B8 december 11-14, 2021 • LA WEEKEND ASIAN JOURNAL
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